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Kerala Court September 1999 Judgments

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Sep 09 1999

Mullappally Ramachandran Vs. District Collector, Kannur and anr.

Court: Kerala

Decided on: Sep-09-1999

Reported in: AIR2000Ker15

Usha, J.1. Petitioner in O.P. No.22359/ 99 is the appellant. The petitioner is a candidate for election to the Lok Sabha (1999) from No. 2 Cannanore Parliamentary Constituency scheduled to be held on 11-9-1999. The challenge in the original petition was against Ext. P5 proceedings issued by the 1st respondent rejecting petitioner's request to show his name in the ballot paper as 'Mullappally Ramachandrail. He had also prayed for a writ of mandamus directing the 1st respondent to show his name as 'Mullappally Ramachandran in the ballot paper. The learned single Judge before whom the original petition came up for admission dismissed the same in limine. Aggrieved by the above, the petitioner has come up in appeal.2. It is contended by learned counsel for the appellant that the appellant had submitted his nomination paper in the prescribed form before the 1st respondent wherein his name was shown as 'Mullappally Ramachandran'. After scrutiny his nomination was accepted on 20-8-1999. The na...


Sep 08 1999

Mrs. Vilasini Jayaprakash Vs. St. Mary's Finance Ltd.

Court: Kerala

Decided on: Sep-08-1999

Reported in: [2000]99CompCas54(Ker)

K.K. Usha, J. 1. This is an appeal from the order passed by the Company Law Board, Southern Region Bench, Chennai, in an application filed by the appellant. The appellant is a depositor in St. Mary's Finance Ltd. (hereinafter referred to as 'the company'). He made an application under Section 45QA(2) of the Reserve Bank of India Act, 1934 (hereinafter referred to as 'the Act'), contending that the company failed to repay the deposit with interest therein as per the details furnished in the application. The Company Law Board, by its order dated May 24, 1999, took the view that since an application under Section 391 of the Companies Act filed by the company is pending before this court, it would not be appropriate for the Board to pass any order on the application till the disposal of the same. It was observed that if this court sanctions the scheme, then the applicant before the Board would be bound by the scheme and if, for any reason, this court does not approve the scheme, it is open...


Sep 07 1999

Jossy Kondody Vs. Chacko Thomas

Court: Kerala

Decided on: Sep-07-1999

Reported in: 2000(1)ALT(Cri)43; 1999CriLJ4707

K.A. Mohamed Shafi, J.1. This revision is preferred by the complainant in S .T. 254 of 1991 on the file of the Chief Judicial Magistrate's Court, Kottayam challenging the order dated April 12, 1994, dismissing the complaint filed by him as barred by limitation.2. The revision petitioner filed the complaint against the respondent alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The respondent after entering appearance before the lower Court contended that the complaint filed by the revision petitioner is barred by time. The lower Court considered that contention as a preliminary point and after finding that the complaint filed by the revision petitioner was barred by limitation, dropped the case from the file as per the impugned order.3. After the cheque issued by the respondent bounced, the revision petitioner sent a registered notice intimating about the dishonour of the cheque and calling upon him to pay the amount due under the cheque and it was...


Sep 07 1999

M.F. Francis and ors. Vs. Chalakudy Municipality and ors.

Court: Kerala

Decided on: Sep-07-1999

Reported in: AIR2000Ker39

Balasubramanyan, J. 1. The petitioners are owners of small extents of land within Chalakudy Municipality. With a view to take up a detailed town planning scheme restrictions were imposed on the user of the said lands. The petitioners applied for licences to construct houses. They received replies to the effect that the lands are freezed for the purpose of a detailed town planning scheme. The petitioners could not therefore put the lands to the use they wanted to. 2. On 1-11-1975 a notification was issued under Section 8 of the Town Planning Act. The said notification indicated the properties sought to be included in the scheme. The said scheme was approved by the Government under Sub-section (3) of Section 12 of the Town Planning Act. Ext. P2 order dated 6-3-1984 was issued in that behalf. It is the case of the petitioners that as per the said Government order sanction had been granted only as regards the scheme for the purpose of an office complex at Chalakudy. On the scheme of the Ac...


Sep 01 1999

Employees' State Insurance Corporation Vs. K.A. Vijayan and Anr.

Court: Kerala

Decided on: Sep-01-1999

Reported in: [2000]99CompCas31(Ker)

K.A. Mohamed Shafi, J. 1. The complainant in C. C. No, 499 of 1992 on the file of the Judicial First Class Magistrate's Court-I, Thrissur, is the revision petitioner. The revision is directed against the judgment dated July29, 1993, discharging the accused under Section 245(1) of the Criminal Procedure Code, 1973.2. The respondents were prosecuted for the offences punishable under Section 85(a) and (c) of the Employees' State Insurance Act, 1948, alleging that the respondents who are the principal employers of Cheruvan-nur Ceramics at Feroke failed to submit the return regarding the Employees' State insurance contribution in Form No. VI in respect of their employees and failed to pay the Employees' State Insurance contribution in time for the period from April 1, 1990, to September 30, 1990, as provided under Section 40 of the Act read with regulations 29 and 31 of the Employees' State Insurance (General) Regulations, 1950. The lower court after trial found that the complainant has fai...


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