Kerala Court January 1998 Judgments
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Jacob Vadakkancherry and Etc. Vs. the State of Kerala and ors.
Court: Kerala
Decided on: Jan-08-1998
Reported in: AIR1998Ker114
Thulasidas, J. 1. We heard these Original Petitions together since common questions are involved. 2. W.P. (Civil) No. 664 of 1993 was filed by the Indian Council for Enviro Legal Action, a registered voluntary organisation, before the Supreme Court seeking orders or direction regarding the protection of ecology and for preventing irreversible ecological damage of the coastal areas of the country. The main grievance was that the Notification dt. 19-2-1991 which regulated the activities in coastal regulation zones had not been implemented or enforced, that has resulted in continued degradation of ecology in coastal areas. There was also a challenge to the validity of the Notification dt. 18-8-1991, whereby the earlier notification dt. 19-2-1991 was amended resulting in relaxation of certain provisions, which it was said, would defeat its scope and purpose. It was alleged that coastal areas have abundance of natural endowments, are highly complex and have dynamic eco-systems sensitive to ...
Bank of Credit and Commerce International S.A. Vs. V.K. Abdul Rahiman
Court: Kerala
Decided on: Jan-08-1998
Reported in: [1998]92CompCas739(Ker)
B.M. Thulasidas, J. 1. These appeals respectively are by the plaintiff and the first defendant in O.S. No. 227 of 1983 of the Sub-Court, Irinjalaguda. The suit was for recovery of amounts due under an overdraft account the first defendant had with the plaintiff-banking company at its 'New Market Branch', Abu Dhabi. It was shifted to the main branch at Sheikh Khalifa Street, Abu Dhabi, effective from August 4, 1983. The defendants are brothers. The first defendant ran a business under the name and style Elite. Stores, which was subsequently changed as Elite Super Market. The second defendant had another business under the name Elite Enterprises. In March, 1974, the first defendant opened a current account in the name of Elite Stores and he was allowed different types of credit facilities for his business. He operated the account satisfactorily for some time. But later he became irregular. On April 12, 1980, all his liabilities were adjusted except Dh. 169603.76 that was outstanding unde...
Balakrishnan and ors. Vs. P.V. Mohanan and ors.
Court: Kerala
Decided on: Jan-06-1998
Reported in: AIR1998Ker257
D. Sreedevi, J. 1. This appeal is filed against the decree and judgment in O. S. No. 212 of 1987 of the Additional Sub Court, North Parur. The suit is for declaration of the plaintiffs title over the plaint schedule property and also for a declaration that the decree and execution proceedings in O. S. No. 228 of 1980 are void and also for an injunction against realisation of the decree debt by sale of the plaint property in execution of the decree in O.S. No. 228 of 1980 and for damages. The plaintiff is the appellant.2. The plaintiffs' case in brief is this : The plaint schedule property belongs to the plaintiffs and it is in their possession and enjoyment. The first defendant was the owner of the bus, KRE 4918. He sold the bus to the third defendant. For realisation of the sale consideration, the first defendant filed O.S. No. 228 of 1980 before the Sub Court against the third defendant and obtained an order of attachment before judgment. The third defendant approached the plaintiffs...
ibrahim Othayoth Vs. Sub-inspector of Police and ors.
Court: Kerala
Decided on: Jan-05-1998
Reported in: [1998]232ITR320(Ker)
P.V. Narayanan Nambiar, J.1. The revisions are directed against the judgment in Criminal Appeal No. 126 of 1996, of the Court of Sessions, Kozhikode Division, by which the court set aside the order of the Judicial First Class Magistrate's Court, Kozhikode, and directed the magistrate to release the gold biscuits and currency seized in Crime No. 73 of 1996 of Kasaba Police Station to the appellant Assistant Director of Income-tax, Calicut. The bare minimum facts which are essential for disposing of these revisions are as follows :On getting secret information, the Assistant Commissioner of Police, Calicut, raided house No. 17/1255 at Puthiyara on March 10, 1996, and seized 126 gold biscuits and currency worth Rs. 14,86,500 from the house. Ten persons were arrested on the spot and Crime No. 73 of 1996 was registered by the Kasaba police under Sections 41(d) and 102, Criminal Procedure Code. Out of the 126 gold biscuits, two were seized from the fourth accused and the remaining 124 were s...
ibrahim Othayoth Vs. Sub-inspector of Police and ors.
Court: Kerala
Decided on: Jan-05-1998
Reported in: (1998)145CTR(Ker)162
ORDERP. V. NARAYANAN NAMBIAR, J. :The revisions are directed against the judgment in Criminal Appeal No. 126 of 1996 of the Court of Sessions, Kozhikode Division by which the Court set aside the order of the Judicial First Class Magistrates Court, Kozhikode and directed the magistrate to release the gold biscuits and currency seized in Crime No. 73 of 1996 of Kasaba Police Station to the appellant-Asstt. Director of Income-tax, Calicut. The bare minimum facts which are essential for disposing of these revisions are as follows :2. On getting secret information, the Asstt. Commissioner of Police, Calicut raided house No. 17/1255 at Puthiyara on 10th March, 1996 and seized 126 gold biscuits and currency worth Rs. 14,86,500 from the house. Ten persons were arrested on the spot and Crime No. 73 of 1996 was registered by the Kesaba police under ss. 41(d) and 102 CrPC. Out of the 126 gold biscuits, 2 were seized from the 4th accused and the remaining 124 were seized from the house itself. Cur...
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