Court : Kerala
Reported in : I(2005)ACC438; 2005ACJ613; 2004(3)KLT552
J.B. Koshy, J.1. This appeal is filed by the Insurance Company against the award passed by the Motor Accidents Claims Tribunal, Tirur in O.P. (M.V.) No. 378 of 1999. Respondents 1 to 3 are the husband, father and mother of one Hajira who died in a motor accident.2. On 8th June 1996 at about 3.30 p. m. while the deceased was travelling in a Trekker bearing Registration No. KL 9A/8440 from Tanur to Tirur, bus bearing Registration No. KCF 9219 driven by the 5th respondent herein in a rash and negligent manner dashed against the Trekker as a result of which some of the passengers were seriously injured and Hajira died. The deceased was a poor lady aged 20. She was in the advanced stage of pregnancy at the time of the accident. According to the claimants, the deceased was earning Rs. 75 per day. But the Tribunal fixed only notional income of Rs. 1,500 and dependency loss at Rs. 1,000 per month. Considering the facts and circumstances of the case, the Tribunal awarded a compensation of Rs. 2...
Tag this Judgment!Court : Kerala
Reported in : 2004(2)KLT758
J.B. Koshy, J.1. All these petitions are filed in public interest annoyed by the fact that despite various judgments of this court and the Honourable Apex Court, there are frequent bandhs, forced hartals and general strikes in the State harassing general public causing trouble, inconvenience, loss and injury to them and a situation is created by unscrupulous, anti-national and anti-people groups who force majority of the people not to move about and force them in illegal detention in their own house by threat, coercion and force. Examinations to be conducted by the Universities and Government agencies are being postponed on such days. Doctors who are going to the hospitals are being attacked. Government Transport Corporation themselves stop running their buses thus preventing the willing workers and employees from going to the work places. Previous experience on occasions of hartals and general strikes cast an obligation on the part of the Government to take preventive measures. It is ...
Tag this Judgment!Court : Kerala
Reported in : AIR2004Ker302; 2004(2)KLT857
J.B. Koshy, J. 1. Disgusted, disheartened and distressed by the suffering of people, at large, by the frequent processions and agitations violating the directions of this Court as affirmed by the Supreme Court, certain associations and citizens, in the interest of public, filed these Original Petitions. They highlighted various incidents happened in Thiruvananthapuram city during such processions. According to the petitioners, almost every day there are various processions, demonstrations and agitations before the Secretariat and free flow of traffic is obstructed. On such days on many occasions, anti-social elements attack business establishments also. Since entire traffic is blocked, people are unable to go to offices, hospitals, etc. and in spite of various Court decisions Government is not taking any serious action with sincerity to protect the fundamental rights of the citizens to move about etc.2. In the counter affidavit filed by the Government in O.P.No. 38037 of 2002 it is sta...
Tag this Judgment!Court : Kerala
Reported in : I(2005)ACC318; 2005ACJ1147; 2004(3)KLT1007
J.B. Koshy, J.1. Appellant/petitioner was knocked down by a motor cycle driven by the first respondent while standing by the road side at around 10 hours on 28th November, 1995 and he sustained injuries. The injuries sustained by the appellant are: compound fracture (R) humerus; comminuted fracture (R) II, III, IV metacarpals of right leg; trochanteric fracture (R) femur; supracondylar fracture (L) femur; 8th rib fracture on the right side; abrasion over both knees; lacerated wound 4 cm. over (L) thumb and lacerated wound 8 cm. long lateral aspect of right thigh. He claimed that he was doing the business of manufacturing and selling country bricks and getting Rs.3,000/- per month. Even though the Tribunal found that there was valid insurance, contributory negligence at 10 per cent was fixed on the claimant and balance alone was directed to be deposited by the Insurance Company. Tribunal awarded a total compensation of Rs. 1,53,180/- against the claim for Rs.3,91,500/-. Finding of contr...
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Reported in : (2007)7VST512(Ker)
N.K. Sodhi, C.J.1. The appellant is carrying on a small-scale industrial unit under the name and style M/s. Kakkattu Hollow Bricks at Thodupuzha. The industrial unit is engaged in the manufacture of hollow bricks, doors and windows with concrete. The appellant claimed exemption from payment of sales tax in terms of the Notification S.R.O. No. 1729/1993 as modified by S.R.O. No. 1092/1999. S.R.O. No. 1092/1999 was further amended by Notification S.R.O. No. 295/2000. In terms of the aforesaid notifications a new industrial unit under the small-scale industry is given exemption for a period of 7 years from the date of commencement of commercial production provided that the units satisfy the conditions enumerated therein. The relevant clause which governs the case of the appellant is reproduced herein for facility of reference:(b) owned or acquired or has been allotted land for establishing the industrial units and applied for financial support from any regular financial institution/Govern...
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Reported in : III(2004)ACC751
J.B. Koshy, J.1. Appellant/petitioner was knocked down by a motor cycle driven by the first respondent while standing by the road side at around 10 hours on 28.11.1995 and he sustained injuries. The injuries sustained by the appellant are: compound fracture (R) humerus; comminuted fracture (R) II, III, IV metacarpals of right leg; trochanteric fracture (R) femur; supracondylar fracture (1) Femur; 8th rib fracture on the right side; abrasion over both knees; lacerated wound 4 cm. over (1) thumb and lacerated wound 8 cm. long lateral aspect of right thigh. He claimed that he was doing the business of manufacturing and selling country bricks and getting Rs. 3,000/- per month. Even though the Tribunal found that there was valid insurance, contributory negligence at 10% was fixed on the claimant and balance alone was directed to be deposited by the Insurance Company. Tribunal awarded a total compensation of Rs. 1,53,180/- against the claim for Rs. 3,91,500/-. Finding of contributory neglige...
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Reported in : 2004(2)KLT681
K. Balakrishnan Nair, J. 1. The petitioner is the Secretary of the Joint Christian Action Council. This Writ Petition is filed by him, seeking a writ of mandamus against the State of Kerala and its Law Secretary to take action on certain representations filed by the Council, praying to issue an exemption notification under Section 3 of the Indian Succession Act. The brief facts of the case are the following:-2. The declaration of law made by the Apex Court in 'Mary Roy v. State of Kerala', 1986 KLT 508 SC has affected the settlement of properties made by several Christian families in Kerala. The Apex Court declared that the provisions of the Indian Succession Act, 1925 (hereinafter referred to as the Act) will govern intestate succession of Christians, thought to be governed till that time, by the local Laws. On behalf of the Christians affected by the said Judgment, the petitioner moved the Government and the Government agreed to introduce a State Legislation for nullifying the retros...
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Reported in : 2004(2)KLT706
N.K. Sodhi, C.J.1. Whether the provisions of Section 5A of the Kerala Building Tax Act, 1975 (hereinafter referred to as 'the Act') levying a luxury tax of two thousand rupees annually on all residential buildings having a plinth area of 278.7 square meters or more and completed on or after April 1, 1999 are unconstitutional? This is the short question which arises for consideration in this Writ Appeal directed against the judgment dated February 18, 2003 delivered by a learned Single Judge whereby the provision has been held to be constitutionally valid.2. Since the issue involved is purely legal, it is not necessary to refer to the facts of the case. The learned counsel for the appellant has reiterated all the submissions made before the learned Single Judge but has laid more emphasis on three contentions. It is urged that the assessment of luxury tax on the basis of plinth area is illegal and that the cut off date of April 1, 1999 as fixed is arbitrary and that the classification of...
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Reported in : 2004(3)KLT955
ORDERN.K. Sodhi, C.J.1. This Revision Petition has been filed by the tenant under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') against the order dated January 28,2003 passed by the Rent Control Appellate Authority directing him to put the landlord in possession of the demised premises under Section 12(3) of the Act.2. Facts giving rise to this petition which lie in a narrow compass may first be noticed.3. The landlord-respondent filed a petition Under Sections 11 (2)(b) and 11 (3) of the Act seeking ejectment of the petitioner on the ground of non-payment of rent and also on the ground that he (landlord) bona fide needs the building for his own use and occupation. It is alleged that the landlord is an Ayurvedic Medical Practitioner and bona fide requires the tenanted premises for stocking, preparing the storing medicines as he intends to start his consultancy in the adjoining room. The petition was contested by the petitioner. He denied th...
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Reported in : 2005(1)KLT91
K.A. Abdul Gafoor, J.1. The appellant is the complainant in C.C. No. 58/1994 on the file of the Judicial Magistrate of the 1st Class-II, Hosdurg. A complaint filed by him alleging an offence punishable Under Section 500 I.P.C. against the respondents did not succeed and they were acquitted. Hence this appeal.2. The respondents are Printer and Publisher of an Evening Daily named 'Jenmadeshom'. In its issue dated 22.12.1993, a news item that the appellant/ complainant, a teacher in an aided school, has been transferred as he had misbehaved to a girl student of 7th standard was published. According to the appellant, this is defamatory and belittled him among the students and his colleagues. Therefore, the respondents committed an offence punishable Under Section 500 IPC.3. The complaint was contested by the 2nd respondent who admitted before the Court below that he was the Editor-in-Charge of Jenmadeshom Evening Daily and that he had published Ext. P1 issue dated 22.12.93 of the said dail...
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