Kerala Court September 2007 Judgments
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Rajesh R. Nair Vs. State of Kerala
Court: Kerala
Decided on: Sep-07-2007
Reported in: 2008CriLJ523
J.B. Koshy, J.1. Appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- for offence punishable under Section 302 of the Indian Penal Code. The appellant was the first accused. He was alleged to have killed his mother and sister. Since appellant was financially not able to engage a lawyer, State appointed a lawyer before the trial Court and this Court under the legal aid scheme. As per the final report, police charged originally accused, his mother Chandrika and father of the accused under Sections 302, 306 and 323 read with Section 34 of the Indian Penal Code. After perusing the records, Court charged the appellant alone under Section 302, IPC as mother, original A2, died and it was recorded as abated. The allegation of the prosecution was that appellant Rajesh (A1), his mother Chandrika (A2), father of the appellant (A3) and deceased Raji, sister of the appellant were residing in House No. A.P. X/506 of Anad Village. Father used to abus...
V. Balakrishna Reddiar Vs. Branch Manager, Lic of India and ors.
Court: Kerala
Decided on: Sep-05-2007
Reported in: AIR2008Ker24
V. Giri, J.1. Petitioner, who was an agent of the Life Insurance Corporation, from 1980 onwards, challenges the termination of his agency coupled with forfeiture of the renewal commission, as ordered originally by the first respondent and affirmed by the Appellate Authority and Chairman. The appointment of a person as agent of the Life Insurance Corporation and consequently the termination of his agency, with or without the forfeiture of the renewal commission that the agent is entitled to is effected under Statutory Regulations called as 'Life Insurance Corporation of India (Agents) Rules 1972 (hereinafter referred to as 'the Rules'). The said Rules are framed by the Central Government in exercise of the powers conferred by Section 49 of the Life Insurance Corporation of India Act, 1956. An interesting question as regards the scope of Rule 19 of the Rules in the context of forfeiture of the renewal commission that is due to the agent has come up for consideration in this writ petition...
Shamsudeen Vs. Mohammed Salim and ors.
Court: Kerala
Decided on: Sep-05-2007
Reported in: AIR2008Ker59; 2008(1)KLJ260; 2008(2)KLT388
M. Sasidharan Nambiar, J.1. Whether the marriage between a Muslim male and a Hindu female is void? Whether the child born in that relationship is legitimate and if so whether, the child will inherit the estate of the father? These are the interesting questions to be decided in this second appeal.2. Appellant instituted the suit before Sub Court, Thiruvananthapuram claiming partition and separation of his 14/16 shares in the plaint A schedule property and half right over 'plaint B schedule property. Plaint A and B schedule properties admittedly originally belonged to Mohammed Bias. The case of appellant was that 8th defendant was the first wife of Mohammed Ilias and there was no issue in that wedlock and thereafter Mohammed Ilias married 9th defendant in 1120 M.E. and they were residing together as husband and wife in House No. T.C. 13 of Poojappura ward of Thiruvananthapuram and appellant was born to 9th respondent in that wedlock and after the death of Mohammed Ilias 9th defendant mar...
C.V. Mohan Kumar Vs. University of Kerala and ors.
Court: Kerala
Decided on: Sep-04-2007
Reported in: 2008(1)KLJ309
Thottathil B. Radhakrishnan, J.1. The petitioner challenges the decision contained in Ext. P1 by which he has been informed that the Selection board, at its meeting held on 27-09-2001, assessed his suitability for the post of Joint Registrar and had recommended that he has been found to be not suitable for such promotion.2. The petitioner's case is that he had been subjected to hostile discrimination in as much as he has been denied promotion in spite of being called before the Selection Board on three occasions and that the Selection Board was not constituted in terms of the relevant provision, which is Statute 8 in Chapter 4 of the Kerala University First Statutes, 1977, hereinafter referred to as. the 'Statutes'. His further case is that the University adopts a policy of mere pick and choose with no reference to the service records and without appropriately assessing the competence. The learned-counsel for petitioner, in support of the writ petition, made copious reference to the ma...
Chithrangathan Vs. Seema
Court: Kerala
Decided on: Sep-04-2007
Reported in: I(2008)DMC365
ORDERV. Ramkumar, J.1. In this revision filed under Section 397 read with Section 401, Cr.P.C. the revision petitioner, who is the father of the 1st respondent herein, challenges Annexure-C order dated 9.3.2007 passed by the Chief Judicial Magistrate, Kollam in C.M.P. No. 1526/2007.2. When this revision came up for hearing, the learned Counsel appearing for the 1st respondent raised a preliminary objection that this revision is not maintainable in view of Section 401(4), Cr.P.C. read with Section 399(2), Cr.P.C. since the impugned order is appealable under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the PWDV Act' for short).3. Advocate Mr. M. Balagovindan, the learned Counsel for the revision petitioner, maintained that the revision is maintainable. In support of his stand, he made the following submissions before me:Section 29 of the PWDV Act, which confers the right of appeal, gives such a right of appeal only to the respondent ...
Radhamony B. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Sep-04-2007
Reported in: 2007(3)KLJ700
Thottathil B. Radhakrishnan, J.1. The petitioner; while working as the Joint Regional Transport Officer, Kollam, suffered a cardiac episode leading to Ext.Pl being issued by the Medical Officer of the Police Hospital, Kollam on 8-11-1999 advising her to see a cardiologist of a major hospital where there is facility for further investigation and management. On 14-1-2000, the Head of the Division of Cardiology of the Sree Uthradom Thirunal Hospital, the credibility of which institution is not challenged by the Government, issued Ext.P2 certifying that the petitioner has suffered coronary artery disease and requires urgent coronary bypass surgery and the total costs of that would come to Rs. 1,10,000/-. That document was, obviously, acted upon by the Government which led to a final-decision by the Government granting her reimbursement to the extent of Rs. 55,000/- for the surgery that saved her as reflected by the discharge summary Ext.P4.2. The short issue that arises for decision is as ...
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