Kerala Court October 2007 Judgments
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Usha Vs. Indira and anr.
Court: Kerala
Decided on: Oct-09-2007
Reported in: 2008(1)KLJ36
ORDERV. Ramkumar, J.1. The revision petitioner, who is a lady by a name Usha is the de facto complainant in Crime No. 7/2005 of Viyyur Police Station for an offence under Section 3(1)(x) of the Schedule Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989.2. The case of the revision petitioner is that she, who is working as programme executive in All India Radio (Akasavani), was insulted by calling her caste name by the accused who is also a lady and employed as programme executive in the All India Radio and the accused thereby committed offence under Section 3(1)(x) of the Said Act. After investigation, the DYSP, Thrissur filed a charge sheet before Judicial First Class Magistrate-I, Thrissur. The said Magistrate took cognizance of the offence and registered the case as C.P. 14/2005. After completing the committal proceedings and complying with Section 207 Cr.P.C., the Magistrate committed the case to the Court of Session in exercise of his power under Section 209 Cr.P.C. The ca...
Vivek S.A. Vs. the Kerala Public Commission and ors.
Court: Kerala
Decided on: Oct-09-2007
Reported in: 2007(3)KLJ582
K.S. Radhakrishnan, J.1. Writ Petition was preferred by the appellant herein seeking a declaration that Rule 5 of the Rules for the Kerala Vocational Higher Secondary State Service 2004 prescribing 23 years as the minimum age limit for appointment to the post of Vocational Teacher is illegal and unconstitutional and also for other consequential reliefs.2. Kerala Public Service Commission published a notification inviting applications for the post of Vocational teacher in Textile Technology (Textile Weaving and Textile Dying and Printing). Petitioner also preferred an application pursuant to the above mentioned notification. However, his application was rejected by the Public Service Commission by its order dated 25-07-2005 on the ground that the petitioner did not satisfy the 23 years of age prescribed in the Special Rules and the notification, as on 1-1-2004. Aggrieved by the same petitioner has approached this court. Learned single Judge found no infirmity in the Rule and dismissed t...
impex Corporation and ors. Vs. Elenjikal Aquamarine Exports Ltd.
Court: Kerala
Decided on: Oct-09-2007
Reported in: AIR2008Ker119; 2008(2)ARBLR560(Kerala); 2008(2)KLT822
J.B. Koshy, J.1. Main question to be decided in this case is the application of principles of natural justice and fair hearings in Arbitration proceedings. Appellant filed an application to set aside the award passed by the Arbitrator under Section 34 of the Arbitration and Conciliation Act, 1996 (herein referred to as the 'Act'). Various contentions were raised by the appellant. First contention was that there was no proper arbitration agreement. Second contention was that the arbitrator was not properly appointed and appellant never agreed for the arbitration or arbitrator. Thirdly it was argued that former junior of the arbitrator was appearing for the claimants and therefore there are circumstances to doubt the impartiality of the arbitrator as provided under Section 12(3) of the Act. Finally it was contended that arbitrator decided the matter ex parte and award was passed without issuing proper notice and hence there is violation of the principles of natural justice. The District ...
V.K. Pathumma Beevi Vs. State of Keraka and ors.
Court: Kerala
Decided on: Oct-08-2007
Reported in: 2007(3)KLJ575
K.S. Radhakrishnan, J.1. Petitioner had retired from service on 31-03-2001 as L.P.S.A. While calculating the pensionary benefits service prior to 1-6-1971 was not reckoned since service put in by her prior to that date was pre resignation period. Petitioner had resigned from the post of L.P.S.A. on 1-6-1971 and had not rejoined service within the admissible rejoining time and there was a break of 45 days before the next appointment. As per the service certificate pasted at page 9 of the service book, petitioner had resigned from service on 1-6-1971 from A.M.L.P.S., Marakkad after completing the nine months and 26 days of service. Therefore service from 7-2-1970 to 1-6-1971 was not reckoned as qualifying service for pension. Petitioner is aggrieved by the said action of the respondent and has approached the Government. Government rejected the petitioner's request by Ext.P4 order stating that her pre resignation period could not be considered for calculation of qualifying service for pen...
Davis Vs. Thomas
Court: Kerala
Decided on: Oct-08-2007
Reported in: 2007(3)KLJ553
ORDERV. Ramkumar, J.1. The common petitioner in both the writ petition as well as the revision petition is the son the common respondent-Thomas. The said respondent is the 78 year old father of the petitioner. In the year 2004 he filed M.C. No. 349/2004 against the revision petitioner seeking maintenance under Section 125 Cr.P.C. at the rate of Rs. 5000/- per month. On 01-03-2005 the Family Court passed an interim order (produced as Ext.P2 in the Writ Petition) directing the revision petitioner to pay interim maintenance at the rate of Rs. 300/-. Subsequently, the Family Court passed the final order on 26-02-2007 awarding maintenance at the rate of Rs. 1000/- per month from the date of petition after striking off the defence of the revision petitioner/respondent for the reason that he failed to pay the interim maintenance ordered on 01-03-2005. The writ petition is directed against the order dated 01-03-2005 awarding interim maintenance. The Crl.R.P. is filed challenging the final orde...
LupIn Limited Vs. G. Suresh and anr.
Court: Kerala
Decided on: Oct-05-2007
Reported in: 2008(1)KLJ68
S. Siri Jagan, J.1. The petitioner in this writ petition is a company registered under the Companies Act 1956, engaged in the business of manufacturing and marketing pharmaceutical products. The first respondent herein was a medical representative working in the petitioner company from 16-7-1986. He was discharged from service on 6-9-2001, against which he raised an industrial dispute, which was referred by the Government of Kerala to the Industrial Tribunal, Alappuzha for adjudication. The same was being adjudicated as I.D. No. 70/2002 by the Tribunal. In the same, the petitioner company raised a preliminary objection that the 1st respondent being neither a sales promotion employee as defined under the Sales Promotion Employees (Conditions of Service) Act, 1976, ('SPECS Act' for short) nor a workman as defined under the Industrial Disputes Act, the reference itself was not maintainable. The tribunal considered the maintainability of the reference as a preliminary issue and passed Ext....
The State of Kerala and anr. Vs. N. Gopalakrishna Karnavar and ors.
Court: Kerala
Decided on: Oct-05-2007
Reported in: 2008(1)KLJ56
ORDERJ.B. Koshy, J.1. In the judgments under review, we noticed that the writ appeals were filed with a delay of more than 400 days. We found that no valid grounds were urged for condonation of delay and no satisfactory reasons were stated to condone the long delay of more than one year. Incidentally, we noted that some of the identical writ petitions were dismissed by the court and as far as the question of law is concerned, the matter was already decided by the Division Bench and appeals filed in the Supreme Court were dismissed. One of the appeals is Civil Appeal No. 2018 of 2000. The order is quoted below:The High Court has consistently taken the view that the period of training treated as period spent on duty for the purpose of scale of pay, increments and other consequential benefits. This view was expressed by the High Court in the case of Lakshmanan v. State of Kerala 1995 (1) KLT 115 and that decision in turn follows other decisions in Louis v. Kerala Public Service Commission...
A.S. Parvathy Krishnan Vs. Joseph Alias Jose and ors.
Court: Kerala
Decided on: Oct-05-2007
Reported in: 2008(1)KLJ179
ORDERK.T. Sankaran, J.1. The landlord is the revision petitioner. She filed the Rent Control Petition before, the Rent Control Court, Thrissur under Sections 11(2)(b), 11(3), 11(4)(iii) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act. The Rent Control Court allowed the petition under Section 11(4)(iii) and dismissed the petition under Sections 11(2)(b), 11(3) and 11(8) of the Act. The tenant filed an appeal before the Appellate Authority challenging the order under Section 11(4)(iii). The landlord filed a Memorandum of Cross Objection challenging the findings of the Rent Control Court under Sections 11(2)(b), 11(3) and 11(8). The Appellate Authority allowed the appeal filed by the tenant and dismissed the Memorandum of Cross Objection filed by the landlord. Thus the Rent Control Petition stood dismissed.2. The parties are referred to in the rank in which they are arraigned in the Rent Control Petition. The petition schedule building was let out to one Mathew, the predece...
Prathibha Kumari Vs. the Dist. Educational Officer and ors.
Court: Kerala
Decided on: Oct-05-2007
Reported in: 2008(1)KLJ115; 2008(2)KLT253
S. Siri Jagan, J.1. M.G.T.H.S. Mukhathala is an aided High School under the administrative jurisdiction of the District Educational Officer (DEO), Kollam. In respect of the right to be the manager of the school, there was a civil suit, which is pending in appeal as A.S. No. 120/2002 before a Division Bench of this court. In that case, this Court appointed the D.E.O., Kollam, as the Receiver of the school to exercise the functions of the manager of the school. Accordingly, the D.E.O., Kollam has been functioning as the manager of the school. While so, the third respondent in this writ petition, who was the Headmistress of the Velayudhan Memorial High School, Vadavannur, Palakkad, another High School under a different educational agency, filed a request dated 10-5-2007 before the D.E.O. for inter-management transfer as Headmistress to the M.G.T.H.S., Mukhathala, which post became vacant on account of the retirement of Smt. K. Annamma, the Headmistress of the M.G.T.H.S., Mukhathala, with ...
T.K. Madhavi Alias Narayani Vs. K.V. Savithri and ors.
Court: Kerala
Decided on: Oct-05-2007
Reported in: 2007(3)KLJ686
Harun-Ul-Rashid, J.1. The appellant in this appeal is the second defendant in O.S. No. 51/1980 on the file of the Sub Court Kozhikode and the appellant in A.S. No. 193 of 1987 on the file of the District Court, Kozhikode. The suit O.S. No. 51/1980 is one for partition filed by the (1st respondent herein) as plaintiff claiming 1/3 share in the plaint schedule items 1 & 2. A preliminary decree for partition was passed. As per the decree, the plaint schedule properties shall be divided into two equal shares and one such share shall be allotted to the plaintiff and the other share shall be allotted to the 1st defendant who are the daughters of one Sri. Velayudhan who died in 1942. The 2nd defendant who is his wife was not allotted any share in the property. But it was held by the trial court that the 2nd defendant was entitled to get maintenance for her life from the plaint schedule properties. The preliminary judgment and decree passed by the trial court was confirmed in A.S. 193/1987 by ...