Judgment Search Results Home > Cases Phrase: the mizoram municipalities act 2007 Court: kerala Page 4 of about 326 results (0.138 seconds)

Babu Oomen Thomas (Dr.) Vs. State of Kerala and anr.

Court : Kerala

Reported in : 2009(1)KLJ54

..... legislature can make any law to continue reservation to the creamy layer inasmuch as the above judgments of this court are based on article 14 and 16(1) of the constitution of india, an no law can obviously be made to override the provisions of articles 14 and 16(1).thus, for the aforesaid reasons, section 4 of the act along with the non obstante clause is declared unconstitutional and violative of the judgments of this court and also violative of articles 14, 16(1) and 16(4) of the constitution of india.we then come to section 6 of the act which deals with retrospective validation. ..... still later the first respondent enacted kerala temporary stay of eviction proceedings act, 2007, act 14 of 2007 on 27.7.2007. ..... 14 of 2007) are invalid, void and non-est and ultra vires of the powers of the 1st respondent by issuing a writ of certiorari of other appropriate writ, direction or order directing the respondents to stay all directions and directives that are being issued by the first respondent and the second respondent to conduct survey and identification of the lands in the possession of various persons as a prelude to distribution of the lands to the unauthorised occupants and to stay the distribution of the lands detailed in the schedule to ext. ..... mehta's case (2006) 3 scc 399, which upheld the power of the municipal corporation to seal premises in case of misuser and directed the sealing process to commence. .....

P.K. Alavi Vs. the District Collector and ors.

Court : Kerala

Reported in : 2007(3)KLJ734

..... language other than the english language for use in bills introduced in, or acts passed by, the legislature of the state or in ordinances promulgated by the governor of the state or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the english language published under the authority of the governor of the state in the official gazette of that state shall be deemed to be the authoritative text thereof in the english language under this article.in view of the above position, in the case of conflicts between the non-english version ..... are to be discerned and considered:1st - what was the common law before the making of the act.2nd - what was the mischief and defect for which the common law did not provide.3rd - what remedy the parliament hath resolved and appointed to cure the disease of the commonwealth, and4th - the true reason of the remedy;and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions ..... pune municipal corporation and ors. ..... 9958 of 2007, it is submitted that when the vehicle was released and given interim custody by the magistrate's court, rs. ..... 1161 of 2007, a contention was raised saying that there was valid pass. ..... : (2007)6scc143 . .....

P.A. Thomas and ors. Vs. Authority Under the Minimum Wages Act and anr ...

Court : Kerala

Reported in : [2008(117)FLR257]; 2008(1)KLJ607; 2008(1)KLT858; (2008)IILLJ985Ker; 2009(2)SLJ78(Kerala)

..... (2) nothing in this act shall prejudice the operation of the provisions of section 59 of the factories act, 1948 (63 of 1948) in any case where those provisions are applicable.as is evidence from the section, the section enables an employee whose minimum rate of wages is fixed under the act to claim from the employer overtime wages at the rate fixed under the act or under any law of the appropriate government for the time being in force, whichever is higher. ..... , he shall, in respect of overtime work, be entitled to wages:(a) in the case of employment in agriculture at one and a half times the ordinary rate of wages;(b) in the case of any other scheduled employment at double the ordinary rate of wages;explanation: the expression 'ordinary rate of wages' means the basic wages plus such allowances including the cash equivalent of the advantage accruing through the concessional sale to the person employed of food-grains and other articles as the person employed is for the time being entitled to but does not ..... the authority under the minimum wages act, by ext.pl order, following a decision of the supreme court in municipal council. ..... regha 2007(4) klt 386, held that when there is conflict between two decisions of the supreme court, decision of the larger bench will prevail. ..... 2007(4) klt s.n. .....

Essar Telecom Infracture (P) Ltd. Vs. the Circle Inspector of Police a ...

Court : Kerala

Reported in : 2008(3)KLJ672

..... it is a cage for co-operation between the board and the chief constable and the use of plenty of commonsense by all concerned, including those who are on the site obstructing the board's functions.i would dismiss the appeal.xxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxxjempleman, j.the preset litigation is due partly to the understandable desire of the police to be certain of the extent and limitations of their powers and partly to the understandable desire of the board to obtain the assistance the obstructors so that the board can complete their survey. ..... he referred to rule 158 of the kerala municipality building rules and submitted that if the tower constructed is dangerous to health, the remedy of the persons in the neighbourhood is to move the secretary of the municipality concerned. ..... for improving the coverage in the kolmotta in kannur district, we submitted an application for putting up a telecommunication tower in taliparamba municipality and the same has been approved, issuing the building permit which is attached with the petition and referred as no. 2.3. ..... in the light of the provisions contained therein, they have a right to the provisions of telecom regulatory authority act, 1997 and pointed out that the remedy of the aggrieved persons against the establishment of the tower is to move the telecom regulatory authority constituted under the said act.7. ..... 26169/2007 & 6960, 7450, 7476, 10424, 10435, 12904, 22490, 27780 & 30600/2008:15. .....

Krishna Kumar M. Vs. the District Collector and ors.

Court : Kerala

Reported in : 2009(2)KLJ459

..... the three other contentions are; (1) in the absence of challenge to the rules, the learned single judge went wrong in interpreting the rules and declaring that all the members to the district sports council are entitled to participate and vote in the election to the posts of president and vice president, and to the executive committee, (2) the right to vote is conferred only by the rules and not by the act, and (3) it is the district council, which is the body corporate in terms of section 9(1) of the act and that body is entitled to vote and not its members. ..... conduct of election-the election of office-bearers and the standing committee members of the kerala sports council as well as office-bearers and executive committee members of the district sports council, the corporation sports council, the municipal sports council and the village sports council shall be conducted in the manner hereinafter prescribed.it is hence contended that under rule 77, an electoral roll has to be prepared and maintained, the same has to be published as per the time schedule prescribed under those rules. ..... section 2(viii) of the act defines 'member' as 'a member of state sports council or district sports council or corporation sports council or municipal sports council or town sports council or block sports council or village sports council whichever is relevant to the context. ..... state of maharashtra : (2007) 5 s.c.c. .....

Food Corporation of India Vs. State of Kerala and ors.

Court : Kerala

Reported in : 2007(3)KLJ502

..... after referring to the scheme of the act and the relevant provisions in paragraph 17, this court held that the food corporation, though a statutory corporation, is distinct and different from the union government though the union government provided the capital for its working, and though it may be an instrumentality of the state for the purpose of part ie of the constitution. ..... herein: 'section 2(f) establishment includes; v) an establishment including a society registered under the societies registration act 1860 (central act 21 of 1960) or the travancore cochin literary scientific and charitable societies registration act 1955 which carries on any business or trade or work in connection there with or ancillary thereto and which employs or on any working day during the preceding twelve months employed more than 20 persons but does not include an establishment and being a factory of the central government or state government'. ..... the contention of the petitioner, therefore, is that the petitioner corporation being an establishment created by the central government under the food corporation act stands excluded from the definition provided under section 2(f)(v) of the labour welfare fund act. ..... alleppey municipality and ors. ..... angamali municipality 1994 (1) klt 977. .....

Nalini Vs. Deputy Collector

Court : Kerala

Reported in : (2007)213CTR(Ker)601; 2006(4)KarLJ87

..... relevant considerations, specify in this behalf by notification in the official gazette.whether a particular land is an agricultural land or not is to be determined with reference to the definition given in section 2(14)(iii)(a) and (b) of the income tax act and not with reference to the tenure of the land shown in the land revenue ..... being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a), as the central government may, having regard to the extent of and scope for, urbanisation of that area and other ..... not being land situate--(a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year; or(b) in any area within such distance, not .....

A.M. Prabhakaran and ors. Vs. Chithappa Sulaikabi

Court : Kerala

Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)

..... of a deceased tenant, and(ii) a person continuing in possession after the termination of the tenancy in his favour, but does not include a kudikidappukaran as defined in the kerala land reforms act, 1963 (kerala act 1 of 1964), or a person placed in occupation of a building by its tenant, or a person to whom the collection of rents or fees in a public market, cart-stand or slaughter house or of rents for shops has been farmed out or leased by a municipal council, municipal corporation, township committee or panchayat.the act came into force with effect from 1-4-1965. ..... had been living with the tenant in the building as a member of the tenant's family.upto the death of the tenant and a person continuing in possession after the termination of the tenancy in his favour, but does not include a kudikidappukaran as defined in the kerala land reforms act, 1963 (kerala act 1 of 1964), or a person placed in occupation of a building by its tenant or a person to whom the collection of rents or fees in a public market, cart-stand or slaughterhouse or of rents for shops has been framed out or leased by a municipal council or local board .....

General Manager, Telecom District, Trivandrum and ors. Vs. Consumer Di ...

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. .....

M.R. Ajayan Vs. State of Kerala, represented by The Chief Secretary To ...

Court : Kerala

..... it is further pleaded by the trust that the local authorities in exercise of the powers under the kerala municipality act, 1994 (hereinafter referred to as "the 1994 act") cannot kill the stray dogs and the local authorities are bound to follow the 1960 act and the 2001 rules. ..... it is submitted that the kerala municipality act, 1994 (hereinafter referred to as "the 1994 act") requires the secretary to order for seizure and destruction of unlicensed dogs straying in the municipal area which is a statutory obligation required to be fulfilled. ..... the local authorities cannot indiscriminately kill dogs in exercise of the power under the kerala municipality act or the kerala panchayat act, 1994. 6. ..... whether municipalities, corporation and panchayats exercising their power under the kerala municipalities act, 1994 and kerala panchayat raj act, 1994 and the 1998 rules framed thereunder can take a decision to kill a stray dog in their respective areas ? ii. ..... it is pleaded that although the director of animal husbandry on 19.12.2007 has written to all the district level officers to take action to implement the 2001 rules in their respective districts, the said directions have not been complied with. ..... board of management, dayanand college of law and others [(2007) 2 scc 202] wherein it was held that before reaching the conclusion that there is repugnancy arising from conflict, effort should be made to remove the conflict by harmonious construction. 46. .....