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Judgment Search Results Home > Cases Phrase: rationale Court: kerala Year: 2007 Page 1 of about 13 results (0.013 seconds)

Feb 14 2007 (HC)

Sabu George S/O. George Vs. the Home Secretary and P.K. Ravi

Court : Kerala

Decided on : Feb-14-2007

Reported in : 2007CriLJ1865

..... 320(1) only speaks of composition without any fetters or limitations about time and stage, section 320(9) cannot be held to fetter the powers in such situations.23. the rationale underlying section 482 cr.p.c. is that the interests of justice may at times transcend the interests of mere law. in the peculiar facts and circumstances of a given ..... legally compounded.20. a full bench of this court had looked at the sweep of the powers under section 482 cr.p.c., though in a different context, and the rationale underlying in section 482 cr.p.c. is expressed by the full bench in the following words in moosa v. sub inspector of police : 2006(1)klt552 :no legislative enactment ..... pending trial, appeal and revision is perfectly possible and the language of section 320(5) and (6) cr.p.c. make the position crystal clear. the obvious purpose and the rationale underlying section 320(5) and (6), it appears to me, is only that during the pendency of the proceedings composition of even an offence under section 320(1) should not .....

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Jan 22 2007 (HC)

Regional Transport Officer Vs. K.V. Abdurahiman

Court : Kerala

Decided on : Jan-22-2007

Reported in : AIR2007Ker140; 2008(1)KarLJ268;

..... that a levy of tax is contemplated only on the vehicles that are used or kept for the use on the public roads of the state.this decision explains the rationale behind the provisions relating to exemption and refund in respect of tax under the act.10. let us examine the scope of section 5 keeping in mind the above decision .....

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Dec 07 2007 (HC)

G. Raman Nair Vs. State of Kerala and ors.

Court : Kerala

Decided on : Dec-07-2007

Reported in : AIR2008Ker96; 2008(2)KLT416

..... wound religious feelings of godly and therefore shall not be attempted by a secular government oath taking is not a formality, it is a sacrosanct act and we find no rationale in insisting that a person professing hindu religious rites and is a believer of god and temple worship to swear and make such an affirmation before an officer of a .....

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Feb 20 2007 (HC)

Alex and ors. Vs. State of Kerala and anr.

Court : Kerala

Decided on : Feb-20-2007

Reported in : 2007CriLJ2835; 2007(1)KLJ616

..... ipso facto lead to premature termination of proceedings. a division bench of this court in thankamma v. state of kerala : 2006(3)klt846 has made that position very clear. the rationale underlying the decision in b.s. joshy v. state of haryana : 2003crilj2028 is that the interests of justice may in a rare and peculiar case transcend the interests of mere .....

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Dec 18 2007 (HC)

BerIn P. Varghese and ors. Vs. State of Kerala

Court : Kerala

Decided on : Dec-18-2007

Reported in : 2008CriLJ1759; 2008(I)KLJ227; 2008(1)KLT317

..... by law. under section 309 i.p.c. attempt to commit suicide is punishable with imprisonment for a period of one year or with fine or with both. borrowing the rationale of section 511 i.p.c. commission of suicide must hence be deemed to be an offence, which must have been punishable with imprisonment for a period of two years .....

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Jun 07 2007 (HC)

Kerala Self-financing Engineering College Managements Association Rep. ...

Court : Kerala

Decided on : Jun-07-2007

Reported in : AIR2007Ker220

..... as to eligibility and qualification. further it was also pointed out that the private unaided colleges have the right to admit students of their choice subject to an objective and rationale procedure of selection. admission supervisory committee however, passed an order dated 21-3-2007 stating that in order to determine the merit of the candidates there is a recognised state .....

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Jan 23 2007 (HC)

Mathew Joseph Vs. Janaki

Court : Kerala

Decided on : Jan-23-2007

Reported in : II(2007)ACC140; 2007ACJ912; AIR2007Ker117

..... of the goods or his authorised representative travelling in the goods vehicle, parliament has now made it clear that such a construction is no longer possible. the scope of this rationale does not, however, extend to cover the class of cases where gratuitous passengers for whom no insurance policy was envisaged, and for whom no insurance premium was paid, employ the .....

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Feb 27 2007 (HC)

Sulochana and anr. Vs. Kuttappan and ors.

Court : Kerala

Decided on : Feb-27-2007

Reported in : 2007CriLJ2057

..... appealed against, must certainly and alertly consider all the circumstances and then only grant interim orders of suspension. not to do so, would be to do violence to the statutory rationale underlying a welfare statute enacted by the parliament. i am in agreement with the learned counsel for the petitioner that great care and caution must be applied before granting ex .....

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Sep 14 2007 (HC)

Queen Mary Public School Vs. State of Kerala and the Principal Officer

Court : Kerala

Decided on : Sep-14-2007

Reported in : 2008(1)KarLJ451; 2007(4)KLT206

a.k. basheer, j.1. the short but important question that has been raised in this bunch of writ petitions is whether the government of kerala is justified in taking the decision not to issue no objection certificate for affiliation to central board of secondary education to private unaided schools in the entire state, barring 5 districts namely kasaragod, kannur, kozhikode, wayanad and malappuram and that too only in certain areas of those districts where extreme educational backwardness among the members of a particular religious community persists.2. in the nature of the commonality of the issue, it may not be necessary to refer to the individual grievances of the petitioners as highlighted by them in their respective writ petitions. but the identical grievance is that the applications submitted by the petitioners for grant of no objection certificate for affiliation are being refused to be considered by the government in the light of its order (g.o(p) 107/07/g.edn) dated june 13, 2007. it is contended by the petitioners that the government cannot, in the guise of policy, refuse to grant no objection certificate for affiliation by issuing such a blanket order of prohibition to the schools in majority of the districts in the state, while granting the benefit to the applicants from only a handful of districts and that too restricting it to certain areas where educational backwardness allegedly persists in respect of a particular religious community.3. in this context it is .....

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Oct 31 2007 (HC)

Komalan Vs. State of Kerala and ors.

Court : Kerala

Decided on : Oct-31-2007

Reported in : 2008(1)KLJ488

r. basant, j.1. are the amendments to rule 2(n) and rule 9(2) of the kerala abkari shops disposal rules, 2002 (for short 'the rules') brought in by ext. p3 notification consequent to the decision of the supreme court in state of kerala v. unni 2007 (1) klt 151 and the later notification - ext. p4, legal valid and constitutional? do they and the consequent prosecutions initiated against the petitioners herein deserve to be quashed? these are the questions that arise for consideration in these proceedings.2. to the crucial and vital facts first. the petitioners are allegedly the licensees and their employees of toddy shops. they face prosecutions for offences punishable, inter alia, under section 57(a) and 56(b) of the kerala abkari act (for short 'the act'). the crux of the allegations raised against them is that toddy which was allegedly kept in their premises for sale was found to contain ethyl alcohol in excess of 8.1 %. the prosecution alleges that the ethyl alcohol present in excess of 8.1 % in toddy is not a natural ingredient of toddy and is a foreign ingredient and that the same enhances the intoxicating quality of toddy kept in their possession for sale by the petitioners. it is further alleged that this amounts to violation of the conditions of licence issued to the petitioners for sale of toddy.3. the definition of 'the concept of law' has been a vexing problem of jurisprudence. it may be safe to understand law as a set of rules of human behaviour and conduct, which .....

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