Kerala Court October 1995 Judgments
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Alleppey District Consumers Wholesale Cooperative Stores Ltd. Vs. Labo ...
Court: Kerala
Decided on: Oct-13-1995
Reported in: (1998)IIILLJ469Ker
Shanmugam, J.1. Petitioner in the Original Petition is the appellant, a Co-operative Society engaged mainly in the distribution of foodgrains and other rationed articles under the provisions of the Kerala Rationing Order. The dismissal of an employee of the Society (2nd respondent herein) was set aside by the Labour Court in I.D.No. 116/1978 and the learned single Judge declined to interfere in the said award. The appeal is against this judgment.2. Briefly stated the facts of the case are that the 2nd respondent Sri P.B.Jacob was working as the Supervisory Assistant with the appellant-Society. By Ext.P2 proceedings dated December 17, 1976 he was transferred and posted as Branch Manager of Branch No. 17. The 2nd respondent took charge of the Branch and after attending the work till Decembers 1, 1976 closed the Ration Shop in the forenoon of December 31, 1976, without making any arrangements for opening the Ration Shop on January 1, 1977. Finding the Ration Shop closed, the Taluk Supply ...
Paulose Mathai Vs. Joint Regional Transport Officer
Court: Kerala
Decided on: Oct-13-1995
Reported in: 1(1996)ACC319
K.J. Joseph, J.1. Petitioner in this original petition seeks for issuance of a writ of certiorari or appropriate orders to quash Ext. P2 order passed by the Registering Authority, namely; the respondent herein. He also seeks for issuance of a writ of mandamus or order compelling the respondent to assign new registration make for the vehicle PY-03/0586 with the seating vide 45 in all and to endorse the transfer of ownership of vehicle in favour of the petitioner.2. I heard the learned Counsel appearing for the petitioner as well as the learned Counsel for the respondent.3. According to the petitioner, the vehicle in question was orginally registered in the State of Kerala, in Wynad District as KLW 2530. The details of the description of the vehicle had been specified in the registration certificate, copy of which is produced as Ext. P1. It is seen from Ext. P1 that the vehicle has been registered in the State of Kerala on 23.10.1986 and at the time of registration, the ' colour of the b...
New India Assurance Co. Ltd. Vs. Leela and ors.
Court: Kerala
Decided on: Oct-13-1995
Reported in: 2(1997)ACC429
K.K. Usha, J.1. Challenge in this appeal at the instance of New India Assurance Co. Ltd. is against the interim award passed by the Motor Accident Claims Tribunal. Pathanamthitta in O.P. (MV) No. 235 of 1994 granting an amount of Rs. 25,000/-to respondent Nos. 1 to 5 Under Section 140 of the Motor Vehicles Act as compensation for the death of the husband of respondent No. 1r father of respondent Nos. 2 to 4 and son of respondent No. 5.2. Certain facts are admitted in this case. An accident happened on 9.1.1994 out of the use of a motor vehicle which resulted in the death of one Ramchandaran Pillai, husband of respondent No. 1, father of respondent Nos. 2 to 4 and son of respondent No. 5. It is also admitted that a claim has been put forward by respondent Nos. 1 to 5 against the owner of the vehicle impleaded as respondent No. land the Insurance Company impleaded as respondent No. 2. It is contended by the appellant that no interim award Under Section 140 can be granted in this case as,...
The Steel Authority of India Ltd. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Oct-10-1995
Reported in: AIR1996Ker166
Thomas, Ag. C.J. 1. The Steel Authority of India Ltd. (for convenience we would refer to it as 'SAIL' which, is the acronym formed out of the first letters of that authority) moved the Government of Kerala to acquire some areas of land for its use. Accordingly acquisition proceedings were initiated by the Government and reached finalisation when a Land Acquisition Officer has passed award after estimating the market value of the land and other matters relevant for fixing the compensation payable to owners of land. However, the owners of land, not satisfied with such awards, applied for making reference to the Civil Court as provided in Section 18 of the Land Acquisition Act (for short 'the Act'). Thereupon references were made to the Civil Court. Those references were answered and awards were passed by the Civil Court enhancing the market value of the land. But SAIL was not heard by the Civil Court nor did an opportunity afforded to it by the Civil Court to be heard before passing the ...
Poulose Mathai Vs. Joint Regional Transport Officer, Thalassery
Court: Kerala
Decided on: Oct-10-1995
Reported in: AIR1996Ker225
K.J. Joseph, J.1. Petitioner in this original petition seeks for issuance of a writ of certiorari or appropriate orders to quash Ext. P2 order passed by the registering authority, namely; the respondent herein. He also seeks for issuance of a writ of mandamus or order compelling the respondent to assign new registration mark for the vehicle PY-03/0586 with the seating capacity vide 45 in all and to endorse the transfer of ownership of vehicle in favour of the petitioner.2. I heard the learned counsel appearing for the petitioner as well as the learned counsel for the respondent.3. According to the petitioner, the vehicle in question was originally registered in the State of Kerala, in Wynad District as KLM 2530. The details of the description of the vehicle had been specified in the registration certificate, copy of which is produced as Ext. P1. It is seen from Ext. Pl that the vehicle has been registered in the State of Kerala on 23-10-1986 and at the time of registration, the colour ...
Thankappan Vs. State of Kerala and ors.
Court: Kerala
Decided on: Oct-10-1995
Reported in: 1996CriLJ1754
ORDERK.G. Balakrishnan, J.1. The third respondent is in possession of some paddy field in Sy.No. 232/11 of Tripperunthara village. He submitted an application before the Sub-Divisional Magistrate, Chengannur alleging that in the property situated on the eastern side of this property there are various trees and the branches of these trees cast shadow to the petitioner's property and the petitioner is unable to do paddy cultivation in his property. The third respondent filed an application under Section 8 of the Travancore Cochin Public Safety Measures Act. The Sub Divisional Magistrate caused an enquiry through the Village Officer and obtained the report, and he also personally inspected the property. He passed Ext. P4 order directing the petitioner herein to cut and remove the branches of the trees which are casting shadow on the property of the third respondent. Aggrieved by this order the petitioner filed an appeal before the Government of Kerala under Section 21 of the Act. The Gove...
Smt. Lieya and anr. Vs. Kaliappa Chettiar
Court: Kerala
Decided on: Oct-09-1995
Reported in: AIR1996Ker218
ORDER1. The question whether a rent control petition is maintainable against a partnership firm without individual partners in the array of parties is the one that has come up for consideration in this case.2. Eviction Petition was filed under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 against M/s. Kali-appa Chettiar Sons, stated to be a registered partnership firm. Objection was filed by the Managing Partner, representing the firm, stating that the petition framed is not maintainable since there is no provision of law under which a rent control petition can be filed against a partnership firm without all its parties in the array of parties. We will first examine the above mentioned legal question.3. The Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter called the 'Act' is intended to regulate the leasing of buildings and to control the rent of such buildings in the State of Kerala. Section 11 of the Act deals with grounds for eviction of t...
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