Kerala Court December 2005 Judgments
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Oriental Insurance Company Ltd. Vs. Abdul Rasheed
Court: Kerala
Decided on: Dec-08-2005
Reported in: II(2006)ACC697; 2006ACJ1476; 2006(1)KLT589
J.M. James, J.1. An interesting question raised before this Court through this appeal is, whether a vehicle, which was stolen from its owner and was latter involved in an accident, while the same was driven by another person, who is either a thief or a person in possession of the stolen vehicle, could be treated as an authorised person entitled to drive, as per the conditions contained in the policy issued by the appellants, the insurer, in favour of the insured, the actual owner of the vehicle and therefore, the insurer is bound to indemnify the insured.2. The brief facts required for the disposal of this appeal are that the additional third respondent in O.P.(MV)No. 1365/98 on the file of the Motor Accidents Claims Tribunal, Attingal, in short the Tribunal, had reported to the Medical College Police Station, Thiruvananthapuram, that his motor cycle, bearing Regn.No. KL-01/K-3490 was stolen from his flat, No. 1, P.T. Chacko Nagar, Medical College P.O., Thiruvananthapuram. The Medical ...
State Bank of India Vs. Central Board of Direct Taxes
Court: Kerala
Decided on: Dec-08-2005
Reported in: (2006)201CTR(Ker)492; [2006]282ITR587(Ker); 2006(1)KLT258
K.S. Radhakrishnan, J.1. Whether the voluntary retirement from service would fall under the term 'termination of employment' within the meaning of Section 17(3) of the Income-tax Act and the relief under Section 89(1) is admissible after the grant of exemption under Section 10(10C)(viii) of the Income-tax Act is the question that arises for consideration in these cases.2. Petitioners were officers and employees of State Bank of Travancore who had availed of the benefit of voluntary retirement scheme (in short VRS) framed by the Bank in accordance with the guidelines prescribed under Rule 21-A of the Income Tax Rules. Altogether 915 employees had opted for the benefit of the Scheme and retired from service with effect from 31.3.2001. Bank had deducted at source the income-tax on the taxable income for the year 2000-2001 after excluding five lakhs under Section 10(10-C)(viii) of the Income-tax Act. After excluding that amount the Bank arrived at the tax payable by each of the employees t...
Al Ahli Bank of Kuwait (Ksc) Vs. M.T. Arabian Victory
Court: Kerala
Decided on: Dec-08-2005
Reported in: AIR2006Ker263; 2006(2)KLT775
J.B. Koshy, J.1. These cases were heard by a Division Bench of this Court in detail. Both the learned Judges who heard the matter delivered separate judgments and in view of the difference of opinion expressed by the Bench, the matter is placed before me for opinion by the Chief Justice under Section 23 of the Travancore-Cochin High Court Act read with Section 9 of the Kerala High Court Act. Both the learned Judges in their separate judgments dismissed Writ Petition No. 10591 of 2002 in limine and O.P. No. 19116 of 2002 without prejudice to the contentions of the petitioner and to seek relief before the appropriate court. I am not considering that part of the judgment. Therefore, what is left is only the Writ Appeal No. 2990 of 2002. Before stating the difference of opinion expressed by the two learned Judges, the facts of the case which are not in dispute are summarised in a nutshell.2. Al Ahli Bank of Kuwait (KSC) petitioner in W.P.(C)No. 27758of 2002, is the appellant herein. It fil...
Returning Officer Vs. Chamiyar
Court: Kerala
Decided on: Dec-08-2005
Reported in: 2006(2)KLT878
K.S. Radhakrishnan, J.1. Kerala State Election Commission is aggrieved by the interim order passed by the learned single Judge directing the State Election Commission to consider and pass orders on Ext.P3 in exercise of the powers under Section 34(2) of the Kerala Panchayat Raj Act within a period of three days of receipt of the order.2. Writ Petition was preferred seeking writ of certiorari to quash Ext.P2 intimation dated 7.9.2005 given by the returning officer stating that the nomination submitted by the Writ Petitioner was rejected since on scrutiny it was found that the petitioner was indebted to Mundoor Service Co-operative Bank Limited and hence disqualified to contest for election. Petitioner also sought for a writ of mandam is directing respondents 1 to 3 to accept his nomination for contesting as a candidate from Ward No. 14 of Mundoor Grama Panchayat and to include his name in the ballot papers in the election to be held on 26.9.2005.3. Sri Murali Purushothaman, counsel appe...
Siddique and Etc. Vs. State of Kerala
Court: Kerala
Decided on: Dec-08-2005
Reported in: 2006CriLJ1109
J.B. Koshy, J. 1. Father and son were charge-sheeted for the offences punishable under Sections 302 and 324 of the Indian Penal Code read with Section 34 IPC for murdering one Kunhimuhammed and for inflicting injuries on PW-1. PWs-1. to 3 are examined as occurrence witnesses. According to the prosecution, accused No. 1 had cut a chal across the Karuvambalam -- Koranganad Panchayat road and deceased Kunhimuhammed and PW-1 were trying to fill up the chal at about 6-00 p.m. on 5-2-1998. At that time, in furtherance of the common intention, Al and A2 pushed Kunhimuhammed and he fell down on his back and Al stabbed on his chest with a dagger which was later withdrawn and Kunhimuhammed sustained injury on his chest and he succumbed to the injury on 9-2-1998 at Moulana Hospital, Perinthal-manna. Accused No. 2 grabbed the dagger from Al and attempted to commit murder of Muhammedkutty (PW-1) by stabbing with the same dagger and he had sustained injury on his left wrist as he warded off the stab...
Ali Vs. State of Kerala
Court: Kerala
Decided on: Dec-07-2005
Reported in: 2006(1)KLT205
Thottathil B. Radhakrishnan, J.1. Petitioner is a graduate in Commerce. As per resolution dated 12-8-2005 he was promoted as General Manager of the third respondent Co-operative Bank and is due to retire on 31-7-2009.2. Petitioner filed W.P.(C).No. 17020 of 2004 before this Court challenging the validity of the amendments made to Rules 185 and 186 as amended by Act 5 of 1996. That Writ Petition is admitted and pending with no interlocutory orders in favour of the petitioner.3. By Ext.P3, the Public Service Commission issued notification on 15-6-2004 for recruitment to the post of General Manager in the District Co-operative Banks, including in the Wayanad District Co-operative Bank, the third respondent herein, the employer of the writ petitioner. The qualifications prescribed under Category No. 83/04 in Ext.PS for the post of General Manager, is the statutory qualification as per Rules 185 and 186 as amended by Act 5 of 1996.4. Having noticed that the third respondent Bank had not res...
Raja Raja Varma Thampuran A.K. Vs. Regional Director, E.S.i. Corporati ...
Court: Kerala
Decided on: Dec-07-2005
Reported in: [2006(111)FLR950]; (2006)3LLJ81Ker
J.M. James, J.1. The question that arises for consideration in this appeal is, whether an employee under the Employees' State Insurance Act, 1948, in short 'the Act', is entitled for the benefit of extended sickness, even when such an employee, due to the wage limit, had gone out of the insurance contribution coverage, for a particular period, because of the application of Rule 50 of the Employees' State Insurance (Central) Rules, 1950, in short 'the Rules'.2. The brief facts of the case are that the appellant was an Assistant Spinning Master in Eurospin Industries Ltd., at Chelembra, Kozhikode District. He was an insured employee under the ESI Scheme from June 8, 1993. However, he had gone out of the Insurance coverage from April 1, 1995 to December 31, 1996. Thus, there was no contribution made by him towards the ESI Scheme, and hence, he is not entitled for any benefit. On January 1, 1997, he came within the insurance coverage by virtue of application of Rule 50 of the Rules, and pa...
National Medical Educational Charitable Trust Vs. Kerala Nursing and M ...
Court: Kerala
Decided on: Dec-06-2005
Reported in: 2006(2)KLT612
K. Balakrishnan Nair, J.1. The petitioner trust has filed this Writ Petition, challenging the order of the 1st respondent Kerala Nurses and Midwives Council, declining to grant approval for its School of Nursing, for the academic year 2O05-06. The brief facts of the case, as stated by the petitioner, are the following :2. The petitioner has obtained a No Objection Certificate from the Kerala Government, for establishing a Nursing School, as per Ext.P1 order dated 13.06.2005. It took a three storeyed rented building with a floor area of 14000 sq.ft. at Perumapadappa Panchayat in Malappuram district, for starting the Nursing school during this academic year itself. It has already purchased a plot of 7.04 acres in Thirumittakode Panchayat to construct the building to house the Nursing School. It has provided all requisite facilities like four class rooms, laborataries for Nursing Practice, Community Practice, Nutrition Laboratory, Audio Visual Aids, Fundamental and Anatomy Laboratories, r...
Harrisons Malayalam Ltd. Vs. Regional Provident Fund Commissioner
Court: Kerala
Decided on: Dec-06-2005
Reported in: [2006(110)FLR1115]; 2006(1)KLT678; (2006)IILLJ479Ker
Thottathil B. Radhakrishnan, J.1. Ext. P4 order of the Appellate Tribunal under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, hereinafter referred to as the 'Act' dismissing an application to condone the delay in filing a statutory appeal challenging an order under Section 14B of the Act levying damages, is under challenge.2. Ext. Pl order, levying damages, issued on 28-2-2003, was served on the appellant on 7-4-2003 and the appellant despatched an appeal on 4-8-2003, that is, a day before 5-8-2003, the date on which 120 days would expire from 7-4-2003, the date on which Ext. Pl order was communicated to the petitioner. By the impugned Ext. P4 order, the Tribunal has held that the delay in this case is beyond 60 days, which cannot be condoned in view of the proviso to Sub-rule (2) of Rule 7 of the Employees' Provident Funds Appellate Tribunal (Procedure) Rules, 1997, for short, hereinafter, the 'Rules'.3. Rules 7(2) and 4(1) of the Rules are relevant in the con...
Siraj Vs. District Collector
Court: Kerala
Decided on: Dec-05-2005
Reported in: 2006(1)KLT47
K. Balakrishnan Nair, J.1. The petitioners have approached this Court, feeling aggrieved by the orders issued by the Tahsildar, Kanayannur Taluk and the Health Officer of the Corporation of Kochi, prohibiting the slaughtering of two camels, brought by them from outside the State. The brief facts of the case, as stated by the petitioners, are the following :2. The second petitioner is the licensee of a beef stall in Kaloor market. The first petitioner is an employee under him. They have brought two camels for slaughtering and selling their meat on the occasion of Id-ul-Fitr. They submit, there is no prohibition to slaughter camels anywhere in Kerala or in any part of the country. The 2nd respondent Tahsildar of Kanayannur taluk, who is also exercising the powers of the Executive Magistrate, under the provisions of the Cr.P.C. issued Ext.P3 order dated 29.10.2005, prohibiting the slaughtering of the two camels, brought by the petitioners. The first petitioner filed Ext.P4 objection to Ex...
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