Kerala Court June 2005 Judgments
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All Kerala Document Writers and Scribes Association Vs. State of Keral ...
Court: Kerala
Decided on: Jun-14-2005
Reported in: 2005(3)KLT234
K. Balakrishnan Nair, J.1. The petitioners in these Writ Petitions are aggrieved by the refusal of the Sub Registrars to accept the documents stated to have been executed on or before 31.3.2005, when they were presented for registration, after the said date. One of the Writ Petitions, WP(C) No. 12674/05, is filed by the All Kerala Document Writers and Scribes Association. The brief facts necessary for the disposal of the Writ Petitions are the following:2. The Kerala Finance Act, 2005 (Act 10 of 2005) amended the schedule to the Kerala Stamp Act, providing for higher rate of stamp duty for conveyance deeds. The same was enforced with effect from 1.4.2005. The petitioners submit, they prepared and executed the documents before 1.4.2005 and presented them for registration on 1.4.2005 or thereafter. But, the Sub Registrars declined to accept those documents for not paying the stamp duty at the revised rate, prevailing on the date of presentation of the documents. So, the petitioners, rely...
Sasikala Kumari Vs. Piravathoor Service Co-operative Bank Ltd.
Court: Kerala
Decided on: Jun-14-2005
Reported in: [2005(107)FLR393]; 2005(3)KLT585; (2006)ILLJ811Ker
ORDERThottathil B. Radhakrishnan, J.1. This is an application filed invoking Section 17-B of the Industrial Disputes Act, 1947, hereinafter referred to as 'the Act', for short.2. The applicant, the fifth respondent in the Writ Petition, is the workman who is the beneficiary of Exhibit P4 Award passed by the Labour Court, directing her reinstatement with 50% back wages. This Writ Petition was admitted on 4-10-2004. The operation of the Award stands stayed as per order dated 4-10-2004, extended until further orders on 3-11-2004.3. The applicant has sworn to an affidavit in support of this application, stating that she is not employed after the termination of her services by the writ petitioner -employer and that her last drawn wages was at the rate of Rs. 756/- per month.4. A counter affidavit is filed on behalf of the writ petitioner, the first respondent in this application, reiterating the challenge to the impugned Award and contending further that the guilt of the workman has also be...
State of Kerala Vs. Anoop Kumar
Court: Kerala
Decided on: Jun-14-2005
Reported in: AIR2005Ker276; IV(2005)BC302; 2005(3)KLT904
K.S. Radhakrishnan, J.1. These Writ Appeals have been preferred by the State of Kerala represented by Secretary to Government, Public Works Department (National Highway), Thiruvananthapuram and the Superintending Engineer, aggrieved by the common interim order, passed by the learned Single Judge on 8.4.2005 by which learned Judge directed the appellants to issue tender forms to all those who intend to bid without insisting on the condition that tender schedule would be issued only to those who have a minimum of one year experience in the same nature of work, worth Rs. 25 lakhs for a single work for the last three years preceding the date of tender. Later another learned Judge modified the interim order on 30.5.2005 stating as follows:'It is true, it is for the Government to fix the conditions for award of contract. But, this Court can definitely interfere with such conditions, if they are shown to be irrational and will not serve the purpose for which they are introduced. The admitted ...
George Jacob and ors. Vs. State of Kerala and anr.
Court: Kerala
Decided on: Jun-14-2005
Reported in: AIR2005Ker298
ORDERK. Balakrishnan Nair, J.1. The petitioners in these writ petitions are aggrieved by the refusal of the Sub-Registrars to accept the documents stated to have been executed on or before 31-3-2005, when they were presented for registration, after the said date. One of the writ petitions, W.P. (C) No. 12674/05, is filed by the All Kerala Document Writers and Scribes Association. The brief facts necessary for the disposal of the writ petitions are the following :2. The Kerala Finance Act, 2005 (Act 10 of 2005) amended the schedule to the Kerala Stamp Act, providing for higher rate of stamp duty for conveyance deeds. The same was enforced with effect from 1-4-2005. The petitioners submit, they prepared and executed the documents before 1-4-2005 and presented them for registration on 1-4-2005 or thereafter. But, the Sub-Registrars declined to accept those documents for not paying the stamp duty at the revised rate, prevailing on the date of presentation of the documents. So, the petition...
Usha John Vs. State of Kerala and anr.
Court: Kerala
Decided on: Jun-14-2005
Reported in: II(2005)DMC629
R. Basant, J.1. The petitioners are spouses. There is acrimony in their marriage. Both of them have come before this Court to invoke the powers of this Court to quash the action taken by the learned Magistrate on a final report submitted by the police after due investigation.2. The parties to these petitions (for the sake of convenience, they are referred to as husband and wife) started living together allegedly on the basis of an agreement dated 8.2.1993. On 19.10.1997, a child was born in the relationship. The husband had a wife by an earlier marriage. She filed a petition for divorce. The Family Court granted divorce. The said divorce was confirmed by this Court as per confirmation order dated 4.8.1995. It is the case of the petitioner that on 28.11.1996, after the said divorce, the parties entered into valid matrimony afresh as per Annexure-1 marriage certificate. The marriage was allegedly performed in a local Church. Harmony did not last long. On 7.12.1999 the wife made a complai...
Oriental Insurance Co. Ltd. Vs. M.K. Thankappan and anr.
Court: Kerala
Decided on: Jun-14-2005
Reported in: IV(2005)ACC549; [2006(107)FLR476]
K.A. Abdul Gafoor, J.1. The writ petition is by the 1st respondent in the appeal filed by the insurer. The contentions raised in the appeal by the insurer is that admittedly by the parties, the death of the workman occurred due to drowning. This cannot have any causal connection with his employment as a conductor in the bus insured with the appellant. So the death did not occur during the course of employment and the respondents are not entitled to the compensation in terms of the Workmen's Compensation Act which shall have to be paid by the appellant on the strength of the insurance policy in force. In support of this contention the appellant relies on the decision of the Apex Court in E.S.I. Corporation v. Francis De Costa II (1997) ACC 575 (SC) : 1996 (2) KLT 799 and a decision of the Divison Bench of this Court reported in Travancore Titanium Products Ltd. v. Jerro II (2000) ACC 261 : 2000 (1) KLT 643.2. It is submitted by the Counsel for the first respondent who has filed Writ Pet...
Collector of Central Excise and Customs Vs. State of Kerala
Court: Kerala
Decided on: Jun-13-2005
Reported in: 2005(3)KLT474; (2008)11VST832(Ker)
K.S. Radhakrishnan, J.1. Writ Petition was preferred by the Collector of Customs and Central Excise seeking a declaration that the Central Excise and Customs Department of the Government of India administering the Customs Act, 1962 and is not liable to pay sales tax under the Kerala General Sales Tax Act on disposal of goods during the course of administering the Customs Act, 1962 and also for a declaration that the Kerala General Sales Tax Act, 1962 as amended by Act 3 of 1968 and Act 21 of 1978 particularly Section 2 thereof is ultra vires in so far as the said Act pertains to Central Excise and Customs Department of Government of India administering the Customs Act, 1962 and disposal of the goods by the said Department.2. Learned Single Judge repelled the contention placing reliance on the decision of a learned Single Judge of this Court in Collector of Customs v. State of Kerala, 1993 (1) KLT 850. Collector of Customs and Central Excise aggrieved by the judgment of the learned Sing...
Chandran Vs. Prakashan
Court: Kerala
Decided on: Jun-13-2005
Reported in: II(2005)DMC595; 2005(4)KLT1038
ORDERM. Sasidharan Nambiar, J. 1. The interesting question to be decided is whether an award passed by the Lok Adalath directing payment of maintenance allowance under Section 125 of Code of Criminal Procedure can be altered as provided under Section 127 of the Code. Petitioner approached Judicial First Class Magistrate, Thalassery claiming maintenance from his son, first respondent under Section 125 of Cr.P.C. Case was numbered as M.C. No. 72/99. When the matter was pending before the learned Magistrate as requested by the father and the son, it was referred to Lok Adalath for a decision. Lok Adalath passed an award providing that first respondent has to pay a monthly maintenance at the rate of Rs. 150. That order was passed on 6.7.2000. Subsequently, petitioner filed M.C. No. 96/01 before the Magistrate claiming enhancement of maintenance under Section 127 of Cr.P.C. First respondent son filed M.C. No. 108/01 to cancel the award passed in M.C. No. 72/99 contending that father had acq...
MaxIn George Vs. Indian Oil Corporation
Court: Kerala
Decided on: Jun-10-2005
Reported in: 2005(3)KLT57
K.P. Balachandran, J.1. The question of legal importance that calls for to be answered in this Writ Petition is as to whether a Christian couple having no issues could legally make an adoption. The answer on the point is to determine the fate of the petition, but provided, the further answer also is in the affirmative to the question as to whether the first petitioner is son thus adopted by late M.V. George. The matter has come up for consideration in the circumstances stated hereunder.2. Late M.V. George, husband of the second petitioner was a permanent employee under the respondent Indian Oil Corporation. Their marriage was in 1971. They are stated to be Christian belonging to Latin Catholic denomination. There was no issue born out of their wedlock despite lapse of six years of marriage. The second petitioner at the relevant time was working as a staff nurse at the Medical College. Hospital, Kozhikode. A male child aged about 7 days found abandoned by its natural parents in the Inst...
K.S.R.T.C. Vs. Noorudeenkutty
Court: Kerala
Decided on: Jun-10-2005
Reported in: 2005(3)KLT504
J.B. Koshy, J.1. Respondent/petitioner entered service of the Kerala State Transport Corporation on 9.10.1972 as a Cleaner in the Alappuzha Depot. He was promoted as Junior Mechanic on 13.1.1978. While working at Kollam Depot, he applied for leave without allowance for taking up employment abroad. The Corporation granted him leave for a period of five years, ie., from 6.6.1982 to 5.6.1987, as per order dated 3.4.1982. Thereafter, he applied for extension of leave and his leave was further extended from 6.6.1987 to 5.6.1992 and thereafter, from 6.6.1992 to 5.6.1997. Thus he was on leave for 15 years. As per the provisions of the Kerala Service Rules, existed at the time when he took leave, the period of leave without allowance for taking up employment abroad was also considered for counting seniority and promotion. Appendix XIIA of the Kerala Service Rules was introduced with effect from 16.12.1993, regulating the conditions of granting leave without allowance for taking up other employ...
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