Kerala Court June 1972 Judgments
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P.A. Kesavan Vs. the Inspector General of Registration and ors.
Court: Kerala
Decided on: Jun-08-1972
Reported in: (1972)IILLJ593Ker
M.U. Isaac, J.1. The petitioner and respondents 3 to 6 were originally appointed as lower division clerks in the Registration Department in Madras State. Respondents 3, 4, 5 and 6 were admittedly junior to the petitioner in that cadre. All of them were allotted to the Kerala State on its formation on 1-11-1956. In 1966, the petitioner and respondents 3, 5 and 6 were promoted as upper division clerks. But on 13-1 1967, the petitioner was reverted. The fourth respondent filed O.P. No. 2659 of 1966 claiming promotion to the cadre of upper division clerks in preference to respondents 5 and 6 on the ground that the fourth respondent was senior. That claim was upheld by This Court by the judgment, Ext. P-4 dated 18-12-1968, in Writ Appeal No. 167 of 1967. It is stated that this judgment is now pending in appeal before the Supreme Court, though the fourth respondent has been provisionally promoted on the basis of the said judgment.2. Under the special rules for the Madras Ministerial Service,...
United Hoteliers Vs. Government of India
Court: Kerala
Decided on: Jun-07-1972
Reported in: (1972)IILLJ596Ker
M.U. Isaac, J.1. The only question for decision in this case is whether the petitioner's establishment is entitled to the protection under Section 16 of the Employees' Provident Funds Act, 1952. The facts of the case are not in dispute and they have been correctly recorded in the order Ext. P-8. There was a boarding and lodging establishment at Calicut under the style 'Santha Bhavan Boarding and Lodging' which belonged to a company known as Messrs. C. Krishnan Nair & Co. (P) Ltd. That business was wound up by the company. Its goodwill, licences and other privileges and also the utensils used in that establishment were sold individually on 14-2-1965 to certain persons who by a deed dated 15-2-1965 constituted themselves into a partnership under the name United Hotels, who is the petitioner in this writ petition. On 15 2-1965 Messrs. C. Krishnan Nair & Co. (P) Ltd., retrenched all their workers settling their claims in full. On 20-2-1965, the petitioner firm took an usufructuary mortgage...
C.P. Joseph Vs. the State of Kerala and ors.
Court: Kerala
Decided on: Jun-05-1972
Reported in: AIR1973Ker89
Subramonian Poti, J.1. The prayer in this petition is for the issue of a writ of Habeas Corpus directing the respondents to produce one Mani Mathew who is under detention pursuant to proceedings taken under the Kerala Revenue Recovery Act and for release of the said Mani Mathew. The petitioner also prays that certain sections of the Abkari Act and the Kerala Revenue Recovery Act, 1968 should be declared as unconstitutional and void.2. The petitioner is the brother-in-law of Sri Mani Mathew who was an Abkari contractor in the Kunnamangalam range for the periods 68-69, 69-70 and 70-71. He defaulted to pay the dues under the agreements entered into by him in regard to the conduct of toddy shops bid by him in auction. As a result, notice under Section 34 of the Revenue Recovery Act (hereinafter called the Act) was issued to the said Mani Mathew on 7-5-1970. Pursuant to such notice certain properties were attached as if they were the properties of the said Mani Mathew. But the attachment wa...
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