Kerala Court December 2004 Judgments
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National thermal Power Corporation Ltd. Vs. Raghul Constructions (P) L ...
Court: Kerala
Decided on: Dec-20-2004
Reported in: AIR2005Ker115; 2005(2)ARBLR606(Kerala); 2005(1)KLT763
K.S. Radhakrishnan, J.1. National Thermal Power Corporation Ltd., in short 'the NTPC', have come up with these Writ Petitions aggrieved by the order passed by the learned Single Judge under Section 11(6) of the Arbitration and Conciliation Act, 1966 appointing a former Chief Justice of this Court as the arbitrator in respect of an arbitration dispute.2. The NTPC had awarded the contract to the respondent and an agreement was entered into on 27.5.1997. As per the tender conditions and the agreement, both the petitioner and respondent are bound by the special conditions of the contract and general conditions of the contract. Condition No. 56 is the arbitration agreement between the parties, which is extracted below for easy reference.'Except where otherwise provided for in the Contract all questions and disputes relating to the meaning of the specifications, designs, drawing and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as ...
Krishnankutty Nair Vs. Ashokan
Court: Kerala
Decided on: Dec-20-2004
Reported in: 2005(1)ALD(Cri)37; III(2005)BC203; 2005CriLJ1095; 2005(1)KLT537
ORDERJ.B. Koshy, J.1. What is the time limit for filing a complaint under Section 138 of the Negotiable Instruments Act is the short issue considered in this order. The learned Single Judge referred the matter to Division Bench noticing that decisions of this Court in M/s. Poornashree Agencies v. M/s. Universal Enterprises, 1995 (1) KLT 370 = 1995 (1) KLJ 248 and Adril D'Couth v. Premier Auto Electric Ltd., 1992 (2) KLJ 1051, are contrary to the observations of the Supreme Court in Saketh India Ltd. v. India Securities Ltd., (1999) 3 SCC 1. Before going into the disputed question, first we will refer to the relevant sections. Section 138 of the Negotiable Instruments Act reads as follows:'138. Dishonour of cheque for insufficiency, etc., of funds in the account.--Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liabil...
D. Vijayalakshmi Vs. Kerala State Financial Enterprises Ltd. and ors.
Court: Kerala
Decided on: Dec-20-2004
Reported in: III(2005)BC488
K.S. Radhakrishnan, J.1. Writ petition was filed by the appellant herein seeking a direction to the Kerala State Financial Enterprises Ltd. to return the original of sale deed No. 126 of 1997 of Sub-Registry, Nemom to the petitioner on discharging the entire liabilities subsisting over the property on paying the amounts due from the 4th respondent towards chitty No. 56/99.2. Writ petitioner is the owner in possession of 14.80 acres of land comprised in resurvey No. 758/5 of Nemom Village. She purchased the said property for valuable consideration as per sale deed No. 172 of 2003 of Sub-Registry, Nemom on 16.1.2003 from the 4th respondent. While so, 3rd respondent visited the property and informed her that proceedings are being initiated against the property purchased by her for loan amounts due from the 4th respondent. She made inquiries with the 2nd respondent with regard to the loan transactions of the 4th respondent. She came to know that the 4th respondent had subscribed to chitty ...
Mujeeb Rahman Vs. State of Kerala
Court: Kerala
Decided on: Dec-17-2004
Reported in: 2005(1)KLT680
K.S. Radhakrishnan, J.1. Can the Public Service Commission meddle with the qualification laid down for the post of Higher Secondary School Teachers under the Kerala Higher Secondary Education State Service Rules, framed by the Government of Kerala in exercise of the powers conferred under Section 2(1) of the Kerala Public Services Act, 1968, is the question that has come up for consideration in these cases.2. Government of Kerala in exercise of the powers conferred by Sub-section (1) of Section 2 of the Kerala Public Services Act, 1968 have framed the Special Rules for the Kerala Higher Secondary Education State Service called 'the Kerala Higher Secondary Education State Service Rules, 2001'. Department of Higher Secondary Education was formed in the year 1990. Appointments to various categories of posts in the Department are being made on deputation and on provisional basis. State Government thought it necessary to prescribe qualification, method of appointments etc. to the various po...
Krishnankutty Vs. State of Kerala
Court: Kerala
Decided on: Dec-17-2004
Reported in: 2005CriLJ1866; 2005(1)KLT813
ORDERM. Sasidharan Nambiar, J.1. First accused in C.C.179/91 on the file of the Judicial First Class Magistrate, Ramankary is challenging the order of the Sessions Judge, Alappuzha in Crl.R.P.40/93 whereunder the learned Sessions Judge set aside the order of acquittal passed by the learned Magistrate and remitted the case back to the Magistrate for fresh disposal.2. The charge against the petitioner and the second accused was that on 5.4.1991 at about 11 a.m. they trespassed into the property of P.W.2 Thankamma and the second accused committed mischief by cutting two trees and when P.W.2 attempted to obstruct it, petitioner/first accused beat her and both the accused thereby committed offences under Sections 447, 427, 323 read with Section 34 I.P.C. The second accused absconded and therefore case against him was split up and only the first accused was tried. Petitioner pleaded not guilty. The prosecution examined 8 witnesses and marked Exts.P1 to P5 and both identified M.O.I chopper. O...
University of Kerala Vs. Sankaran Nampoothiry
Court: Kerala
Decided on: Dec-17-2004
Reported in: AIR2005Ker98; 2005(2)ESC1392; 2005(1)KLT229
Kurian Joseph, J.1. These Writ Appeals are directed against the common judgment dated 7th April 2004 in W.P. (C) No. 35495 of 2003 and connected cases. The appeals are at the instance of the respondent University. The issue pertains to election to various statutory bodies envisaged under the Kerala University Act, 1974 and its First Statutes and Regulations. The question raised in W.P. (C) No. 32854/2003 leading to Writ Appeal No. 989 of 2004 is whether the Principals of self-financing affiliated colleges are entitled to participate in the election. The learned Single Judge, mainly on the ground of equal opportunity, held that the Principals and students of unaided affiliated colleges are entitled to participate in the election. Aggrieved, the University has filed the Writ Appeals.2. We shall first deal with the case of the eligibility of the Principals. At the outset it has to be noted that there is no dispute that the managements of unaided/self-financing colleges are entitled to par...
Union of India (Uoi) Vs. All India Federation of Customs and Central E ...
Court: Kerala
Decided on: Dec-17-2004
Reported in: 2005(1)KLT544
K.S. Radhakrishnan, J.1. Can the Ministry of the Government of India through an executive order interfere with the Central Civil Service (Revised Pay) Rules, 1997 issued by the President of India in exercise of the powers conferred by the proviso to Article 309 and Clause 5 of Article 148 of the Constitution of India is the question that has come up for consideration in these cases.2. Fifth Pay Commission recommended for revised pay scales and for upgrading pay scales for the post of Radio Operator under the Pension Scheme. Post of Radio Operator was previously having the pay scale of Rs. 1320-2040 which was revised by the recommendation to Rs. 4500-7000. Accepting the report of the Pay Commission, President of India in exercise of the powers conferred by the proviso to Article 309 and C1.5 of Article 148 of the Constitution and after consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, issued the Central Civi...
Salma Beevi Vs. Nalini
Court: Kerala
Decided on: Dec-17-2004
Reported in: 2005(3)KLT878
ORDERK.R. Udayabhanu, J.1. The revision petitioner/respondent in E.P.No. 50/97 has sought for setting aside the order of the execution Court in declining his application for appointment of a Commissioner to reassess the value of improvements for the period subsequent to the date of valuation made at the time of the preliminary decree in the suit instituted for redemption of mortgage by the plaintiff-respondent. The revision petitioner has flayed the order of the execution court alleging manifest infirmities in the order on account of the evident misunderstanding of the legal position in the matter. The preliminary decree for redemption was passed on 19.2.1986 with a direction to deposit Rs. 3,555/- towards mortgage money and value of improvements. The decree holders deposited the same on 14.10.86 but the course of the litigation was prolonged, or protracted on account of the appeal filed by the defendants which ended in dismissal on 12.7.91. The final decree was passed on 10.7.92. On t...
Raveendran Vs. Manager, Sree Narayana College
Court: Kerala
Decided on: Dec-17-2004
Reported in: 2005(1)KLT960
R. Bhaskaran, J.1. The scope and ambit of Section 60(4) of the Kerala University Act and whether it is mandatory or only directory is the main question for decision in this revision. There is also the further question as to whether the enquiry conducted against the petitioner is vitiated by violation of principles of natural justice? This Civil Revision Petition is filed challenging the common judgment of the Kerala University Appellate Tribunal, Trivandrum in Appeal Nos. 4 and 6 of 2004.2. The petitioner in the Revision Petition, Dr. N. Raveendran was the Principal of Sree Narayana Guru College, Chelannur. He was originally appointed as Lecturer under the first respondent, S.N. Trust. He was promoted and appointed as Principal on 5.10.1998. He was issued a show cause notice while on probation as Principal and was reverted as Selection Grade Lecturer. This Court in Writ Appeal Nos. 1633 of 2001 and 1598 of 2001 found that the order of revision is punitive and could not have been made w...
Kunhaleema Vs. Musthafa
Court: Kerala
Decided on: Dec-15-2004
Reported in: 2005(1)KLT261
ORDERM. Ramachandran, J.1. The decision of the Rent Control Court, Kannur in R.C.P. No. 223 of 1995 dated 21.8.1997 had been challenged by the tenant by way of R.C.A. No. 195 of 1997 before the Appellate Authority, Thalassery. Additional respondents 2 to 12, representatives had been brought in the array of parties in view of the demise of the first respondent. The deceased tenant was conducting a hotel business in the schedule premises and a petition had been submitted claiming eviction Under Section 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act').2. Rent Control Authority had held that the claim had been established and it was a case where the tenant had in his possession buildings reasonably sufficient for his requirement in the same town. The Appellate Authority also had accepted the findings and directions as tenable.3. We had opportunity to hear Mr. M.C. Sen who appeared for the revision petitioners, when the matter was listed...
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