Kerala Court January 2004 Judgments
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Lazar Nadar Education and Research Foundation Vs. State of Kerala
Court: Kerala
Decided on: Jan-30-2004
Reported in: 2004(1)KLT1061
C.N. Ramachandran Nair, J.1. The issue raised in the Writ Petitions and the Contempt Case pertain to the same matter and, therefore, the Writ Petitions are consolidated together and heard alongwith Contempt Case and I proceed to dispose of all the case by this common judgment.2. The petitioner in the Writ Petitions and the party respondents were applicants before the State Government for NOC for staring B.Ed. Colleges. Pending decision of this Court in the earlier Writ Petitions, i.e., O.P. No. 1702 of 2003 and connected cases based on the study conducted by the Expert Committee appointed by the Government, the Government informed the court that there was scope for starting only 75 more B.Ed. Colleges in the State. Based on the Expert Committee recommendation. Accepted by the Government, this Court in the batch cases, gave specific direction to the Government to engage Expert Committee for collecting particulars of infrastructural and instructional facilities available for the applican...
Sales Tax Officer Vs. Louis Dreyfuss India (P) Ltd.
Court: Kerala
Decided on: Jan-30-2004
Reported in: 2004(1)KLT1011; (2007)8VST579(Ker)
N.K. Sodhi, Ag. C.J.1. The short question that arises for consideration in this Writ Appeal directed against the judgment dated December 18, 2002 passed by a learned Single Judge in O.P. No. 35879 of 2002 is whether in the facts and circumstances of the case it was proper of this Court to entertain a petition under Article 226 of the Constitution against a notice issued by the assessing authority calling upon the dealer to show cause why assessment be not made under the Kerala General Sales Tax Act, 1963 (for short 'the Act') and the Central Sales Tax Act, 1956 (for short 'the CST Act') and quash the same. The facts giving rise to this appeal lie in a narrow compass and these may first be noticed.2. Louis Dreyfuss India (P) Ltd., (hereinafter referred to as 'the Company') is a Private Limited Company with its registered office at Mumbai. It is engaged inter alia in the trade of import and sale of various agricultural and other commodities including sugar. The Company has a branch offic...
State of Kerala Vs. Gopalan
Court: Kerala
Decided on: Jan-30-2004
Reported in: 2004(2)KLT33
J.B. Koshy, J.1. Whether the judgment of the learned Single Judge in O.P.No. 14358 of 1993 (Gopalan v. State of Kerala, 1999 (1) KLT 850) lays down correct law in directing to compute the period of part-time contingent service also for the purpose of grade promotion in the last grade service is the question to be answered in W.A.No. 46 of 2000. The impugned judgment in W.A.No. 910 of 2001 only directed the respondent to consider the representation filed by the petitioners therein also taking note of the judgment in O.P.No. 14358 of 1993. Petitioners in O.P.No. 55 of 2001 also want the benefit of the above judgment in O.P.No. 14358 of 1993. Therefore, we will consider the facts in W.A.No. 46 of 2000 where the judgment in O.P.No. 14358 of 1993 is challenged. Petitioners therein were last grade servants who retired from service from the Government. They entered into the service as part-time sweepers with effect from various dates and later became full-time employees. As per the rules, 50%...
Radhika Devi Vs. Vasantha
Court: Kerala
Decided on: Jan-30-2004
Reported in: III(2004)ACC323; 2005ACJ259; 2004(2)KLT954
J.B. Koshy, J. 1. Whether the insurance company can avoid liability, if the driver of the insured vehicle was having only a learner's licence at the time of accident is the question to be answered in this case. Before answering the question, we may consider the facts of the case.2. Appellant was the second respondent in O.P.(M.V.) No. 430 of 1995 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. First respondent filed a claim petition stating that her mother, Smt. Bhargavi Amma, while walking through the public road, was hit by a scooter bearing registration No. KL-01/7321 driven by the appellant and insured by the fourth respondent in the O.P. As a result of the hit Bhargavi Amma suffered serious injuries. It is also stated that the vehicle is owned by the second respondent and it was insured by the third respondent (Addl.Fourth respondent in the O.P.). According to the first respondent, the accident occurred due to the negligent driving of the appellant. The dec...
Kadakam Service Co-operative Bank Ltd. Vs. Narayana Bhat
Court: Kerala
Decided on: Jan-27-2004
Reported in: AIR2004Ker266; 2004(2)KLT179
Cyriac Joseph., J.1. This Writ Appeal is filed against the judgment dated 6.11.2003 in W.P.(C) No. 19948 of 2003. The appellants are respondents 1 and 2 in the Writ Petition. The respondents herein are the petitioner and the third respondents in the writ petition.2. The first appellant, Kadakam Co-operative Bank Limited, No. C.99 {hereinafter referred to as 'the Bank') is a society registered under the Co-operative Societies Act, 1969. The first respondent M. Narayana Bhat, was a member of the Bank. At the time of his admission as a member of the Bank, the first respondent paid Rs. 10/- as individual share value. Later, on 27.3.1999 the general body of the Bank amended the bye-laws of the Bank, enhancing the nominal value of one share to Rs. 50/-. The amendment was approved by the second respondent, Joint Registrar of Co-operative Societies. As per the amended bye-laws a period of six months was allowed to the existing members to enhance their share value. Accordingly, the Bank publish...
Commissioner of Examinations, Higher Secondary Directorate Vs. G.R. Ar ...
Court: Kerala
Decided on: Jan-27-2004
Reported in: AIR2004Ker269
Cyriac Joseph, J.1. This Writ Appeal is filed against the judgment dated 31-10-2003 in W.P. (C) No. 33172 of 2003, which was allowed by the learned single Judge. The appellant is the sole respondent in the writ petition.2. The writ petitioner appeared for the Technical Higher Secondary Examination held in March, 2003. He failed in English and Physics (Theory). He applied for revaluation. He obtained 8 more marks in English. However, he failed in Physics (Theory) by 6 marks and he was declared as 'Failed'. He submitted Exhibit P2 representation requesting the respondent (appellant herein) to grant moderation marks. When there was delay in considering the representation, the petitioner filed W.P. (C) No. 29381 of 2003. The writ petition was disposed of on 17-9-2003 directing the respondent to consider whether the petitioner is entitled to moderation and if that be so, to grant eligible moderation marks and issue fresh mark list. In compliance with the said judgment, the respondent consid...
Sally Thomas Vs. State of Kerala
Court: Kerala
Decided on: Jan-23-2004
Reported in: [2004(101)FLR423]; 2004(1)KLT674
K.K. Denesan, J.1. Appellants are High School Teachers seeking appointment by transfer to the post of Higher Secondary School Teachers (Computer Science/Computer Application). They applied for the post in response to Notification dated 20.9.2001 issued by the Director of Higher Secondary Education, Thiruvananthapuram. By the same notification applications were invited from eligible and qualified candidates for appointment to the post of Higher Secondary School Teachers in other subjects also which are shown as Sl.Nos. 1 to 36 in the notification. Computer Science is Sl.No. 37 and Computer Application is Sl.No. 38 in that notification. Qualifications prescribed for the notified posts are shown against the concerned subjects. In addition to the academic qualifications like post graduate degree in the concerned subject and training qualification, a pass in State Eligibility Test (for short SET) in the subject concerned is also prescribed as one of the essential qualifications.2. Qualifica...
Principal, Government H.S.S. Vs. Sakeer
Court: Kerala
Decided on: Jan-23-2004
Reported in: AIR2004Ker176; 2004(1)KLT647
K.K. Denesan, J.1. The Principal of a Government Higher Secondary School and the Government ofKerala are the appellants in this Writ Appeal. Appellants were respondents 1 and 2respectively in W.P.(C) No. 20544 of 2003 which was filed by the 1st respondent herein as the petitioner under Article 227 of the Constitution. In the Writ Petition thepetitioner prayed for the following reliefs:'A) Set aside Ext. P4 judgment dated 31.5.2003 in C.M.A. No. 22 of 2003 on the file of the Court of the District Judge of Manjeri and Ext. P2 order dated 9.4.2003 in I.A. No. 1576 of 2002 in O.S.No. 224 of 2002 Munsiff's Court, Manjeri; B) Issue an order restraining the respondents 1 and 2 from making any construction in Plaint 'A' Schedule Property in O.S.No. 224 of 2002, Munsiffs Court Manjeri pending the disposal of the suit; and C) Issue any other appropriate writ, direction or order as may be deemed fit and proper in the facts and circumstances of the case'.By the judgment under appeal, the learned ...
Sobha B. Nair Vs. University of Kerala
Court: Kerala
Decided on: Jan-22-2004
Reported in: 2004(1)KLT541
M. Ramachandran, J.1. The Kerala University had invited applications from qualified candidates for appointment to various posts in the teaching departments of the University. Among them, two posts of Lectures in Sociology had been included, one of them was reserved for Scheduled Castes and other was notified as an open vacancy.2. As per the notification, qualification for appointment as Lecturer was 'good academic record with at least 55% marks OP an equivalent grade at Master's Degree level'. The candidate also should have cleared the eligibility test for lectureship as required by the University Grants Commission. The notification was dated 28.1.1999. But, no immediate follow up action had been there though petitioner had applied. Again, the posts were notified along with other posts on 28.9.2002. The earlier applications also were to be treated as valid. In due course, the petitioner had been directed to appear before the Interview Committee on 24.6.2003. Thirty two candidates appea...
Suseelan Vs. Leela
Court: Kerala
Decided on: Jan-22-2004
Reported in: AIR2004Ker312; IV(2004)BC441; II(2004)DMC499; 2004(2)KLT606
J.B. Koshy, J.1. This appeal is filed by the husband against the judgment of the Family Court, Thrissur in O.P.No. 719 of 1997.2. O.P.No. 719 of 1997 (originally filed before the Sub Court, Thrissur as O.S. No. 308 of 1992) was filed by the appellant against his wife for a declaration that the petition scheduled immovable properties which were purchased in the name of the wife actually belonged to him. The first item in the schedule was 14 cents of property with a building thereon and the second item is another 14 cents of property. The wife, first respondent herein, filed three cases against the husband seeking return of certain immovable properties as well as gold ornaments. The petition filed by the husband as well as the three petitions filed by the wife were dismissed by the Family Court. Since appeal is filed only against the judgment in O.P.No. 719 of 1997, we are considering only that matter.3. It is the definite case of the appellant that he was employed in the Gulf countries....
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