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Judgment Search Results Home > Cases Phrase: rationale Court: kerala Year: 2005 Page 1 of about 28 results (0.034 seconds)

Sep 05 2005 (HC)

Raju Vs. Chacko

Court : Kerala

Decided on : Sep-05-2005

Reported in : 2005(4)KLT197

..... triggered. it is not every distant member of the family who can justify such improper triggering. they must be sufficiently close and proximate to the deceased. this is the statutory rationale underlying section 499 of the ipc and explanation-i. therefore, according to me, the expressions 'family or other near relative' must receive a stricter and narrower construction. judicial interpretation of ..... , tranquility, law and order in society and anything which is likely to threaten them and result in breach of peace is made actionable under the criminal law. this rationale underlies explanation-i of section 499 ipc also. any person may get triggered to commit offences and thus cause breach of the peace if a deceased member of his family ..... felt that defamation of a deceased person can legitimately give rise to a criminal prosecution for the offence of defamation against a deceased person. it is easy to understand the rationale behind the law. defamation is made punishable as a crime only because of the potential of such offence to endanger law and order. the criminal law endeavours to maintain peace .....

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Nov 15 2005 (HC)

Balasubramanyan Vs. State of Kerala

Court : Kerala

Decided on : Nov-15-2005

Reported in : 2005(4)KLT882

..... an election petition is filed the parties prove their contentions by producing the relevant evidence. the court or the prescribed authority proceeds in accordance with the prescribed procedure. the basic rationale in all these decisions is that the disputed questions of fact cannot normally be settled in proceedings under article 226 of the constitution. the counsel for the petitioner has not ..... disputed the rationale of the view taken in the above cases. however, these decisions cannot be read as laying down an absolute bar on the high court to examine a matter in the .....

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Feb 10 2005 (HC)

K.R. Alloy's Ltd. Vs. State of Kerala

Court : Kerala

Decided on : Feb-10-2005

Reported in : 2005(2)KLT177

..... the electricity board, respondents are not justified in imposing power cut and not extending the benefit of pre-1992 tariff for the entire period. counsel submitted that there is no rationale in restricting the eligibility for the period when there was 5% or more power cut. counsel submitted that the benefit be made uniformly applicable irrespective of the fact whether the ..... power cut is 50% more or less than 50%. counsel submitted that there is no rationale in fixing 50% as the cut of limit. counsel also submitted that there is no justification in imposing heavy interest. referring to section 2(c) of the interest act, counsel .....

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Jul 19 2005 (HC)

Krishnadas Vs. Sree Sankaracharya University of Sanskrit

Court : Kerala

Decided on : Jul-19-2005

Reported in : 2005(3)KLT908

..... kerala, whereas for the higher posts in the hierarchy, state and central government employees in the same grade/post can also be appointed by deputation. i do not see any rationale in such differentiation.19. further, when the minimum qualification prescribed for assistant grade ii can be adopted for section officer for direct recruitment, it is incomprehensible as to why the .....

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Apr 08 2005 (HC)

George Vs. State of Kerala

Court : Kerala

Decided on : Apr-08-2005

Reported in : 2005(2)KLT717

..... contract carriages as well as stage carriages, the passengers are transported for hire or reward. this also has relevance in appreciating the contention advanced by the state government indicating the rationale behind the classification between the contract carriages and other public service vehicles, for the purpose of making the impugned rule. contrasting the definition of a 'public service vehicle' as contained .....

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Dec 23 2005 (HC)

Indian Bank Vs. Ernakulam District H.G.M.T. Co-op. Society Ltd.

Court : Kerala

Decided on : Dec-23-2005

Reported in : AIR2006Ker154; III(2007)BC7; [2006]131CompCas232(Ker); 2006(1)KLT479

..... and bar of jurisdiction, did intend to treat dissimilarly suits and proceedings before the other authorities for the purpose of transfer of cases? there appears hardly any valid reason or rationale for such dissimilar treatment by excluding other authorities from the purview of automatic transfer of cases. no purpose also could be seen for such dissimilar treatment. therefore, it is possible .....

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Mar 16 2005 (HC)

U.B.C. Vs. Govarthanam

Court : Kerala

Decided on : Mar-16-2005

Reported in : [2005]127CompCas506(Ker); 2005(2)KLT461

..... conferred under articles 226 and 227 of the constitution of india as also the power under section 482 crl.p.c. can be exercised, as situation demands. this is the rationale and logical basis for us to hold that the writ petition filed to quash the proceedings of the criminal court at erode need not be entertained by this court. that .....

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Nov 11 2005 (HC)

Kamalasanan Vs. State of Kerala

Court : Kerala

Decided on : Nov-11-2005

Reported in : 2006(1)KLT380

..... the purpose for which the mandatory stipulation is made. prevention of the abuse of the power of search under section 42 of the n.d.p.s. act is the rationale behind the mandatory stipulation under sections 42(1) and 42(2) of the n.d.p.s. act. persons in authority superior to the officer concerned must have access to .....

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Feb 07 2005 (HC)

Annamma Vs. State of Kerala

Court : Kerala

Decided on : Feb-07-2005

Reported in : 2005(2)KLT254

..... . 341/99/g.edn. dt. 30.12.1999 is an interim measure, consciously made by the government after adverting to and considering all relevant matters. there is no reason or rationale to come to any conclusion to the contrary.8. thus, by the aforesaid ext.p3 government order dated 30.12.1999, appointments for the years 1999-2000 and 2000-2001 .....

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Nov 11 2005 (HC)

Shasthri Nagar Colony Welfare Committee Vs. Calicut Development Author ...

Court : Kerala

Decided on : Nov-11-2005

Reported in : AIR2006Ker46; 2006(1)KLT294

k. balakrishnan nair, j.w.p.(c) 23174/20051. the petitioner, an association of the residents of shastri nagar colony, near eranhipalam in kozhikode, has filed this writ petition, feeling aggrieved by the steps taken by the 1st respondent calicut development authority, to sell 58 cents of open space in that colony, to the lakshadweep administration. the brief facts of the case are the following:2. the 1st respondent acquired 13.09 acres of land and developed it into a housing colony and the members of the association were sold plots, having various extents, as per ext.p3 and similar sale deeds. in the said colony, two plots have been set apart as open spaces, having an extent of 42 cents and 58 cents respectively. ext.p2, the approved lay out plan of the colony, would show that they are meant for parks, play ground and nursery school. the open space on the eastern side, which was set apart for parks and nursery school, is now presently used as a basket-ball court and play ground for children. the said plot is proposed to be sold to the lakshadweep administration. the petitioner submits, as per ext.p3 sale deed, its members also paid the proportionate value of the area set apart for parks, roads etc. the relevant portion of the said deed which states that the land value was fixed, taking into account the areas set apart for roads, drain, parks etc., reads as follows:whereas the vendor authority had to set apart about 50% of the acquired land exclusively for roads, drains, parks .....

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