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Kerala Court January 2007 Judgments

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Jan 04 2007

Antony Vs. Kesavan and ors.

Court: Kerala

Decided on: Jan-04-2007

Reported in: 2008(1)KLJ767

ORDERK.T. Sankaran, J.1. The landlord is the revision petitioner. The Rent Control Petition was filed by him against the first respondent herein (since deceased) and the predecessor in interest of respondents 2 to 8 under Sections 11(2)(b), 11(3), 11(4)(ii) and ll(4)(v) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as the 'Act'). Before the Rent Control Court, the ground under Section 11(2)(b) was not pressed by the landlord. The Rent Control Court found that the bona fide need urged by the landlord is not genuine and dismissed the petition under Section 11(3) of the Act. The Rent Control Court allowed the Petition under Sections 11(4)(ii) and 11(4)(v). The tenants challenged the order of the Rent Control Court in appeal before the Rent Control Appellate Authority. The landlord challenged the correctness of the finding under Section 11(3), in the appeal filed by the tenants. The Appellate Authority allowed the appeal in part and dismissed the Rent Contro...


Jan 02 2007

Vinodan @ Bose Vs. State of Kerala

Court: Kerala

Decided on: Jan-02-2007

Reported in: 2008(1)KLJ226

V. Ramkumar, J.In this appeal preferred from the Central Prison, Kannur, the appellant who was the sole accused in S.C. 122/05 on the file of the Addl. Sessions Court, (Adhoc-II), Thalassery, challenges the conviction entered and the sentence passed against him by the said court for offences punishable under Sections 498A and 306 I.P.C.The Prosecution Case2. The case of the prosecution can be summarised as follows:The accused namely Vazhayil Puthen Purayil Vinodan @ Bose of Kanhirode amsom, Thalamunda desom married the deceased namely Olachery Sreeja, D/o. Gopalan of Balakandi house, Koodali Amsom. Their marriage was solemnized on 8-12-2002 as per religious rites. One month after their marriage, they started living in the house of Sreeja. The accused used to come home consuming liquor and ill-treat her both mentally and physically demanding more money. On 2-3-2004, Sreeja had gone to the house of a relative of hers to attend a funeral ceremony. The accused had also gone there. While in...


Jan 01 2007

Vasu and ors. Vs. State of Kerala

Court: Kerala

Decided on: Jan-01-2007

Reported in: 2007CriLJ1894

J.B. Koshy, J.1. This appeal is filed by A 1 to A3 in S. C. No. 38/2004 on the file of the Additional Sessions Court (Fast Track Court No. 1), Manjeri. They were convicted for the offence punishable under Sections 341, 323, 302 read with Section 34 of the Indian Penal Code and they were convicted and sentenced to undergo R. I. for life and to pay a fine of Rs. 25,000/- each with a default sentence of three years. No separate sentence was imposed for the offence punishable under Sections 341 and 323 of the Indian Penal Code.2. We have heard the arguments of both sides in detail. The prosecution case is mainly based on the dying declaration. On going through 313 Statement, we are of the opinion that incriminating events and circumstances were not put to the accused. We also note that in 313 statement, no signature of the accused was obtained in each page except in the last page. We also note that the common 313 statement was taken jointly from A 1, A2 and A3. Except for the last question...


Jan 01 2007

P. Krishnankutty Vs. the State of Kerala and ors.

Court: Kerala

Decided on: Jan-01-2007

Reported in: 2008(1)KLJ278

Thottathil B. Radhakrishnan, J.1. The 6th defendant is a society registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955, hereinafter referred to as the T.C. Act.The petitioner made Ext. P3 complaint before the Government requesting action in relation to the said society, under Section 19 of the T.C. Act. By Ext. P7, the District Registrar informed the petitioner that he is unable to proceed with any inquiry since the President of the society had pleaded inability to produce the records, which were then stated to be in the custody of the civil court and that adjournment was sought for to produce the documents. The District Registrar dismissed Ext. P3 complaint by taking the view that he is unable to keep the proceedings further alive there is a direction by the Upa Lok Ayukta to consider Ext. P3, The fact remains that Ext. P7 does not contain any consideration of Ext. P3 complaint, whatever be its worth.2. The petitioner appears to hav...


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