Kerala Court March 1982 Judgments
Balakrishna Travels and anr. Vs. the Regional Transport Authority, Mal ...
Court: Kerala
Decided on: Mar-12-1982
Reported in: AIR1982Ker274
ORDERK.K. Narendran, J.1. Questions of some importance in motor vehicles law arise for consideration in these cases. A Regional Transport Authority grants a temporary permit for a route which lies in the region of another Authority. Can the grant be saved for the reasons that the stage carriage for which the temporary permit was granted was operating on a route in the region of the Authority on lie basis of a pucca permit already granted by the Authority, the stage carriage can operate on the route for which the temporary permit was granted as a continuation of the route it was already operating and that when the routes covered by the pucca permit and the temporary permit are taken as a whole the major portion of the same lies in the region of the Authority which granted the temporary permit. The further question is whether the application for the temporary permit can be considered as an application to vary the conditions of a permit under Section 57(8) of the Motor Vehicles Act, 1939,...
Tag this Judgment!Alwaye Municipality Vs. K.A. Kochunny and Company and anr. Etc.
Court: Kerala
Decided on: Mar-11-1982
Reported in: AIR1982Ker288
Khalid, J. 1. These appeals filed underSection 39(1)(vi) of the Arbitration Act (for short the Act) by the Alwaye Municipality represented by its Commissioner, are against a common order passed by the Principal Sub Judge, Parur, dismissing petitions filed by it to set aside awards made by the 2nd respondent, the Chief Engineer (Arbitration) Tri-vendrum, in favour of the 1st respondent, a P. W. D. contractor, granting certain claims made by the contractor against the Municipality. The questions raised are the same and hence the appeals are being disposed of by this common judgment. 2. We shall first deal with the facts of each case.M. F. A. No. 113 of 1981: The 1st respondent entered into a contract with the appellant for the construction of a mini market under the terms and conditions embodied in the contract between them. After the completion of the work, me 1st respondent made certain claims on the appellant. According to the appellant, those claims were not admissible under the term...
Tag this Judgment!Taxi Drivers' Union and Anr. Vs. Kerala State Road Transport Corporati ...
Court: Kerala
Decided on: Mar-10-1982
Reported in: AIR1983Ker69
ORDERU.L. Bhat, J.1. The first petitioner is the Taxi Drivers' Union and the second petitioner, a taxi driver, is the Secretary of the Union. Members of the Union and other taxi drivers have been parking their taxis in the parking urea adjacent to the Cochin Aerodrome buildings and collecting passengers alighting from the various flights. The right to collect fees for the use of the parking area has been given on contract under Ext. P2 (a). Aerodrome building and the park area are situated about one furlong away from the National Highway. The road connecting the national highway and the aerodrome building is called for the purpose of this case as, the 'link road'. The first respondent, Kerala State Road Transport Corporation, decided to introduce with effect from 18-5-1981 two stage carriage services under the name 'Boeing Limited Slop Past Passenger' from Cochin Aerodrome to Guruvayoor for the convenience of passengers reaching Cochin from Bombay by Boeing flights. The buses have stop...
Tag this Judgment!Krishna Pillai Vs. Pazhuckamattom Devaswom and ors.
Court: Kerala
Decided on: Mar-08-1982
Reported in: AIR1983Ker8
ORDERSukumaran, J. 1. This unfortunate litigationcentres round a temple and a trust.The suit itself was filed forsettling a scheme for the managementand administration of PazhukkamattonDevaswom near Chelamattomkara inPerumbavoor which is claimed to be apublic trust. The prayers include removal of the 1st defendant from themanagement of the properties, appointment of new trustees and other incidental reliefs. It was instituted initiallyin the District Court of Erna-kulam where it was numbered as O. S.No. 4 of 1979. Leave to sue underSection 92 of the Civil P. C. was obtainedfrom that court by the order passed inI. A. No. 443 of 1979, Later the suitwas transferred to the Sub Court, Parur,the court which has now passed theorder sought to be revised. The suitwas renumbered in the Parur Sub Courtas O. S. No. 187 of 1980. Against theorder granting leave to sue, a revisionpetition was taken to this court -- C. R.P No. 1500 of 1979. It is admitted byboth parties that the revision petitionwas d...
Tag this Judgment!S. Radhakumari Vs. K.M.K. Nair
Court: Kerala
Decided on: Mar-05-1982
Reported in: AIR1983Ker139
ORDERK. Sukumaran, J.1. Home, sweet home, is a cherished concept of all. Thoughts centre round the home where the wife and children stay, even when one is away. It is in that sense that Lord Denning conceived of home, when he observed: 'The man 'occupies' the home by his wife and family even whilst he is overseas'. (See R. v. L.B. of Hillingdon (1981) 2 All ER 1089 (1092)).2. A broken home, however, is a traumatic experience. To many, merely being under the same roof, without emotional attachment and the connection of affection, is a mere vegetative existence. Quite offen, a deserted wife gets reconciled to think, (unnecessarily and unscientifically perhaps): 'what is fated cannot be blotted; and counts the days with sorrows* crown of sorrow. The plight of the children, however, appears to be more tragic. As Lane J. observed in L. v. F. (Times dated 1-8-81 and quoted W. v. A. (1981) 1 All RE 100 at 104: 'a marriage could be dissolved but not parenthood'. The decision in W. v. A. (supra...
Tag this Judgment!A.N. Deen Vs. Jacob
Court: Kerala
Decided on: Mar-04-1982
Reported in: 1982CriLJ2089
P. Janaki Amma, J.1. The appellant in Criminal Appeal No. 470 of 1979 (hereinafter referred to as the Complainant) is the Sales Manager of the Pioneer Match Works, Sivakasi, which is a unit of M/s. Asia Match Company Private Ltd., Sivakasi. M/s. Asia Match Company Pvt. Ltd., is engaged in the manufacture and sale of safety matches under the Trade Mark 'Chavi'. The trade mark has been duly registered under the Trade and Merchandise Marks Act, 1958, Accused 1 and 2 are brothers. Their elder brother K. O. Davis is a licensee of two match factories viz., St. Mary's Match Works at Kattoor and Fathima Match Works at Kizhuthany, within the jurisdiction of the Chief Judicial Magistrate, Trichur. The licensee Davis is away in the Middle Eastt According to the complaint, the factories are being manned by the accused and they are controlling the industry. The income therefrom is appropriated by the accused. The accused used to affix labels on the match boxes one of the labels being a photograph o...
Tag this Judgment!Pamban Kayakkal Valsalan Vs. Pamban Kayakkal Kaumudi and anr.
Court: Kerala
Decided on: Mar-03-1982
Reported in: AIR1982Ker304
Nair, J.1. Although this petition is only a petition to condone the delay in filing the appeal, the real question it raises is the maintainability of the appeal in this Court. The appellant is the first defendant in a suit for partition brought by the first respondenl in the Subordinate Judge's Court. In the plaint the first respondent valued the entire suit property at Rs. 24,810/- and her one-third share at Rs. 8,270/-. By the original preliminary decree and its amendment the plaintiff and the second defendant were awarded 1/3 share each in the property. In the final decree which followed the total property was valued at Rs. 64,800/- and the plaintiff was allotted a share valued at Rs. 19,185/-, the first defendant a share valued at Rs. 25,393/- and the second defendant a share valued at Rs. 20,222.80. The first defendant was directed to pay Rupees 2,415.26 to the plaintiff and Rs. 1,377.47 to the second defendant as owelty.The memorandum of appeal carries a court-fee of Rs. 100/- as...
Tag this Judgment!Venkitaraman Vs. Labour Court and ors.
Court: Kerala
Decided on: Mar-02-1982
Reported in: (1982)ILLJ454Ker
Khalid, J.1. The question whether a school teacher is a workman or not under the Industrial Disputes Act, for short the Act, presented itself before me in O.P. No. 3301 of 1979. In that case, the Industrial Tribunal held that a teacher was not a workman relying upon the Supreme Court decision in University of Delhi's case 1963-II L.L.J 335. Though the later decision of the Supreme Court reported in Bangalore Water Supply case 1978-I L.L.J. 349 was brought to his notice, he distinguished it on the ground that the later case had not overruled the earlier case. The overruling, according to him, was only to the extent that University was not an industry and the finding that a teacher was not a workman was not disturbed. In the judgment rendered by me on 13th July, 1981, reported in Muthayyan v. Manager, Kadalur Estate 1982 (1) L.L.J. 23 held that the Industrial Tribunal was wrong in its finding that the decision in1963-II L.L.J. 335 was not wholly reversed by the decision in 1978 (1) L.L.J...
Tag this Judgment!Padmanabha Pillai Vs. University of Kerala and ors.
Court: Kerala
Decided on: Mar-02-1982
Reported in: 1982(II)KLT203
Kochu Thommen, J.1. The petitioner and the 4th respondent are members of the teaching staff of Sree Sankara College, Kalady. They were both Junior Lecturers. They both had obtained M.A. Degree in English, but with III Class. That class was sufficient to be appointed as Junior Lecturers. However, the minimum qualification for promotion as Lecturers was a II Class. A temporary exemption was given to them by the competent authority of the University by its order dated 31-6-1974 for a period of three years. This was to enable persons like the petitioner and the 4th respondent to acquire the diploma in English which was considered to be a certificate of their 'improvement' in English. Neither the petitioner nor the 4th respondent acquired the diploma within the stipulated time. The 4th respondent was admittedly senior to the petitioner as Junior Lecturer. However, by Ext. P2 Dated 12-1-1976 the Vice-Chancellor acting as a delegate of the Syndicate in terms of Section 23(xix) of the Kerala U...
Tag this Judgment!Shri Ramlinga Mills Private Ltd. and ors. Vs. Assistant Collector of C ...
Court: Kerala
Decided on: Mar-01-1982
Reported in: 1989(22)LC36(Kerala); 1983(12)ELT65(Ker)
K. Sukumaran, J.1. A question of nicety concerning levy of import duty arises in this batch of writ petitions filed by Textile Mill Owners engaged in the manufacture of cotton viscose blended yarn. Though the question is a nice and subtle one, it is not entirely one of prima impressionis. It is, therefore, perhaps unnecessary to say, as did that inimitable Dickensian character, Mr. Pickuick, with charitable impulse : '...I leave to wiser heads than mine to determine'.2. Developed maritime countries of importance had had similar and allied problems. Law and literature of such countries abound in expositions and experiences in respect of exports-imports activities, and even smuggling in the goods. The great English poet Crabbe, whose father was a Customs Officer in Suffolk in the eighteenth-century heyday of smuggling, described how smugglers stood by the seashore :'Beneath yon cliff they stand,To show the freighted pinnace where to land;To load the ready stood with guilty haste;To fly i...
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