Kerala Court June 2003 Judgments
Girijambika Vs. George Selvaraj
Court: Kerala
Decided on: Jun-30-2003
Reported in: 2003(2)KLT1070
ORDERK. Padmanabhan Nair, J.1. All these four Civil Revision Petitions arise from E.P.65 of 2001 in O.S.233 of 1982 on the file of the Principal Munsiff's Court, Nedumangad. These four revisions are filed against the orders passed by the executing Court dismissing E.A. Nos. 224,225,226 and 227 of 2003 filed by strangers to the decree. C.R.P.325 of 2003 is filed by the petitioner in E.A.225 of 2002, C.R.P.570 of 2003 is filed by the petitioner in E.A.226 of 2002, C.R.P.1181 of 2003 is filed by the petitioner in E.A.227 of 2002 and C.R.P.1190 of 2003 is filed by the petitioner in E.A.224 of 2002.2. The suit was for recovery of property. The decree holder filed Execution Petition for delivery. During execution proceedings the petitioners in these four Civil Revision Petitions filed four E.As. claiming right, title and possession over the properties. The executing Court dismissed all the petitions on the sole ground that the petitioners have no right to resist delivery in view of the clear...
Tag this Judgment!Thadikkadavu Service Co-operative Bank Limited Vs. State of Kerala
Court: Kerala
Decided on: Jun-30-2003
Reported in: [2004]138STC353(Ker)
1. The matter arises under the Kerala General Sales Tax Act, 1963, for short, 'the Act'. The assessee is the revision petitioner in both these cases. State is the respondent. The assessment years concerned are 1990-91 and 1991-92 respectively. The assessee is Co-operative Bank mainly engaged in the business in chemicals, manure, agricultural implements, etc., for the welfare of its members and agriculturists. During the assessment years in question, the assessee was also acting as procuring agent of rubber and raw cashew nuts on behalf of CAPEX (Cashew Workers Apex Industrial Co-operative Society Limited) and CCR and AR (Cannanore District Co-operative Rubber and Agricultural Marketing Society Limited). During the said two assessment years, the assessee had procured rubber and raw cashew nuts by raising purchase bills of the CAPEX and CCR and AR. The assessee had entered the said transactions in its books and had also included the same in the returns filed for the said two years. Howev...
Tag this Judgment!Sivan Pillay Vs. Ramesh Chandra and ors.
Court: Kerala
Decided on: Jun-27-2003
Reported in: AIR2004Ker243
ORDERK. Padmanabhan Nair, J.1. The petitioner in I. A. 5922 of 1993 in I. P. 2 of 1989 of the Principal sub Court, North Paravur is the revision petitioner. This Civil Revision Petition is filed against an order passed by the learned Sub Judge dismissing an application filed by the petitioner under Section 42 of the Insolvency Act to discharge him from the liabilities.2. The short facts necessary for the disposal of the Civil Revision Petition are as follows : Proceedings under the Insolvency Act was initiated against the revision petitioner. On 18-6-1993 an order of adjudication was passed declaring the revision petitioner as an insolvent. Thereafter, the petitioner filed I. A. 5922 of 1993 to discharge him as provided under Section 42 of the insolvency Act. In the petition the petitioner had narrated the debts due to the respondents. It was further averred that after the order of adjudication, the petitioner has not acquired any property and not doing any business or getting any inco...
Tag this Judgment!Krishnan Vs. Krishnan
Court: Kerala
Decided on: Jun-26-2003
Reported in: AIR2004Ker155; 2003(3)KLT166
K.S. Radhakrishnan, J.1. Defendant is the appellant. Suit was instituted for specific performance of an agreement for sale of A1 dated 12.10.1982. The agreement was executed by the defendant along with his brother Pulendran and Govindan. Plaint schedule house and compound is having an extent of 20 cents. Total sale consideration was Rs. 1,45,200/-. An advance amount of Rs. 20,000/- was paid on the date of the execution of the agreement. Defendant and his two brothers had also undertaken to evict the tenants residing in the property. It was agreed that the transaction be completed by 30th August 1983. While so, Pulendran surrendered his one-third share over the plaint schedule property in favour of Govindan. Govindan then executed assignment deed in respect of his 2/3rd share on 26.8.1986 to the plaintiff. Afterwards by instalments plaintiff had paid to the defendant and his two brothers a sum of Rs. 1,05,000/- thereby making a total payment of Rs. 1,25,000/-. However, the defendant was...
Tag this Judgment!Raymund Gencianeo Vs. State of Kerala
Court: Kerala
Decided on: Jun-26-2003
Reported in: 2003(2)ALT(Cri)323; 2004CriLJ2296; 2003(3)KLT174
ORDERG. Sasidharan, J.1. A Philippine national who was a member of a crew in a Japanese vessel is being prosecuted for the offence punishable under Section 307 I.P.C. alleging that he attempted to commit murder of the Captain and Chief Officer of the ship while he was on board the ship when it was 850 miles away from the Cochin coast. The case against the petitioner is now pending on the file of the First Additional Assistant Sessions Judge, Ernakulam as S. C. 135 of 2003. Petitioner was arrested on 29.11.2002 and he is now in judicial custody. Quashing of the proceedings in the above case is sought for by contending that the courts in India have no jurisdiction to try the above case since the allegation is that a foreign national committed the offence in a foreign vessel while the vessel was outside the territory of India.2. In Annexure-A1 statement given by Captain of the ship and Annexure-A2 statement given by the Chief Officer it is stated that at the time when the occurrence took ...
Tag this Judgment!Sivankutty Vs. Motor Accidents Claims Tribunal
Court: Kerala
Decided on: Jun-26-2003
Reported in: I(2004)ACC226; 2004ACJ406; 2003(3)KLT580
K. Padmanabhan Nair, J.1. The petitioner in an Original Petition on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram is the petitioner in this Original Petition. He filed O.P. (MV) No. 1566 of 1995 claiming compensation for the injuries sustained by him in a road traffic accident involving a motor vehicle. The O.P. was allowed and the petitioner was allowed to recover an amount of Rs. 22,250/- from the Insurance Company. Since the insurer did not pay the amount due under the award, the petitioner filed E.P. 463 of 2002 for attachment and sale of movable belonging to the Insurance Company. The Presiding Officer, Motor Accidents Claims Tribunal directed the petitioner to furnish the details of the movables which he seeks to attach. The petitioner was unable to furnish the details of those articles. So the execution petition was dismissed. That order is under challenge in this Original Petition.2. The learned counsel appearing for the petitioner argued that the order pa...
Tag this Judgment!Sivaraman Alias Gopi and Etc. Vs. State of Kerala
Court: Kerala
Decided on: Jun-26-2003
Reported in: 2003CriLJ4186
K.A. Abdul Gafoor, J. 1.These appeals are directed against the judgment and order dated 12th April, 2002 of the Additional Sessions Judge II, Mavelikara, in S.C. No. 125/97. Crl. A. 450/02 has been filed by accused No. 1 and Crl. No. 332/02 has been filed by accused 2, 3, 5 and 6. The appellants were charged with the offences punishable under Sections 143, 147, 148, 149, 323, 307 and 302 of the Indian Penal Code. After trial the learned Additional Sessions Judge found the appellants guilty of the offences punishable under Sections 302, 324, 148 and 323 read with Section 149 of the Indian Penal Code. The appellant (1st accused) in Crl. A. No. 450/02 was sentenced to undergo rigorous imprisonment for life under Section 302 read with Section 149, I.P.C. rigorous imprisonment for three years under Section 324, I.P.C. rigorous imprisonment for two years under Section 148, I.P.C. and six months under Section 323 I.P.C. Accused No. 2 (1st appellant in Crl. A. 332/02) was sentenced to undergo ...
Tag this Judgment!Valsan Vs. State of Kerala
Court: Kerala
Decided on: Jun-25-2003
Reported in: 2003(2)KLT1050
ORDERR. Basant, J. 1. The petitioner/accused faces indictment under Section 12(1)(b) of the Indian Passport Act. To cut a long story short, the gist of the allegations against him is that he applied for a fresh passport in the name of his uncle K.K. Gopalan affixing his photograph. This was allegedly done by him with dishonest and questionable intentions. The First Information Report was registered on 13.1.1998. The charge sheet was filed on 18.1.2002. The offence under Section 12(1)(b) of the Indian Passport Act carries the maximum punishment of imprisonment of two years and fine.2. After investigation, the charge sheet was filed on 18.1.2002 and the learned Magistrate took cognizance of the offence. The accused, after entering appearance, claimed that the proceedings against him may be discontinued. He filed Crl.M.P. No. 15840/03 requesting the Court to consider his plea to discontinue proceedings on the ground that cognizance was taken against him ignoring, overlooking and in violat...
Tag this Judgment!Kerala Irrigation Engineers Association Vs. State of Kerala
Court: Kerala
Decided on: Jun-25-2003
Reported in: 2003(3)KLT325
Jawahar Lal Gupta, C.J.1. These three cases relate to the inter se dispute between the Assistant Engineers who possess qualifications of Degree and Diploma. The controversy centers on the interpretation of the provisions contained in the Kerala Engineering Service (Civil and General Branch) Rules, 1965. The facts as appearing from the record in W.A. No.762 of 2003 may be briefly noticed.2. The Kerala Engineering Diploma Holder's Association approached this Court through a Petition under Article 226 of the Constitution. Their complaint was that the vacancies in the cadre of Assistant Executive Engineers were being filled up by promoting the Graduate Engineers and the share as available to the Diploma holders under the Statutory Rules was not being given to them. A number of persons who were eligible had been overlooked. Thus, the petitioner prayed that a writ of mandamus be issued directing the State Government to fill up the posts of Assistant Executive Engineers by promotion from the ...
Tag this Judgment!Sreenivasan Vs. Thilakan
Court: Kerala
Decided on: Jun-24-2003
Reported in: AIR2003Ker350; 2003(2)KLT958
K.A. Mohamed Shafi, J.1. This C.M.A. is filed by the respondent-plaintiff in A.S. 124/94 on the file of the Subordinate Judge's Court, Irinjalakuda challenging the judgment dated 21.12.2001.2. O.S. 107/94 was filed by the appellant plaintiff before the Munsiffs Court, Irinjalakuda seeking permanent prohibitory injunction against the defendant respondent herein in respect of the plaint A and B schedule properties. The trial court decreed the suit restraining the respondent from trespassing upon plaint A and B schedule properties and from constructing any pathway in plaint B schedule property. The respondent challenged the decree and judgment passed by the trial court before the Subordinate Judge's Court, Irinjalakuda in A.S. 124/94. The lower appellate court allowed the appeal, set aside the decree and judgment passed by the trial court and remanded the suit to the trial court for fresh consideration in accordance with law in the light of the observations made in the judgment.3. This C....
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