Kerala Court February 1994 Judgments
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Geethakumari and ors. Vs. Rubber Board and ors.
Court: Kerala
Decided on: Feb-11-1994
Reported in: 1994ACJ796
K. John Mathew, J.1. Whether the salary of a dependant who was given employment on compassionate grounds on the death of a person who was injured in a motor accident is to be deducted from the compensation payable on account of his death? The learned Tribunal deducted a portion of the amount from the total amount of compensation. In this appeal by the petitioners before the M.A.C.T., they are mainly challenging the direction to deduct a portion of the salary that the 1st petitioner widow may receive throughout her career.2. The 1st petitioner before the Tribunal is the widow and petitioner Nos. 2 and 3 are the minor children of deceased V.R. Arevindakshan Nair, who died in a motor accident. Subsequently, additional petitioner Nos. 4 and 5 who are the father and mother of the deceased were also impleaded. While the deceased was travelling in a jeep KLK 7675 belonging to his employer (Rubber Board, Kottayam) in connection with his official duty, it met with an accident. According to the ...
Marya Teresa MartIn Vs. E. Martin, S/O. Estay Ignatious, Madras
Court: Kerala
Decided on: Feb-09-1994
Reported in: AIR1994Ker264
ORDERL. Manoharan, J.1. Judgment-debtor in E. P. 6 of 1992 in S.F.C.O.P. 283 of 1992 pending in the District Court, Kollam is the revision-petitioner. Respondent is the decree-holder and husband of the revision-petitioner. They have only one issue, a daughter aged 5 years. Respondent is residing at Madras. According to the revision-petitioner she left him along with her child in May 1989 and started living at Kollam on account of the cruelty of the respondent who according to her is living with a concubine. Revision-petitioner filed M.C. 26 of 1991 before the Chief Judicial Magistrate's Court, Kollam claiming maintenance for herself and the child. According to the revision-petitioner, as a counter blast to the said proceeding, the respondent filed S.F.C.O.P. 283 of 1992 in the Family Court at Madras for appointing him as guardian of his minor daughter and also for the custody of the child. It is alleged by the revision-petitioner that the respondent has also filed an O.P. for restituti...
S. Rajendran Vs. Asst. General Manager, State Bank of Travancore and o ...
Court: Kerala
Decided on: Feb-07-1994
Reported in: (1995)ILLJ650Ker
K.J. Joseph, J.1. The petitioner was working as a Clerk in the State Bank of Travancore, Chcnnithala Branch, at Mavclikkara. He claims that he belongs to the Konda Reddy Community, a recognised Scheduled Tribe in the State of Kerala. The Regional Recruitment Board State Bank Group. Madras Circle had invited applications as per notification dated August 12, 1982 for the post of clerks in the State Bank of India and its associate banks in which the Slate Bank of Travancore is also one of the constituents. The above posts were exclusively reserved for Scheduled Tribe candidates. The petitioner also submitted an application pursuant to the said recruitment. Along with the application, he had produced Ext. P1 Certificate No. C.683/78 dated July 10, 1978 stated to have been issued by the Head Quarters Deputy Tashildar, Nanguneri stating that the petitioner belongs to Scheduled Tribe of Konda Reddy Community. The petitioner was called for an interview on the basis of the results of the writte...
Balakrishna Variar and ors. Vs. Sheriffa and ors.
Court: Kerala
Decided on: Feb-07-1994
Reported in: AIR1994Ker296
K.P. Balanarayana Marar, J. 1. Second appeal arises from a suit for recovery of possession and for damages. The trial court dismissed the suit against which plaintiff preferred A. S. 74/ 1983 before Addl. Sub Court, Parur. During the pendency of the appeal the sole defendant died. His legal representatives were not brought on record in time with the result that the appeal abated. Petitions were filed for impleading the legal representatives, to set aside the abatement and for condonation of delay in filing the petition for abatement. These petitions were heard together and the lower appellate court by order D/- 11-6-1986 dismissed those petitions. In consequence the appeal was also dismissed as abated. Plaintiffs have come up in second appeal. The substantial questions-of law formulated in the appeal memorandum are :1. Whether, under the facts and circumstances of the case, the lower appellate court was right in dismissing I.A. Nos. 1093, 1094 and 1095 of 1985 and whether in doing so t...
U. Gopalakrishna Kunikullaya Vs. State of Kerala and anr.
Court: Kerala
Decided on: Feb-01-1994
Reported in: [1996]85CompCas440(Ker)
Mathews P. Mathew, J.1. The petitioners in both the original petitions are agriculturists and are members of the second respondent-society. The petitioner, in O. P. No. 1559 of 1989 holds 2.12 acres of areca garden, about one acre of paddy field and some dry land in Uorangala village of Kasaragod Taluk, as a joint owner along with his two sons. The petitioner, in O. P. No. 1771 of 1989 is the owner of about five acres of paddy field, two acres of areca garden and four acres of dry land in Kuloor village of Kasaragod Taluk jointly with his son.2. The petitioners' case is that due to the increase in the cost of labour, fertilisers, etc., the cost of cultivation of land has increased considerably, whereas the price of agricultural produce has not only not proportionately increased but has been dropping and fluctuating. To add to this, there has been periodical scarcity of rains, thereby adversely affecting the cultivation due to inadequate supply of water to irrigate the properties. Due t...
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