Kerala Court January 2007 Judgments
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Rajendran Vs. the State of Kerala
Court: Kerala
Decided on: Jan-09-2007
Reported in: 2008(1)KLJ365
K. Thankappan, J.1. First accused in S.C. No. 434/2000 on the file of the Court of the II Addl. Assistant Sessions Judge, Thiruvananthapuram is the appellant. The appellant and 2nd accused faced trial for offences punishable under Section 55(a) of the Abkari Act. The brief facts of the case as follows:On 17-4-1999 at about 10.30 A.M. while PW4 was conducting patrol duty along with his part., and when they reached at Killippalam, they found petitioner and the 2nd accused running at Killippalam, they found petitioner and the 2nd accused running away from the place on seeing the police party and the petitioner was holding a two litre can and the 2nd accused was holding a bottle having a capacity of 750 ml. and they accused and on examining the cannas and bottle contained arrack.On the side of the prosecution, PW1 to PW5 were examined and Exts. P1 to P4 were marked. Material Objects MO1 and MO2 were also marked on the side of the prosecution On the side of the defence, Ext. D1 was marked. ...
E.P. Abdul Latheef Vs. K. Vinodan and anr.
Court: Kerala
Decided on: Jan-08-2007
Reported in: AIR2007Ker171
ORDERM. Sasidharan Nambiar, J.1. A decree-holder was permitted to bid the attached property in Court auction sale and to set off the purchase money towards the amount due under the decree as provided under Rule 72 of Order XXI of Code of Civil Procedure. Is the executing Court competent to pass order for rateable distribution as provided under Section 73 of the Code in an application filed by another decree-holder is the question to be settled.2. Petitioner is the decree-holder in O.S. No. 164/01. First respondent is the decree-holder in O.S. 258/01. Petitioner obtained an order of attachment before judgment of the property sold in E.P. 363/01 as per order dated 14-8-01. Respondent in his suit obtained an order of attachment before judgment on 13-8-2001. Respondent filed E.P. 86/2004, for realisation of the decree debt in O.S. 258/2001. Petitioner sought sale of the attached property in that E.P. 363/01. The property of judgment-debtor was sold in that E. P. 363/01. Petitioner was perm...
The National Insurance Co. Ltd. Vs. Komalavally Amma and ors.
Court: Kerala
Decided on: Jan-08-2007
Reported in: 2008(1)KLJ235
K.S. Radhakrishnan, J.1. This appeal is preferred by the insurance Company, third respondent in O.P. (M.V.) No. 498 of 1997 of the M.A.C. Tribunal, Alappuzha. Respondents 1 to 3 are the legal heirs of Vijayakumaran Nair who died in an accident which occurred on 11-03-1997. Deceased was driving a scooter bearing registration number KL-6/567 through Alappuzha - Ernakulam National Highway. When he reached at Maithara a cyclist tried to cross the road without any signal and the deceased tried to avoid the accident. By doing so he fell down and was taken to K.V.M. Hospital where he succumbed to the injuries on 15-3-1997. Claim petition was preferred by the wife and children under Section 163A of the Motor Vehicles Act claiming a total compensation of Rs. 4 lakhs. The Tribunal after considering the entire matter awarded a total compensation of Rs. 2,39,000/-. It was also noticed that the accident had occurred during the course of the employment of the deceased with the fourth respondent here...
Sanim Shah Vs. State of Kerala and anr.
Court: Kerala
Decided on: Jan-08-2007
Reported in: 2008(1)KLJ480
K.M. Joseph, J.1. Petitioner commenced service in the General Education Department on 19-11-1999. Petitioner sought transfer to the Technical Education Department and by order dated 14-3-2005 (Ext. P1) petitioner was transferred as Peon in the Technical Education Department. Petitioner joined as Peon on 23-3-2005. In the order granting transfer, it is categorically stated that petitioner has to complete probation for a period of one year from the date of joining duty. Petitioner had already completed probation in the category of Peon in the General Education Department with effect from 20-11-2000 as evident from Ext. P2 order dated 16-12-2000. Petitioner approached the second respondent against the condition in Ext. P1. Ext. P6 was issued by second respondent stating that he has to complete probation afresh. However, the request of the petitioner before the Government was disposed of by Ext. P7 stating that petitioner need not undergo probation again. But it is stated that petitioner w...
State of Kerala and anr. Vs. Scheduled Caste-scheduled Tribe Welfare S ...
Court: Kerala
Decided on: Jan-05-2007
Reported in: AIR2007Ker158
S. Siri Jagan, J.1. Ten years before the Parliament decided to include Right to Education as a fundamental right under Part III of the Constitution of India by introducing Article 21A through the Constitution (86th Amendment) Act, 2002, the Supreme Court had considered the scope of right to education in the Indian context in the decision of Mohini Jain (Miss) v. State of Karnataka reported in : [1992]3SCR658 . In that case, the Supreme Court inter alia considered the question as to whether there is a 'right to education guaranteed to the people of India under the Constitution' and held as follows in respect of that issue.6. In order to appreciate the first point posed by us it is necessary to refer to various provisions of the Constitution of India. The Preamble promises to secure to all citizens of India 'justice, social, economic and political' and 'liberty of thought, expression, belief, faith and worship'. It further provides 'equality of status and of opportunity' and assures dign...
Al Marwa Traders Vs. Asst. Commissioner of Imports
Court: Kerala
Decided on: Jan-04-2007
Reported in: 2007(1)KLT381
S. Siri Jagan, J.1. We are disposing of these two Writ Appeals by a common judgment since facts in the same are identical and common issues arise for consideration.2. Appellants in these two Writ Appeals are importers of ungarbled betel nuts. They are aggrieved by the action of the customs authorities in detaining consignments of betel nuts imported by them for the purpose of manufacturing Supari. According to them, the betel nuts they have imported are ungarbled betel nuts which are freely importable under the Exim Policy, subject to clearance under the provisions of the Plant, Fruits and Seeds (Regulation of Import into India) Order 1989 and the Plant Quarantine (Regulation of Import into India) Order, 2003, issued under the provisions of the Destructive Insects and Pests Act, 1914. They are now aggrieved by the action of the customs authorities in subjecting samples of the ungarbled betel nuts imported by them to tests under the Prevention of Food Adulteration Act, 1954 (for short '...
P. Girija Vs. Suresh Kumar and ors.
Court: Kerala
Decided on: Jan-04-2007
Reported in: I(2007)DMC282
K.T. Sankaran, J.1. The dispute between the parties in four matrimonial appeals have been settled and a compromise petition signed by all the parties has been filed, which we have allowed by order in I.A. No. 25 of 2007. As per the terms of the compromise, the first party in the compromise petition, namely, K. Prabhakaran and Meera @ S. Neena have to execute a sale deed in respect of two items of property in favour of K. Girija, first among the second party. As part of the compromise, the second party, namely, P. Girija, Suresh Kumar, Anil Kumar and Ajith Kumar agreed that the release deed No. 737/1988 dated 8.3.1988 executed by Girija is valid and in force and that K. Prabhakaran in whose favour the release deed was executed shall be the absolute owner in possession of the B Schedule property in O.S. No. 359/1994. It is also agreed by the second party that Mat. Appeal No. 223/2006 can be allowed to the above extent. The first party agreed that they will not claim any right, title or i...
C.P. Sreelal Vs. District Collector and ors.
Court: Kerala
Decided on: Jan-04-2007
Reported in: AIR2007Ker131
S. Siri Jagan, J.1. Appellant is the petitioner in O.P. No. 19471/2002, which was dismissed by a learned single Judge of this Court by judgment dated 1-2-2006. The issue involved in that original petition was the enforceability of a personal guarantee issued by the appellant to the Kerala Financial Corporation as the Managing Director of an industry by name Mothi Chemicals to which the Kerala Financial Corporation had advanced a loan of Rs. 30 lakhs. There was a loan agreement between the Company and the KFC mortgaging properties belonging to the Company as security for the loan. In addition to the same, a personal guarantee was also given by the appellant as Managing Director of the said Company. The Company defaulted payments of the amount of loan. Recovery proceedings were initiated. The land belonging to the Company, which was mortgaged to the KFC, was acquired by the Government. LAR No. 105/1992 was filed for enhancement of compensation before the civil Court. The sale proceeds of...
Mavullathil Anandan Vs. Kannampoliyan Nanu and ors.
Court: Kerala
Decided on: Jan-04-2007
Reported in: AIR2007Ker146
ORDERM. Sasidharan Nambiar. J.1. A compromise petition was filed signed by plaintiff, defendants, except one and their counsel. A compromise decree was passed in terms of the compromise. Whether the defendants, who did not sign the compromise petition, is entitled to file an application to set aside the compromise decree on the ground that he is not a signatory to the compromise alleging fraud Whether the signature of the counsel for the party in a compromise petition is sufficient and whether it is mandatory that all the parties to sign the compromise petition? There the questions to be settled in the revision petition,2. Respondents 1 and 2 are the plaintiffs. Petitioner and his brothers, respondents 3 and 4, are defendants. O.S. 357/94 was filed before Sub-Court, Thalassery for fixation of boundaries. After Commissioner submitted a report and plan, objection was filed to the report. Thereafter a settlement was arrived at between the parties. LA. 814/ 01 was filed on 7-3-2001. In tha...
C.P. Sadanandan Vs. Fridge House and anr.
Court: Kerala
Decided on: Jan-04-2007
Reported in: III(2007)BC693
ORDERM. Sasidharan Narmbiar, J.1. Petitioner is the second defendant and first respondent the plaintiff and respondents 2 to 4 the other defendants in O.S. 200/04 on the file of Sub-Court, Kozhikod. The suit was filed for realisation of Rs. 1,10,000/- allegedly due from defendants in respect of purchases made on credit basis. Case of plaintiff in the plaint was that plaintiff is the authorised dealer of refrigerators and other home appliances and defendants used to purchase refrigerators and home appliances on credit from the plaintiff firm and credit facility was given to defendants because they are known in the business transaction. Only second defendant contested the suit. Second defendant was sued as one of the partners of the first defendant firm M/s. Lilly & Lilly, Sulthan Bathery. Defendants are all residents of either Thalassery or Sulthan Bathery. Second defendant contended that Sub-Court, Kozhikod has no territorial jurisdiction to try the suit as transaction was entered into...
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