Kerala Court May 2004 Judgments
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Narayanan Vs. Vinod
Court: Kerala
Decided on: May-27-2004
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...
Madhavan Embranthiri Vs. Thomas
Court: Kerala
Decided on: May-27-2004
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...
Johny Kuruvilla Vs. Reserve Bank of India
Court: Kerala
Decided on: May-26-2004
Reported in: II(2005)BC182; [2006]129CompCas577(Ker); 2004(2)KLT693
M. Ramachandran, J.1. The issue that has been agitated by the petitioner is justifiability and suitability of Ext.P2 and P3 circulars issued by the Reserve Bank of India dated 29.4.2003 and 26.6.2003. The cumulative effect of the above circulars is that Primary Co-operative Banks of the country are not to make, provide or renew either secured nor unsecured loans and advances nor extend any other financial accommodation to its directors and their relatives. The term 'financial accommodation' and 'relative' had been defined in the annexure of the order and the relatives include Father, Mother, Son, Son's wife, Daughter, Daughter's husband, Brother, Brother's wife, Sister, Sister's husband etc.2. The petitioner was having an uninterrupted and well maintained overdraft account with the 2nd respondent Urban Co-operative Bank from 1990 onwards. This was renewed from year to year. The limit was Rs. 1,00,000/- originally, but from 1995 onwards, this has been raised to Rs. 2,50,000/-. The direc...
Varghese Vs. Krishnan Nair
Court: Kerala
Decided on: May-26-2004
Reported in: 2005ACJ392; 2004(2)KLT783
J.B. Koshy, J. 1. Appellants are the parents of one Fr.Jose Vettukallumpurath who died in a motor vehicle accident. He was a member of Monastery called Carmel Provincial House, Muvattupuzha. The appellants filed a claim for compensation before the Motor Accidents Claims Tribunal, Muvattupuzha and it was numbered as O.P.(M.V.) No.662 of 1995. Monastery also filed a claim petition claiming compensation for the death of the very same Priest and it was numbered as O.P.(M.V.) No.663 of 1995. Both cases were heard together and a common award was passed. This appeal is filed against the award in O.P.(M.V.) No. 662 of 1995. The award in O.P.(M.V.) No.663 of 1995 granting compensation to the provincial house is not challenged. However, as directed by this Court, provincial house was impleaded as a party in this case and they were also heard. So, being a motor accident claim appeal, without going into the technicalities, we may consider whether the award of the Tribunal in granting compensation ...
Louiz Vs. Augustin
Court: Kerala
Decided on: May-26-2004
Reported in: AIR2005Ker1; II(2005)BC345; 2004(3)KLT71
R. Bhaskaran, J.1. This appeal is filed by the plaintiff in a suit for realisation of a sum of Rs. 47,550.39 with future interest and cost. Plaintiff and defendant were the partners of a firm 'Lions Knitting Industries'. The firm had availed a loan from Canara Bank and the Bank filed O.S. 185/1978 on the file of the Sub Court, Kochi and obtained a decree on 22.11.1980 against the firm. It is stated that the plaintiff had mortgaged his property to the Bank and in execution of the decree the property was brought to sale and the plaintiff paid an amount of Rs. 71,154.40 on 14.2.1985. There were earlier two payments of Rs. 1000/- each and altogether the plaintiff paid Rs. 73,154.50. According to the plaintiff, the plaintiff is entitled to recover half of the amount paid by him from the defendant who was the other partner of the firm. Though the plaintiff demanded the amount as per lawyer notice dated 24.5.1986, the defendant did not reply to the notice nor paid the amount. Hence the suit w...
Varghese and anr. Vs. P.K. Krishnan Nair and ors.
Court: Kerala
Decided on: May-26-2004
Reported in: III(2004)ACC438
J.B. Koshy, J.1. Appellants are the parents of one Fr. Jose Vettukallumpurath who died in a motor vehicle Accident. He was a member of monastery called Carmel Provincial House, Muvattupuzha. The appellants filed a claim for. compensation before the Motor Accident Claims Tribunal, Muvattupuzha and it was numbered as O.P. (M.V.) No. 662 of 1995. Monastery also filed a claim petition claiming compensation for the death of the very same priest and it was numbered as O.P. (M.V.) No. 663 of 1995. Both cases were heard together and a common award was passed. This appeal is filed against the award in O.P. (M.V.) No. 662 of 1995. The award in O.P. (M.V) No. 663 of 1995 granting compensation to the Provincial House is not challenged. However, as directed by this Court, Provincial House was impleaded as a party in this case and they were also heard. So, being a motor Accident claim appeal, without going into the technicalities, we may consider whether the award of the Tribunal in granting compens...
Pathumma Vs. State Election Commission
Court: Kerala
Decided on: May-25-2004
Reported in: 2004(2)KLT568
M. Ramachandran, J. 1. The Kerala Local Authorities (Prohibition of Defection) Act, 1999 (hereinafter referred to as the Act) authorises, under Section 4 of the Act, the State Election Commission to decide any question as to whether a member of a local authority has become subject to disqualification provided under the Act, on a petition filed before him. The petitioners in the above two Writ Petitions were elected members of the Kunnamangalam Panchayat, in the Malappuram District. The two women members were signatories to a No Confidence Motion, and on it being tabled on 4.1.2003, the President and Vice President of the Panchayat had to bow out. Two Original Petitions as O.P.No.9 and 10 of 2003 thereupon came to be filed before the State Election Commission. The petitioner there was the unseated President Mr. Chakkeeri Abdul Haque (2nd respondent herein). The prayers in the petitioners were for holding that the said members had committed defection as envisaged by Section 3 of the Act ...
Udayakaran Vs. Ahammedkannu
Court: Kerala
Decided on: May-25-2004
Reported in: 2004(2)KLT969
Cyriac Joseph, J.1. This Writ Appeal arises from the judgment in W.P.(C) No. 24568/2003. The appellant was the 5th respondent in the Writ Petition and respondents 1 to 3 were the petitioners in the Writ Petition. Respondents 4 to 7 herein were respondents 1 to 4 in the Writ Petition.2. The dispute relates to the election to the Committee of the 6th respondent Kerala State Handicrafts Apex-Co-operative Society Limited, Ernakulam (hereinafter referred to as 'the Society') which is governed by the provisions of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act') and the Kerala Co-operative Societies Rules (hereinafter referred to as 'the Rules').3. When the term of office of the existing committee of the Society was due to expire on 30.6.2003, the Committee passed resolution No.4 dated 10.4.2003 resolving to conduct election to the Committee of the Society 19.6.2003. On 10.4.2003 itself the Committee passed resolution No.4(a) resolving that the terms of bye-...
Peravoor Grama Panchayat Vs. Rafi
Court: Kerala
Decided on: May-25-2004
Reported in: 2004(2)KLT1115
K.A. Abdul Gafoor, J.1. The Secretary of the Peravoor Grama Panchayat initiated prosecution proceedings against the respondents in these appeals, as they committed default in payment of rent of the buildings occupied by them, based on an agreement between the parties. The buildings were leased out to them by the Panchayat. Steps were taken to recover the defaulted rent arrears issuing distress warrant, but failed. Therefore, prosecution was initiated in terms of Section 210 of the Kerala Panchayat Raj Act. It ended in acquittal. Therefore, these appeals.2. It is contended by the appellant that if the tenants of the Panchayat had defaulted payment of rent in respect of the building taken by them from the Panchayat, prosecution can be launched on failure of the distraint efforts, placing reliance on the second proviso to the said section. The Kerala Panchayat (Acquisition and Transport of Immovable Property) Rules, 1963 enable leasing out of the property of the Panchayat and recovery of ...
Sajeev T.K. Vs. Provident Fund Commissioner and anr.
Court: Kerala
Decided on: May-25-2004
Reported in: (2004)IIILLJ650Ker
M. Ramachandran, J.1. Exhibit P4 proceedings had been addressed by the respondents-Employees Provident Fund Organisation towards the petitioner. Thereby, the petitioner was directed to make a payment of Rs. 2, 68,739/- being outstanding dues of contribution with respect of Malabar Chemical Company, Palluruthy. He has subjected this to challenge. According to the petitioner, there was an improper adjudication and he has been asked to shoulder the liability which is not sustainable legally.2. Averments in the Writ Petition indicate that the Malabar Chemical Company was proprietary establishment owned by one Mr. K.H. Patel. He had other business also. Petitioner submits that effective from January 1, 2002, he had been given a power of attorney by Mr. Patel and he was as a friend, helping Mr. Patel in the matter of his affairs. A copy of the power of attorney which is dated January 1, 2002 is produced as Exhibit P1. Mr. Patel had passed away on March 17, 2002. It appears that provident fun...
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