Kerala Court July 1995 Judgments
P. Gangadharan Pillai Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jul-31-1995
Reported in: II(1995)ACC523; AIR1996Ker71
ORDERK.K. Usha, J.1. Petitioner is the proprietor of a vegetarian hotel by name 'New Ananda Bhavan' at Kalvathy Road, Fort Cochin. It is alleged that he had been running the said hotel for about last more than 20 years. Petitioner claims that his hotel is reputed as a good vegetarian hotel catering to the needs of people belonging to all walks of life, particularly to those in the middle class and employees working in Fort Cochin area. On account of the goodwill that could be acquired by him during the last about 20 years, his business had been prospering. Petitioner contends that he suffered substantial loss on account of the mob attack on his hotel and the looting which took place on 16-10-1990 which could have been prevented if appropriate and timely action had been taken by the respondents. He, therefore, seeks a writ of mandamus directing the respondents to compensate the petitioner to the extent of Rs. 86,000/- for the wanton destruction of property and loss of business of the pe...
Tag this Judgment!Moideen Vs. Gopalan
Court: Kerala
Decided on: Jul-31-1995
Reported in: 1996ACJ139; (1996)ILLJ1027Ker
Thomas, J 1. A wood cutter had a fall from a tree which he was culling down for its timber But that fall transformed him as a paraplegic since the injury sustained by him had involved his spinal cord. He made a claim on the appellant under the provisions of the Workmen's Compensation Act (for short 'the Act') contending that the accident happened in the course of his employment. The Commissioner under the Act (for short. The Commissioner') awarded nearly half a lakh of rupees to the claimant. Appellant is challenging the award in this appeal.2. The tragedy occurred on August 24, 1990. The claimant was aged 35 then. His wife and three tiny children were depending on him for their livelihood, but now he depends on them even for answering the nature's call. Appellant did not dispute that the claimant had fallen from the tree and that devastating catastrophe had bafalien him. But appellant disclaims liability in this matter on the contention that the victim was not engaged by him at all.3....
Tag this Judgment!Asokan Vs. the Deputy Collector (Rr), Collectorate, Ernakulam and anr.
Court: Kerala
Decided on: Jul-28-1995
Reported in: AIR1996Ker98
Pareed Pillay, C.J.1. Petitioner had entered into an agreement with one Joseph on 20-12-1967 for prawn fishing operations. The period of the agreement was three months. The agreement along with other documents were produced in O.S. No. 2450/1984 of the Sub Court, Ernakulam by the second respondent (plaintiff in that suit). In that suit petitioner was not a party. The document was impounded by the Sub Judge by order dated 31-12-1985 and it was sent to the District Collector for realisation of stamp duty and penalty. The Deputy Collector (first respondent) issued notice to the executants of the agreement. He found that the document is a bond as defined under Section 2(a) of the Kerala Stamp Act. On finding that Rs. 550/- is the stamp duty recoverable deficit stamp duty of Rs. 546.50 and a penalty of Rs. 5/- was ordered to be paid under Section 39(1).2. Contention of the petitioner is that he was not a party to O.S. No. 245 of 1984, that he did not produce the document, that the period of...
Tag this Judgment!Mrs. Kadeeja, W/O. Cheerangan Ismail Vs. the State of Kerala and ors.
Court: Kerala
Decided on: Jul-28-1995
Reported in: 1996(2)ALT(Cri)377; 1996CriLJ132
P. Shanmugam, J.1. Petitioner is the wife of the detenu detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act'). The petitioner has prayed for the issue of a writ of habeas corpus to produce the detenu before this Court and setting him at liberty and for the issue of a writ of certiorari to quash the detention order (Ext. P.1) and declaration (Ext. P5).2. On 4-1-1992 the Superintendent of Customs, Malappuram and his party intercepted ambassador car bearing registration No. KRM 5176 near Angadipuram leading to the recovery of 18 gold biscuits besides other recoveries. The detenu and other co-accused were arrested by the Customs Officer on 5-1-1992 under Section 104 of the Customs Act and ultimately leading to the passing of the detention order by the Government of Kerala dated 4-8-1992 (Ext. P1) under Section 3(1)(iii) of the COFEPOSA Act. The Government of India passed an order of declaration (Ext....
Tag this Judgment!Sujir Ganesh Nayak and Co., Quilon Vs. National Insurance Co. Ltd., Ca ...
Court: Kerala
Decided on: Jul-27-1995
Reported in: AIR1996Ker49; [1996]85CompCas531(Ker)
Balakrishnan, J.1. This is an appeal preferred by plaintiffs in O.S. No. 105/ 80 on the file of Sub-Court, Quilon against the dismissal of the suit filed for realisation of money due under a contract of insurance. The appellant is a registered partnership firm carrying on import, manufacture and export of cashew nuts. Its Head Office is at Quilon and there are four factories situated at Kunnikode, Mulavana, Perumpuzha and Ayathil. The appellant entered into two contracts of insurance with the first respondent National Insurance Co., Ltd., The period of the first policy was original for a period of twelve months from 1-11-1976 and the second policy was for a period of twelve months from 2-5-1977. These two policies were fire policies both containing 'riot and strike endorsement'. During the months of January and February 1977, there was no work in the factories owned by the appellant due to non-availability of raw cashew-nuts. The work could be started only on 10th March, 1977. The work...
Tag this Judgment!Babu Vs. Remesan and ors.
Court: Kerala
Decided on: Jul-26-1995
Reported in: 1996ACJ988
Thomas, J.1. Appellant is aggrieved as the Motor Accidents Claims Tribunal (for short 'the Claims Tribunal') declined to grant interim award envisaged in Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act')2. The facts in brief are these: On the noon of 15-5-1993 some workmen were engaged in loading a goods vehicle KRU 3544. For the safe transportation of the load in the vehicle, a rope was used for tying the load, One of the workmen, in order to make the end of the rope reach the other side of the vehicle, threw it up but accidently the rope, which was wet in the rain, became suddenly live from the electricity transmitted through a 66 K.V. high tension wire drawn above that place. In a trice all the workmen engaged in the loading exercise were electrocuted and they sustained severe burn injuries from the high voltage power passed through them. Appellant sustained such amount of burns on his right hand that the said hand had to be amputated. He fifed a claim petition befor...
Tag this Judgment!Ganeshan Vs. State of Kerala
Court: Kerala
Decided on: Jul-26-1995
Reported in: (1996)ILLJ1142Ker
K.K. Usha, J.1. Petitioner was granted appointment as Lower Division Typist in the Agricultural Income Tax and Sales Tax Department, Thrissur District under Ext.P5 order dated June 18, 1994 subject to the conditions contained in the relevant Government orders. Thereafter the petitioner made a representation for granting him a category change as Lower Division Clerk. This request was rejected under Ext.P9 order dated February 25, 1995, which is under challenge in the original petition.2. Petitioner's father G. Subramanian Potty died in harness on February 23, 1992 while working as Sales Tax Officer under the service of the 1st respondent. The petitioner thereupon submitted an application to the 1st respondent on May 22. 1992 for appointment under the dying in harness scheme. He had passed B.Sc. Degree examination at the time of application. His request was to appoint him as an Assistant Sales Tax Officer. The representation was returned under Ext.P1 letter pointing out that under G.O. (...
Tag this Judgment!K.P. Antony, santhosh, Calicut Vs. Thandiyode Plantations (Private) Lt ...
Court: Kerala
Decided on: Jul-20-1995
Reported in: AIR1996Ker37
Pareed Pillay, C.J.1. Company petition was filed under Section 155 of the Companies Act, 1956 (for short 'the Act') to rectify the register of shares of the first respondent-Company and to include petitioner's name as the joint holder of the shares registered in the names of respondents 2 and 3 and for consequential orders. Case of the petitioner is that he and respondents 2 and 3 had entered into an agreement in Nov. 1973 to acquire all the shares of the company and that respondents 2 and 3 in violation of the agreement acquired the shares and got it registered in their own names. The Company Court dismissed the petition holding that petitioner has no case that he had applied to the company for registration in the manner specified by the statute as transferee of its shares and that in the proceedings under Section 155 of the Act the direction regarding registration of a transfer cannot be granted overlooking the statutory prescriptions regarding the mode of transfer. The learned Judge...
Tag this Judgment!Santha W/O Sahadevan Vs. Vasu S/O Chami, Muthalamada and ors. Etc.
Court: Kerala
Decided on: Jul-20-1995
Reported in: AIR1996Ker188
Thomas, J.1. A question of law has been mooted in this appeal, whether Section 41(b) of the Specific Relief Act, 1963 (for short the Act') would prevent a Court from granting injunction in respect of proceedings pending in the same Court. Learned counsel lor the appellant canvassed that the decision in Raghavan v. Sankaran (1992 (2) Ker LT 959) rendered by a Teamed single Judge of this Court is not correct law.2. Appellant is the third defendant in a suit for partition instituted by her two brothers-in-law. The impugned order is a temporary injunction which restrains the appellant from proceeding with an earlier suit filed by her (O.S. No. 104/86) in the same Court. More facts are these :3. Suit properties belonged to the father-in-law of the appellant (Chami by name) who died in 1978. Chami was survived by his widow and four children. Appellant is the widow of Sahadevan, one of the sons of Chami. (Sahadevan died in 1984). Appellant filed O.S. No. 104/86 in the Sub-Court, Palakkad agai...
Tag this Judgment!Giji S/O Sebastian Vs. A.K. Gopinathan Nair
Court: Kerala
Decided on: Jul-13-1995
Reported in: 1996CriLJ140
ORDERN. Dhinakar, J.1. This petition is filed to set aside the order of the Judicial First Class Magistrate-II, Aluva, (Annexure-8) granting interim custody of the vehicle KBE 1503 to the respondent in this petition.2. The case of the petitioner is that he entered into a contract of sale of the said bus KBE 1503 which was owned and possessed by the respondent for' an amount of Rs. 2,65, 000/- and the contract of sale was entered into between the petitioner and the respondent on 10-5-1994 and the terms and conditions were reduced into writing; and the said contract is filed as Annexure-I. A sum of Rs. 1,25,000/- was paid to the respondent and the balance amount was to be paid within six months as per the terms of the contract. As per the terms of the contract the possession of the bus was entrusted to the, petitioner along with all the documents including the registration certificate of the bus and the permit for plying the bus. According to the petitioner when the matter stood thus, th...
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