Kerala Court December 2003 Judgments
Perumatty Grama Panchayat Vs. State of Kerala
Court: Kerala
Decided on: Dec-16-2003
Reported in: 2004(1)KLT731
K. Balakrishnan Nair, J.1. The point that arises for consideration in this case in whether a Grama Panchayat can cancel the licence of a factory manufacturing non-alcoholic beverages on the ground of excessive exploitation of ground water. The brief facts of the case are the following:-2. The petitioner is Perumatty Grama Panchayat. The 2nd respondent Company is running a factory at Moolathara in Perumatty Grama Panchayat. Its main products are soft drinks and bottled drinking water. The said factory was established after obtaining permission from the Panchayat. It started commercial production in March 2000 after obtaining licence from the petitioner Panchayat. The main raw material used in the manufacture of beverages is water. Substantial portion of the need for water is met by exploiting ground water through bore-wells. The people in the locality raised objection against the exploitation of ground water by the Company. Therefore, the Panchayat passed Ext.P1 resolution on 7.4.2003, ...
Tag this Judgment!Lissie Hospital Vs. Ajayakumar
Court: Kerala
Decided on: Dec-16-2003
Reported in: 2004ACJ2081; 2004(1)KLT344
S. Sankarasubban, J.1. This appeal is filed against the judgment and decree in O.S. No. 81 of 1989 on the file of the Additional Sub Court, Ernakulam. First defendant is the appellant. The suit was filed by the plaintiff-first respondent for damages on the death of his mother. The plaint averments are as follows:2. Deceased V.S. Malathi Vasu is the mother of the plaintiff. She died on the night of 25th September, 1982. According to the plaintiff, Malathi Vasu developed discomfort near the region of her head and hence, she proceeded to the Lissie Hospital along with her husband, who is the third respondent, on 26.7.1982. The Hospital Authorities referred Malathi Vasu to the second defendant, Dr. Saraswathi Thampi, for consultation and examination of her teeth. She was given an out patient attendance card. The second defendant examined Malathi Vasu in detail and she was told that there was a cyst on the lower part of her gum which needed surgical opening. The second defendant removed the...
Tag this Judgment!Lisie Hospital Vs. T.V. Ajayakumar and ors.
Court: Kerala
Decided on: Dec-16-2003
Reported in: II(2004)ACC201
S. Sankarasubban, J.1. This appeal is filed against the judgment and decree in O.S. No. 81 of 1989 on the file of the Additional Sub-Court, Ernakulam. First defendant is the appellant. The suit was filed by the plaintiff-first respondent for damages oil the death of his mother. The plaint averments are as follows:2. Deceased V.S. Malathi Vasu is the mother of the plaintiff. She died on the night of 25th September, 1982. According to the plaintiff, Malathi Vasu developed discomfort near the region of her head and hence, she proceeded to the Lisie Hospital along with her husband, who is the third defendant, on 26.7.1982. The Hospital Authorities referred Malathi Vasu to the second defendant, Dr. Saraswathi Thampi, for consultation and examination of her teeth. She was given an outpatient attendance Card. The second defendant examined Malatahi Vasu in detail and she was told that there was a cyst on the lower part of her gum which needed surgical opening. The second defendant removed the ...
Tag this Judgment!Kuttipuram Service Co-op. Bank Vs. State of Kerala
Court: Kerala
Decided on: Dec-16-2003
Reported in: 2004(2)KLT73
K. Balakrishnan Nair, J.1. The petitioner is a Co-operative Bank. It granted exemption from the prescribed qualifications to two employees working as Peons for promotion to the post of Junior Clerk. The resolution taken in this regard was forwarded to the 3rd respondent for approval. That was rejected by Ext.P1 order. The matter was carried in appeal and the Government, by Ext.P2 order, dismissed the appeal. The order of the Joint Registrar was upheld by the Government, relying on Ext.P3 G.O. It is an order issued on 23.3.1989, prescribing the conditions, subject to which exemption from the prescribed qualifications to the employees of Co-operative Societies under Rule 185 of the Rules ' will be granted. Based on Ext.P2 decision of the Government in appeal, the Joint Registrar issued Ext.P6 order dated 12.11.1997, directing the Bank to revert those two employees within two weeks. In the said order, there was also a direction to show cause, why action should not be taken against the Ban...
Tag this Judgment!South Indian Bank Ltd. Vs. State of Kerala
Court: Kerala
Decided on: Dec-16-2003
Reported in: 2004(3)KLT37
K. Padmanabhan Nair, J.1. Is an order passed by the Rent Controller impounding an instrument produced before him in a proceedings under the Kerala Buildings (Lease and Rent Control) Act one passed under the Rent Control Act or under the Stamp Act? This is the short question that arises for consideration in this Original Petition.2. The petitioner/landlord in R.C.P. No. 28 of 1994 on the file of the Rent Control Court, Trichur, is the petitioner in this Original Petition. The Original Petition is filed for quashing Ext.P3 order passed by the Rent Control Court on 17th July, 1999 directing the petitioner to pay stamp duty and penalty on two letters produced before it holding that both the letters together constitute a lease agreement.3. The petitioner is a Scheduled Bank having its registered office at Trichur. It is having branches at various places including one at Trichur which is known as the Main Branch, Trichur. The petitioner is the owner of a building situated in the Trichur Corp...
Tag this Judgment!ismail Vs. Kesavan
Court: Kerala
Decided on: Dec-16-2003
Reported in: 2004(2)KLT56
ORDERK.S. Radhakrishnan, J.1. Tenant is the revision petitioner. Eviction was sought for under Section 11(3) of Act 2 of 1965, before the Rent Control Court Schedule building was let out to the respondent tenant for a monthly rent of Rs. 1025/- for a period of one year from 9.2.1994. Tenanted building is situated in an important locality of Cochin City at Jews Street. Respondent tenant is conducting a fruit stall in the tenanted premises. Petitioner's son P.K. Santhosh bona fide requires the schedule building for his own business. Tenant has other buildings of his own so as to conduct his business. Petitioner therefore sent a notice to the tenant to vacate the premises. Tenant did not vacate the premises. Hence petitioner moved the rent control petition.2. Tenant resisted the petition stating that the need is not bona fide and that the attempt of the landlord is only to sell away the property after evicting the tenant. Further it was also stated that petitioner's son does not bona fide...
Tag this Judgment!Thomas Vs. Sunnichan
Court: Kerala
Decided on: Dec-15-2003
Reported in: 2004(2)KLT420
ORDERK.K. Denesan, J.1. This Transfer Petition is filed to transfer O.P. (Divorce) No. 73 of 2003 pending before the Family Court, Kottayam at Ettumanoor to the Family Court, Pathanamthitta at Thiruvalla to be tried along with O.P. No. 944 of 2003.2. O.P. (Divorce) No. 73 of 2003 was filed before the Family Court, Kottayam by the 1st respondent herein who is the husband of the petitioner's daughter Shiji @ Shija aged 3.1 years. The 2nd respondent herein is the father of the 1st respondent. It is for a declaration that his marriage with the petitioner's daughter is a nullity on the ground that the above named Shiji @ Shija is an idiot.3. O.P. No. 944 of 2003 was filed by the petitioner herein and his daughter Shiji @ Shija before the Family Court, Pathanamthitta at Thiruvalla praying for return of patrimony and compensation from the respondents. The Family Court, Thiruvalla, has passed an order of attachment before Judgment against the respondents. The respondents have taken a prelimina...
Tag this Judgment!Malinga Naik Vs. Ibrahim
Court: Kerala
Decided on: Dec-15-2003
Reported in: 2004(1)KLT565
K.A. Abdul Gafoor, J.1. The appellants in these two appeals are members belonging to Scheduled Tribe in Kerala. Admittedly by them, the property in their possession and enjoyment had been sold in execution by a civil court. In the court sale, the property has been purchased by the first respondent. The sale has been confirmed in his favour. Later, the appellants filed an application under Rule 3(a) of the Kerala Scheduled Tribes (Restriction on Transfer of Land and Restoration of Alienated Lands) Rules, 1986 before the third respondent for restoration of the land purchased by the first respondent under court auction to the appellants. The third respondent allowed that application for restoration of the lands and directed the first respondent to hand over possession of the land purchased by him in court auction to the appellants within 30 days. The first respondent filed an appeal as provided in Section 6(5) of the Kerala Scheduled Tribes (Restriction on Transfer of Land and Restoration...
Tag this Judgment!Kozhuvanal Service Co-operative Bank Ltd., Rep. by Its President Vs. S ...
Court: Kerala
Decided on: Dec-12-2003
Reported in: [2004(101)FLR46]; (2004)ILLJ991Ker
Cyriac Joseph, J.1. This appeal is against the judgment in W.P. No. 29286 of 2003 which was dismissed by the learned single Judge. The appellant is the petitioner in the writ petition. The challenge in the writ petition was against Exhibit P5 order passed by the Government. Exhibit P5 reads as follows:'In the G.O. read as first paper above an Industrial Dispute between the management of Kozhuvanal Service Co-operative Bank Ltd. No. K-213, Kozhuvanal P.O., Kottayam District and its workman Sri. K.M. Mathew was referred for adjudication to the Industrial Tribunal, Idukki. In the representation read as second paper above the petitioner in the dispute, Sri. K.M. Mathew, has requested to transfer the dispute case from the Industrial Tribunal, Idukki to another Court.Government have examined the matter inthe detail and are pleased to order that thedispute case referred for adjudication as perG.O. cited be transferred from IndustrialTribunal, Idukki to Industrial Tribunal,Alappuzha.The Govern...
Tag this Judgment!Fr. Thomas Panjikkaran Vs. Chalakudy Municipality
Court: Kerala
Decided on: Dec-12-2003
Reported in: AIR2004Ker160; 2004(1)KLT557
J.B. Koshy, J.1. Petitioner is the Director of St. James Hospital Trust which is registered as a charitable trust under the India Trust Act with Register No. 647/IV/88. Ext.P1 is the registered trust deed. The Tahsildar, Mukundapuram after verification issued Ext.P2 certificate testifying that the above Trust is a charitable and non-profit making organisation working in the field of health on non-sectarian basis Without consideration of religion, caste or creed. Ext.P3 balance sheet and income and expenditure account shows that it is not working in profit. In fact, it shows excess expenditure over income. The capital funds shows that the capital was issued by donation of Rs. 83,34,455/- and part of running expenses were also met by donations or loan obtained from the benefactors. The statement of accounts will reveal that the hospital was constructed with voluntary contributions from public and income generated was utilised for treatment to the poor and for making further construction ...
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