Court : Kerala
Reported in : AIR2000Ker250
..... construed in the light of this principle, it is clear that sections 84 and 86 of the municipal act bar, by inevitable implication, the jurisdiction of the civil court where the grievance of the party relates to an assessment or the principle of assessment under this act.'23. ..... in the instant case, the department has alleged that the forum has no jurisdiction to try the complaint since the dispute raised by the subscriber relates to an instrument installed at his request by the telephone department and that the dispute raised by the complainant relates to the quantum of the bill and, therefore, such disputes come within the purview of section 7-b of the telegraph act. ..... barkathulla khan, (1998) 8 scc 275, the supreme court held that the law declared by the supreme court is binding on all and that the judicial discipline requires that the clear pronouncements by the supreme court, about what the law on a matter is, must be treated as binding by all courts in india and where the supreme court has stated that the law laid down in a particular case is the applicable law, it was not open to the high court to consider or rely on any supposedly conflicting decision.27. in a. v. ..... consumer protection council, air 1995 sc 1384; state of mizoram v. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ355
..... the present writ petition significantly is not filed by the author of the impugned order ext.p4, instead it is filed by the tripunithura municipality, which is a local authority as defined in the municipalities act. ..... the senior counsel referred to section 509(9) of the municipalities act and submitted that the order of the tribunal shall ordinarily be final under the scheme of the statute. ..... section 509(6) of the kerala municipality act provides that any person may file appeal against any notice issued or any order passed by the secretary under sections 390, 391, 395, 406 and 408 to the tribunal constituted for local self government institution. ..... learned counsel also pointed out that the position which obtained prior to the constitution of appellate tribunal was that many of the appeals under the act were heard by the government and orders of the government were accepted by the municipality which had no right to challenge those appellate orders.4. ..... the thripunithura municipality challenges ext.p6 order passed by the tribunal for local self government institutions allowing an appeal filed by the 1st respondent-builder against the municipality's order declining building permit for the construction of an additional floor over a four storied building already permitted to be construed under ext.p2 dated 27.6.2007. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ218
..... gujarat municipalities act was amended on 20-8-1993 in view of the insertion of parts ix and ix-a in the constitution, as a result of which an industrial area under the gujarat industrial development act, which is notified under section 16 of the gujarat industrial development act, would become a notified area under the new section 264a of the gujarat municipalities act and would mean an industrial township area under the proviso to clause (1) of article 243a of the constitution of india. ..... the apex court held that once the area is deemed notified area under the gujarat municipalities act, 1964 it is equated with an industrial township under part ix-a of the constitution where municipal services may be provided by industries. ..... section 16 gives power to the government to issue notification by which it can declare that an industrial area as defined in the gujarat industrial development act, 1962 would also be a deemed notified area under the gujarat municipalities act, 1963. ..... 3089 of 2007 seeking a declaration that the provisions of the kerala panchayat raj act, 1994 are not applicable to the kanjikode unit of the petitioner and that the second respondent panchayat does not have any administrative jurisdiction over the affairs of the kanjikodee unit of the petitioner.5. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(1)KLJ280
..... y.as per the provisions of the police amendment act, 2007 (act 21/2007), when such a recommendation of the police complaints authority is received, the disciplinary authority is bound to take disciplinary action, though the disciplinary authority or the enquiring authority should not be influenced by the prima facie findings of the police complaints authority.13. ..... if the delinquent is to be reinstated immediately after the enquiry by the enquiring officer is over, the same will produce an anomalous result, that is, the first part of the above said clause enables suspension, even in contemplation of an enquiry, whereas the latter part does not permit continuance of the suspension after the completion of the enquiry by the enquiry officer, even if the delinquent is found guilty. ..... when a divisional court yielded to that temptation by invalidating a secretary of state's decision to postpone publication of a report by company inspectors, the house of lords held that the judgments 'illustrate the danger of judges wrongly though unconsciously substituting their own views for the views of the decision-maker who alone is charged and authorised by parliament to exercise a discretion. ..... the jalgaon municipal council : air1991sc1153 . .....
Tag this Judgment!Court : Kerala
Reported in : 2007(3)KLT702
..... it reads:(2) no government land assignable for public purpose may be assigned under sub-section (1) without consulting the local authority as defined in the kerala panchayat raj act, 1994 (13 of 1994) or the kerala municipality act, 1994 (20 of 1994) as the case may be and if such local authority required such land, for carrying out any of the functions assigned to it, government may set apart such land for that purpose. ..... considering the report of the district collector, the government took the view the land cannot be assigned under the kerala government land assignment act and rules. ..... rule 24, in our view, does not empower the government to completely do away with the scheme of the act and rules and their purpose and intent. ..... the various provisions in the kerala government land assignment act and the kerala land assignment rules would unmistakably show that the act and rules are intended to protect landless people by assigning to them government lands for cultivation and other purposes. ..... as per exhibit p2 order dated 22-5-1999, the district collector, kottayam, rejected the application holding that the petitioner is in possession of lands in excess of the ceiling limit under the kerala land reforms act. ..... the kerala land assigned rules, 1964 were made by the government in exercise of the powers conferred by section 7 of the act.8. ..... the kerala government land assignment act, 1960 (hereinafter referred to as the `act') was enacted to regulate the assignment of government lands. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(2)KLJ863
..... in my view the object of section 531 of the kerala municipality act, is to extend such protection to those who deal with the corporation, although this protection does not extend to the members of the committee as such. ..... since final orders were not passed, the petitioner approached this court by filing wp(c) 12669/2007 in which an interim order was passed directing the corporation to pass final orders pursuant to ext. ..... as far as the plea that the petitioner has violated the building rules now urged by the corporation is concerned, this again was not an allegation against the petitioner when wp(c) 12669/2007 was considered and this aspect has been specifically noticed by this court in ext. ..... it was much later that on 31-1-2007 the first notice was issued and ext. ..... this writ petition was admitted by this court on 19-12-2007 and an interim order was also passed and that order has been extended from time to time. ..... 12669/2007 filed by the petitioner challenging ext. ..... p21 was issued only on 10-12-2007. ..... p20 judgment dated 22-10-2007. ..... p9 notice, they were required to appear for a personal hearing on 24-3-2007. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ228
..... be said that levy of duty is not upon the instrument but on the transaction.the object of the explanation is clear that if an agreement is entered into and that agreement itself contemplates the delivery of possession of the property within the stipulated time, then such an agreement should be deemed to be a conveyance for the purpose of duty leviable under the bombay stamp act.in the case on hand also, there is a specific stipulation in ext.p2 that the third petitioner will complete the construction of the flat by 31.12.2008 and handover possession within 90 days ..... the petitioners are aggrieved by the recent amendments brought to the kerala stamp act, 1959 (hereinafter referred to as 'the act') by the kerala finance act, 2007. ..... the main point that arises for decision in these cases is the constitutional validity of certain provisions of the kerala stamp act, 1959, which were introduced by way of an amendment by the finance act, 2007 (act no. ..... yet another relevant fact is that it was the third petitioner who obtained the building permit from kakkanad panchayat, under the kerala municipality building rules, 1999, which were extended by the government to the said panchayat's area also! ..... section 2 of act 15 of 2007 deals with the amendment to the act. ..... 55 amount or value of the of immovable property situated consideration for such within the municipal corporations conveyance. ..... article 22 deals with conveyance in municipalities and municipal corporations. ..... or municipalities. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(2)KLJ516
..... in the kerala panchayat raj act, 1994 (13 of 1994), or in the kerala municipality act, 1994 (20 of 1994) or in any other law for the time being in force, subject to the other provisions of this act,:(a) if a member of local authority belonging to any political party voluntarily gives up his membership of such political party, or if such member, contrary to any direction in writing issued by the political party to which he belongs or by a person or authority authorized by it in this behalf in the manner prescribed, votes or abstains from voting.the expression 'defection' as such is not defined in the act. ..... swami prasad maurya : (2007) 4 scc 270 also the supreme court held that it is the conduct of the elected members that is to be looked into while considering whether an elected member has become disqualified on the ground of defection based on voluntary giving up membership in the political party. in g. ..... indisputably the writ-appellants, who were elected to the municipal council as official candidates of the indian national congress and having continued so in the council, have voted in favour of the no confidence motion moved by the rival political parties on 21-4-2008 and by the said conduct they had incurred the disqualification of voluntarily giving up membership in the political party. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2008Ker141
..... the petitioner, a municipality, on the ground that property tax is a first charge, under section 237 of the kerala municipality act, 1994, filed a claim petition under rule 11 of the schedule rules asserting priority in matter of liabilities, in preference to the bank, the holder of a recovery certificate. ..... but the mere fact that an appeal under section 30(1) of the rdb act is called an 'application' for the purpose of the procedure rules by virtue of sub-clause (c) of rule 2, the interpretation clause, of those rules, does not necessarily lead to the inference or conclusion that all appeals under section 30(1) of the rdb act are chargeable with a fee applying entry 5 in rule 7(2) of the procedure rules. ..... section 29 of the rdb act provides for the application of the provisions of, among other things, the schedule rules, as far as possible, with necessary modifications, as if those provisions referred to the amount of debt due under the rdb act instead of the income-tax act. ..... application fee:-- (1) every application under section 19(1), or section 19(2), or section 19(8), or section 30(1) of the act, or interlocutory application or application for review of decision of the tribunal shall be accompanied by a fee provided in the sub-rule (2) and such fee may be remitted through a crossed bank demand draft drawn on a bank or indian postal order in favour of the registrar of the tribunal and payable at the place where the tribunal is situated. .....
Tag this Judgment!Court : Kerala
Reported in : 2007(1)KLT368
..... in addition to the above, chapter xvi of the kerala municipality act makes it abundantly clear that it is also the duty of the municipality to supply clean drinking water to the people of the municipality section 315b specifically lays down thus:315b. ..... scheme and drainage scheme under sub-section (1) may realise water charge and service charge for sewerage from the beneficiaries in the manner as prescribed.as such, it is very clear that the local bodies also have legal duties under law in the matter of supply of drinking water to the people of the municipality spite of that, the 4th respondent-alappuzha municipality and the 5th respondent-block panchayat have not even responded, to this writ petition which espouses a just and long pending ..... -(1) notwithstanding anything contained in the kerala water supply and sewerage act, 1986 (14 of 1986) or on any other law, each municipality have the power and right to prepare and implement the water supply scheme or the sewerage scheme within its municipal area. ..... a scheme known as 'alappuzha water supply scheme' was envisaged by the kerala water authority to cater to the drinking water needs of the people of the entire alappuzha municipality and the neighbouring eight panchayat areas. .....
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