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Kerala Gazette · Government of Kerala

Amendment of High Court Rule, 1971—Investiture of Powers

Published 03 February 2015

Department
Judicial Department
Part
PART III Notification by Head of Departments
Identifier
in.gazette.kerala_new.2015-02-03.part_3_Judicial
Languages
English, Malayalam
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© കേരള സർക്കാർ

Government of Kerala 2015

Regn. No. KERBIL/2012/45073 dated 5-9-2012 with RNI

Reg. No. KL/TV(N)/634/2015-17

കേരള ഗസററ്

KERALA GAZETTE

ആധികാരികമായി പ്രസിദ്ധപ്പെടുത്തുന്നത്

PUBLISHED BY AUTHORITY

വാല്യം 4

നമ്പർ

തിരുവനന്തപുരം,

ചൊവ്വ

Thiruvananthapuram, Vol. IV

}

Tuesday

5

No.

} 2015 ഫെബ്രുവരി 3 3rd February 2015 1190 മകരം 20 20th Makaram 1190 1936 മാഘം 14 14th Magha 1936

PART III

Judicial Department

THE HIGH COURT OF KERALA

NOTIFICATION

No. D1-8845/2010. 9th January 2015.

In exercise of the powers conferred by Article 225 of the Constitution of India, Section 122 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) and all other powers enabling it in this behalf, the High Court of Kerala, after previous publication in the Kerala Gazette No.10, Volume III, dated 11th March, 2014 as notification No. D1-8845/2010, dated 13th February, 2014, and with the previous approval of the Government of Kerala conveyed in G.O.(Ms.) No.209/2014/Home, dated 18th October, 2014, hereby makes the following further amendment to the Rules of the High Court of Kerala, 1971, namely:

"146A: Affidavits in Public Interest Litigation-A person filing a Public Interest Litigation, in addition to the requirements stipulated in the other rules of this chapter, shall precisely and specifically affirm in the affidavit to be sworn to by him the public cause he is seeking to espouse, that he has no personal or private interest in the matter, that there is no authoritative pronouncement by the Supreme Court or the High Court on the question raised and that the result of the litigation shall not lead to any undue gain to himself or to anyone associated with him.

146B: Costs in Public Interest Litigation— Notwithstanding anything contained in these rules, the court may direct the petitioner in a Public Interest Litigation to pay such amount as may be fixed by the Court as compensation or costs to all or any of the respondents, in the event of the litigation being found to be vexatious, frivolous or malafide."AMENDMENTS By order, In the Rules of the High Court of Kerala, 1971, after rule 146, the following rules shall be inserted, namely:— Kochi. S. JAGADEES, Registrar General. 14 KERALA GAZETTE [PART III Chief Judicial Magistrate Court, Palakkad Explanatory Note (This does not form part of the notification but is intended to indicate its general purport.)

The Honourable Supreme Court of India in its Judgment in C.A. Nos. 1134-1135/02 had observed that the process of Court is frequently abused in the name of Public Interest Litigation and had directed all the High Courts to frame rules to prevent the same. Accordingly, the High Court has considered the matter and decided to amend the rules. The notification is intended to achieve the above object.

NOTIFICATIONS

(1)

No. C-10051/2014. 5th January 2015.

In exercise of the powers conferred by section 14 (1) of the Code of Criminal Procedure, (Central Act 2 of 1974) the Chief Judicial Magistrate, Palakkad hereby define the area within which invested by the High Court of Kerala for one year with effect from 5-1-2015.

SCHEDULE

I

II

Office of the Chief Judicial Magistrate, Thrissur

NOTIFICATION

No. B3-15812/2014. 5th January 2015.

Sub:—Investiture of powers-Honorary Special Judicial Magistrate of the Second Class (Railways), Shornur to take cognizance of Offences under section 190(1) of the Code of Criminal Procedure 1973 (Central Act 2 of 1974)- Notification issued.

Ref:—Notification No. B4-34504/2014 dated, 23-12-2014 of the Hon'ble High Court of Kerala, Ernakulam.

In exercise of the powers conferred by proviso to Sub-section (2) of Section 190 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974) the Chief Judicial Magistrate, Thrissur hereby specifically empowers the Judicial Magistrate of the Second Class (Railways), Shornur in the Schedule shown below to take cognizance under section 190 (1) of the Code of Criminal Procedure of such offences of person travelling without a proper pass or ticket over any part of Southern Railway within the district of Thrissur or committing in any part of the said Railway in the said area or committing any of the offences falling under section 137 to 139,141 and 142, 144 to 147, 155 to 157, 159, 162, 163, 166 and 167 of the Indian Railways Act 1989 (Central Act 24 of 1989) for a period of one year with effect from the date of assumption of charge.

SCHEDULE

I

II

Sri K. V. Vasudevan, Honorary Special Judicial Kunnath House, Magistrate of Vadanamkurussi P. O., Second Class Via Shornur, (Railways), Shornur Palakkad-679 214

Sri K.V. Vasudevan, Area comprised within the Honorary Special Jurisdiction of the Honorary Judicial Magistrate of Special Judicial Magistrate of Second Class Second Class (Railways) (Railways), Shoranur. in the district of Palakkad.

(2)

No. C-10051/2014. 5th January 2015.

Sub:—Investiture of powers-Honorary Special Judicial Magistrate of Second Class (Railways), Shoranur to take cognizance of Offences under section 190 (1) of the Code of Criminal Procedure 1974—Orders issued.

In exercise of the powers conferred by provision of sub-section (2) of Section 190 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974), the Chief Judicial Magistrate, Palakkad hereby specifically empowers the Special Judicial Magistrate of Second Class (Railways), Shoranur in the Schedule shown below to take cognizance under section 190 (1) of the said Code of such offences of persons travelling without proper pass or ticket over any part of Southern Railway within the district of Palakkad or committing in any part of the said Railway in the above said area any of the offences falling under section 137 to 139, 141 and 142, 144 to 147, 155 to 157, 162, 163, 166 to 167 of the Indian Railways Act 1989 (Central Act 24 of 1989) for a period of one year with effect from the fore noon of 5-1-2015.

SCHEDULE

I

II

Sri K.V. Vasudevan, Honorary Special (Retired Spl. Deputy Collector) Judicial Magistrate Kunnath House, of Second Class P. O. Vadanamkurussi, (Railways), Via Shoranur, Shornur Palakkad-679 214NIXON M. JOSEPH, Chief Judicial Magistrate. Court of the Chief Judicial K. E. SALIH, Magistrate, Palakkad. Chief Judicial Magistrate. 308

Cite this issue. Kerala Gazette, Government of Kerala, 03 February 2015. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.kerala_new.2015-02-03.part_3_Judicial/. Archive identifier in.gazette.kerala_new.2015-02-03.part_3_Judicial.