Kerala Court April 2006 Judgments
Badariya Madrassa Committee Vs. Antony Robert
Court: Kerala
Decided on: Apr-05-2006
Reported in: 2006(2)KLT636
R. Bhaskaran, J.1. This second appeal is filed by the defendants in O.S.381/1987 on the file of the Munsiff Court, Kannur. The suit was for declaration and injunction. The plaintiff is the owner of plaint A-schedule property. According to the plaintiff the access to the plaintiff's house and property is through the plaint B-schedule property to reach Kilasi road situated on the west. The plaintiff further alleged that he was having motor vehicles and the plaintiff used to ply his vehicles through Kilasi road and plaint B-Schedule property to reach plaint A-schedule property. The defendant started construction of a building encroaching into plaint B-schedule property and obstructing the right of way of the plaintiff which he was enjoying for more than 70 years. The plaintiff claimed a right of way by prescriptive easement to use plaint B-schedule property for vehicular traffic. 2. The defendants contended that the plaintiff was not entitled for any such declaration or injunction. The pl...
Tag this Judgment!Paragon Steels Pvt. Ltd. Vs. European Metal Recycling Ltd.
Court: Kerala
Decided on: Apr-05-2006
Reported in: AIR2006Ker303; 2006(4)ARBLR299(Kerala); 2006(2)KLT917
K.S. Radhakrishnan, J.1. This appeal is preferred under Section 37 of the Arbitration and Conciliation Act, 1996, (for short 'the Act') against the interim order passed in LA. No 95 of 2006 in O.P. (Arb.) No. 15 of 2005.2. For the disposal of this case parties are referred to according to their status in the court below. O.P. (Arb.) No. 5 of 2006 was an application filed by the petitioner before the District Court under Section 9 of the Act seeking an order of injunction restraining the first respondent from removing the goods comprising of steel scrap approx. 37,000 M.T being discharged from the vessel 'New Wind' lying at Cochin Port without securing the claim of the petitioner in a sum of U.S. $ 1,497,940.29 and for a direction to the Cochin Port Trust not to release the cargo to the first respondent until further orders and also for other consequential reliefs. An interim application LA. 95 of 2006 was moved to that effect.2A. Learned District Judge allowed the application holding t...
Tag this Judgment!Somarajan Vs. State of Kerala
Court: Kerala
Decided on: Apr-05-2006
Reported in: 2006(2)KLT909
K.S. Radhakrishnan, J.1. The question that has come up for consideration in this batch of cases is whether a Society which has not renewed its affiliation with the State Co-operative Union as per Sub-section(2) of Section 90 of the Kerala Co-operative Societies Act, 1969 (for short 'the Act') and is not functioning shall have the right to vote and contest the election in the Circle Co-operative Union.2. Learned single Judge of this Court in Raju John v. Assistant Registrar of Cooperative Societies 1991 (1) KLJ 693 has taken the view that failure to renew the affiliation with the State Co-operative Union would not take away the right to vote and contest the election in the Circle Co-operative Union but only take away the privileges enumerated in Sections 35 to 41 of Chapter V of the Act. Justice M. Ramachandran, another Judge of this Court in Sudhakara Kurup v. Returning Officer : 2004(3)KLT62 referring to the above mentioned decision has also taken the same view holding that non affili...
Tag this Judgment!Thankachan Vs. Catholic Syrian Bank Ltd.
Court: Kerala
Decided on: Apr-05-2006
Reported in: 2006(3)KLT53
C.N. Ramachandran Nair, J.1. Petitioner is challenging Ext.P2 judgment of the Debt Recovery Appellate Tribunal, Chennai, partly allowing the appeal filed by the petitioner against Ext.Pl award of the Debt Recovery Tribunal. I heard counsel appearing for the petitioner and standing counsel appearing for the respondent-Bank. The first petitioner availed a loan of Rs. 15 lakhs from the respondent-Bank on 16.3.1998 repayable in 10 monthly instalments and petitioners 2 and 3 stood as sureties for the loan by creating equitable mortgage of immovable properties in favour of the Bank. The first petitioner repaid substantial amounts though not strictly in accordance with schedule of repayment agreed with the Bank. When the default persisted and petitioners refused to settle the liability, the Bank filed O. A. before the DRT under the Recovery of Debts (Due to Banks and Financial Institutions) Act, 1993, hereinafter called the 'DRT Act'. Though written statement was filed by the petitioners, the...
Tag this Judgment!Sindhu Vs. Commissioner of Entrance Examination
Court: Kerala
Decided on: Apr-05-2006
Reported in: 2007(1)KLT173
J.B. Koshy, J.1. The appellant/petitioner, a lecturer in the Department of GastroEnterology in the Medical College, Thiruvananthapuram is ahandicapped person with 50% disability. Her mother belongs to scheduled caste Hindu Thandan Community and father belongs to Nair community. As per the earlier Government Orders, the offsprings of intercaste married couple, in which one of the parents is a scheduled caste, were allowed to get the benefits admissible to scheduled castes and they were entitled to get reservation. Earlier, community certificate was also issued to the petitioner as 'Hindu Thandan'. Ext. P3 community certificate shows that she is a Hindu Thandan. However, by Ext. P4, the Government withdrew earlier orders enabling the offsprings of the intercaste married couple to be eligible for all concessions and reservations admissible to Scheduled Castes, Scheduled Tribes and Other Backward Classes if one of the parents belongs to the above communities. After Ext. P4, Government issu...
Tag this Judgment!K.S.E.B. Vs. Kalyani Amma
Court: Kerala
Decided on: Apr-05-2006
Reported in: 2008(1)KLJ581
ORDERR. Bhaskaran, J.1. The common question referred to the Division Bench is whether the claimants are entitled to get interest on compensation in respect of the trees cut and removed from their properties without having any contractual obligation. When the matter was argued before us, the question was limited to the date from which interest has to be calculated, i.e., whether interest is to be paid from the date of cutting of trees or from the date on which the application for compensation was made or from the date on which compensation was awarded. Therefore, there is no dispute before us that interest is payable on the compensation for trees cut and removed. In some of the revisions, compensation was awarded for the trees cut and interest at different rates is awarded from the date of petition till the date of payment and in some others Kerala State Electricity Board has challenged the award and rate of interest. According to the persons who have filed the revisions challenging the...
Tag this Judgment!K.G. Kuruvila Vs. Dy. Collector and ors.
Court: Kerala
Decided on: Apr-05-2006
Reported in: 2008(1)KLJ865
ORDERK.T. Sankaran, J.1. Applications submitted by the revision petitioner before the court below to declare that the common judgment in L.A.A. Nos. 595 of 1992 and 603 of 1992 dated 23-5-2003 is a nullity in the eye of law and to drop further proceedings in L. A.R. Nos. 44 of 1986 and 45 of 1986, were dismissed by the court below by the common order dated 31 -8-2005, which is under challenge in these revisions.2. Property belonging to seven persons was acquired for the purpose of establishing a 400 KV Sub Station for the Kerala State Electricity Board. Section 4(1) notification was issued on 7-10-1980 and award Nos. 8 of 1984 and 9 of 1984 were passed on 6-10-1984. During the award enquiry, one of the co-owners, namely, K.M. Thomas died on 1-1 -1984. The matter was referred to the Land Acquisition Court for determining the question of appointment of compensation and also on the question of enhancement of compensation as the claimants filed applications for reference dissatisfied with ...
Tag this Judgment!Bharat Petroleum Corporation Ltd. Vs. Bharath Petroleum General Worker ...
Court: Kerala
Decided on: Apr-04-2006
Reported in: 2006(2)KLT848; (2006)IIILLJ414Ker
K.S. Radhakrishnan, J.1. The question that has come up for consideration in this case is whether Labour Court, Ernakulam has got jurisdiction to pass interim orders while adjudicating a dispute referred by the Government under Clause (d) of Sub-section (1) of Section 10 the Industrial Disputes Act, 1947.2. Government of India referred the following dispute to the Labour Court, Ernakulam for adjudication.Whether the industrial dispute raised by Bharath Petroleum Corporation General Workers Union against the management of Bharath Petroleum Corporation Limited over regularisation of contract workmen, justified? If so, to what relief the concerned workmen are entitledUnion preferred a petition before Labour Court, Ernakulam under Section 151 of the Code of Civil Procedure seeking a direction to the Management to employ them provisionally in the establishments at Irumbanam or at Nettoor where they were working as contract workers. Labour Court passed an order on 9.2.2005 directing the Manag...
Tag this Judgment!State of Kerala Vs. Shahid
Court: Kerala
Decided on: Apr-03-2006
Reported in: 2006(2)KLT484; [2006]147STC1(Ker)
J.B. Koshy, J.1. Whether the Kerala Sales Tax Appellate Tribunal is right in holding that in a case where no return is filed by the dealer, the case has to be treated as one of turnover escaping assessment and limitation under Section 19 of the Kerala General Sales Tax Act, 1963 would apply is the question referred for decision of the Full Bench.2. A Division Bench of this Court in V.S. Prabhakaran & Co. v. State of Kerala 121 STC 586 has taken the view placing the reliance on the apex court decision in Regional Assistant Commissioner of Sales Tax, Indore v. Malwa Vanaspati and Chemical, Co. Ltd. (1968) 21 STC 431 that where the dealer has not filed the prescribed return of his turnover, the case is clearly one of escaped assessment and the proceeding for assessment must commence in respect of that turnover within the period prescribed by Section 19(1) of the Kerala General Sales Tax Act (K.G.S.T. Act) . The Division Bench which heard this case expressed doubt in the ratio in Prabhakar...
Tag this Judgment!Pradeepan Vs. State of Kerala
Court: Kerala
Decided on: Apr-03-2006
Reported in: 2006(2)KLT585
Kurian Joseph, J.1. Whether there can be different cut off marks for general merit and in-service candidates in the common entrance test for admission to Post Graduate courses is the main issue arising for consideration in this case. There is also an issue as to the lower minimum for the SC/ST/OBC candidates. The case pertains to admission to the Post Graduate Degree/Diploma courses, 2006 under the Directorate of Medical Education, in the case of in-service candidates belonging to Scheduled Caste/Scheduled Tribe communities. Ext. P5 is the prospectus published on 14.12.2005. The common entrance test was conducted on 11.2.2006 and Ext. P4 select list was published on 20.2.2006. The Writ Petition is filed on 7.3.2006. The contention of the petitioners is that as far as in-service candidates are concerned, without any distinction as to the community they belong to, all candidates should secure 50% marks. The contention of the respondents is that as per the Medical Council of India Post Gr...
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