Kerala Court January 1995 Judgments
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K.A. Aboobacker Vs. N. Girija
Court: Kerala
Decided on: Jan-12-1995
Reported in: AIR1995Ker221
Dhinakar, J. 1. The petitioner who unsuccessfully questioned the title of the respondent/landlord before the Courts below has preferred these Civil Revision Petitions.2. The petitioner was originally a tenant under Mohammed and -his wife Asyamma paying Rs. 180/- and Rs. 270/- respectively as rent towards the schedule building and later the property was transferred to Balakrishnan, the respondent in C.R.P. No. 2755 of 1994 and Girija, the respondent in C.R.P, No. 2754 of 1994 by two different deeds of sale both dated 14-5-1984, which stand marked as Exts. A-5 and A-6.3. According to the petitioner the sale deeds executed by Mohammed and his wifeAsyamma were sham and nominal and they were executed only with a view to see that the petitioner is evicted from the schedule building. In support of his contention he relied on certain circumstances namely that the names of the transferee were not shown as the owners of the schedule building in the property tax assessment list for the years 1987...
Raghunathan Vs. State of Kerala
Court: Kerala
Decided on: Jan-12-1995
Reported in: 1995CriLJ1880
P.V. Narayanan Nambiar, J.1. Reghunandhan, convicted of an offence under Sections 392 and 302, IPC, preferred this appeal, challenging his conviction and sentence.2. Prosecution story is unfolded by P.Ws. 1 to 16. Deceased Nani, aged 72, lost her husband long ago. She had three sons and a daughter. All the children were staying away. Nani was residing alone in Muttampattupeedikayil house. P.W. 9, who is a relation of deceased Nani, is also residing in the neighbourhood. Every day they used to meet each other. On 6-4-1989, the day on which deceased Nani was murdered, she (Nani) was in the house of P.W. 9 till about 7.30 p.m.3. The accused/appellant was a native of Mulackuzha and for about two years prior to the incident, he was staying with his relative P.W. 14 at Kuttamperoor, where deceased Nani was also residing. The accused needed money in connection with the Kavady festival of Parayarukavu temple. Though the accused was working in a brick kiln, the amount he got out of his work was...
New India Assurance Co. Ltd. Vs. Sreedharan
Court: Kerala
Decided on: Jan-12-1995
Reported in: 1995ACJ373; [1995(71)FLR299]; (1995)IILLJ362Ker
Pareed Pillay, Ag. C.J.1. Appellant (New India Assurance Company) is the third opposite party in W.C.C. 118 of 1988 before the Deputy Labour Commissioner (Commissioner for Workmen's Compensation), Kozhikode. First respondent (applicant) filed application under Section 22 of the Workmen's Compensation Act, 1923 (referred to as 'the Act' for brevity) claiming compensation for personal injuries sustained by him on November 14, 1987 during the course of his employment as driver in the Autorikshaw KED-1232 owned by the second respondent. Applicant sustained injuries including fracture of tibia and fibula. Second respondent admitted the employment of the applicant as his driver. The accident is also admitted.2. This is a case where the qualified medical practitioner certified the percentage of the disability and the Commissioner did not accept the same. Commissioner fixed 100% loss of earning capacity and on that basis determined the compensation. Applicant's contention is that the compensat...
New India Assurance Co. Ltd. Vs. P. Thankam (Alias) Unnimayamma and or ...
Court: Kerala
Decided on: Jan-10-1995
Reported in: II(1995)ACC32; 1995ACJ440; [1996]85CompCas24(Ker)
K.T. Thomas, J.1. The only question raised in these appeals is, whether the amount of Rs. 25,000, fixed under Section 140 of the Motor Vehicles Act, 1988 (for short 'the new Act'), as 'no-fault liability' (in the case of death resulting in a motor accident) should be paid in respect of a motor accident which took place before the, enforcement of the new Act A Division Bench of this court has answered that question in the affirmative in United India Insurance Co. Ltd, v. Padmavathy [1990] 1 KLT 750 ; [1991] 70 Comp Cas 542 (it will be referred to hereinafter as Padmavathy's case). But learned counsel for the appellant-insurance company made an endeavour to have the said answer reconsidered. Learned counsel invited our attention to the decision of a Division Bench of the Bombay High Court in Prahash Chandwnal Khatri v. Suresh Pahilajrai Makhija [1992] ACJ 369 in which the decision in Padmavathy's case [1991] 70 Comp Cas 542 (Ker) was considered and dissented from.2. In this batch of case...
S.K.D. Lakshmanan Fireworks Industries and anr. Vs. K.V. Sivarama Kris ...
Court: Kerala
Decided on: Jan-09-1995
Reported in: [1995]84CompCas447(Ker)
T.V. Ramakrishnan, J.1. The correctness of the Division Bench decision in Kumaresan (N.C.) v. Ameerappa [1992] 74 Comp Cas 848; [1991] 1 KLT 893 which settled the conflict between the two earlier decisions of the two learned single judges of this court was doubted by another Division Bench in this criminal miscellaneous case and it is thus that the case is before us. In the reference order, the Division Bench has pointed out that in the light of the decisions in Syed Rasool and Sons v. Aildas and Co, [1993] 78 Comp Cas 738 ; [1992] Crl LJ 4048 (AP), Rakesh Nemkumar Porwal v. Narayan Dhondu Joglekar [1993] 78 Comp Cas 822 ; [1993] Crl LJ 680 (Bom), Voltas Ltd. v. Hiralal Agarwalla [1991] 71 Comp Cas 273 ; [1991] Crl LJ 609 (Cal) and Arjun Marik v. State of Bihar [1994] 1 KLT 33 (SN) (Case No. 32), the decision of the Division Bench in N.C. Kumaresan's case [1992] 74 Comp Cas 848 ; [1991] 1 KLT 893 requires reconsideration. The conflict settled by N.C. Kumaresan's decision was between th...
Poornasree Agencies Vs. Universal Enterprises and anr.
Court: Kerala
Decided on: Jan-06-1995
Reported in: 1995(2)ALT(Cri)231; [1995]83CompCas66(Ker)
B.M. Thulasidas, J. 1. The petitioner is the accused in S. T. No. 2077 of 1993 of the Additional Chief Judicial Magistrate Court, Ernakulam. In the complaint filed by the first respondent commission of an offence under Section 138 of the Negotiable Instruments Act, 1881, had been alleged against him who is the proprietor of Poornasree Agencies. Towards the debt that was allegedly due a cheque dated February 7, 1993, for Rs. 5,011.50 was issued by the petitioner to the respondent on February 7, 1993. It was presented for collection through the State Bank of India, Perumanoor branch, on May 14, 1993, and on June 2, 1993, he had information from the bank that the cheque had been dishonoured for want of sufficient funds. Thereupon, the first respondent sent a demand notice dated June 7, 1993, which the petitioner received on June 9, 1993, but failed to make the payment. Thereupon, annexure 'A', complaint, was filed on July 26, 1993, of an offence under Section 138 of the Negotiable Instrum...
Ammini Jose Vs. Government of Kerala
Court: Kerala
Decided on: Jan-06-1995
Reported in: 1995CriLJ2245
K.T. Thomas, J.1. Petitioner's husband is under detention now pursuant to a detention order passed by the Government of Kerala under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short the Act) on 19-7-1993. Petitioner's husband (hereinafter referred to as the detenue) was taken into custody on 27-7-1993, but he escaped from it on 29-12-1993. However, the authorities nabbed him again and he is now in detention. It appears that the representation made by the detenu was rejected by the Government. Now his wife has filed this Original Petition for a writ of habeas corpus on the ground that the detention is unlawful.2. The following is the short summary of the facts which led to the detention order:Superintendent of Customs searched one of the rooms of a tourist house at Thiruvananthapuram and recovered two packets of 'Hashish Oil' from underneath a mattress. They came to know after interrogation of the occupant of the room that...
Lokesh Vs. Lekha Lokesh
Court: Kerala
Decided on: Jan-05-1995
Reported in: 1995(2)ALT(Cri)495; II(1995)DMC75
K.P. Balanarayana Marar, J.1. The order of Chief Judicial Magistrate, Kasaragod awarding maintenance to respondent and confirmed by the Sessions Court in revision is challenged in this Crl. Miscellaneous Case.2. Respondent moved the Magistrate by M.C. No. 22 of 1991 claiming maintenance at the rate of Rs. 500/- per month alleging that petitioner who had married her on 28.12.1986 had left her at her house and had refused and neglected to maintain her. Petitioner resisted the claim on various grounds. He contended that respondent was a woman of weak intellect and the marriage was null and void for mat reason. He further contended that an important ceremony, 'Dhara ceremony', was not conducted and the marriage was thus void for that reason. He disclaimed liability to pay maintenance and questioned the correctness of the amount claimed. The Magistrate on an appreciation of the evidence on both sides found petitioner liable to pay maintenance and directed him to pay a sum of Rs. 300/- per m...
Lokesh Parameswar Uchil Vs. Lekha Lokesh Uchil
Court: Kerala
Decided on: Jan-05-1995
Reported in: 1995CriLJ1661
ORDERK.P. Balanarayana Marar, J.1. The order of Chief Judicial Magistrate, Kasargod awarding maintenance to respondent and confirmed by the Sessions Court in revision is challenged in this Crl. Miscellaneous case.2. Respondent moved the Magistrate by M.C. No. 22 of 1991 claiming maintenance at the rate of Rs. 800/- per month alleging that petitioner who had married her on 28-12-1986 had left her at her house and had refused and neglected to maintain her. Petitioner resisted the claim on various grounds. He contended that respondent Was a woman of weak intellect and the marriage was null and void for that reason. He further contended that an important ceremony, 'dhara ceremony', was not conducted and the marriage was thus void for that reason. He disclaimed liability to pay maintenance and questioned the correctness of the amount claimed. The Magistrate on an appreciation of the evidence on both sides found petitioner liable to pay maintenance and directed him to pay a sum of Rs. 300/- ...
Oommen Panicker and ors. Vs. Muthoot Mini Chitty Fund
Court: Kerala
Decided on: Jan-04-1995
Reported in: [1995]83CompCas910(Ker)
Pareed Pillay, Actg. C.J. 1. The defendants are the appellants. The plaintiff filed the suit for realisation of the amount due to the firm, Muthoot Mini Chitty Fund, from the defendants (appellants) towards defaulted subscriptions in four chitties conducted by its Bangalore branch office in the Karnataka State. Overruling the various contentions raised by the defendants, the suit was decreed for Rs. 3,93,000 with interest at 12 per cent. per annum on the principal amount of Rs. 3,10,000 from the date of suit till realisation and costs from them.2. The plaintiff is a partnership firm registered under the Indian Partnership Act. It has its branch office at Bangalore. Chitties are conducted by its Bangalore branch office. The first defendant was a subscriber in four chitties conducted by the said branch office. Defendants Nos. 1 to 3 had jointly executed promissory notes in favour of the plaintiff-firm on September 6, 1979, for Rs. 70,000 and on April 12, 1980, for Rs. 92,500. As the defe...
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