Kerala Court March 2005 Judgments
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High Court of Kerala Vs. Siraj
Court: Kerala
Decided on: Mar-01-2005
Reported in: 2005(2)KLT9
M. Ramachandran, J.1. Judgment in O.P.No. 5219 of 2002 dated 6.8.2004 is under challenge in Writ Appeal No. 1496 of 2004, at the instance of the High Court of Kerala. Two Original Petitions had been disposed of by a common judgment. The connected Original Petition was O.P.No. 7813 of 2002 and the respondent-- High Court of Kerala has filed Writ Appeal No. 1497 of 2004 therefrom. In the meanwhile, petitioners themselves had thought it necessary to bring in appeals to the extent reliefs had not been granted to them. The private respondents, who stood adversely affected, also have filed appeals, questioning the legality of the directions issued by the learned Single Judge. Third parties too have preferred Writ Appeals, seeking to intervene in the proceedings. Two Original Petitions, filed earlier, but which had not been listed along with the connected cases, also had been referred to be heard along with the group of Writ Appeals. The details could be given as herein below.2. Writ Appeal N...
Glory Fernandez Vs. Registrar, High Court of Kerala
Court: Kerala
Decided on: Mar-01-2005
Reported in: 2005(2)KLT59
A.K. Basheer, J.1. Is the dismissal of the appellant from Criminal Judicial Service legally and constitutionally valid2. The above question was answered in the affirmative by the learned Single Judge. Hence this Writ Appeal.3. The Appellant was working as Judicial Magistrate of First Class. He was dismissed from service after it was found in the domestic enquiry that he was guilty of the charges levelled against him. On December 7, 1987, the Registrar of the High Court had passed Ext.P11 order of dismissal. Though the appellant preferred an appeal against the above order before the Governor through the Registrar, it was not forwarded by the High Court on the ground that an appeal was not maintainable against the order in question. The matter was taken up before the Supreme Court. By order dated July 21, 1997 in Civil Appeal No. 4978 of 1997 the Supreme Court held that an appeal against the above order would lie to the Governor. Accordingly, the appeal filed by the appellant was forward...
Accountant General Vs. Shyson George
Court: Kerala
Decided on: Mar-01-2005
Reported in: [2005(105)FLR627]; 2005(2)KLT137
Kurian Joseph, J.1. The short and simple question to be considered in this case is whether mentally retarded dependant major children of a deceased pensioner is eligible to receive family pension only from the date of issuance of the medical certificate or from the day following the death of the pensioner. The Writ Appeal is at the instance of the respondent State and others in Writ Petition, O.P. 33561/01. The writ petitioner is a mentally retarded person. The documents available in the case would show that the retardation was from the very birth of the petitioner. The date of birth of the writ petitioner is 1.9.1959. His father was a Teacher in an aided Upper Primary School. He retired from service on 31.8.1987 and retired from life on 21.5.1988. He left behind a mentally retarded child, the writ petitioner. Petitioner's mother died earlier. His brother-in-law, the de facto guardian, Sri. E.J. Jose has been hectically making efforts for the eligible family pension of the writ petitio...
Standard Essential Oil Industries Vs. Forest Range Officer
Court: Kerala
Decided on: Mar-01-2005
Reported in: 2005CriLJ2915; 2005(2)KLT250
A.K. Basheer, J. 1. Is the order of confiscation of sandalwood oil passed under Section 61A of the Kerala Forest Act (for short 'the Act') illegal and without jurisdiction? The above question has arisen in the following facts and circumstances.2. On April 16, 1993 Kasaragod Police recovered 125 litres of sandalwood oil from the residence of appellant No. 1, the Managing Partner of M/s. Standard Essential Oil Industries which is engaged in extraction, purchase and sale of sandalwood oil. The police seized the contraband invoking the power under Section 52 of the Act since the appellants could not produce satisfactory and reliable documents in relation to the contraband. The police was of the view that appropriate action as contemplated under Section 61A of the Act had to be initiated by the Forest Officials concerned. Subsequently, the sandalwood oil was handed over to the Forest authorities. After complying with the statutory formalities and after hearing the appellants, the Authorised...
Sukumaran and ors. Vs. State of Kerala
Court: Kerala
Decided on: Mar-01-2005
Reported in: 2005CriLJ2385
V. Ramkumar, J.1. The four appellants herein who were the accused in S. C. 79/2000 on the file of the Fast Track Court (Ad hoc) II, kottayam were charge-sheeted by the Dy. S. P. of Police, Narcotic Cell, Kottayam (PW-16) for an offence punishable under Section 302 r/w. Section 34, IPC.2. The case of the prosecution can be summarised as follows :--On 7-2-1997 at or about 6.45 p.m. at Ayamkudy Kara in Muttuchira village of Vaikom Taluk in Kottayam District, the 4th accused came driving his goods autorickshaw (pick-up auto) bearing Regn. No. KL-5/B 9756 along with A1 to A3 in the said goods carrier and pulled up in front of Marangattil House of the deceased namely, Sathyadevan alias Sahadevan alias Sahadi aged 42 years. The deceased was the driver of a mini lorry. A 2 straightway went over to the deceased who was sitting along with PW-2 in the veranda of his house. A 2 caught hold of the deceased by the tuck of his dhoti and dragged him on to the Ezhumanthuruthu-Kapola road in front. The ...
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