Kerala Court August 2007 Judgments
Francis Jude Netto Vs. the State of Kerala and anr.
Court: Kerala
Decided on: Aug-20-2007
Reported in: 2007(3)KLJ625
K.S. Radhakrishnan, J.1. W.P.C. No. 26852 of 2006 was preferred by the appellant herein seeking a writ of certiorari to quash the notice issued by the District Collector inviting applications from qualified advocates for appointment as District Government Pleaders and Public Prosecutors and Additional Government Pleaders and Additional Public Prosecutors in the Kollam district and for a declaration that the petitioner's service as Additional District Government Pleader and Additional Public Prosecutor, Fast Track Court (Adhoc III) Kollam is not liable to be terminated till the expiry of three years period mentioned in his appointment order. Learned single judge found no illegality in the steps taken to terminate his service and dismissed the writ petition. Aggrieved by the same W.A. No. 1633 of 2007 was preferred. Against the interim order passed by the learned single judge W.A. No. 1358 of 2007 was preferred.2. Petitioner was appointed as Additional Government Pleader and Additional P...
Tag this Judgment!Ajith Kumar K.S. Vs. Debts Recovery Tribunal and ors.
Court: Kerala
Decided on: Aug-20-2007
Reported in: 2008(1)KLJ566
C.N. Ramachandran Nair, J.1. Petitioner availed housing loan from the second respondent-Bank. Even though loan was granted in 2003 and petitioner had 15 years time to repay the instalments, loan was recalled on account of chronic default for nearly three years. Monthly instalment payable was Rs. 15,400/-. The prayer in the Writ Petition is for direction to respondents to grant time for the petitioner to settle the liability. Second respondent filed counter affidavit and opposed the plea on the ground that the petitioner was granted time by DRT and by this Court on an earlier occasion vide Ext. P6 judgment and petitioner committed default. However, I find justification for this Court to grant time once more for more than one reason. In the first place, petitioner has paid Rs. 3 lakhs on 30-7-2007 and the payment has wiped out instalment arrears for nearly two years. Secondly the scheme of repayment of loan originally granted is thoroughly unrealistic because without any material towards...
Tag this Judgment!Raman and anr. Vs. State of Kerala
Court: Kerala
Decided on: Aug-20-2007
Reported in: 2007(3)KLJ239
K. Thankappan, J.1. Appellants were accused Nos. 1 and 2 in S.C. No. 368/2002 on the file of the Court of the Addl. Sessions Judge Fast Track Court No. II, Palakkad. They faced trial for the offence punishable under Section 55(a) of the Abkari Act on the allegation that they possessed and transported 44,640 liters of Indian Made Foreign Liquor. To prove the allegation against the appellants, PWs 1 to 5 were examined and Exts. P1, to P6 were marked. MOs 1 and 2 were also marked. After closing the evidence, the appellants were questioned under Section 313 Cr.P.C. They denied the allegation and stated that they were falsely implicated by the excise officials. On the side of the prosecution Exts. D1, D2, D2(a) and D2(b) were marked. Relying on the evidence adduced on both sides, the trial court found both the appellants were guilty of the offence punishable under Section 55(a) of the Abkari Act and they were convicted thereunder and sentenced to undergo rigorous imprisonment for three year...
Tag this Judgment!Mr. Rathish J. Babu and ors. Vs. the Kerala State Public Service and o ...
Court: Kerala
Decided on: Aug-18-2007
Reported in: 2007(3)KLJ529
K.S. Radhakrishnan, J. 1. Kerala Public Service Commission, hereinafter called P.S.C, published notification dated 12.10.2004 inviting applications from eligible candidates for appointment to the post of Vocational Teachers in Printing and Technology in the Department of Kerala Vocational Higher Secondary School Education. Method of recruitment is by transfer or by direct recruitment. Qualification prescribed is Degree in Printing Technology with not less than 60% marks from any of the Universities in Kerala or equivalent qualification. In pursuance of the notification, petitioners in W.P.C. No. 32170 of 2005 and petitioners 1 and 2 in W.P.C. No. 14825 of 2006 submitted their applications. Petitioners in W.P.C. No. 32170 of 2005 are holders of Degree of Masters of Applied Sciences in Publishing Science and Printing Technology (M.App.Sc) from Mahatma Gandhi University, Kottayam while petitioners 1 and 2 in W.P.C. No. 14825 of 2006 are holders of B.Tech degree in Printing Technology. P.S...
Tag this Judgment!The State of Kerala and ors. Vs. Thirumeni and ors.
Court: Kerala
Decided on: Aug-18-2007
Reported in: 2008(1)KLJ320
Radhakrishnan, J.1. Claims of over 30,000 police personnel, more than 300 writ appeals (equal number of writ petitions) nearly 500 crores of rupees and a mammoth re-doing exercise are the involved in these and other related cases. Few appeals were filed with delay petitions and considering the larger public interest involved we have condoned the delay in all those cases, after directing the State to take out notice to respondents through paper publication.2. Petitioners, many of them had retired long back, woke up from their slumber and have approached this Court for treating the period of training under gone by them when they had entered service as duty for the purpose of salary, increments, pension etc. on the strength of a Division Bench Judgment of this Court in Lekshmanan v. State of Kerala, 1995 (1) KLT 115 and also the Government Order G.O. (Rt.) No. 2081/04/Home dt.20-9-2004. Writ Petitions preferred by the petitioners were disposed of granting the reliefs as prayed for relying...
Tag this Judgment!Board of Directors of the Venjaramood Co-operative Rubber Marketing So ...
Court: Kerala
Decided on: Aug-18-2007
Reported in: (2008)ILLJ786Ker
K.S. Radhakrishnan, J.1. Point in controversy in this appeal is whether the first respondent is entitled to all service benefits including back wages, other monetary benefits, promotion etc., from the date of his dismissal till his reinstatement. The learned single Judge while interpreting the words 'the entire period of dismissal is treated as period of service' in Exhibit P-4 took the view, the first respondent was entitled to continue in service from May 16, 1990, the date of dismissal, to May 6, 2004, the date of reinstatement with all consequential benefits like back wages and other monetary benefits the correctness as otherwise of the findings is the question before us.2. The first respondent filed a statement on a direction given by us stating that an amount of Rs. 14,22,795/- (Rupees Fourteen Lakhs Twenty Two thousand Seven hundred and Ninety Five) would be due to him as on July 2, 2007 if the judgment of the learned Judge is implemented. We also directed the Bank to file a sta...
Tag this Judgment!K.M. Kelappan Vs. State of Kerala and anr.
Court: Kerala
Decided on: Aug-18-2007
Reported in: 2007(3)KLJ468
T.R. Ramachandran Nair, J.1. Aggrieved by the denial of pension under the Kerala Freedom Fighters Pension Rum, the petitioner is before this Court. The order under challenge is Ext. P 15.2. Rejection is based on the fact that he has not produced official records and also due to the fact that he was only having 16 years of age at the time of Quit India Movement and hence the application cannot be considered favourably.3. The learned Counsel for the petitioner submits that the petitioner had filed an application for pension as per Ext.Pl dated 8-8-1989. Ext.P2 is a further representation submitted by him. In the light of the objections taken in Ext. P15 the petitioner's counsel submits that in Ext. P1(a) he had clearly stated that he took part in the National Freedom Struggle during the years from 1942 to 1943. Later in Ext. P2 he has stated various facts in detail in paras 2 and 3 to elaborate his claim as a prominent freedom fighter. He has clearly stated that he had participated in th...
Tag this Judgment!Sabu Vs. State of Kerala
Court: Kerala
Decided on: Aug-18-2007
Reported in: 2007(3)KLJ157
K. Thankappan, J.1. The appeal is filed against the judgment in S.C. No. 295 of 2000 on the file of the Additional Sessions court (Ad hoc-U), Thodupuzha. The appellant faced trial for the offence punishable under Section 55(a) read with Section 55(1) of the Abkari Act.2. The prosecution case against the appellant accused was that on 7.6.1998 at about 11 O' Clock the appellant was found in possession of 15 bottles each containing 375 ml. of XXX Rum for the purpose of Sale, without any licence or permit as per the provisions of the Abkari Act. To prove the case against the appellant, the prosecution examined PW. 1 to 5 and produced Exts. P1 to P7 as well as Nos. 1 to 3. No oral or documentary evidence was adduced on the side of the defence. After closing the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. The appellant denied the allegations levelled against him and stated that on the day of the incident while he was waiting at the bus stop, the police came and...
Tag this Judgment!State of Kerala and ors. Vs. K.K. Aboobacker
Court: Kerala
Decided on: Aug-18-2007
Reported in: [2007(115)FLR932]; 2007(3)KLJ169
K.S. Radhakrishnan, J.1. The question that is posed for consideration m this case is whether the period of notional promotion could be treated as qualifying service for the time bound higher grade as per various orders issued by the Government.2. Learned single judge of this Court in Ibrahim v. Commissioner and Secretary to Government : 2003(1)KLT534 has taken the view that whether a person who was in actual discharge of duties attached to a post is not a consideration relevant in the matter of granting higher grade. Following the above mentioned decision W.P.C. No. 16046 of 2003 was disposed of quashing Exts. P10 and P10(a) and giving a positive direction to the third respondent to grant the petitioner higher grace of Rs. 4600-7125 with effect from 14-03-1999 on completion of 8 years of service in the first promotion post of U.D. Clerk. State Government is aggrieved by the said judgment and has filed this appeal.3. Sri. Manojkumar, learned Government Pleader submitted that learned sin...
Tag this Judgment!V.M. ShamsuddIn Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Aug-17-2007
Reported in: 2007(3)KLJ252
K.S. Radhakrishnan, J.1. Petitioner herein was working as Director of Agriculture, Union Territory of Lakshadweep. While so, in July 1994 a case was registered against him by the Special Police Establishment of the Central Bureau of Investigation regarding criminal conspiracy and misuse of official position in awarding a contract for supply of rat poison for an amount of Rs. 17,34,000/- in violation of the extant purchase rules thereby causing pecuniary advantage to the supplier in that case. In the investigation, the allegation was found to be prima facie established against the petitioner and regular departmental proceedings were recommended against the petitioner. It was recommended to initiate proceedings under Central Civil Services (Classification, Control and Appeal) Rules, 1965. Charge sheet was accordingly forwarded to he Chief Vigilance Officer in the Union Territory Administration of Lakshadweep from the Office of Director or Vigilance, New Delhi on 30-6-1997 with a request ...
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