Kerala Court October 2007 Judgments
Viswambhran K.B. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Oct-24-2007
Reported in: 2007(3)KLJ756
V. Giri, J.1. The petitioners in these writ petitions are Ex-servicemen, who were re-employed in the Police Department, after they had completed the requisite number of years of service in the Army, so as to qualify for pension, related to Military Service. Common issues arise for consideration in these writ petitions and they have been heard together and are being disposed of by this common judgment. W.P.(C) No. 10053/06 is taken as the leading case for convenience.2. The first petitioner was discharged from the Army, after completing 17 years and 11 months. The second petitioner was discharged after completing 16 years and 10 months and the 3rd petitioner was discharged after completing 17 years. All of them were enlisted in the Police Force on discharge from the Army. By Ext. P1 order dated 26-11-2003 the Government ordered that War/Military Service which counts for civil pension would be reckoned for computing the qualifying service for the grant of only the first higher grade. In ...
Tag this Judgment!Thilakan Vs. Circle Inspector of Police and ors.
Court: Kerala
Decided on: Oct-23-2007
Reported in: AIR2008Ker48; 2007(3)KLJ509
K. Balakrishnan Nair, J.1. Though, this is one of the run-of-the-mill police protection cases being filed every day before this Court, it throws up certain questions relating to environmental protection. The main point that arises for decision is whether the police should stand guard against the protesters when the petitioner removes ordinary earth from a plot of land in a remote village, on the strength of an agreement entered into by him with the owner of the property.2. The brief facts of the case are the following : The petitioner makes a living by engaging in the business of supplying ordinary earth for land filling is connection with various developmental activities. M/s. Goodway Business Corporation Limited own a plot of land having an extent of 91 cents in re-survey No. 62/2 of Vallachira village in Vallachira Grama Panchayat, Thrissur District. The said Corporation by Ext. P1 agreement, granted the right to cut and remove the trees standing in the said plot, to dismantle and t...
Tag this Judgment!State of Kerala and anr. Vs. Ernakulam District Legal Service Authorit ...
Court: Kerala
Decided on: Oct-23-2007
Reported in: AIR2008Ker70; 2008(1)KarLJ578
ORDERThottathil B. Radhakrishnan, J.1. This writ petition filed by the State of Kerala and a Circle Inspector of Police raises an issue regarding the scope of proceedings in Lok Adalats in terms of the provisions contained in the Legal Services Authorities Act, 1937, hereinafter referred to as the 'Act'. Having regard to the issue involved, reference is being made here-under only to the bare essential facts. )2. One Ayyappan gave a First Information Statement, on the basis of which, Cr. No. 8/03 of the Hill Palace Police Station was registered against 14 persons for offences punishable under Section 397, I.P.C. Investigation is going on. The basis of the complaint of Ayyappan appears to be a loan transaction between the third respondent, a Bank, and the second respondent. The hypotheca under that transaction, a car, was allegedly re-possessed by the Bank and put in safe custody in a godown at Irumpanam. Ayyappan's F.I. statement was regarding the alleged trespass by 14 persons during t...
Tag this Judgment!West Coast Industrial Gases Ltd. Vs. Regional Labour Commissioner and ...
Court: Kerala
Decided on: Oct-23-2007
Reported in: [2008(117)FLR69]; 2008(3)KLT368; (2008)2LLJ932Ker
J.B. Radhakrishnan, J.1. The writ petitioner is an establishment, which is also a factory to which Industrial Employment (Standing Orders) Act, 1946, hereinafter referred to as the 'Act', applies. Its Certified Standing Orders, among other things, provide the management, the authority to place workmen under suspension from duty, pending enquiry, investigation or trial and also in relation to disciplinary proceedings.At the instance of the trade unions, Exhibit P-3 has been issued by the Certifying Officer incorporating two more clauses in the Certified Standing Orders as 26(f) and 26(g) which read as follows:'26(f) Provided that where the period between the date on which the workman was suspended from duty pending the enquiry or investigation or trial and the date on which an order of suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is, specified in the said order of suspension...
Tag this Judgment!Arul V. Nair Vs. the State of Kerala
Court: Kerala
Decided on: Oct-22-2007
Reported in: 2008(1)KLJ34
ORDERV. Ramkumar, J.1. The revision petitioner is the complainant in Crl.M.P. 1252 of 2007 filed under Section 190 Cr.P.C. with the following allegations:The complainant is the R.C. owner of a Tata Sumo bearing Reg. No. KL3P 7091. The accused agreed to give Rs. 20,000/- per month as monthly rent for using the vehicle and took the vehicle on hire from the complainant. The accused did not give the rent nor the vehicle back in spite of demand. The accused has thereby committed an offence punishable under Section 420 read with Section 106 I.P.C.. The application may, therefore, be taken on file and forwarded to the police under Section 156(3) Cr.P.C.2. Along with the application, the complainant had also filed an application to issue a search warrant under Section 94 Cr.P.C. The learned Magistrate issued a search warrant but the vehicle could not be traced out. After taking the sworn statement, the case was posted for enquiry under Section 202 Cr.P.C. In spite of posting the case for enqui...
Tag this Judgment!C.M. Ibrahim and ors. Vs. Kulangara Veetil Koya Moideen Kutty and ors.
Court: Kerala
Decided on: Oct-19-2007
Reported in: 2008(1)KLJ1
ORDERV. Ramkumar, J.1. In this revision filed under Section 397 read with Section 401 Cr.P.C. the petitioners who were 'B-party' before the Sub Divisional Magistrate, Kozhikode challenge the revisional order dated 16-6-2007 passed by the I Addl. Sessions Judge, Kozhikode in Crl.R.P. No. 82 of 2006 holding that the 'A - party' is entitled to administer the mosque in question and entitled to get possession of the key of the mosque in question from the 'B - party' and directing the 'B - party' to handover the key to the 'A - party' through the Station House Officer, Feroke.A - PARTY'S CONTENTION2. Adv. Sri. Hariharaputhran, the learned Counsel appearing for the contesting respondents ('A - party') made the following submissions before me in support of the revisional order passed by the Sessions Court:The proceedings before the Sub Divisional Magistrate were not initiated by the 'A - party' even though 'A - party' had filed complaints before the S.H.O., Feroke against the 'B - party'. Cons...
Tag this Judgment!Pipe Distributors Vs. Commercial Tax Officer and ors.
Court: Kerala
Decided on: Oct-18-2007
Reported in: 2008(1)KLT303; (2007)10VST743(Ker)
V. Giri, J.1. The principal challenge in this writ petition is with regard to the note forming part of form No. 9 in the Kerala Value Added Tax Rules, 2005 (for short, 'the Rules') prescribing the format for credit notes and debit notes, that are to be exchanged by a selling dealer and a purchasing dealer in cases where subsequent to the sale of taxable goods by a dealer the purchaser has returned the goods covered by the tax fully or partly. The challenge is on the premise that the note forming part of form No. 9, contained in the Rules is invalid, inoperative and unenforceable to the extent it specifies that every credit note would bear a corresponding debit note and vice versa and the same is, therefore, contrary to Section 41(1) of the Kerala Value Added Tax Act, 2003 (hereinafter referred to as, 'the Act'). There is also a challenge to the order of assessment passed by the assessing authority for the months of April, May and June, 2006. Obviously, the said order of assessment is a...
Tag this Judgment!State of Kerala Rep. by the Chief and ors. Vs. Biju Thomas S/O. Thomas
Court: Kerala
Decided on: Oct-18-2007
Reported in: 2007(3)KLJ556
ORDERH.L. Dattu, C.J.1. The core issue in these appeals filed by the State of Kerala and the Original Petitions filed by the licensees who were issued with licences under the provisions of the Kerala Abkari Act read with Kerala Abkari Shops (Disposal in Auction) Rules, 1974 is, as to whether it is permissible for the State Legislature to enact a provision for the forfeiture of the whole or any portion of the kist deposited by persons who purchased the right to sell toddy, arrack, foreign liquor or ganja in addition to damages recoverable by the Government on account of the breach of conditions of sale laid down by the Government from time to time.2. The law we are concerned with is, the provisions of the Kerala Abkari Act and the Kerala Abkari Shops (Disposal in Auction) Rules 1974. The statutory provisions which we are required to interpret in these appeals are Section 29(2)(r) of the Abkari Act and Rule 6(28) of the Abkari Shops (Disposal in Auction) Rules.3. The source of power for ...
Tag this Judgment!Midland Rubber and Product Company Ltd. Vs. State of Kerala
Court: Kerala
Decided on: Oct-17-2007
Reported in: [2008]301ITR169(Ker); 2007(3)KLJ703
ORDERK.T. Sankaran, J.1. The petitioner is an assessee under the Kerala Agricultural Income Tax Act. For the assessment year 1994-95, Annexure A order dated 10-2-1997 was passed by the Inspecting Assistant Commissioner, Ernakulam. Loss was occasioned to the petitioner due to damage to the stock of rubber latex and a claim for insurance was made in November, 1992. The insurance amount was received during the period of the assessment year 1994-95. The contention raised by the assessee was that insurance claim received during the year 1994-95 cannot be the subject matter of assessment.2. Two contentions were raised by the assessee. One is that the insurance amount does not constitute agricultural income at all, and the other, if at all it constitutes agricultural income, it could only be related to 1992-93 and not 1994-95. These contentions were rejected by the assessing authority which was confirmed in appeal by the Deputy Commissioner (Appeals), Commercial Taxes, Ernakulam and in furthe...
Tag this Judgment!The Regional Director, E.S.i. Corporation Vs. Travancore CohIn Chemica ...
Court: Kerala
Decided on: Oct-17-2007
Reported in: 2007(3)KLJ591
K.S. Radhakrishnan, J.1. This appeal has been preferred by the E.S.I. Corporation aggrieved by the order passed by the Insurance Court in I.C. No. 56 of 2003, Respondent herein was the applicant before the Insurance Court. Application was preferred under Section 75 read with Section 77 of the Employees State Insurance Act, 1948 seeking a declaration that the applicant is eligible to get refund of Rs. 2,23,771.90 with 18% interest from 11-5-1994 being the contribution remitted by the applicant during the period from 1-4-1993 to 31-3-1994 daring which the applicant establishment was exempted from the provisions of the E.S.I. Act by the Government of Kerala in exercise of the powers conferred by Sections 87 and 91A of the E.S.I. Act. Insurance Court allowed the application and gave a declaration that the applicant is eligible to get refund of Rs. 2,23,771.90 with simple interest at me rate of 6% per annum from 11-5-1994 onwards.2. Learned Counsel appearing for the Corporation submitted th...
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