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Judgment Search Results Home > Cases Phrase: rationale Court: kerala Year: 1993 Page 1 of about 15 results (0.015 seconds)

Mar 02 1993 (HC)

K. Mohammed Sadique Vs. the Secretary, Regional Transport Authority, K ...

Court : Kerala

Decided on : Mar-02-1993

Reported in : AIR1994Ker1

..... the stage carriage at whose instance variation is sought to be made.' since the petitioner does not fall in either of the only two classes of operators who by the rationale of thomas lucka v. secretary, r.t.a., (1991) 2 ker lt 229 are entitled to personal notice, he is not entitled to receive a personal notice. 11. it is .....

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Jul 26 1993 (HC)

P.V. Balakrishnan Nair Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jul-26-1993

Reported in : AIR1994Ker6

..... for the petitioner called in aid the judgment in robertson v. minister of pensions (1949) 1 kb 227. the circumstances in which the doctrine of estoppel was applied explain the rationale of the judgment. robertson, a colonel in the army suffered a permanent physical disability during the war in 1940. two departments of the government, the war office and the ministry .....

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Jan 12 1993 (HC)

P.C. Thomas and anr. Vs. Laila Beevi

Court : Kerala

Decided on : Jan-12-1993

Reported in : AIR1993Ker335

..... part performance thereof.13. the doctrine of part performance incorporated in section 53a is the importation into india of the equitable doctrine of part performance in the english law. the rationale behind the rule and the purpose for which it was devised by the court of chancery in england have been traced by the supreme court in paragraph 13 of the .....

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Jul 27 1993 (HC)

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

Court : Kerala

Decided on : Jul-27-1993

Reported in : AIR1993Ker342

..... system or has consented to its use. the latter is more applicable where the parties are landlord and tenant, the former where they are adjoining tenants. one can extend both rationales, and say that since everyone uses water from a tap, he shares the whole system and consents to the risk of escape from it in the absence of negligence. the .....

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Feb 18 1993 (HC)

Paulose Vs. State of Kerala

Court : Kerala

Decided on : Feb-18-1993

Reported in : (1993)IILLJ491Ker

mathews p. mathew, j.1. the petitioners in these original petitions are advocates. they challenge the procedure adopted by the 1st respondent-state government for selection of candidates for appointment of presiding officers of the industrial tribunals proposed to be set up at idukki and palghat and seek to set aside the selection. section 7a of the industrial disputes act prescribes the method of appointment and qualifications for the presiding officers of the industrial tribunals as follows-'7a. tribunals (1) the appropriate government may, by notification in the official gazette, constitute one or more industrial tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the second schedule or the third schedule (and for performing such other functions as may be assigned to them under this act).2. a tribunal shall consist of one person only to be appointed by the appropriate government.3. a person shall not be qualified for appointment as the presiding officer of a tribunal unless-(a) he is, or has been, a judge of a high court; or (aa) he has, for a period of not less than three years,been a district judge or an additional district judge.' it is contended on behalf of the petitioner that the 1st respondent, in variance to the earlier practice followed, has sought to fill up the two posts of presiding officers of the industrial tribunals by choosing the candidates from the panel of names respectively furnished by the existing .....

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Jun 17 1993 (HC)

Tharian Joseph Vs. K.P. Viswanathan

Court : Kerala

Decided on : Jun-17-1993

Reported in : 1994CriLJ82

jagannadha rao, c.j.1. this contempt case has been filed on 10-3-1993 by the petitioner, who is a practising advocate, inviting the high court's attention to certain remarks made by the respondent, sri k. p. viswanathan, minister of forests, government of kerala, on 6-3-1993 while inaugurating a seminar on 'agastyavanam' biological park in y.m.c.a. hall at ernakulam. the function was organised by the forest department, kerala government. on the next day, i.e., 7-3-1993, the speech, as recorded by the news-reporters, was published in various newspapers. the 'mathrubhumi', malayalam daily (cochin edition) in its report, ext. p.1, as explained in the contempt petition reported that 'the minister and another person (said to be the mayor of cochin) were having grievance against high court judges, in that several decisions of the high court judges put the forest department to great trouble according to the strong language used by the minister. in spite of deep thinking, he was not able to understand the motive behind these decisions and that what the minister implied was that the decisions contravenes justice'.2. a division bench of this court took up this matter on 12-3-1993 and first thought of verifying what exactly the minister said. the learned advocate general was to verify the particulars and file a statement as per rule 9 of the contempt of court rules. thereafter, the required statement signed by the addl. advocate general, shri. beeran, was filed on 1-4-1993. then the .....

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Aug 13 1993 (HC)

P. Cherriyakoya Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Aug-13-1993

Reported in : AIR1994Ker27

orderk.g. balakrishnan, j.1. petitioner in o. p. 10248 of 1991 is a resident of kavarathi island in lakeshadweep islands. petitioner in o. p. 8653/93 is the president of an association in kavarathi. in the year 1972, a college by names jawaharlal nehru college was established at kavarathi, which is the capital of the group of lakshadweep islands. according to the petitioners, for the establishment of this college the people of the locality had given liberal contribution of money and land and this college became a full-fledged educational institution with library, laboratory, hostal and playgrounds. according to the petitioners, kavarathi island is a centrally located island having easy access to the persons of other islands and most of the students studying in this college hail from kavarathi island and many of them are children of the employees working in the administration. the petitioners further allege that the administrator of the lakshadweep island due to extraneous pressure by some powerful persons decided to shift the college from kavarathi to kadamat. petitioners contend that the kadamat is an inaccessible island in most of the seasons especially during heavy monsoon and it is an unhealthy area with large incidence of leprosy and there is also scarcity of drinking water. petitioners allege that administration is taking hurried steps to shift the college to kadamat. petitioners made various representations to the administrator not to shift the college to kadamat. .....

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Mar 16 1993 (HC)

Niyamavedi and Etc. Etc. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Mar-16-1993

Reported in : AIR1993Ker262

orderm.m. pareed pillay, j.1. petitioner 'niyamavedi, kal-vathy, kochi' has filed o. p. 752/1992 challenging the action of the first respondent to establish a biological park in 'agasthyava-nam'. the original petition has been filed as a public interest litigation.2. original petitions 2865/1992,9741/ 1992 and 8905/1992 were also filed for identical reliefs. in o.p. 8905/1992 apart from similar contentions taken in the other original petitions there is an additional contentiop against the acquisition of petitioners' rubber plantation under the land acquisition act. 3. petitioners contend that the proposed project for biological park would result in denudation of forest in the state of kerala, that it would amount to violation of forest conservation act, that central government's consent has not been obtained for the project and that if the project materialises it would pose threat to the environment and ecology. it is contended by them that the forest wealth in the state is considerably depleted on account of the callous attitude of the government and as there is likelihood of thousands of valuable trees being out and removed under the guise of the project prompt judicial action is called for. according to the petitioners, the project report does not give details of what all things to be done preclude to the establishment of the park and as no independent expert committee has considered the viability or feasibility of the project, any hasty steps in that regard have to be .....

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May 31 1993 (HC)

A Convict Prisoner in the Central Prison Vs. State of Kerala

Court : Kerala

Decided on : May-31-1993

Reported in : 1993CriLJ3242

orderchettur sankaran nair, j.1. this case was registered on the basis of a petition sent to this court, by a convict prisoner lodged in the thiruvanan-thapuram central jail. he remains like many others - a nameless face in the pageant. according to him, the conditions prevailing in the prison where he is detained and in other prisons as well, are sub-human and have a trigger effect on crime and vice. he submits that some convicts enjoy the liberty to do what they like, making others feel indignant and rebellious. they get money through silent conduits in the jail and also narcotic drugs. often, the money is sent by criminals trained by them, who have served their term and gone out. some jail officials connive with the prisoners. the case of one 's.s.' who in league with two prison officials (since dismissed) committed robberies is pointed out. another life convict 'm' who associated himself with habitual offenders committed an idol theft while on parole adds petitioner. some of the habitual offenders sent to the viyyur jail find their way back to trivandrum and other prisons, and their association turns first offenders into hard core criminals, according to petitioner. this will defeat chances of reformation, which is one concern of law. homosexuality and other forms of physical assaults are rampant in the prison. petitioner refers to the names of certain prisoners, who rule the roost. an overlord - vassal system prevails in prisons, says he. petitioner prays that remedial .....

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Mar 25 1993 (HC)

K.J. Luka Vs. State of Kerala and ors.

Court : Kerala

Decided on : Mar-25-1993

Reported in : (1994)ILLJ1244Ker

orderp.k. shamsuddin, j.1. the petitioner in o.p. 6619/89 was a workshop foreman and that post comes under kerala technical education subordinate service. thereafter, the petitioner was appointed by transfer to the category of workshop superintendent of the polytechnic which is the post falling under the kerala technical education service. by ext. p-1 proceedings, the provisional appointment of the petitioner was regularised with effect from september 2,1967. the scale of pay of workshop superintendent in polytechnic is rs. 750-1450 (pre-revised) and the pay of the petitioner was fixed in the minimum of the scale on rs. 750-1450. in the final gradation list as on december 31, 1979 published in the kerala gazette no. 45 dated november 13, 1984, the petitioner was assigned rank no. 6. serial numbers 3,4 and 5 in that list are direct recruits.2. govt. issued ext. p-3 g.o. (ms) no. 439/79/fad dated august 1, 1979 allowing the benefit of a higher grade with effect from april 1, 1979 to all non-gazetted officers who remain in the entry grade, without promotion in the normal course, on completion of 13 years of service in the entry grade. the benefit of higher grade allowed to non- gazetted officers was extended to gazetted officers also from july 1, 1979 as per g.o. (p)901/79/(116)/fin dated october 3, 1979. subsequently, detailed instructions for implementation of the above orders were issued. ext. p-4 is the detailed instruction dated november 27, 1979. government subsequently .....

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