Kerala Court December 2004 Judgments
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Abdul Vaheed Vs. State of Kerala
Court: Kerala
Decided on: Dec-15-2004
Reported in: 2005CriLJ2054; 2005(2)KLT72
ORDERJ.M. James, J.1. When a school teacher, in this case, the Madrassa teacher, beats a student with a cane, who created commotion in the school or showed disobedience to the Rules, whether he could be proceeded against under the provisions of the I.P.C. is the question that is before me for consideration.2. Petitioner is an Arabic teacher at Manikkal Madrassa, near Venjarammoodu. On 23.9.2003 evening, the petitioner beat one Sajad, a student learning Arabic, with a cane on his buttock. He cried. He was taken to his house in the evening by two persons. He complained to his father, the de facto complainant, that he has got pain. He was shown to a private hospital at Venjarammoodu. As pain subsisted, he was taken to the S.U.T. Hospital, Thiruvananthapuram. Though the Juma-at office bearers promised to pay him the treatment expenses, they failed. Hence, he made a complaint before Venjarammoodu Police Station on 1.11.2003, and the police registered Crime No. 391/2003 under Section 324 I.P...
K.V. Joseph and Sons Vs. Surya Constructions
Court: Kerala
Decided on: Dec-15-2004
Reported in: AIR2005Ker159; II(2005)BC438; 2005(1)KLT236
K.S. Radhakrishnan, J. 1. The third respondent in the Writ Petition, the Superintending Engineer, Project Circle, Muvattupuzha issued a notification inviting pre-qualification and price bids for the work of MVIP-constructing Madakkathanam Minor Distributary from Ch.O m to 3765 m including flume, cut and cover, CD works etc. Notification was issued on 16.10.2003. The last date of submission of tender document was fixed as before 3 p.m. on 4.5.2004. Several persons submitted their tenders including the additional 4th respondent. Tender notification stipulated that the tender documents should be submitted through registered post. Writ Petitioner had sent the tender documents through registered post only on 5.5.2004. Since the tender documents were not received before 3 p.m. on 4.5.2004 by registered post the same was not considered.2. The pre-qualification committee in the meeting held on 14.5.2004 and 17.5.2004 rejected the pre-qualification documents sent by the writ petitioner since it...
Neelalohithadasan Nadar Vs. State of Kerala
Court: Kerala
Decided on: Dec-14-2004
Reported in: 2005(1)KLT481
ORDERK. Padmanabhan Nair, J.1. The accused in C.C.No. 2 of 2001 on the file of Judicial First Class Magistrate III; Thiruvananthapuram is the petitioner in this Criminal Miscellaneous Case. This Criminal Miscellaneous Case is filed challenging an order passed by the learned Magistrate by which the revision petitioner was directed to deposit an amount of Rs. 1,20,000/- approximately, to meet the expense of a Commission appointed for the purpose of examination of Sri. Sheik Ahmmed, who was the Additional Private Secretary to the petitioner as a defence witness.2. The short facts necessary for the disposal of this case is as follows: The petitioner is facing trial of an offence punishable under Section 354 of Indian Penal Code. The allegation against the petitioner, who was the Minister for Transport, Devaswom and Forest is that at or about 1.40 PM on 22.12.1999 he outraged the modesty of the de facto complainant, who was his Secretary at the relevant time. It is alleged that the incident...
George Thomas Vs. Geondy Joseph
Court: Kerala
Decided on: Dec-14-2004
Reported in: AIR2005Ker108; 2005(1)KLT864
S. Sankarasubban, J.1. This appeal is filed against the judgment and decree in O.S.No. 87 of 1996 of the Sub Court, Pala. Second defendant has come in appeal. The suit was originally filed for an injunction. But subsequently, the suit was amended for a declaration of title. The defendants filed written statements by which they raised a counter claim for recovery of possession of the property. The facts of the case are as follows:2. The first plaintiff and the second defendant are brothers. The second plaintiff is the son of the first plaintiff. The father of the first plaintiff and the second defendant executed a deed in favour of the second defendant. That included the plaint schedule property also. Originally, the plaintiff termed this transaction as a gift. Subsequently, the plaint was amended by stating that it is not a gift deed, but a Will. In the property owned by the second defendant by the gift, the second defendant and the father were living. The first plaintiff was in Malaba...
Shreyaskumar Achha Vs. Director, State Lotteries
Court: Kerala
Decided on: Dec-14-2004
Reported in: 2005(1)KLT841
K. Balakrishnan Nair, J.1. The first petitioner won the prize of Rs. 1 lakh for the the ticket SH 406687 of Soubhagya lottery, in Draw No. 446, held on 14.2.2004. He sent the ticket, claiming the prize amount, to the 1st respondent Director of Kerala State Lotteries, on 9.3.2004, which was received by the said Officer, on 15.3.2004. The second petitioner won the prize of Rs. 50,000/- of the Soubhagya lottery, in Draw No. 451 held on 20.3.2004. The said ticket was sent to the 1st respondent, on 27.4.2004, which was received by the said Officer, on 29.4.2004. In both the cases, the prize amounts were not disbursed in time. Hence this Writ Petition.2. Pursuant to the interim order issued by this Court, to consider the claim of the petitioners, the 1st respondent has passed Ext.P20 and P21 orders dated 13.9.2004, rejecting their claim. The petitioners amended the Writ Petition, challenging the validity of Exts.P20 and P21. They submit that the impugned orders have been issued, in violation...
Krishnakumari Vs. Venugopal
Court: Kerala
Decided on: Dec-14-2004
Reported in: 2005(2)KLT185
K. Padmanabhan Nair, J.1. The plaintiff in O.S. No. 340 of 1998 on the file of Family Court, Kollam is the petitioner in this Writ Petition. The Writ Petition is filed by the petitioner for quashing Ext.Pl decision rendered by the Lok Adalat organised by the Taluk Legal Services Committee in Lok Adalat Case No. O.S.340/98 and in M.C.547 of 1998 on the file of Family Court, Kollam.2. The petitioner filed O.S. No. 340 of 1998 before the Family Court, Kollam for realisation of an amount of Rs. 1,74,850/- with 12% interest and also for recovery of future maintenance at the rate of Rs. 750/- each for her children. The children were impleaded as plaintiffs 2 and 3 in the suit. The respondent married the petitioner on 19.1.1995. Two children are born to them in that wedlock. The relationship between the petitioner and the respondent became strained. According to the petitioner, the respondent used to manhandle her and on 30.8.1998 he left the petitioner and the children and thereafter he did ...
Kalyani Bharathan Vs. Abdul Muthalif
Court: Kerala
Decided on: Dec-14-2004
Reported in: 2005(1)KLT880
ORDERV. Ramkumar, J1. Respondents 1, 2, 5 and 4 respectively in a petition for eviction filed as R.C.P. No. 39/1990 before the Rent Control Court, Palakkad, are the revision petitioners herein. The said R.C.P. was filed by the first respondent herein for eviction of the respondents (6 in number) to the said R.C.P. on the ground of sub lease falling order Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the Act).2. For the sake of convenience, the parties will hereinafter be referred to according to their rank before the Rent Control Court.3. The Rent Control Court, after trial, as per order dated 19.12.1992, ordered eviction under Section 11 (4)(i) of the Act. Aggrieved by the order for eviction respondents 1 to 3 and 5 filed an appeal before the Rent Control Appellate Authority, Palakkad as R.C.A.No. 6/1993 and as per judgment dated 5.3.2001 the Appellate Authority dismissed the appeal confirming the order for eviction. Hence the ...
Gopalan Vs. State of Kerala
Court: Kerala
Decided on: Dec-13-2004
Reported in: 2005(1)KLT807
J.B. Koshy, J.1. Appellants in Crl.A. No. 1050/2003 were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life each with a fine of Rs. 20,000/- each and in default of fine to undergo rigorous imprisonment for three years each. Altogether six persons were charge sheeted for the offences punishable under Sections 143, 147, 148 and 302 read with Section 149 of I.P.C. The Sessions Court acquitted accused 4 to 6 of all the offences and also acquitted accused 1 to 3 of offences under Sections 143, 147, 148 and 149 of I.P.C, but convicted them under Section 302 read with Section 34 of I.P.C. Against the acquittal of the accused 4 to 6, P.W.1 filed Crl.R.P. No. 2450/2004 and both the cases were heard together.2. The prosecution case was that P.W.1 along with deceased Jose had been running toddy shops at the places, namely, Vellilappally, Vellakkada and Chakkampuzha Nirappu in the year 1999. The accused persons who were the todd...
Rajan Vs. State of Kerala
Court: Kerala
Decided on: Dec-09-2004
Reported in: [2005(104)FLR1166]; 2005(1)KLT250
Kurian Joseph, J.1. The procedure for leave on medical certificate is the issue to be decided in this Writ Petition. The petitioner filed an application for leave without allowances on medical certificate with effect from 6.5.1998 supported by a medical certificate from an Assistant Surgeon. However, as per Ext.P2, the same was rejected by the Government with the following endorsement:--'I am to invite your attention to the reference cited. As the medical certificate furnished in support of the leave seems to be bogus, you are directed to obtain and forward a second medical opinion from a Medical Board'.This communication is dated 23.9.1998. It is seen endorsed by the Director on 15.10.1998 and by the Sub Treasury Officer on 26.10.1998. According to the petitioner, he got information about Ext.P2 communication only on 16.11.1998 when as a matter of fact, he had already applied for extension of leave for a further period of 30 days with effect from 2.11.1998. Learned Counsel for the pet...
Kerala State Civil Supplies Corporation Vs. M.G.M. Transports
Court: Kerala
Decided on: Dec-09-2004
Reported in: III(2005)BC305; 2005(1)KLT467
S. Sankarasubban, J.1. These appeals are filed by the Kerala State Civil Supplies Corporation Ltd. (hereinafter referred to as 'the Corporation') against the judgment and decree in O.S.Nos. 120 and 121 of 1997 of the Sub Court, Ernakulam. Respondents are transport contractors. They provide vehicles for the transport of goods. The respondents are registered with the appellant as contractors. They filed the suits for the balance amount of transportation charges payable to them; But before the suits were filed, the plaintiffs approached this Court by filing O.P.Nos. 7626 and 7586 of 1989. Those Original Petitions were filed challenging the show cause notice issued by the Corporation for cancelling the registration and for arrears of transportation charges due to them. The Writ Petitions were pending in this Court till 30.6.1996. The Writ Petitions were disposed of without going into the merits. It was brought to the notice of the Court that so far as the show cause notice was concerned, n...