Kerala Court June 2005 Judgments
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Public Service Commission Vs. Ramesan
Court: Kerala
Decided on: Jun-22-2005
Reported in: 2005(4)KLT466
K.A. Abdul Gafoor, J.1. All these Writ Appeals, except W. A. No. 1180 of 2004, which will be dealt with separately, have been filed by the Kerala Public Service Commission. In the impugned judgment, it is directed:'...to take all steps so as to see that the applications of the petitioners in these Original Petitions are treated as valid for all purposes. What is necessarily to be done by the Public Service Commission are to be expeditiously carried out. Depending upon the ultimate rank they secure, as adjudged, they have to be accommodated in the rank list which is already published.'This direction was issued after having found that 'the petitioners have a strong base when they urge that notwithstanding the reference to the pay scales in the notification, it has in fact an invitation to a post which carried basic pay of less than Rs. 250 (in this case Rs. 140) in contradistinction to posts which had pay scale of Rs. 250 and above'. The short facts necessary for disposal of these Writ A...
State of Kerala Vs. Kuruvila
Court: Kerala
Decided on: Jun-21-2005
Reported in: 2005(3)KLT580
K.A. Abdul Gafoor, J.1. First among these two appeals is by the State impugning the enhancement of the land value and the latter one is by the claimant seeking further enhancement for the land acquired from him.2. The land was acquired for the purpose of railways based on a notification issued on 14.2.1989. In the reference application, mainly three disputes were raised by the claimant. One is regarding the extent of the land. According to him, the land measured 22 cents equal to 8.94 Ares, whereas according to the Collector, it was only 18 cents equivalent to 7.29 Ares based on the title deed. According to the claimant, he was entitled to get compensation for the land taken from his possession from within the compound walls on all the four sides. It was his own residential property. The second among the claims raised was with regard to the land value. According to him, he was entitled to Rs. 15,000/- per cent equal to Rs. 37,065/- per Are based on the market value available in the loc...
Salu Vs. Assistant Controller
Court: Kerala
Decided on: Jun-20-2005
Reported in: 2005(3)KLT520
ORDERV. Ramkumar, J.1. This Crl.M.C. filed under Section 482 Cr.P.C. seeking interim custody of a tanker lorry seized by the Assistant Controller (Flying Squad), Department of Legal Metrology, Thrissur, for allegedly violating Section 37(1)(vii) of the Standards of Weights and Measures (Enforcement) Act, 1985 (hereinafter referred to as 'the Enforcement Act' for short), comes up before us on a reference by one of us, (Padmanabhan Nair, J.)2. The aforesaid tanker lorry bearing registration No. KL-7F 6093 of which the petitioner herein (1st accused in S.T.No. 4940/03 on the file of JFCM, Chittur) is the registered owner, was on inspection by the respondent Assistant Controller on 1.8.2003, found to contain a secret chamber inside the 3rd compartment of the main tank. The said secret chamber having a capacity of 121.108 liters was fitted with a special valve which would open to facilitate the secret chamber also to get filled while the main tank was filled with fuel. But while emptying th...
Raveendran Vs. Jayasree
Court: Kerala
Decided on: Jun-20-2005
Reported in: IV(2005)ACC73; 2006ACJ1215; [2006(107)FLR202]; 2005(3)KLT351; (2005)IIILLJ498Ker
J.B. Koshy, J.1. First opposite party in W.C.C. No. 10 of 2002 on the file of the Commissioner for Workmen's Compensation, Kannur is the Appellant herein. Respondents in the appeal claimed compensation on the ground that husband of the first respondent and father of respondents 2 to 5, while working as watchman in the house of the appellant, died during the course of employment and the death was arising out of employment. During the pendency of the proceedings, the matter was agreed to be settled on payment of Rs. 75,000/-. The agreement was not produced. First claimant widow of the deceased employee deposed before the Court that her husband was employed under the appellant and during the course of employment he met with an accident and died. Even though in the application for claim, she claimed that his salary was Rs. 4,500/-, during evidence, she deposed that it was only Rs. 1,000/- (may be due to the settlement). Even though in the claim petition the age of her husband was mentioned...
Sujatha Vs. Prema
Court: Kerala
Decided on: Jun-20-2005
Reported in: 2005CriLJ3262; 2005(3)KLT458
ORDERM. Sasidharan Nambiar, J.1. The nuisance sought to be removed by invoking Section 133 of the Code of Criminal Procedure is the nuisance caused by environmental pollution. Whether the onus of proof is on the party who alleges the nuisance or on the person who causes the alleged nuisance. It is the interesting question to be resolved.2. Respondents are conducting a tyre reconditioning unit by name and style 'City Tyres' in building 307 and 308 of Thiruvambady Ward in Alappuzha Municipality. The building is situated in a residential area. The building is very close to the residential house of petitioner. Contending that the Unit is functioning day in and day out and large number of tyres are melted in a very high temperature and strong chemicals are used for the said purpose. Petrol, Sulpher, Rubber and other chemicals are used without any precautionary measure and it causes serious health hazardous to the members of the family of the petitioner, she approached the Sub Divisional Mag...
Kerala State Stamp Vendors Association and ors. Vs. Office of the Acco ...
Court: Kerala
Decided on: Jun-20-2005
Reported in: (2006)200CTR(Ker)658; [2006]282ITR7(Ker)
C.N. Ramachandran Nair, J.1. While the petitioners in Writ Petn. (C) Nos. 20115 of 2003 and 6718 of 2005 are associations of stamp vendors in Kerala, the petitioners in all other writ petitions are individual stamp vendors. The challenge in all the writ petitions is against the demand made by the IT Department to the Treasury Officers to recover income-tax from the discount allowed to stamp vendors on the sale of stamp paper to them. The members of the two petitioner-associations and the other petitioners are licensed stamp vendors engaged in purchase of stamp paper from the Treasury and sale of the same in accordance with the Kerala Manufacture and Sale of Stamp Rules, 1960 (hereinafter called 'the Rules'). Stamp papers are sold to the licensed vendors by the Treasury at a discounted price which varies from 1 per cent to 4.5 per cent depending on the face value of the stamp paper. The highest denomination stamp paper sold through stamp vendors is Rs. 10,000. While the case of the IT D...
Balakrishnan Vs. Secretary to Government
Court: Kerala
Decided on: Jun-17-2005
Reported in: 2005(3)KLT362
J.B. Koshy, J.1. Appellant/petitioner, Manager of an aided school appointed one Laya a Hindi teacher on a vacancy that arose on 20.9.1999. The fifth respondent is a Rule 51A claimant as she has earlier approved service in the Management and later she was retrenched. Rule 51A of Chapter XIVA of the Kerala Education Rules reads as follows:'51A. Qualified teachers who are relieved as per Rule 49 or 52 or on account of termination of vacancies shall have preference for appointment to future vacancies in schools under the same Educational Agency or an Educational Agency to which the school may be subsequently transferred provided they have not been appointed in permanent vacancies in schools under any other Educational Agency'.It has been repeatedly held by this Court that when there are 51A claimants they shall be appointed as 51A is a superior claim. Approval of the candidate appointed by the Manager was declined by the educational authorities. Government also did not accept the same in r...
Arumughan Pillai Vs. State of Kerala
Court: Kerala
Decided on: Jun-17-2005
Reported in: I(2006)BC518; [2006]131CompCas66(Ker); 2005CriLJ3259; 2005(3)KLT506
K. Thankappan, J.1. This appeal is filed by the complainant in C.C.No. 167/2001 on the file of the Judicial Magistrate of the First Class-I, Punalur. The above said calander case was on the basis of a complaint filed by the appellant alleging that Ext.P1 cheque issued by the 2nd respondent for an amount of Rs. 2,25,000/- in discharge of liability cast on him was dishonoured with the endorsement 'funds insufficient'. After completing the statutory formalities, the appellant filed the complaint under Section 138 of the Negotiable Instruments Act, 1981, hereinafter referred to as the 'Act'. Before the Trial Court, prosecution examined PWs.1 and 2 and Exts.P1 to P6 were marked. On the side of the defence PWs. 1 and 2 were examined and Exts. D1 to D4 were marked. After closing the evidence, the 2nd respondent was questioned under Section 313 Cr.P.C. He denied the entire incriminating circumstances. The Trial Court found that the appellant had failed to establish the charge under Section 138...
Noushad Vs. State of Kerala
Court: Kerala
Decided on: Jun-17-2005
Reported in: 2005(4)KLT381
M. Ramachandran, J.1. The legal question that requires a decision in this group of Original Petitions/Writ Petitions is common. They had been heard together and are being disposed of by a common Judgment.2. Sri T. P. Kelu Nambiar, Senior Counsel and assisted by M/s K. Subash Chandra Bose, D. Somasundaram, B. Mohanlal, G. Sasidharan Chempazhanthiyil, T.N. Manoj, Shoby K. Francis, N. Nagaresh, V. Chitambaresh, Bobby Joseph, S. Muhammed Haneeff, Sreeprakash K. Nair, M.R. Rajesh, S. Krishnamoorthy, Philip T. Varghese, P.A. Sibu Rahim, Ramakrishnan, C.V. Bindu, I. V. Pramod, V.K. Sunil, PR Venketesh, Noushad Thottathil, Suresh Kumar Kodoth, Grashious Kuriakose, Vijayan Meleth and Smt Klndu represented the cause of the petitioners. We had opportunity to hear Mr. P. Nanda kumar, learned Government Pleader, who represented the respondents.3. The petitioners had been recruited as Police Constables, and the earliest of them had entered service in 1993. Recruitment of Police Constables, as envisa...
Balanandan Vs. Koyakutty
Court: Kerala
Decided on: Jun-17-2005
Reported in: 2006(1)KLT117
K.T. Sankaran, J.1. This revision is filed by the legal heirs of the original tenant who was sought to be evicted from the petition schedule building under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act. While the Rent Control Court dismissed the application on both the grounds, the Appellate Authority allowed the appeal and held that the landlord has established sufficient grounds for eviction under Section 11(2)(b) and 11(3) of the Act. Challenging the judgment of the Appellate Authority, the C.R.P. is filed.2. It is contended by the landlord in the application for eviction that the petition schedule shed belonged to the petitioner's father Alavi Haji and it was entrusted to the tenant Balanandan on a monthly rent of Rs. 225 on 6-3-1981. After the death of Alavi the property belonged to his legal heirs of whom the petitioner is the head of the family. The tenant has paid rent up to March 1994 and thereafter he has kept rent in arrears. The shed is re...
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