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Kerala Court August 1993 Judgments

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Aug 05 1993

State of Kerala Vs. N. Moideenkutty Haji and ors.

Court: Kerala

Decided on: Aug-05-1993

Reported in: 1994CriLJ1250

M.M. Pareed Pillay, J.1. The State has filed this appeal against the judgment in SC 26 of 1985 on the file of the Sessions Judge, Manjeri acquitting the accused 1 to 3 (A1 to A3) who were charged under Sections 323 & 302 r/w Section 34 I.P.C.2. The prosecution case is that A1 and A3 beat the deceased with hands while A2 stabbed him with M.O. 1 knife causing him fatal injury. The learned Sessions Judge on appreciating the evidence held that the prosecution has not succeeded in establishing its case beyond reasonable doubt.3. Taxi fare was due from Al to CW3 Sulaiman. On 2-9-1984 at about 10-30 a.m. there was exchange of words between Al and CW3. Abdul Rahiman (deceased) intervened and pacified Al and CW3. On the same day at 5.30 p.m., while the deceased was at Venniyur bazaar, A1 to A3 came there on seeing the deceased, Al chastised him for having helped driver (CW3). Al and A3 beat him on his face and back with their hands. The deceased tried to flee away. It was then that Al drew M.O....


Aug 04 1993

Regional Science Centre and anr. Vs. Varghese K. Pulayath and Co. and ...

Court: Kerala

Decided on: Aug-04-1993

Reported in: [1998]91CompCas227(Ker)

Varghese Kalliath, J.1. Defendants Nos. 2 and 3 are the appellants. The suit was one for injunction restraining the first defendant from encashing or parting with any amount under bank guarantee Nos. 31/30, dated January 9, 1991, and 31/23 dated October 20, 1990, furnished to the second and third defendants pursuant to the demand of the third defendant in his letter dated November 2, 1992, and for an order of injunction restraining the second and third defendants and their officers from pressing the demand for encashing the bank guarantee or recovering any loss without a fiat from a competent court. The plaintiff filed I. A. No. 5930 of 1992, for an order of temporary injunction restraining the first defendant-bank from parting with any amount under bank guarantee Nos. 31/ 30, dated January 9. 1991, and 31/23, dated October 20, 1990, issued by the first defendant to the third defendant, pending disposal of the suit. In this I. A. defendants Nos. 2 and 3 were parties. The court below pa...


Aug 02 1993

Ansari Vs. D.i.G., C.i.S.F.

Court: Kerala

Decided on: Aug-02-1993

Reported in: (1994)ILLJ492Ker

K.J. Joseph, J. 1. The petitioner in this Original Petition is a Head Constable in the Central Industrial Security Force now working in the Udyogamandal Unit. He challenges the validity of Ext. P10 communication issued by the second respondent wherein the petitioner was informed that the appeal submitted by him had been withheld in terms of Rule 45 of the Central Industrial Security Force Rules, 1969. He also prays for a writ of mandamus or other appropriate writ, direction or order directing the 2nd respondent to transmit the appeal filed by him evidenced by Ext. P8 to the first respondent and a further direction to the first respondent to hear and dispose of the appeal on merits within a particular period prescribed by this Court.2. While working as a Head Constable, disciplinary proceedings were taken against the petitioner for unauthorised absence from duty and disobeyance of the order issued by superior officers. The petitioner submitted a written statement of defence denying the ...


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