Court : Kerala
Reported in : AIR1997Ker237
..... in 1978, there was a bogus complaint against the first petitioner and the vigilance wing of the kerala pubic service commission conducted an enquiry regarding the caste status of the first petitioner and-the above complaint was found tobe baseless. ..... 'the scheduled castes and scheduled tribes orders (amendment) act 1976' the caste 'kuruvan' is included as scheduled caste by adding the same as sl. no. ..... reference was also made to certain old literature that the people of nanchinadu area, which formed part of the erstwhile travancore state and these kuravans migrated to various parts of kerala and that they were also known as 'vettuvan' and the petitioner's father while admitting the petitioner in the school gave his caste name as 'veduva pillai' and this does not affect thecaste identity of the petitioner. ..... p5 it was held that 2nd petitioner obtained admission in the engineering college on the ground that he was a member of the scheduled caste and that the enquiry by the kirtads showed that he was not a member of the scheduled caste and hence his admission was cancelled. ..... enquiry is contemplated before the presidential order is made but any amendment to the presidential order can only by legislation. ..... 68 in the constituion (scheduled castes) order, 1950 as amended subsequently by act 63 of 1956. ..... it is alleged that in act 108 of 1976, namely. .....
Tag this Judgment!Court : Kerala
..... the learned counsel for the appellants relied on the provisions of the constitution (97th amendment) act, 2011, provisions of section 28-a of the kerala co-operative societies w.a.nos.1719, 1723 & 1753 of 2014 3 act and the decisions of this court in gopinathan vs. ..... this shows that the decision of the executive committee was not merely a decision providing for reservation for women in terms of the provisions contained in section 28 a of the kerala co- operative societies act but also the exercise included the reservation of wards for women as well. ..... the writ petitions were filed challenging the election notification issued by the state co-operative election commission scheduling election to the board of directors of the kerala state co-operative marketing federation ltd. ..... the short question that arises for our consideration is whether the learned single judge was justified in interfering with the election notification on the ground that the reservation of two wards for women which has been done by the executive committee without amendment to the bylaw as contemplated in clause 22 of the bylaws of the society. ..... the election notification, issued by the election commission shows that, among the various wards, thrissur and north paravur are reserved for women. .....
Tag this Judgment!Court : Kerala
..... banks, rural banks, regional banks, urban co-operative banks, urban co- operative societies, primary agricultural and rural development banks and primary housing co-operative societies from the operation of the third proviso to sub-section (1) of section 28 of kerala co-operative societies act, 1969, for a further period of one year from 1st january, 2015 to 31st december, 2015 or till the date of conducting election to the committees after duly registering bye-laws in accordance with the provisions of the said amendment act, whichever is earlier. ..... amendment was also mooted to reserve three seats for women members and one seat for a 2 wp(c) nos.4590 & 7121 of 2015 member belonging to scheduled castes/scheduled tribes ..... three seats require to be reserved for women members and one seat for a member belonging to scheduled caste or scheduled tribe as per section 28a(1) of the act. ..... nevertheless the reservation for women members, scheduled castes/schedules tribes and depositors is being scrupulously adhered to ..... the state co-operative election commission represented by its stateco-operative chief election commissioner thiruvananthapuram.2 ..... 11 seats will however make up for the reservation of three seats for women members, one seat for scheduled castes/scheduled tribes and one seat for the depositors. ..... 31(b) of the unamended bye-laws specified that nine candidates were to be elected therefrom out of which one seat was reserved for scheduled castes/scheduled tribes and another for women. .....
Tag this Judgment!Court : Karnataka
..... even so, independent of the ultimate result of the case it is only appropriate that we consider the plea of the kerala public service commission, that of access to this court by a person who does not come by way of a formal petition paying court-fee and drafting the petition in the traditional manner. ..... in these circumstances we have no hesitation to hold that the denial of appointment to women to posts in the last grade service on the sole ground that they are women is opposed to articles 14 and 15 (1) of the constitution of india and consequently note to r.5(b) of the special rules for the kerala last grade service, as it stands has to be struck down as ..... it was inserted by the constitution first amendment act, 1951 as a result of the decision in the case of the state of madras versuschampakam dorairajan (1951 scr 525) setting aside reservation of seats in educational institutions on the basis of caste and community ..... is at para 7 which reads as under:- 1) whether it can be said that by not providing 30% of the post for the women for recruitment to the posts of junior health workers (male), there is contravention of rule 9(1-b)of the karnataka civil services (general recruitment) rule 1977 r/w article 15(3) of the constitution of india; 2) whether there is discrimination against women by not prescribing the qualification of diploma in health inspector conducted by para medical board for the posts of junior health workers (female) though that qualification has been prescribed for .....
Tag this Judgment!Court : Supreme Court of India
..... the age group of 10 to 50 years to the lord ayyappa temple at sabarimala (kerala) which has been denied to them on the basis of certain custom and usage; to declare rule 3(b) of the kerala hindu places of public worship (authorisation of entry) rules, 1965 (for short, the 1965 rules ) framed in exercise of the powers conferred by section 4 of the kerala hindu places of public worship (authorisation of entry) act, 1965 (for brevity, the 1965 act ) as unconstitutional being violative of articles 14, 15, 25 and 51a(e) of the constitution of india and further to pass directions for the safety of women ..... state of tamil nadu, (1972) 2 scc11 the validity of the tamil nadu hindu religious and charitable endowments (amendment) act, 1970 was questioned by hereditary archakas and mathadhipatis of some ancient temples of tamil nadu, as the amendment act did away with the hereditary right of succession to the office of archaka even if the archaka was otherwise qualified. ..... further, the petitioners have submitted that the respondent no.2 has wrongly stated that the sabarimala temple is a religious denomination, for any temple under a statutory board like a devaswom board and financed out of the consolidated fund of kerala and whose employees are employed by the kerala service commission cannot claim to be an independent religious denomination .58. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC191; [2008(119)FLR760]; 2008(13)SCALE29; 2008(3)ShimLC272; 2009(1)SLJ306(SC); 2008(9)SCC396
..... on or about 7.11.1985, an amendment was carried into effect as a result whereof the said amended regulation read as under:the relative seniority of persons drawn from the secretariat establishment and the general establishment including the accounts wing shall be determined based on their ranking in the advice list of the kerela public service commission or the board as the case may be at the time of initial recruitment by the kerala public service commission or the board to the respective establishment under the board subject to the application of rules regarding obligatory departmental ..... 5 is that the crucial date of integration shall be 14.1.1981 and that the relative seniority of persons shall be determined based on their ranking in the advice list of the public service commission or the board, at the time of initial recruitment by the public service commission or the board, as the case may be, subject to the application of rules regarding obligatory departmental tests. ..... , the employees of the board were governed by the rules known as kerala state electricity board (integration of board secretariat establishment and general establishment) regulations, 1981 framed under section 79-c of the electricity (supply) act, 1948 ..... the kerala state electricity board constituted and incorporated under the electricity (supply) act, 1948 is before us aggrieved by and dissatisfied with a judgment and order dated 14.12.2005 passed by a division bench of the kerala high court in writ appeal .....
Tag this Judgment!Court : Delhi
..... on the 20th december, 2001, the legislative assembly of the nct of delhi passed the delhi high court (amendment) act 2001, (delhi act no.5 of 2002) to amend the delhi high court act, 1966 (act no.26 of 1966) and the punjab court act of 1918. ..... ) which inter alia records the following: as the bill seeks to amend the court fees act, 1870 which is an act made by parliament, so, if the proposed amendment act is to prevail in the national capital territory of delhi, then, under the first proviso to sub-clause(c) of clause (3) of article 239 aa of the constitution, it will be reserved for the consideration and assent of the president. ..... keeping in view the dehumanising aspect of the crime, the flagrant violation of the fundamental rights of the victim of the crime and the growing rise in the crimes of this type, where only a few come to light and others don't, we hope that the government and legislature would give serious thought to the recommendation of the law commission (supra) and bring about appropriate changes in the law not only to curb the custodial crime but also to see that the custodial crime does not go unpunished.... ..... of kerala and anr.1994 (5) scale1as well. ..... women s coop. .....
Tag this Judgment!Court : Delhi
..... on the 20th december, 2001, the legislative assembly of the nct of delhi passed the delhi high court (amendment) act 2001, (delhi act no.5 of 2002) to amend the delhi high court act, 1966 (act no.26 of 1966) and the punjab court act of 1918. ..... ) which inter alia records the following: as the bill seeks to amend the court fees act, 1870 which is an act made by parliament, so, if the proposed amendment act is to prevail in the national capital territory of delhi, then, under the first proviso to sub-clause(c) of clause (3) of article 239 aa of the constitution, it will be reserved for the consideration and assent of the president. ..... keeping in view the dehumanising aspect of the crime, the flagrant violation of the fundamental rights of the victim of the crime and the growing rise in the crimes of this type, where only a few come to light and others don't, we hope that the government and legislature would give serious thought to the recommendation of the law commission (supra) and bring about appropriate changes in the law not only to curb the custodial crime but also to see that the custodial crime does not go unpunished.... ..... of kerala and anr.1994 (5) scale1as well. ..... women s coop. .....
Tag this Judgment!Court : Mumbai
..... we would dwell into the history and development of hindu law as well as look at the law commission report, report of the standing committee of parliament and the statement of objects and reasons of the bill introduced in parliament with the purpose of finding out the true intent of the parliament in amending section 6 of the principal act by the amendment act, 2005. 13. ..... as under :-(for convenience, the words the hindu succession (amendment) act, 2005 have been referred to as the amendment act ) 1(a) on and from the commencement of the amendment act, in a joint hindu family governed by mitakshara law, the daughter of coparcener shall by birth become a coparcener in her own right as the son; 1(b) on and from the commencement of the amendment act, in a joint hindu family governed by mitakshara law, the daughter of coparcener shall have the same rights in the coparcenary property as she would have if she would have been a son; 1(c) on and from the commencement of the amendment act, in a joint hindu family ..... if we look at the history of legislation with regard to women in india and also the law prevailing prior to the legislation when under the shastric/ customary law, though the hindu woman was part of the joint hindu family, she had no right in the joint property. ..... the kerala legislature has enacted the kerala joint hindu family system (abolition) act, 1975. 3. ..... state of maharashtra (2002)2-scc-135) and union of india vs. .....
Tag this Judgment!Court : Andhra Pradesh
..... the kerala high court further noticed that prior to the amendment, the court used to entertain the revision petition in deserving cases against the order of acquittal at the instance of the de facto complainant, and having regard to the stand taken by the appellant in the affidavit filed in support of the condone delay petition that he preferred revision, but the registry raised objection that the remedy is to file appeal, and therefore, he preferred the appeal, the kerala high court while dismissing the appeal as not maintainable, observed that dismissal of the appeal will not come in the way ..... the legislature having taken cognizance of this shortcoming, based on the report of the law commission, felt it appropriate and accordingly, by act 5 of 2009 amended section 372 cr.p.c. ..... the counsel for the national commission for women submitted that notwithstanding the fact that the state did not file any appeal in the matter, still appeal at the instance of the commission was maintainable under the inherent powers of the apex court, since leave to file slp was already granted, and at that stage, it was not open to the apex court to revoke its earlier order and doubt the maintainability of the slp. ..... disagreeing with the stand taken by the counsel for the national commission for women, the apex court held as follows: chapter xxix of the code of criminal procedure deals with "appeal(s)". ..... the learned counsel for the respondent relied on the judgment of the national commission for women v. .....
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