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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: kerala Page 1 of about 5,059 results (0.060 seconds)

Feb 11 1960 (HC)

Francis Vs. State of Kerala and anr.

Court : Kerala

Reported in : (1960)IILLJ407Ker

..... considered the case of an honorary magistrate to be an a fortiori case, while deciding that a special constable recruited temporarily under the calcutta suburban police act, 1866, can be deemed to be holding a 'civil post' within the meaning of article 311. i therefore come to the conclusion, that the petitioner was holding a 'civil post.'4. ..... having to vacate office, the term of which had expired already, as by the imputation which this punishment has cast upon him. employing the language of bose, j., in the calcutta case cited:removal...from the office.may have the effect of casting a slur on the character of the officer concerned or may affect him materially in respect of any .....

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Oct 08 2014 (HC)

The Oriental Insurance Co. Ltd. Vs. Sunil Prasad, S/O.Omana

Court : Kerala

..... in a private car and there was no insurance coverage for them and it is not liable to pay the compensation. the learned tribunal found that the policy was an 'act only policy' but the appellant had collected extra premium and the gratuitous passengers were covered by the insurance policy. this finding is assailed in these appeals.2. heard.3. the ..... only question that arises for consideration is the liability of the appellant in paying the compensation to the 1st respondent. there is no dispute that the policy was an 'act only policy'. the following observation is seen in the award passed by the tribunal: "it is true that ext.b1 was a liability only policy. but ext.b1 shows that .....

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Sep 23 1991 (HC)

State of Kerala and Etc. Etc. Vs. K.U. Narayana Poduval and Etc. Etc.

Court : Kerala

Reported in : AIR1992Ker152

..... and the right of renewal is automatic and there is no discretion vested in the government to restrict the right only to two renewals.4. the calcutta high court had occasion to deal in j. j. lahiri v. state, air 1985 cal 140 with a situation where the government took an ..... nutrient. the learned judge considered various decisions in relation to the position of notaries and also the judgment of p. b. mukerji, j. of the calcutta high court in in re k.k. ray (private) limited, air 1967 cal 636. having construed section 5(2) as mandatory, the learned judge allowed ..... any policy decision to introduce such disqualification in view of the express provisions in the act and the rules. we respectively agree with the above view expressed by the calcutta high court. we accordingly hold that unless the act itself is amended, it would not be possible for the government to contend that ..... exercise of the powers is conditioned by the statutory provision and the government, the learned judge held, has to function within the framework of the act and rules. policy considerations are already taken care of the when parliament passed the law. the learned judge observed that the state government cannot therefore ..... there is a residuary discretion given to it under the act or under the rules, the only remedy for the .....

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Oct 21 2008 (HC)

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

Court : Kerala

Reported in : 2008(3)KLJ672

..... providing mobile phone service will undertake to abide by the aforementioned guidelines. the learned counsel relief on sub-sections (b) and(c) of section 29 of the kerala police act and submitted that the police have a duty to prevent commission of cognizable offences and also to preserve peace. he referred to rule 158 of the kerala municipality building rules and submitted that ..... sustained which is set aside accordingly.thus, the hon'ble supreme court has condemned the entertaining of 'police protection original suits'.9. as pointed but by the learned counsel for the petitioner, the police have a duty under section 29(b) of the kerala police act to prevent commission of cognizable offences. they are to collect and communicate to the best of their ability ..... p2 petition. it is true that under chapter v, section 29(b) and (g) of the police act, a statutory duty is imposed on respondents 1 and 2 to keep law and order and to afford sufficient police protection. the statutory duty so cast on the police authorities can be enforced by civil action in ordinary courts also. ordinarily, the persons aggrieved should resort ..... to the construction of the tower. the same cannot be described as commission of a cognizable offence, warranting interference from the part of the police. but, the objection may turn into situations, which may cause commission of acts amounting to cognizable offences like wrongful restraint (section 341 i.p.c.), criminal trespass (section 447 i.p.c.), etc. in that event, .....

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Mar 13 2009 (HC)

The University of Calicut Vs. the Director, Amala Institute of Medical ...

Court : Kerala

Reported in : 2009(1)KLJ820

..... professional colleges or institutions (prohibition of capitation fee, regulation of admission, fixation of non-exploitative fee and other measures to ensure equity and excellence in professional education) act, 2006 (act 19/2006) provided for a different form of selection of students for admission in professional colleges. now, the said section has been struck down by this court in ..... colleges including medical colleges, were governed by section 3 of the kerala self financing professional colleges (prohibition of capitation fees and procedure for admission and fixation of fees) act, 2004 (act 17/2004). according to the said provision, notwithstanding anything contained in any other law, the method under section 3 for admission of students was to prevail. the ..... other conditions provided under statute 9 includes an unconditional undertaking from the part of the educational agency/management to the university to carryout faithfully, the provisions of the university act, statutes, from time to time. statute 12 deals with the grant of conditional affiliation. as per that statute, provisional affiliation can be granted for a specified period, ..... action.9. feeling aggrieved by the judgment of the learned single judge, this writ appeal is filed by the university, mainly, raising the following grounds: the university act or the statutes framed thereunder do not provide that if the application for affiliation of an educational institution is not processed within a time-frame, it shall be taken .....

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Sep 19 2006 (HC)

Ernakulam District Private Bus Operators Association Vs. State of Kera ...

Court : Kerala

Reported in : AIR2007Ker52; 2006(4)KLT531

..... right to collect the fees from the vehicles to contractors and one such contractor filed w.p.(c) no. 31156 of 2005 for getting assistance of police for collecting the fees. three categories are involved in these cases. (1) private buses starting or ending their services within kochi corporation limits (2 ..... fees imposed by the corporation. before going to the other matters, we will consider the relevant statutory provisions.3. section 472 of the kerala municipality act reads as follows:472. provision of public cart stands etc.-(1) a municipality may, subject to such (guidelines) as the government may issue in ..... for the taking up and setting down of passengers.it is the contention of the corporation as well as contractors that authorization under the municipality act to collect fees by the corporation is not only from the bus stands but also from the halting places.'vandi pettas' mentioned in the ..... to collect fees from buses passing through it. various services rendered by the corporation justify collection of fees.4. under section 472 of the municipality act, the municipality is entitled to construct or provide cart stands, halting places and public landing places and may levy fees for the use of the ..... fees if the buses are not bound to touch those bus stands (cart stands) or declared halting places under section 117 of the motor vehicles act. corporation cannot collect fees if buses are not allowed to halt but only to stop for picking up or getting down of passengers like kacheripadi .....

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Sep 25 2015 (HC)

Marykutty Daniel and Another Vs. State of Kerala represented by The Pu ...

Court : Kerala

..... it is admitted case of the respondents that m/s. popular finance has secured valid licence under the kerala money lenders act and further that the only allegation raised by the police against m/s.popular traders is that they are collecting deposits from the public and that there are no allegations that m ..... for granting gold loans to the public and it is in violation of section 45s of the reserve bank of india act, 1934. an enquiry was duly conducted through a deputy superintendent of police, economic offences wing-i of the state crime branch cid, which reveals that even though popular finance and popular traders ..... longer legally tenable or sustainable. on that limited ground alone, the offence of section 45 s of the rbi act included in the impugned annexure -a1 fir in crime no.1139/2014 of konni police station is liable to be quashed and accordingly the same stands quashed. 10. however, the issue as to whether ..... it has been held that since the ingredients of the offence under sec. 138 of the negotiable instruments act and that under sec.420 of the ipc are distinct, there is no bar on the police from investigating the crime for the offence under sec.420 of the ipc which is in respect of a ..... for offences under secs. 3(2) r/w secs. 17 and 18 of the kerala money lenders act and sec. 45s of the rbi act 1934. that during preliminary investigation conducted by the sub inspector of police, konni, it has been revealed that popular finance has 269 branches all over india along with its sister .....

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Jul 28 1997 (HC)

Peoples Council for Social Justice, Ernakulam Vs. State of Kerala and ...

Court : Kerala

Reported in : AIR1997Ker309

..... from entering any public place or direct in which direction the processionists shall go.16. learned advocate-general submitted that there are sufficient provisions in the criminal procedure code and in the police act to regulate public procession and all steps are taken by the authorities. it is submitted that in certain cases the processionists carry lengthy banners that occupy almost all the tarred ..... shall be allowed to obstruct the road completely so that it would be impossible for others to use the road. under section 19(iii) of the police act it is the duty of the police to prevent obstruction on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of public worship, and ..... a term which may extend to five years and with fine.15. the grievance of the petitioners is that in spite of the powers conferred on the police under section 19 of the kerala police act no effective steps are being made to control processions and marches along the highway. it is contended by the petitioners that on many occasions demonstrations and processions ..... and public processions and demonstrations are continued causing great inconvenience to the public.17. in the light of the provisions contained in the kerala police act under section 19, the government could have issued strict instructions to the police regarding the manner in which processions and demonstrations are to be conducted. it is a fact that in the absence of specific direction .....

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Jul 27 1993 (HC)

Balak Glass Emporium Vs. United India Insurance Co. Ltd. and ors.

Court : Kerala

Reported in : AIR1993Ker342

..... the subsequent decisions on the point have categorised many more defences than what was mentioned in rylands v. fletcher viz. consent of plaintiff, common benefit, act of stranger etc. the case at hand is one falling under the exception 'consent of plaintiff. 'the main application of the principle of implied consent ..... , the principle laid down in rylands v. fletcher applied, and the defendants were liable to the plaintiffs in damages and need not prove specific acts of negligence by the plaintiffs on each occasion. 12. for the reason that the facts are dissimilar, the said decision cannot be applied to ..... was closed in the night, the water tap was deliberately left open to cause mischief and the entire incident was the result of the intentional acts of joseph. 4. the articles kept in the plaintiffs shop had insurance coverage with the first defendant, united india insurance company. a claim ..... . learned counsel for the insurance company seeks support from the purported report of the police which was marked as ext. b10. the occurrence was reported by the plaintiff to the police. it is said that the police have made an investigation into the matter. ext. b10 copy of the enquiry report ..... of the police was marked through the plaintiff. according to the plaintiff, he got the report from the police because, the insurance people wanted that .....

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Oct 10 1960 (HC)

Sarojini Amma Vs. Neelakanta Pillai

Court : Kerala

Reported in : AIR1961Ker126

..... -section (6) of section 39, insurance act does not say that the amount secured by the policy shall belong to such nominee, but uses the words 'shall be payable' to such nominee.' we arc ..... is not the owner of the moneys, he has only the right to collect the moneys.''in my view sub-section (6) of section 39, insurance act does no more than make the nominee a receiver to receive the moneys from the insurance policy without deciding the question of title. the language used in sub ..... by the appellants. it is also agreed that the effect of the nomination will depend solely on the true scope and meaning of section 39 of the insurance act, 1938.5. sub-section (1) of section 39 (omitting the proviso thereto which is not material) reads as follows :'the holder of a policy of ..... the death of the assured intestate and they and the 2nd defendant are entitled to share the amountequally under sections 11 and 12 of the travancore nayar act, ii of 1100. it is common ground that if the nomination by itself did not give the 1st respondent a right to appropriate the amount for ..... 8. both the above decisions also dealt with the married women's property act, 1874. we are not concerned with that act and any discussion of that act or sub-section (7) of section 39 of the insurance act, 1938, in which reference to that act is made is unnecessary for the decision of the appeal before us.9 .....

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