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2014 ICO 1699 - A. Limitation Act, 1963 – Article 58 & 64 – Recovery of possession and declaration – Where the reliefs of recovery of possession and declaration are closely connected and when the declaratory relief is found barred by limitation, relief of recovery of possession can be granted if the relief is an independent substantive right. (Paras 13 & 14) B. Limitation Act, 1963 – Article 64, 65, 66 & 67 – When plaintiff is entitled to claim the same relief on several grounds and the claim is barred on one or more of such grounds, but is not barred on [High Court of Kerala] read more...
2014 ICO 1703 - A. Kerala Co-operative Societies Act, 1969 – Sections 110 & 110(2) and Interpretation of Statutes – The provisions of S.R.O. No.75/60 will have to be generally followed to the extent permissible under the Act. A provision of the notification issued under the repealed Act, which is at variance or inconsistent with the provisions of the present Act, is not saved by S.110(2). (Paras 10 & 13) B. Kerala Co-operative Societies Act, 1969 – Sections 40(1)(a) & 110(2) and S.R.O. No.75/1960 dated 8.10.1960 – S.R.O. No.75/60 should be [High Court of Kerala] read more...
2014 ICO 1727 - Constitution of India, 1950 – Article 51 A and Prevention of Insults to National Honour Act, 1971 – Section 2 – Every citizen of India is duty bound to respect and honour the Constitution of India, National Anthem and the National Flag. Any act of disrespect or contempt in breach of the said duty committed by a citizen will amount to an offence punishable under S.2 of the Prevention of Insults to National Honour Act. (Para 2) [High Court of Kerala] read more...
2014 ICO 1702 - A. Kerala Motor Vehicles Taxation Act, 1976 – Sections 3, 5, 6 & 22 and Kerala Motor Vehicles Taxation Rules, 1975 – Rules 10 & 15 – Exemption from motor vehicle tax in respect of vehicles that are in the custody of police or other authorities – Explained. Held: (i). In cases where the vehicle is held in the custody of the police or other authorities for non-payment of tax due under the Act, a claim for exemption from payment of tax for the period during which the vehicle is in such custody can be made only in terms [High Court of Kerala] read more...
2014 ICO 1726 - Limitation Act, 1963 – Article 64 – Adverse possession – Possession is never considered adverse, if it can be referred to a lawful title. Mere non-participation in the profits of the property by one co-owner and exclusive possession by the other will not be sufficient to constitute adverse possession and ouster by the latter. (Para 12) [High Court of Kerala] read more...
2014 ICO 1723 - A. Industrial Disputes Act, 1947 – Section 17B – Closure of the establishment – Liability to pay the last drawn wages to the workman – An employer is not obliged to pay the last drawn wages to the workman after the closure of the establishment. Disagreed with the reasoning in the conclusion arrived at by the Division Bench in Bhaskaran v. Janardhanan Pillai (1988 (2) KLT 695 :: 1988 (2) KLJ 680). (Para 12) B. Industrial Disputes Act, 1947 – Section 17B – If the workmen lose their right to continue in employment during the pendency of the proceedings [High Court of Kerala] read more...
2014 ICO 1729 - A. Constitution of India, 1950 – Article 226 – Revaluation of answer sheets – Kerala Judicial Service Examination – In the absence of any provision for revaluation of answer sheets in the relevant rules, no candidate in an examination has any right whatsoever to claim or ask for a revaluation of his answer sheets. (Para 7) B. Constitution of India, 1950 – Article 226 – Revaluation of answer sheets – Kerala Judicial Service Examination – Perceptional change in the assessment cannot be reckoned as negligence to order revaluation. Negligence justifying interference by the Court to order revaluation shall be [High Court of Kerala] read more...
2014 ICO 1588 - A. Kerala Land Assignment Act, 1960 – Section 7 – The Kerala Land Assignment Assignment Rules do not give any preference to assignment for industrial purpose. (Para 9) B. Kerala Land Assignment Act, 1960 – Section 7 and Kerala Land Assignment Rules, 1964 – Rules 2(d) & 23 – Acquisition of land for establishing Machine Tool Factory an acquisition for the purpose of industrial development of an area in the context of R.2(d) of the Land Assignment Rules. The mere fact that no restriction was made or that no land value was realized does not take the assignment [High Court of Kerala] read more...
2014 ICO 1721 - Foreigners Act, 1946 – Section 14(b) and Registration of Foreigners Act, 1939 – Section 5 – Prosecution initiated against a foreigner for attending a meeting organized by a political faction belonging to a radical group – Held: Attending a meeting is not prohibited under the 1946 Act or the 1939 Act or the rules made thereunder. (Para 4, 8 & 9) [High Court of Kerala] read more...
2014 ICO 1710 - Service – Regularisation of empanelled drivers – Once a person has completed 10 years by the time of issuance of Government Order dated 22.12.2011, notwithstanding his making an application subsequently, his right to be regularised in terms of the Government Order cannot be defeated. (Para 27) [High Court of Kerala] read more...
The Kerala Court Fees and Suits Valuation (Amendment) Act, 2008.
The National Food Security Act,
The Companies Act,
The Companies (Amendment) Act, 1996 .
The Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Amendment Rules,
The Central University Act,2009.
The Representation of the People (Miscellaneous Provisions) Act, 1956.
The Exchange of Prisoners Act,
The Protection of Civil Rights Act,1955.
The Identification of Prisoners Act,
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