Kerala Court February 2003 Judgments
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John Vs. Amballur Service Co-operative Bank
Court: Kerala
Decided on: Feb-06-2003
Reported in: 2003(1)KLT675
R. Rajendra Babu, J.1. Heard the learned counsel for the petitioners, the learned Government Pleader and the learned counsel for the respondents 1 and 2;2. Petitioners filed this Original Petition challenging Ext. P5 order passed by the Joint Registrar. By Ext. P2, an amendment was made to the bye-law of the Society extending the term of the Managing Committee of the Society from three years to 5 years. The learned counsel for the petitioners argued that in the proposed amendment there was a clause for extending the benefit of the above amendment to the existingcommittee but that was rejected by the general body and as such the present Board of Directors cannot avail of the benefit of the extension of the period. In fact, the above clause was redundant and superfluous. When the period had been extended before the expiry of the period, the benefit of the extension was available to the existing Board of Directors also. The Joint Registrar, after careful examination held that the Board of...
Arunkumar Vs. Omana Amma
Court: Kerala
Decided on: Feb-06-2003
Reported in: 2004ACJ204; 2003(2)KLT625
K.A. Abdul Gafoor, J. 1. Employer has approached this Court with this appeal assailing an order of Commissioner for Workmen's Compensation when his contention that the deceased was not his workman and the accident had not arisen out of and during the course of employment were turned down. It is contended that there is no evidence at all to come to the conclusion that the deceased who died out of an injury sustained on falling into a well in the appellant's establishment was a workman and that the accident had occurred during the course of employment. In the absence of evidence such finding can be said only as perverse and any finding without evidence will necessarily give rise to a substantial question of law. Therefore whether such a finding is possible on the basis of the evidence is a substantial question of law to maintain an appeal under Section 30 of the Workmen's Compensation Act, 1923. 2. True, if the finding is rendered based on no evidence or the finding is such that it is so...
K. Vikraman Pillai, S/O. Krishna Pillai Vs. the State of Kerala, Repre ...
Court: Kerala
Decided on: Feb-06-2003
Reported in: 2003(2)KLT397
M. Ramachandran, J.1. The petitioner had been subjected to criminal prosecution which ended in acquittal by the Judicial Ist Class Magistrate, Alappuzha in Calendar Case No. 288/92. The proceedings concludes with the following observations.'Here is P.W.1's version that he took back the certificates from the police station. He has no case that the suit case contained attested copies. But these attested copies are seen among the objects seized. The prosecution has not been able to spin a yarn about the accused property. If has not gone about the business of getting the guilt of accused established. In the circumstances therefore accused is found not guilty of offences under Sections 379 IPC. Point found accordingly.'The petitioner had been suspended with effect from 6.2.92 and taking notice of the acquittal he had been reinstated in service by order dated 29.4.95.2. The petitioner had represented that though he was being paid subsistence allowance all through out in view of the acquittal...
P.K. Lambodaran Nair Vs. State of Kerala and ors.
Court: Kerala
Decided on: Feb-06-2003
Reported in: 2003CriLJ2917
ORDERN. Krishnan Nair, J.1. This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure I, F.I.R. No. VC-3/ 97, dated 27-5-1997 of the Vigilance and Anti-Corruption Bureau, Special Cell, Thiruvananthapuram and all further proceedings pursuant thereto, now pending before the Court of the Enquiry Commissioner and Special Judge, Thiruvananathapuram.2. The petitioner, Sri P.K. Lambodharan Nair, is a retired Superintendent of Police. He is the accused in V.C. No. 3/97 of the Vigilance and Anti-Corruption Bureau, Special Cell, Thiruvananthapuram registered under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988, on the allegation that while he was holding various posts in the Police Department, he has amassed assets disproportionate to his known sources of income. He is alleged to be in possession of assets worth Rs. 15 lakhs as against his likely savings to the tune of Rs. 7.2 lakhs. Earlier an enquiry was conducted against t...
Commissioner of Income Tax Vs. C.P. Lonappan and Sons
Court: Kerala
Decided on: Feb-05-2003
Reported in: (2003)184CTR(Ker)159; [2004]265ITR101(Ker)
G. Sivarajan. J.1. This is an appeal filed by the CIT, Cochin, against the order of the Tribunal, Cochin Bench, in ITA No. 153/Coch/96, in respect of the asst. yr. 1992-93. The respondent-assessee owned an extent of 0.3059 hectares of land. The said land was acquired by the State Government for widening the national highway pursuant to a declaration made on llth Oct., 1991. It appears that the land was taken advance possession of. On 30th Aug., 1991, the assessee got a sum of Rs. 27,08,000 as advance towards compensation payable for the acquisition of the land. Later, the Land Acquisition Officer passed the award on 18th Dec., 1992. As per the said award, the assessee became entitled to get a total sum of Rs. 38,11,604 by way of compensation. After adjusting the advance payment, the balance amount was paid to the assessee on llth Jan., 1993. Relying on the provisions of Section 45(5)(a) of the IT Act, 1961, for short 'the Act', the AO took the view that the entire compensation received...
Kunjavara Vs. Provident Fund Commissioner
Court: Kerala
Decided on: Feb-05-2003
Reported in: 2003(3)KLT149
C.N. Ramachandran Nair, J. 1. The petitioners in all these cases were employees of Madura Coats Limited, which was closed down and the petitioners were retrenched from service. The petitioners were members of the EPF Scheme, 1971 and as such they are allowed to join the new Employees Pension Scheme, 1995. There is no dispute with regard to the eligibility of me petitioners for pension under the Employees Pension Scheme, 1995. However, the petitioners are questioning the granting of pension by the Provident Fund Commissioner with effect from the dates of submission of applications by them. The contention of the petitioners is that the petitioners were retrenched on the same date from the same employer which closed down it's business and ordered retrenchment of all the employees together. There is no dispute that a retrenched employee is also entitled to pension based on his length of service as provided under Rule 12 of the EPF Scheme. However, the dispute is only against the action of ...
Chandradasan Vs. George
Court: Kerala
Decided on: Feb-05-2003
Reported in: III(2003)BC609; 2003(3)KLT151
ORDERG. Sasidharan, J. 1. Crl. R.P.852/2002 is filed by the accused in C.C.418/1999 on the file of the Additional Chief Judicial Magistrate, Economic Offences, Ernakulam. C.C.418/1999 was taken on file by the Magistrate on the basis of a complaint filed by the first respondent alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'). The allegation was that the petitioner issued a cheque for Rs. 20,000/- to the first respondent and it was dishonoured for the reason that there was no sufficient amount in the account maintained by the petitioner in the bank. After dishonour of the cheque, notice was issued to the petitioner demanding payment of the amount covered by the cheque. A complaint was filed by the first respondent alleging commission of the offence punishable under Section 138 of the Act since the petitioner did not pay the amount within 15 days of receipt of notice. After taking evidence, the learne...
K.P. Chandradasan Vs. George Kollassani and anr.
Court: Kerala
Decided on: Feb-05-2003
Reported in: 2004CriLJ2636
ORDERG. Sasidharan, J. 1. Crl. R.P. No. 852/2002 is filed by the accused in C.C. No. 418/1999 on the file of the Additional Chief Judicial Magistrate, Economic Offences, Ernakulam, C.C. 418/1999 was taken on file by the Magistrate on the basis of a complaint filed by the first respondent alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act'). The allegation was that the petitioner issued a cheque for Rs. 20,000/- to the first respondent and it was dishonoured for the reason that there was no sufficient amount in the account maintained by the petitioner in the Bank. After dishonour of the cheque, notice was issued to the petitioner demanding payment of the amount covered by the cheque. A complaint was filed by the first respondent alleging commission of the offence punishable under Section 138 of the Act since the petitioner did not pay the amount within 15 days of receipt of notice. After taking evidence, ...
Prabhu Vs. Union of India (Uoi)
Court: Kerala
Decided on: Feb-04-2003
Reported in: 2003(1)ALT(Cri)317; 2003CriLJ2261; 2003(1)KLT631
ORDERN. Krishnan Nair, J.1. This revision is directed against the order dated 3.11.2002 of the Special Judge (SPE/CBI)-II, Ernakulam in an unnumbered case.2. The facts necessary for the disposal of this revision may be stated as follows: The petitioner herein filed a complaint against one Dilip D. Khona, Partner, M/s. Devshi Bhanji Khona, Shipping Clearing & Forwarding Agents, Willington Island, Kochi-3,alleging the commission of the offences punishable under Sections 12 and 14(b) of the Prevention of Corruption Act. The allegation is that the said Dilip Khona used to give bribe to the Plant Quarantine Inspector for issuing, phyto sanitary certificate. It is specifically alleged that on 19.4.2001 he paid Rs. 4,000/- to G.M. Thippanna, Plant Quarantine Inspector as bribe for issuing the phyto sanitary certificate. The Central Bureau of Investigation has registered a case against Sri. G.M. Thippanna and he is now being tried in the Court of Special Judge, SPE/CBI-II, Ernakulam, for the c...
Shaiju Vs. State Election Commission
Court: Kerala
Decided on: Feb-04-2003
Reported in: AIR2003Ker246; 2003(1)KLT658
Jawahar Lal Gupta, C.J. 1. Is the election of the respondents as Municipal Councillors and Panchayat Member vitiated on account of the fact that they had not subscribed to the oath, in the prescribed form, at the time of filing the nomination papers? This is the short question that arises for consideration in these two cases. Learned counsel for the parties have referred to the facts in Original Petition No. 29473 of 2000. These may be briefly noticed.2. The elections to the Municipal Councils and the Panchayats in the State of Kerala were held in September, 2000. Respondent Nos. 4 to 25 were amongst those elected as Municipal Councillors in Irinjalakkuda Municipality. The petitioner alleges that while filing the nomination papers the elected Councillors had subscribed to an oath which did not conform to the Second Schedule of the Kerala Municipality Act, 1994. The words 'will maintain sovereignty and integrity of India' were missing from theoath. On this basis, it is alleged that resp...
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