Kerala Court April 1995 Judgments
Johny Chandy and ors. Vs. Catholic Syrian Bank Ltd. and ors.
Court: Kerala
Decided on: Apr-25-1995
Reported in: AIR1995Ker362; [1995]84CompCas520(Ker)
P.K. Balasubramanyan, J.1. The plaintiffs are the appellants. They are the share-holders of the Catholic Syrian Bank Ltd., hereinafter called the bank. The Board of Directors of the bank resolved on 1-8-1994 by Ext. B18, to call the 73rd Annual General Meeting of the Bank on 28-9-1994. Ext. A21 notice dated 18-8-1994 was issued to the share-holders in that behalf. On 12-9-1994 a special notice invoking Sections 284 and 190 of the Companies Act,. 1956 was given by three of the share-holders, of an ordinary resolution to remove three of the members of the Board of Directors and proposing to elect in their stead, three other members as Directors. The notice is marked as Ext. B16 and the resolutions for removal of defendants 9, 10 and 11 are marked as Exts. A23 to A25. Exts. A23 to A25 wre sent along with Ext. B 16. The resolutions also proposed that plaintiffs 3 to 5 be elected in place of the Directors proposed to be removed. The said members also forwarded the said resolution to the mem...
Tag this Judgment!C.A. James, Carpenter Grade-i, Dry Dock, CochIn Port Trust and anr. Vs ...
Court: Kerala
Decided on: Apr-21-1995
Reported in: [1996(73)FLR1222]; (1996)IILLJ839Ker
K.G. Balakrishnan, J.1. Petitioners are Class IV employees working in the Cochin Port Trust. Both the petitioners ere initially appointed on casual basis on April 25, 1979. First petitioner was absorbed as carpenter with effect from February 10, 1981 and 2nd petitioner was absorbed in the same category with effect from September 5, 1981. Petitioners alleged that as per recruitment rules they are entitled to be promoted as L.D.Clerks and 20% of the existing vacancies are to be filled up by promoting the persons working in the lower category. Petitioners have passed S.S.L.C. and they are qualified to be promoted as L.D.Clerks. According to petitioners, seniority is to be counted from the date of initial appointment as casual labourer. Petitioners were asked to appear for an interview on August 12, 1993. There were seven vacancies and ten persons were called for interview. Later, the interview scheduled on August 12, 1993 was postponed and attempts are being made to promote the persons wh...
Tag this Judgment!Mathewkutty and anr. Vs. State of Kerala and anr.
Court: Kerala
Decided on: Apr-21-1995
Reported in: 1995CriLJ3293
ORDERK.P. Balanarayana Marar, J.1. The short question for consideration is whether the period of six months prescribed under sub-section (6) of Section 116 of the Code of Criminal Procedure commences from the date of appearance of both parties to the enquiry proceedings or from the date of starting of recording of evidence.2. Petitioners are counter-petitioners in M. C. No. 25 of 1995 before Sub-Divisional Magistrate, Palai. The proceedings were initiated by the Magistrate on the basis of the report submitted by the Sub-Inspector of Police, Erattupetta on 4-8-1994, that the counter-petitioners therein (petitioners herein) are likely to commit breach of peace in the locality, disturb public tranquility and do wrongful acts that may cause a breach of the peace in and around the area of Panichipara kara in Poonjar Nadubhagam village of Meenachil Taluk. By Ext. P2 order dated 25-8-1994, the Sub-Divisional Magistrate directed the counter-petitioners to appear before him at Palai on 8-9-1994...
Tag this Judgment!Muhammed Sajeed K. Vs. the State of Kerala
Court: Kerala
Decided on: Apr-21-1995
Reported in: 1995CriLJ3313
ORDERK.P. Balanarayana Marar, J.1. The question that arise in this case relates to the jurisdiction of the Kerala Police to conduct investigation against petitioner, an Indian citizen, in respect of some offences alleged to have been committed by him in the United Arab Emirates. That question arises in the context of Section 4 of the Indian Penal Code and Sections 4 and 188 of the Code of Criminal Procedure.2. Petition alleges that petitioner was employed in Fursan Travel and Tourism. Riyad. U.A.E.. since September. 1993. The job was on a contract basis for a period of one year and extended by three months. After that period the contract was not renewed and the employment was terminated. Petitioner had to return to this country in December. 1994. A complaint was presented before the Deputy Inspector General of Police, Kottayam by one Mohammed Haneefa alleging that petitioner had misappropriated 1077 Riyals (Rs. 8.41.488/-) and Mohammed Haneefa had to pay the amount to the employer of p...
Tag this Judgment!B. Sundaresan Vs. State of Kerala and ors.
Court: Kerala
Decided on: Apr-18-1995
Reported in: AIR1995Ker307
ORDERD.J. Jaganadha Raju, J. 1. This batch of 10 Original Petitions are filed questioning the constitutional validity of several of the provisions of the Kerala Raw Cashew Nuts (Procurement and Distribution) Act, 1981 (Act 14/81), hereinafter referred to as 'the Act'. In O.P. Nos. 3267, 1364 and 6080 of 1994, the validity of the entire Act is challenged, and it is claimed that the entire Act should be struck down. It is contended that if several of the provisions which are unconstitutional are struck down, the remaining portion of the Act cannot stand. Hence the entire Act has to be declared as unconstitutional and invalid. In O.P. Nos. 3545/90, 1704/91 and 12189 of 1994, the main attack is against certain provisions of the Act which are considered to be arbitrary and unconstitutional. There is also a prayer to declare the entire Act as invalid and ultra vires the provisions of the Constitution. In O.P. No. 9506/92 the attack is against the constitutionality of Sections 4, 5, 19, 20 an...
Tag this Judgment!C. Sivanandan Vs. State of Kerala and ors.
Court: Kerala
Decided on: Apr-18-1995
Reported in: AIR1995Ker354
ORDERB.N. Patnaik, J.1. The petitioner, who is an 'A' Class contractor, has prayed for issue of a direction to respondents 3 to 7 to supply tender forms to him so as to enable him to participate in the process of submission of tenders and quote his rates and to consider his tenders in a just and fair manner by quashing Exts. P7 to P9 letters by which his pre-qualification application was rejected. He has also prayed that the selection of eight contractors at the pre-qualification stage to undertake various works should also be quashed.2. The petitioner states that he is a P.W.D. Contractor and had completed a number of major works successfully. Respondents 5 to 7, who are Superintending Engineers of Kallada Irrigation Project, invited pre-qualification applications in January, 1994 for the following works :--(i) Formation of Oachira Distributory from Ch.0 to 4735 m including CD works-Part I 0m to 154 0m. The estimate cost of the work was 105 lakhs.(il) Formation of Oachira Distributory...
Tag this Judgment!K.T. Mathew Vs. Registrar of Co-op. Societies and ors.
Court: Kerala
Decided on: Apr-10-1995
Reported in: (1996)IIILLJ1216Ker
Pareed Pillay, C.J.1. Appellant is the petitioner in O.P 4759 of 1995. He filed the Original Petition to quash Ext P-2 order of the Registrar of Co-operative Societies (first respondent). He also seeks a direction to the first respondent to consider Ext.P-1 arbitration case after hearing him and the respondents in Ext.P-1. The learned Single Judge dismissed the Original Petition holding that Ext.P-1 is in the nature of an appeal and cannot be said to be a dispute required to be settled by the Registrar under the provisions of Section 69 of the Kerala Co-operative Societies Act.2. This is a case where Managing Director (3rd respondent) accepted the finding in the enquiry report and decided to impose punishment of withholding of two increments with cumulative effect. Appellant was asked to submit his explanation against the proposed punishment within 15 days of receipt of the above proposal. His explanation was considered He was also heard on October 16, 1992 As the explanation was found...
Tag this Judgment!T. Krishnan Unni Vs. Chairman and Managing Director
Court: Kerala
Decided on: Apr-10-1995
Reported in: (1996)IILLJ1072Ker
ORDERD.J. Jagannadharaju, J.1. This original petition is filed by two direct recruits who joined as Junior Engineers on April 7, 1993 and on August 29, 1983 in the service of the first respondent. They were in the scale of Rs. 820-1480. First respondent issued Ext.P1 Circular dated September 26, 1985 proposing to extend the grade of Rs. 960-1710 to those who were in the scale of Rs. 820-1480 as on January 1, 1984. The employees were given an option.The petitioners exercised the option and both the petitioners were granted the scale of Rs. 960-1710 under Exts.P2 and P3 orders dated December 11, 1985. Subsequently by communication dated February 27, 1986 the petitioners were informed that they were not eligible for the option to come to the scale of Rs. 960-1710. Exts.P4 and P5 were the orders under which they were informed. The re-fixation of salary made byP2 and P3 orders were cancelled. Representations were made to the Joint General Manager to reconsider the matter. Subsequently repre...
Tag this Judgment!Mani Vs. Geethamani
Court: Kerala
Decided on: Apr-10-1995
Reported in: II(1996)DMC128
K.B. Balanarayana Marar, J.1. Petitioner is the husband of the first respondent. Claiming maintenance the first respondent moved Judicial First Class Magistrate, Ranni under Section 125 of the Code. Alongwith that petition she filed C.M.P. 6300/94 under Section 93 Cr.P.C. for the issue of a search warrant to recover the movables allegedly owned by her and illegally detained by petitioner and his brother. The Magistrate issued a search warrant and all the household articles were taken by the police. Petitions were filed for return of the articles by petitioner and the first respondent. The Magistrate by a common order passed on those applications and C.M.P. 6300/94 directed the articles to be given in interim custody to the first respondent on certain conditions. That common order, a copy of which is Annexure-B is challenged in this petition under Section 482 of Cr.P.C.2. Heard Counsel on both sides.3. The first respondent had moved the Magistrate under Section 125 of the Cr.P.C. claimi...
Tag this Judgment!V.S. Damodaran Nair and anr. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Apr-07-1995
Reported in: AIR1996Ker8
Shanmugam, J.1. Since the issues involved in these original petitions are of great importance viewed from any angle, the matter was referred, according to the learned Judge, to be decided by a Bench of this Court by order dated 15-2-1991. Therefore the matter was posted before the Division Bench.2. O. P. No. 6041 of 1981 was filed praying for the issue of a writ of mandamus to direct the 1st respondent to constitute a committee of experts to study the reasons for the poisonous fog formation in Cochin City and to suggest remedial measures. Learned single Judge by order dated 26-2-1986 directed the National Environmental Engineering Research Institute (NEERI) to investigate the air pollution within the city and surrounding areas and further called for reports from NEERI for any remedial measures and specifications envisaged for preventing air pollution. The NEERI submitted their final report on 29-8-1990. The learned single Judge by order dated 21-12-1990 after considering the final repo...
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