Kerala Court August 2000 Judgments
Jessy Antony Vs. Sonyson
Court: Kerala
Decided on: Aug-16-2000
Reported in: I(2001)DMC298
D. Sreedevi, J.1. Petition under Sections 10, 18 and 19 of the Indian Divorce Act for a decree declaring that the marriage between the petitioner and the respondent is null and void or in the alternative pass a decree for dissolution of the marriage. The petitioner is the wife and the respondent is the husband. Their marriage was solemnised on 12.2.1995 at St. Mary's Church, Palai as per the religious rites and ceremonies prevalent among the members of their community. After marriage they lived together for 11 days.2. It is alleged in the petition that the petitioner's consent for the marriage was obtained by fraud. At the time of marriage she was employed in Vienna in Austria and the marriage was negotiated by the respondent's father in response to the advertisement given by the petitioner's father. Even before the petitioner's arrival in India, the marriage was negotiated and settled as insisted by the respondent's parents. It was agreed that the petitioner's father would give Rs. 50...
Tag this Judgment!Antony Zacharias Vs. State Bank of India
Court: Kerala
Decided on: Aug-11-2000
Reported in: (2001)ILLJ1621Ker
M. Ramachandran, J.1. The appellant, petitioner in O.P.No. 9745of 1989-I, while working as an officer of the State Bank of India had been proceeded against by way of disciplinary action culminating in his dismissal by Ext. P-16 dated September 24,1988. He had filed an appeal (Ext. P-17) before the second respondent-Deputy Managing Director (Appellate Authority). Vide communication (Ext. P-18) dated August 10,1989. he had been forwarded a copy of the order of the Appellate Authority. The appellant/petitioner had been informed that the appellate authority did not propose to interfere with the dismissal order. The Original Petition had been filed challenging Exts.P-16 and P-18 orders and for consequential reliefs.2. A learned single Judge, who heard the matter, had refused to interfere with the order. According to him, the petitioner had not exercised the control and discipline as was expected of an officer who deals with money belonging to the Bank. It had also been held that the punishm...
Tag this Judgment!Sivaprasad Vs. State Bank of Travancore
Court: Kerala
Decided on: Aug-10-2000
Reported in: [2001(88)FLR1053]; (2001)ILLJ817Ker
Kurian Joseph, J.1. Petitioner in the original petition is theappellant in this writ appeal. While employed asAssistant Manager in Aroor Branch of the firstrespondent-State Bank of Travancore, appellantwas placed under suspension pending enquiry, asper memo dated July 29, 1999, issued by thesecond respondent. Appellant was issued ExhibitP-1 memo of charges and an enquiry was initiatedas per Exhibit P-3 proceedings. Placing relianceon Clause 68(2)(vii) of the State Bank ofTravancore (Officers) Service Regulations,1979, framed by the bank, appellant nominatedone Sri P.N.Sambasivan, Deputy Manager,Region III, S.B.T., Zonal Office, Kozikode, ashis defence representative. However, the thirdrespondent inquiring authority, as per Exhibit P-9letter, declined the appellant request. Exhibit P-9was challenge in the original petition.2. The learned single Judge took note of the submissions of the learned counsel for the bank that it was not possible to relieve Sri Sambasivan for assisting the appe...
Tag this Judgment!Pradeep Leen Vs. State of Kerala
Court: Kerala
Decided on: Aug-08-2000
Reported in: 2002ACJ744
M.R. Hariharan Nair, J.1. The question for consideration is whether for initiating action for execution of an award of the Motor Accidents Claims Tribunal the petitioner-claimant can produce the free copy of the award supplied to him by the Tribunal or whether he should apply for, secure and produce a certified copy of the order.2. The petitioner filed Exh. P-2 E.P. seeking to recover the amounts awarded by the M.A.C.T., Thiruvananthapuram in O.P. (MV) No. 550 of 1993. As per Exh. P-3 order the Tribunal found that no certified copy of the award sought to be executed was produced by the petitioner and as such Exh. P-2 was not maintainable. The petitioner was also directed to produce certified copy of the award within two weeks, failure of which would entail dismissal of the execution petition.3. According to the learned Counsel appearing for the petitioner Exh. P-2 had been filed duly supported by a free copy of the award in question and the Tribunal was not justified in insisting for a...
Tag this Judgment!Kailas Rubber Co. Vs. Inspector of Plantations and ors.
Court: Kerala
Decided on: Aug-04-2000
Reported in: [2001(88)FLR555]; (2000)IIILLJ205Ker
C.S. Rajan, J. 1. The petitioner is a Public Limited Company owning and managing an estate. The petitioner challenges Exhibit P5 order of the first respondent directing the petitioner to pay wages for the national and festival holidays to the workers. These orders have been passed under Sections 3 nd 5 of the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 (hereinafter referred to as 'the Festival Holidays Act'). According to Section 3 of the Festival Holidays Act, every employee shall be allowed in each calendar year a holiday of one whole day on January 28, August 15, May 1 and October 2, and 9 other holidays as the first respondent may specify in respect of any industrial establishment in consultation with the employer and the employees. According to Section 5 of the Festival Holidays Act, every employee shall be paid wages for each of these holidays mentioned in Section 3. There are two Provisos to Section 5. According to the 1 Proviso, if such holiday f...
Tag this Judgment!V. Kunhabdulla and anr. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Aug-03-2000
Reported in: AIR2000Ker376
Narayana Kurup, J.1. The dispute highlighted in this batch of writ petitions which have been referred to us by a learned single Judge relates to the de novo delimitation of wards in the various Grama Panchayats in the State by the State Election Commission (for short 'Election Commission') in the purported exercise of his power under Section 10A of the Kerala Panchayat Raj Act (for short 'the Act') in flagrant violation of his own guidelines and well settled principles of law resulting in upsetting the delimitation of wards ordered by the District Collector -- who is the delegate of the Election Commission -- after an elaborate exercise of local inspection, publication of preliminary notification, final notification, hearing of affected parties etc. Petitioners allege that the Election Commission has done so with the mala fide intention of dancing to the tune of the political parties in power which amounts to gerrymandering and which is objectionable in law. It is, therefore, prayed th...
Tag this Judgment!Chathu Vs. District Labour Officer
Court: Kerala
Decided on: Aug-02-2000
Reported in: [2001(88)FLR837]; (2001)ILLJ993Ker
K.A. Abdul Gafoor, J. 1. An employee in a Printing Press employed by the 2nd respondent in these appeals has filed these writ appeals. He retired from service on superannuation on 30.8.1986. He was issued with Ext. P1 communication (marked in O.P. No. 1679/1991) that he shall receive terminal benefits includes gratuity. But he was not paid the gratuity. He applied to the Controlling Authority as provided for in the Payment of Gratuity Act, 1972 (Central Act). The Controlling authority allowed his application by directing the employer to pay an amount of Rs.15,288/- as Gratuity. The controlling authority computed the gratuity in terms of the Kerala Industrial Employees Payment of Gratuity Act, 1970 (State Act). The employer appealed against the order of the controlling authority. The controlling authority allowed the appeal in part reducing the amount payable towards gratuity as Rs. 9937/- instead of Rs.15,288/-. The appellate order was challenged both by the employer as well as the emp...
Tag this Judgment!income-tax Officer Vs. Balubhai Hemchand Shah
Court: Kerala
Decided on: Aug-02-2000
Reported in: [2000]246ITR677(Ker)
S. Sankarasubban, J.1. The Income-tax Officer, Ward-1, Mattancherry, is the Appellant. The assessee is the Respondent, The assessment year is 1979-80. The assessee's residential premises were searched under Section 132 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') on January 23, 1979. A sum of Rs. 73,118.50 was found in the house of the assessee at the time of search. A statement was recorded. The assessee stated that no part of the said sum of Rs. 73,118.50 was reflected in any books of account maintained either by the assessee or his employer, Gandhi Sons. The amount of Rs. 73,118.50 was found in a steel almira found in the assessee's bedroom. There were two items. The first item of Rs. 9,500 kept in a paper packet, according to the assessee, is out of the sale proceeds of Rs. 12,000 received from his native place, Simar in Gujarat representing the sales proceeds of household articles sold there in November, 1978. He stated that out of this, Rs. 2,500 was spent a...
Tag this Judgment!income Tax Officer Vs. Balubhai Hemchand Shah
Court: Kerala
Decided on: Aug-02-2000
Reported in: (2001)163CTR(Ker)465
S. Sankarasubban, J.The Income Tax Officer, Ward-1, Mattancherry, is the revenue. The assessee is the respondent. The assessment year is 1979-80. The assessee's residential premises was searched under section 132 of the Income Tax Act (hereinafter referred to as 'the Act') on 23-1-1979. A sum of Rs. 73,118.50 was found in the house of the assessee at the time of search. A statement was recorded. The assessee stated that no part of the said sum of Rs. 73,118.50 was reflected in any books of accounts maintained either by the assessee or his employer M/s Gandhi Sons. The amount of Rs. 73,118.50 was found in a steel almirah found in the assessee's bedroom. There were two items. First item of Rs. 9,500 kept in a paper packet, according to the assessee, is out of the sale proceeds of Rs. 12,000 received from his native place, Simar in Gujarat representing sales proceeds of household articles sold there in November, 1978. He stated that out of this, Rs. 2,500 was spent and the balance was kep...
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