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Judgment Search Results Home > Cases Phrase: rationale Court: kerala Year: 2009 Page 1 of about 18 results (0.019 seconds)

Nov 12 2009 (HC)

AshA. P. D/O K. Ponnamma Vs. State of Kerala Rep. by Secretary and ors ...

Court : Kerala

Decided on : Nov-12-2009

..... prescribe the minimum and maximum age, it may not be open to the writ petitioners to impugn their elimination. it is pointed out that the petitioners do not question the rationale of the amendment. he pointed out that there is a background to the lis and it essentially consisted of the felt necessity to vitalise the judiciary and the perceived distinction ..... that the said principle may not be available to a judicial post. apart from the fact that the applicability of the doctrine must be decided on the basis of the rationale behind the doctrine and there is nothing to detract from the universality of its sweep, we also agree with the petitioners that any deviation from the law laid down by .....

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Mar 05 2009 (HC)

State Bank's Staff Union and Ors. Vs. State Bank of India and Ors.

Court : Kerala

Decided on : Mar-05-2009

Reported in : 2009(2)KLJ497

..... /b2 localities. the commission is recommending adequate revised rates of hra and transport allowance separately. consequently, no rationale exists for continued payment of city compensatory allowance. rates of transport allowance are being increased substantially and will subsume the element of cca. accordingly, the commission recommends abolition of city ..... particular region/city. the commission also notes that, apart from the problems of housing and transportation, larger cities and town have much better facilities than smaller places. as such, no rationale may now exist for compensating any other factor other than accommodation and transportation in order to meet the high cost of living in large cities designated as a1/a/bi .....

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Mar 05 2009 (HC)

Alagadurai Vs. P. Immanuel Nasa JustIn and ors.

Court : Kerala

Decided on : Mar-05-2009

Reported in : 2010ACJ184; 2009(2)KLJ17

..... ii cannot persuade the functionaries under the w.c. act to take the view that no total disablement has at all resulted. that is the only way to understand the rationale and the dictum in the two decisions. to us, it appears that the decision in pratap narain singh deo clearly implies this proposition of law; and there cannot be any ..... doubt on the understanding of the rationale of the dictum. the last trace of such doubt, if any, as to what the ratio in pratap narain singh deo is and how it is to be applied is .....

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Jul 28 2009 (HC)

Anandan K. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jul-28-2009

Reported in : 2009(3)KLJ509

..... affidavit filed by the 5th respondent) but for the liability allegedly resulted because of the lapses oh the part of the petitioner. this being the position, there is absolutely no rationale in proceeding with the revenue recovery steps before fixing the liability and as such, the 5th respondent is very much liable to quantify the same, after giving an opportunity of .....

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Aug 07 2009 (HC)

Kmp Timbers Vs. Commercial Tax Inspector and anr.

Court : Kerala

Decided on : Aug-07-2009

Reported in : (2010)27VST536(Ker)

..... is very much liable to be fluctuated depending upon the 'demand-supply' ratio, festival season and adverse calamities including 'bird flu' and this being the position, there is absolutely no rationale in fixing the sale price of 'live chicken' as rs. 60 per kg. and in realising the advance tax at that rate, much prior to the taxable event when the .....

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Aug 25 2009 (HC)

The Ta-aleemul Islam Trust and ors. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Aug-25-2009

Reported in : 2009(3)KLJ496

..... effect the contribution. however, it is also conceded that there cannot be any membership for persons who have crossed the age of 60' years and as such, there is no rationale in demanding any contribution from such persons who have crossed the age of 60 years and operating the motor transport undertakings as 'self employed' persons. as such, the point of .....

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Dec 09 2009 (HC)

Ramesh S/O. Mohanan Vs. State of Kerala,

Court : Kerala

Decided on : Dec-09-2009

..... the detaining authority cannot in any way be said to have affected the right of the detenu to make representations before the government and the advisory board which is the rationale supporting the insistence on furnishing copies to the detenu. we find force in this contention. these firs having not been relied on by the detaining authority and considering the nature .....

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Jul 17 2009 (HC)

Leena Sajeevan Vs. Sub Inspector of Police and ors.

Court : Kerala

Decided on : Jul-17-2009

Reported in : 2009(16)KLJ883

..... is a fit case in which such permission can be granted. the proviso which is added and included in section 10(3) of the kaapa, in evident departure from the rationale of section 8(e) of the cofeposa, must be taken note of while considering the right to claim permission for legal representation before the advisory board under the kaapa.13 .....

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Feb 06 2009 (HC)

Prakash Alias Ajayan and Etc. Vs. State of Kerala

Court : Kerala

Decided on : Feb-06-2009

Reported in : 2009CriLJ2930

k.t. sankaran, j.1. the criminal appeals arise out of s.c. no. 819 of 2001, on the file of the court of the sessions judge, kollam, crl. a. no. 1070 of 2004 is filed by the first accused while crl. a. no. 1071 of 2004 is filed by the second accused.2. accused no. 3, sinu, turned out to be an approver and he was tendered pardon under section 306(3) of the code of criminal procedure.3. the prosecution alleged offences punishable under sections 302, 376, 394, 404 and 201 read with section 34 of the indian penal code. the trial court found accused nos. 1 and 2 guilty of the offences under sections 302, 376, 404 and 201 read with section 34 of the indian penal code. they were sentenced to undergo imprisonment for life under section 302. rigorous imprisonment for a term of ten years under section 376, rigorous imprisonment for a term of three years under section 404 and rigorous imprisonment for a term of seven years under section 201 of the indian penal code. accused nos. 1 and 2 were also directed to pay compensation of rs. 50,000/- each and, in default, to undergo simple imprisonment for six months. the terms of sentence are to run concurrently.4. the prosecution case is that deceased shyla, a handicapped woman, who was in love with the first accused, was enticed by the said accused with ill motive and she was raped and murdered by him along with the second accused. it was also alleged that the second accused took away the gold chain belonging to the deceased.5. the prosecution .....

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Dec 22 2009 (HC)

Sangeetha Vs. State of Kerala

Court : Kerala

Decided on : Dec-22-2009

Reported in : 2010(1)KLT612

t.r. ramachandran nair, j.1. these writ petitions are at the instance of the petitioners who are having approved service as hsst (junior) in various subjects in different schools. the main prayer in the writ petitions is to grant a declaration that they are entitled to full time scale of pay and other ancillary benefits admissible to the post of hsst, granted by ext.p3 government order to their counter parts appointed as hsst (part time).2. the petitioners herein have been appointed in various schools prior to the introduction of the statutory rules in chap. xxxii k.e.r. i.e., on 12.11.2001. they have been appointed as hsst part time/junior in aided higher secondary schools by direct recruitment, during the years 1999, 2000 and 2001 and the orders of appointment have been produced in these writ petitions.3. it is their case that the government as per go.(ms.) no. 162/98/g.edn. dated 13.5.1998, produced as ext.p4 in w.p.(c) no. 12790/2005, prescribed the method of filling up of the post of higher secondary school teacher in government and aided higher secondary schools. in aided higher secondary schools, it was laid down that:(i) 25% vacancies will be reserved for appointment from qualified high school assistants and primary school teachers.(ii) xxxxx(iii) appointment to the 75 % vacancies earmarked for direct recruitment in the aided higher secondary schools will be done by the management.para.3 of the above government order is important, which is extracted below:3. while .....

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