Kerala Court January 1997 Judgments
Thankappan Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Jan-27-1997
Reported in: 1997CriLJ1538
ORDERK.A. Abdul Gafoor, J.1. The petitioner is the lather of deceased Gopi. Admittedly he died while in police custody on 6-10-1988. The petitioner has approached this Court seeking a direction to investigate his death through the Central Bureau of Investigation and also for a direction seeking a compensation of Rs. 5,00,000/- to the petitioner and his wife, parents of Gopi who died while in police custody.2. The petitioner submits that his son was a member of the Democratic Youth Federation of India. He had due to some difference of opinion dissociated from that organisation. He was also a good Kabadi player and his remarkable performance in the game had resulted in some unhappy relationship between him and some police personnel on 4-10-1988 three police constables, attached to the Sherthallai Circle Inspector's Office came to (he petitioner's house in search of his son Gopi. They told the petitioner that Gopi was wanted by the Circle Inspector to be questioned in connection with some...
Tag this Judgment!Sri Chithira Aero and Adventure Club, Trivandrum Vs. the Director Gene ...
Court: Kerala
Decided on: Jan-24-1997
Reported in: AIR1997Ker121
ORDERP.A. Mohammed, J. 1. This writ petition has been filed by an Aero and Adventure Club by name 'Sri Chithira Aero and Adventure Club, Trivandrum' challenging certain provisions contained in Exts. P4 and P5 directions issued by the Civil Aviation Department of the Government of India. The club is registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, 1955 on 26-8-1992. The main object of the club is to promote areo sports by use of hand gliders and powered hang gliders, microlight and ultra light flying, para sailing and aqua sports activities. It claimed to be the Kerala Chapter of National Adventure Foundation, New Delhi, which is the National Apex Body to promote adventure. It is how in possession of one powered hang glider and four micro-lights. Subsequent to the registration of the club, it was granted permission to operate the flights by Airport Director, National Airport, Trivandrum by Ext. P2 order on 14-11-1992. Thereafter, by Ext. P3 certif...
Tag this Judgment!Commissioner of Wealth-tax Vs. Rama Varma Club
Court: Kerala
Decided on: Jan-24-1997
Reported in: [1997]226ITR898(Ker)
Mrs. K. K. Usha, J. 1. These references are at the instance of the Revenue under Section 27(1) of the Wealth-tax Act, 1957. They relate to the assessment years 1981-82 to 1983-84. The common question referred by the Income-tax Appellate Tribunal, Cochin Bench, for the opinion of this court is as follows : ' Whether, on the facts and in the circumstances of the case and for the reasons stated in paragraph 12 of its order, the Tribunal is right in holding that the provisions of section 21AA of the Wealth-tax Act which is sought to be invoked by the Revenue for the assessment years 1981-82 to 1983-84 would not be applicable to the facts of the present case and is not the above approach, finding and decision wrong and based on irrelevant arid unwarranted facts, circumstances and considerations (highlighted in paragraph 12 of its order) ?' 2. The facts in brief are as follows : The assessee--Rama Varma Club-was founded as early as in the year 1897, in the former native State of Cochin durin...
Tag this Judgment!K.S. Narayanan Nair Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jan-17-1997
Reported in: 1997CriLJ1653
ORDERG. Rajasekharan, J.1. A Petition under Article 226 of the Constitution for the issuance of :'(i) a writ of quo warranto or any other appropriate writ, direction or order ousting the 6th respondent from the office of the Public Prosecutor and respondents 7 to 11 from the office of Additional Public Prosecutor for Thiruvananlhapuram District;(ii) Such other and further reliefs as this Honourable Court may deem fit and proper to grant in the circumstances of the case.'2. The 6th respondent was appointed as Public Prosecutor and respondents 7 to 11 as Additional Public Prosecutors for Thiruvananthapuram District. None of them is now functioning as Public Prosecutor or Additional Public Prosecutor; many have resigned and the services of the others were terminated by the Government.3. The appointments were made by the Government under Section 24 of the Criminal Procedure Code and Rule 8 of the Government Law Officers (Appointment and Conditions of Service and Conduct of Cases) Rules, 19...
Tag this Judgment!Mercantile Credit Corporation Ltd. and anr. Vs. K. Sathyan
Court: Kerala
Decided on: Jan-16-1997
Reported in: AIR1997Ker276
ORDERB.N. Patnaik, J. 1. The counter petitioners in O. P. (Pauper) No. 3/86 on the file of the Principal Sub Court, Trivandrum have preferred this revision against the order dated 16-3-1995 by which the application by the respondent herein to file a suit as an indigent person under Order 33 of the Code of Civil Procedure (for short 'C. P.C.') was allowed. The respondent herein filed the petition to permit him to file a suit as an indigent person for recovery of damages on account of theft of his vehicle alleged to have been committed by the petitioners herein. The suit is valued at Rs. 4,08,000/-. The court-fee payable thereon is Rs. 40,780/-. He pleaded that he has no sufficient means to pay the court-fee. 2. The Court below held that the applicant (the respondent herein) has no sufficient means to raise the required funds to pay the court-fee. He rejected the contention of the petitioners herein that the application is not maintainable. 3. Learned counsel for the petitioners contende...
Tag this Judgment!Regional Director, Esi Vs. T.K. Bhaskaran
Court: Kerala
Decided on: Jan-15-1997
Reported in: (1997)ILLJ851Ker
Usha, J.1. Appeal is at the instance of Employees' State Insurance Corporation challenging the judgment in I.C.No.6 of 1985 of the Employees' Insurance Court, Alleppey. Respondent herein challenged before the court below proceedings initiated by the appellant under Section 85B of the Employees' State Insurance Act claiming damages to the extent of Rs. 3,921/- for the delayed payment of contribution for the period ended on September 1976, March 1977, September 1977, November 1977, January 1978, March 1978, May 1978, September 1978, November 1978 and January 1979. The Employees' Insurance Court found that there was no delay in paying the contribution and therefore the appellant was not justified in assessing the j damages. It is this finding that is under challenge in this appeal.2. The relevant facts are as follows:- The respondent was a contractor of Toddy Shop Nos. 6 and 7 at Alleppey Range. When the appellant took steps to cover the two toddy shops by combining them, the respondent c...
Tag this Judgment!Jose Joseph and anr. Vs. Syndicate Bank, Sreekandapuram Branch
Court: Kerala
Decided on: Jan-15-1997
Reported in: 1997(1)ALT(Cri)386; 1997CriLJ1543
T.V. Ramakrishnan, J.1. At the lime when the appeal came up for admission the maintainability of the appeal before this Court was challenged by the learned counsel for the respondent who has entered appearance on receipt of notice in the petition for condonation of delay. It was submitted that the appeal ought to have been filed before the District Court as per the provisions contained in Section 341 of the Code of Criminal Procedure read along with Section 195 Cr. P. C. As the objection relates to the maintainability of the appeal, we have heard the counsel on both sides on that question before considering the question of admissibility of the appeal.2. The order challenged in this appeal is one passed under Section 340 Cr. P. C. directing a complaint to be forwarded to the concerned First Class Magistrate Court. The appellants are aggrieved by the said order and have preferred this appeal under Section 341 Cr. P. C. The appellants have a right of appeal against the order is not in dis...
Tag this Judgment!State of Kerala and anr. Vs. N.E. Thomas
Court: Kerala
Decided on: Jan-14-1997
Reported in: AIR1997Ker126
Mohamed Shafi, J. 1. The M.F.A. is filed by the defendants in O.S. No. 303/82 on the file of the Subordinate Judge's Court, Tellicherry challenging the judgment dated 20-12-1986 referring the disputes involved in this case to an arbitrator for adjudication. 2. C.R.P. No. 444/1989 is filed by the plaintiff in the same suit challenging the quantum of remuneration of the arbitrator fixed by the Court. 3. It is the common case that an agreement was entered into between the respondent-plaintiff and the appellant-defendants on 3-1-1979 to execute certain contract work which was to be completed on 4-9-1979. The site was handed over to the respondent on 5-1-1979. The work was completed on 10-9-1981. The respondent-contractor contended that the delay in completion of the work was due to the negligence and inaction on the part of the appellants. But the appellants have contended that the delay in the execution of the work was due to the intentional laches and negligence on the part of the respon...
Tag this Judgment!K.R. Sukumaran Nair Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jan-14-1997
Reported in: (1997)IILLJ136Ker
K.A. Abdul Gafoor, J. 1. The petitioner has approached this Court challenging Exts.P4 and P10 declining his request for correction of his date of birth in Service Book as well as in School records. 2. The date of birth of the petitioner as entered in the S.S.L.C. Book is 13.11.11 l1(ME). This was carried over to his service book when it was opened on his entry in service. 3. While continuing in service, the petitioner could know that there was a mistake in the date of birth in his school records as well as in Service records. He submits that the actual date of birth is 14.11.1112(ME). Seeking correction the petitioner made an application on June 25, 1986 to Government. In that the petitioner applied for the correction of the date of birth in service records. The petitioner produced Ext.P3 certificate in support of this claim. That is the birth certificate issued to the petitioner. His request was rejected in Ext. P4. The petitioner was informed in Ext.P4 that only after correcting the ...
Tag this Judgment!Niyamakendram, Blue Mount Buildings, Kochi Vs. Secretary, Corporation ...
Court: Kerala
Decided on: Jan-10-1997
Reported in: AIR1997Ker152
ORDERK. Narayana Kurup, J. 1. Our nation framed its innovative and creative use of dung has now become producers of the dengue. The epidemic that recently took a heavy toll of precious lives in Surat which was soon followed by deaths caused by the dengue carrying mosquitoes of Delhi should serve as ominous portents of what is in store for us, Kochinites in Kerala. Kochi is no doubt famous for its backwaters and legoons -- it is equally notorious for its nasty gutters and stagnant ponds which breeds mosquitoes in plenty. The mosquito is no respector of persons and has been indiscriminated in striking the rich and the poor, the learned and the laity, the young and the old, the pretty and the ugly, alike.2. Much could be done by a responsible Local Authority (Corporation) by taking affirmative action on a time-bound basis to mitigate the hardship of the people. However, there is no indication that any tangible action has been programmed to combat the mosquito menace by tackling it on a wa...
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