Judgment Search Results Home > Cases Phrase: the kerala womens commission amendment act 2002 1 Page 2 of about 13,053 results (0.417 seconds)

Vineeta Sharma Vs. Rakesh Sharma

Court : Supreme Court of India

..... (e) the 174th report of law commission of india recommended the adoption of the kerala model, and the amendments were effected in kerala, andhra pradesh, karnataka, and in several states, giving coparcenary rights to the daughters. ..... 5.2 in this connection it may be noted that the amendments made in the hindu succession act, 1956 by the states of andhra pradesh, karnataka, maharashtra and tamil nadu and the kerala joint hindu family system (abolition) act, 1975 will be superseded by any subsequent central enactment containing provisions to the contrary as the central legislation will prevail over the state enactments by virtue of operation of doctrine of repugnancy enunciated in article 254 of the constitution. ..... debt due from his father, grandfather or great- grandfather solely on the ground of the pious obligation under the hindu law, of such son, grandson or great- grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005 , nothing contained in this sub- section shall affect- (a) the right of any creditor to proceed against the son, grandson or great- grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such ..... the act brought about changes in the law of succession among hindus and gave rights which were till then unknown in relation to women s property. ..... in the present case, no doubt, suit for partition was filed in the year 2002. .....

Prasanta Kumar Sahoo Vs. Charulata Sahu .

Court : Supreme Court of India

..... the commission also recommended that a daughter who is married after the commencement of the amendment act, should be entitled to a share in the ancestral property as she has already become a coparcener prior to her marriage. ..... the commission noted the fact that in various states such as kerala, andhra pradesh, tamil nadu, maharashtra and karnataka, attempts had already been made to bring about the gender equality. ..... state of kerala [(1991) 4 scc195 has noticed the sui generis status and the position of responsibility enjoyed by the advocate general in regard to the statements made by him before the courts. ..... the kerala legislature has enacted the kerala joint hindu family system (abolition) act, 1975.3. ..... statement of objects and reasons for amending the principal act read as follows:- 22 statement of objects and reasons the hindu succession act, 1956 has amended and codified the law relating to intestate succession hindus and gave rights which were till then unknown in relation to women's property. ..... but all these states, except kerala, while conferring coparcenary rights on daughters also denied such rights to daughters married prior to state acts coming into force.51. .....

Udayakaran Vs. Ahammedkannu

Court : Kerala

Reported in : 2004(2)KLT969

..... (3) where there is no representation of woman or of a member belonging to the scheduled castes or scheduled tribes in the committee of any apex of central society at the commencement of the kerala co-operative societies (amendment) act, 1999, the government or the registrar, respectively, may nominate a woman member or a member belonging to the schedule castes or scheduled tribes to the committee. ..... similarly, according to rule 35a(1), the committee shall meet at least 60 days prior to the date of expiration of its term and pass a resolution fixing the date, time and place for the conduct of the election to the new committee and a copy of the such resolution shall be sent to the state cooperative election commission by registered post within a week. ..... reservation of women members and members belonging to scheduled castes or scheduled tribes in the committee:-(1) notwithstanding anything contained in this act, the rules or the bye-laws, there shall be reserved in the committee of every society, one seat for a woman member and one seat for a member belonging to the scheduled castes or the scheduled tribes. ..... 4(a) dated 10.4.2003 passed by the committee of the society resolving to reserve the idukki district constituency for women and the alappuzha district constituency for sc/st is legal and valid. ..... the registrar even pointed out that the seat for woman was reserved in the idukki district where there were only two women societies as members of the society.6. .....

T. Balakrishnan Master Vs. K.M. Ramachandran Master and Another

Court : Kerala

..... the learned counsel for the revision petitioner canvassed that a revision against the order of acquittal is maintainable in the case placing reliance on an order passed by a learned judge of this court in an unnumbered revision, in which, the applicability of the proviso added to section 372 of the code under the amendment act was considered and a view expressed, taking note of the decision rendered by the apex court in national commission for women v. ..... state of kerala (2010 (2) klt 908) to contend that the proviso inserted to section 372 of the code has effect only from the date when the amendment came into operation with reference to the date of incident giving rise to the prosecution of the accused, and not with reference to the date of judgment rendered in the case. 4. ..... the incident giving rise to the prosecution of the accused was before the commencement of the operation of the proviso to section 372 of the code cannot be given any merit in deciding the right conferred on the victim to prefer the appeal, which has to be looked into with reference to the date of commencement of the amending act and also the circumstances enabling the victim to prefer the appeal against the accused. 13. .....

S. Sajikumar and Others Vs. Kerala State Electricity Board, represente ...

Court : Kerala

..... the controversy revolves around whether the board could have made the amendments to the regulations providing an advantage to the sports persons for promotion to the cadre of junior assistants/cashier without consultation with the kerala public service commission [for brevity, kpsc]. 2. ..... it is to be pointedly noticed that it is not the reasonableness of the prescription which arises for consideration, but whether the said amendment could have been made without consultation with the kerala public service commission. ..... (c) a pass in the suitability test conducted by the kerala public service commission (those who secure 40% marks in the test will be declared eligible). ..... the reliance placed by the board is on rule 4(j), which is extracted hereunder: rule 4: it shall not be necessary for the commission to be consulted: *** (j): in regard to the appointment of persons who are proficient in sports and games to the following posts: 1. ..... the kerala public service commission (additional functions) act, 1963; by section 3, mandates consultation with the psc inter-alia on all matters relating to the method of recruitment, to services and posts under the electricity board and with respect to the principles to be followed in making appointments to such services. ..... such promotions made would be bad for the reason of the same being not in consonance with the act and the rules above mentioned. .....

Balasubramanian Vs. Chandradas

Court : Kerala

Reported in : 2006(2)KLT467

..... the kerala municipality act, 1994 was enacted to replace the enactments relating to municipalities and municipal corporations then in force by a comprehensive enactment in line with the constitution (seventy fourth) amendment act 1992 for securing greater measure of participation of the people in planned development and in local governmental affairs and to endow such municipalities with necessary powers and authority to enable them to function as institutions of self government ..... to the palakkad municipality was duly conducted by the election commission spending public money in accordance with the procedure laid down in the kerala municipality act. ..... 34433 of 2005 was filed by another elected councillor seeking a direction restraining the election commission from convening any meeting for the election of chairperson in violation of section 12 of the kerala municipality act.10. ..... by him for not making and subscribing oath as chairperson and therefore the state election commission has got the powers to declare that he has vacated the office under section 12(8a) and explore the possibility of conducting election afresh to fill up the post of chairperson from scheduled caste community and if nobody from the members of scheduled caste community is coming forward again to accept the post of chairperson, the possibility of reserving the post to women can be thought of failing which the post be dereserved leaving it to general category.23. ..... i of 2002 gujarat assembly elections : air2003sc87 .....

Jabir HussaIn Nasir Ahmed Boga and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR2006Guj53; (2006)1GLR10

..... section 14 of the said act provides for determination of the validity of election and lays down that the validity of any election of a councillor can be brought in question at any time within 15 days after the date of declaration of result of the election, by making an application with the district court for the determination of such question and the judge may after such inquiry as he deems necessary pass an order confirming or amending the declared results of the election or set aside the election. ..... (c) sthat the result of the election has been materially affected by the improper reception or refusal of a vote or by the reception of any vote which is void, or by any non-compliance with the provisions of the constitution or of this act or of any rules or orders made under this act or of any other act or rules relating to the election, or by any mistake in the use of any prescribed form, the tribunal shall declare the election of the returned candidate to be void is sa residuary provision contemplating cases where there has been infraction of the provision of the constitution or of the act but which ..... (b) the state election commission thereafter shall carry out the determination of the boundaries of the wards and the allocation of seats reserved in favour of the scheduled castes, scheduled tribes, backward classes and women among the wards in the prescribed manner.6. ..... [air 2000 kerala 376].10. ..... state of kerala and ors. .....

Nimmaka Jaya Raj Vs. the Government of Andhra Pradesh, Represented by ...

Court : Andhra Pradesh

..... petition filed as public interest litigation, the petitioner prays for a writ of mandamus declaring sub-sections (3) and (4) of section 143 of the andhra pradesh panchayat raj act, 1994 (hereinafter referred to as the act) as illegal and unconstitutional for being in violation of the constitution (seventy-third amendment) act, 1992 with particular reference to articles 243e and 243k of the constitution of india, and for a direction to the respondents to conduct elections to the gram panchayats. 3. ..... iv) all the writ petitions challenging the validity of amending acts, providing for appointment of special officers for local bodies ..... consequent upon the 73rd and 74th constitutional amendments, the state of andhra pradesh enacted the andhra pradesh panchayat raj act, 1994 which provides, inter alia, territorial constituencies for each tier and election of members thereto directly from territorial constituencies, reservation of seats and offices for scheduled castes, scheduled tribes, backward classes and women, duration ..... review the reservation from time to time; iii) the state election commission shall commence the process of elections to the local bodies in the state of andhra pradesh immediately and shall complete the elections within a period of three months from the date of finalisation of the reservation percentage by the state. ..... on the judgment of the supreme court instate of kerala v. ..... the petitioner submits that no action has been taken on his representation dated 23.1.2002 .....

Nimmaka Jaya Raj Vs. the Government of Andhra Pradesh, Repres

Court : Andhra Pradesh

..... petition filed as public interest litigation, the petitioner prays for a writ of mandamus declaring sub-sections (3) and (4) of section 143 of the andhra pradesh panchayat raj act, 1994 (hereinafter referred to as 'the act') as illegal and unconstitutional for being in violation of the constitution (seventy-third amendment) act, 1992 with particular reference to articles 243e and 243k of the constitution of india, and for a direction to the respondents to conduct elections to the gram panchayats.3. ..... iv) all the writ petitions challenging the validity of amending acts, providing for appointment of special officers for local bodies ..... consequent upon the 73rd and 74th constitutional amendments, the state of andhra pradesh enacted the andhra pradesh panchayat raj act, 1994 which provides, inter alia, territorial constituencies for each tier and election of members thereto directly from territorial constituencies, reservation of seats and offices for scheduled castes, scheduled tribes, backward classes and women, duration ..... review the reservation from time to time; iii) the state election commission shall commence the process of elections to the local bodies in the state of andhra pradesh immediately and shall complete the elections within a period of three months from the date of finalisation of the reservation percentage by the state. ..... on the judgment of the supreme court in state of kerala v. ..... the petitioner submits that no action has been taken on his representation dated 23.1.2002 .....

Narayanan Vs. Meenakshi

Court : Kerala

Reported in : AIR2006Ker143; 2006(1)KLT210

..... the hindu succession amendment act, 2005, act 39 of 2005, was enacted on the basis of the 174th report of the law commission. ..... him only one male issue and whether it is necessary that there must be more than one male issues to invoke section 23?3) whether the protection in favour of the male heir under section 23 of the hindu succession act would be available if he inducts a third party in the dwelling house or any portion thereof?4) whether omission of section 23 of the hindu succession act by the hindu succession amendment act, 2005 would have any impact on a suit for partition or appeal therefrom pending on the date of the commencement of the hindu succession amendment act, 2005?2. ..... even at the time when the hindu succession act, 1956 was enacted, women's organizations had voiced the grievance that though the 1956 act made commendable inroads into the erstwhile hindu system of inheritance, still the gender discrimination against women was not fully done away with by the 1956 act. ..... vellayyappan i.l.r.1981 kerala 643, it was held:the right ceases if their male heirs or their families cease to use the whole property as a dwelling house and permit a stranger to occupy any portion of it.11. ..... 1981 kerala 643, justice janaki amma held that section 23 would apply even if the deceased is survived by only one male heir along with female heir or heirs. ..... 1981 kerala 643 it was held thus:. .....