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indira Vs. State of Kerala
Kerala
Aug-10-2005
Constitution
Evidence Act - Sections 106; Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 - Sections 3, 4, 5(1), 6, 7, 8, 9, 10, 12, 12(3), 14, 24 and 26; Constitution of India - Articles 15(1), 15(4), 16, 16(4), 16(4A), 29, 332, 338, 339, 341, 341(2), 342, 342(2), 365(24) and 366(24); Customary Law; Hindu law
AIR2006Ker1; [2006(2)JCR276]; 2005(4)KLT119
K.S. Radhakrishnan, J.1. Whether children born out of inter-caste married couple could claim the status of Scheduled Caste/Scheduled Tribe for the benefit of reservation in admission to educational institutions and in public employment on the mere...
Tag this Judgment! AI Brief & AskIndian Bank Vs. Ernakulam District H.G.M.T. Co-op. Society Ltd.
Kerala
Dec-23-2005
Banking
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 3, 17, 18, 19, 31, 31(1), 31(2), 71 and 90; Kerala Co-operative Societies Act, 1969 - Sections 69 and 100; Opium Act, 1878 - Sections 11; Representation of the People Act, 1951 - Sections 81, 82, 86(1), and 117; Bengal Tenancy Act, 1885 - Sections 114(1) and 114(3); Code of Civil Procedure (CPC) - Order 7, Rule 10; Kerala Education Rules - Rule 62; Kerala Service Rules - Rule 60; Kerala Co-operative Societies Rules; Constitution of India - Articles 14, 226 and 227
AIR2006Ker154; III(2007)BC7; [2006]131CompCas232(Ker); 2006(1)KLT479
K.K. Denesan, J.1. Whether a suit or other proceeding filed by a bank or financial institution as defined in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short the Act) and...
Tag this Judgment! AI Brief & AskHaneefa Vs. United Finance Corporation
Kerala
Jan-02-2006
PropertyLimitation
Limitation Act, 1963 - Sections 3, 5, 15 and 15(1) - Schedule - Articles 134 and 136; Code of Civil Procedure (CPC) , 1908 - Sections 65 - Order 21, Rules 89, 90, 91, 92, 92(1), 94 and 95 - Order 22, Rule 94
AIR2006Ker149; 2006(1)KLT416
ORDERV. Ramkumar, J.1. The judgment-debtor in E.P.193/95 in O.S.57/1985 on the file of the Subordinate Judge's Court, Neyyattinkara, is the revision petitioner. The said suit was one for realisation of money. The suit was decreed and...
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Suprabha Vs. Sivaraman
Kerala
Jan-25-2006
Family
Family Courts Act, 1984 - Sections 7 and 7(1); Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 3, 3(2); Family Courts (Kerala) Rules, 1989 - Rule 3 and 7; Code of Civil Procedure (CPC) - Sections 26 - Order 7 Rule 1; Code of Criminal Procedure (CrPC) , 1973
AIR2006Ker187; II(2006)DMC404; 2006(1)KLT712
R. Bhaskaran, J.1. This appeal is filed by the petitioner before the Family Court, Thiruvalla. The petition was filed by Suprabha through her next friend for realisation of Rs.9,55,160/-being the value of the gold ornaments, cash...
Tag this Judgment! AI Brief & AskAbdul Khader Vs. Surburban Chit Funds (P) Ltd.
Kerala
Jan-24-2006
Constitution
Constitution of India - Article 227
AIR2006Ker199; I(2007)BC231; 2006(1)KLT749
R. Basant, J. 1. The delay in the judicial process in this country is scandalous. Rather than blame darkness it is certainly better to light a candle. Observance one's Dharma - by the litigant, counsel, the...
Tag this Judgment! AI Brief & AskGopalaswamy Kounder and Etc. Vs. Ramaswamy Kounder and ors.
Kerala
Jan-02-2006
Property
Limitation Act - Sections 5; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 21, Rules 64, 66, 66(2), 89, 90 and 90(3) - Order 32, Rule 2
AIR2006Ker138; 2006(2)KLT595
ORDERV. Ramkumar, J.1. The common petitioner in the two Civil Revision Petitions is a minor by name Muthuraj represented by his next friend Gopalaswami Rounder and the common petitioner in the two writ petitions is the...
Tag this Judgment! AI Brief & AskState of Kerala Vs. George Jacob
Kerala
Oct-27-2005
Civil
Kerala Finance Act, 2005; ;Kerala Stamp Act, 1959 - Sections 2, 2(12), 3, 9, 17, 27, 33, 35, 40, 60 and 64 ;Registration Act, 1908 - Sections 23, 25, 31, 32, 35, 47, 49, 61, 74, 88 and 89; ;Transfer of Property Act, 1882 - Sections 53A, 54 and 59; ;Code of Civil Procedure (CPC) - Sections 64 - Order 38, Rule 10; ;Transfer of Property (Amendment) Supplementary Act, 1929 - Sections 10; ;Theft Act, 1968 - Sections 20(2); ;Indian Stamp Act, 1899 - Sections 2(14) and 2(17); ;Government of India Act, 1935 - Sections 175(3)
AIR2006Ker111; 2005(4)KLT709
S. Siri Jagan, J.1. The above Writ Appeals are filed by the State and the two Writ Petitions are filed by an individual and an institution who seek to get their sale deed registered with the...
Tag this Judgment! AI Brief & AskRajeswary Vs. Sooraj
Kerala
Nov-29-2005
Civil
Legal Services Authority Act, 1987 - Sections 21 and 21(2); Constitution of India - Article 226
AIR2006Ker137; 2006(1)KLT203
ORDERJ.M. James, J.1. In the Lok Adalath held by the Taluk Legal Services Committee, Koyilandy, dated 30-9-2004, O.S.No. 22 of 1998 pending on the file of the Sub Court, Koyilandy, was compromised. Under Section 21(2) of...
Tag this Judgment! AI Brief & AskJoseph Vs. State of Kerala
Kerala
Mar-14-2006
Constitution
Kerala Women's Commission Act, 1990 - Sections 2, 16, 17 and 17(3); Evidence Act - Sections 4 and 112; Succession Act; Code of Criminal Procedure (CrPC) - Sections 125
AIR2006Ker191; I(2007)DMC421; 2006(2)KLT67
V.K. Bali, C.J. 1. Janaki K.M., it appears is striving to be called a legitimate and legally wedded wife of Gopalan Nair. She was also clamouring for her daughter to have a name of her father...
Tag this Judgment! AI Brief & AskBinu Chacho Vs. R.T.A.
Kerala
Feb-08-2006
Motor Vehicles
Motor Vehicles Act, 1988 - Sections 30, 57, 64, 70, 71, 72, 72(1), 80, 88, 89 and 90; Motor Vehicles Act, 1939 - Sections 47(1), 57(3), 57(5), 64, 64(1) and 64A; Motor Vehicles Rules; Public Health Act, 1936 - Sections 301; Constitution of India - Articles 14, 19, 19(1) and 226
AIR2006Ker177; [2006(3)JCR313]; 2006(2)KLT172
K.K. Denesan, J.1. Two Writ Petitions raising a common question have been referred to the Full Bench for decision. A learned Judge of this Court (Thottathil Radhakrishnan, J.) while consideringW.P. (C) 4828/05 felt the need for...
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