Kerala Court November 2008 Judgments

Baiji C. Varghese Vs. State of Kerala

Court: Kerala

Reported in: 2009(1)KLJ89

ORDERK. Hema, J.1. Can an application under Section 438 of the Code of Criminal Procedure Code ('the Code', for short) for anticipatory bail be permitted to be withdrawn?2. According to prosecution, petitioner's husband (A9) was the President of a Bank and he is an active politician also. In pursuance of criminal conspiracy hatched among him and various accused including petitioner (A21), an amount of Rs. 75 lakhs (which is more than the permissible limit of loan which could be sanctioned by the Bank) was advanced to petitioner's firm, on the strength of mortgage by deposit of title. Thereafter, the title deeds which were deposited in Bank were clandestinely taken out by the accused from the Bank, and properties covered by the deeds were sold. The President, Secretary, other office bearers of the Bank and loanees criminaly conspired to commit offences of misappropriation, forgery, falsification of accounts etc., and caused a huge loss to the bank by misappropriation of its funds. Vario...

Padmanabhan K. Vs. the State of Kerala and ors.

Court: Kerala

Reported in: 2009(1)KLJ267

C.N. Ramachandran Nair, J.1. The only question arising in all these cases is whether the covered terrace of residential buildings constitute 'plinth area' for building tax assessment. The case of the petitioners is that truss work and structure constructed to cover the terrace of the building, whether it be with asbestos, tile metal or fiber sheets, serve the purpose of protecting the building from heat and rain and by giving roof to the terrace, the terrace does not become residential area to assess it as part of plinth area under Section 5(5) read with Section 6 of the Kerala Building tax Act, 1975 (hereinafter called 'the act'). The question whether covered terrace of concrete structure could be included as part of the plinth area of residential buildings was referred to the Government by the District Collector, Ernakulam at the request of very many buildings owners and the Government vide Circular No. 47999/2003 dated 5.12.2003 clarified that there is no provision to exclude has to...

Murali Alias Dhananjayan Vs. State of Kerala

Court: Kerala

Reported in: 2008(3)KLJ827

Pius C. Kuriakose, J.1. The petitioner who cas claimant in LAR. No. 22 of 1997, a reference under Section 18 of the Land Acquisition Act challenges Ext.P4 judgment of the reference court declining to answer the reference on the reason that the reference made by the Land Acquisition Collector is not a valid one. The award of the Land Acquisition Officer is dated 5-4-1998 and the Land Acquisition Officer awarded land value for wet lands at the rate of Rs. 454/- per Are and Rs. 2137/- per Are for dry lands. The petitioner claims that the received the award amount under protest and requested the L.A. Officer to make a reference to the court of the question of determination of the correct compensation payable for the acquired property. He submits that the L.A. Officer accordingly referred the matter and that was how LAR No. 23/97 came to be registered on the files of the Subordinate Judge's Court, Cherthala. The petitioner submits that in the first instance the learned Subordinate Judge clo...

Managing Director, Kerala State Co-operative Housing -federation Ltd. ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI.M.V. VISWANATHAN : JUDICIAL MEMBER Appeal dismissed as not pressed. The counsel for the appellant made an endorsement to that effect....

Venugopal and ors. Vs. T.L. Paulson and ors.

Court: Kerala

Reported in: 2009ACJ1781; AIR2009Ker86; 2008(3)KLJ817

J.B. Koshy, J.1. The 1st appellant sustained serious injuries in a motor accident on 12.11.1994. He claimed compensation before the Tribunal claiming an amount of Rs. 2,03,000/-. The accident occurred on 12.11.1994. The 1st appellant committed suicide on February, 1997 on account of mental depression. Thereafter, his legal representatives consisting of his wife, son, daughter and his father and mother were impleaded and the amount claimed was enhanced to Rs. 5,75,000/- alleging that the 1st appellant committed suicide due to depression caused as a consequence of the injuries suffered in the accident. Tribunal found that the accident occurred due to the negligent driving of the motor cycle by the 2nd respondent. The motor cycle was owned by the 1st respondent and insured by the 3rd respondent Insurance Company. The contention of the appellants is that death was due to the after effect of the accidental injuries was not accepted by the Tribunal and compensation awarded was only Rs. 30,00...

Director, Jubilee Mission Hospital Vs. University of Calicut and ors.

Court: Kerala

Reported in: 2008(3)KLJ832

V. Giri, J.1. Almost identical contentions are raised in these two writ petitions. The issues which arise for consideration are also identical. Therefore they have been heard together and are being disposed of by this common judgment. I will refer to the facts in WPC. No. 28130/2008, which has been taken as the leading case.2. The Amala Institute of Medical Science, of which the petitioner is the Director, established a medical college after obtaining approval in that regard from the Government of India on the recommendation of the Medical Council of India in the year 2003-2004. Taking note of the said approval as well, the respondent University granted affiliation for the year 2003-2004 as per Ext.P1 order. The affiliation granted in Ext.P1 was made subject to certain conditions. The relevant portion of Ext.P1 reads as follows:The affiliation granted is purely provisional for the year 2003-04 and the college has to apply for continuation of provisional affiliation for the ensuing year...

Kreem Foods Private Limited Vs. State of Kerala

Court: Kerala

Reported in: (2009)24VST333(Ker)

ORDERH.L. Dattu, C.J.1. The assessee is engaged in the manufacture and sale of ice-creams and is the trade mark holder of 'SKEI'.2. During the course of its business, the assessee-company has entered into agreements with certain other units and appointed them as franchisees to manufacture and effect sale of ice-creams with the brand name 'SKEI' for fixed amounts of royalty, at the rate of two per cent on the sales turnover of such units.3. In the annual returns filed, the assessee had claimed exemption for royalty amounts included in the total turnover. The assessing authority at the first instance had granted exemption in respect of the royalty income from assessment to tax.4. The Deputy Commissioner in exercise of his suo motu powers had taken exception to the orders passed by the assessing authority and accordingly has set aside the assessment order on the ground that the grant of exemption was not proper and accordingly had remanded the matter to the assessing authority for fresh d...

M/S.Thiruvonam Chitties and Loans, Rep. by Managing Partner Viswanatha ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE K.R.UDAYABHANU: PRESIDENT The appellant is the second opposite party/proprietor of the first opposite party finance institution. The appellant is under orders to pay the actual amount remitted by the complainant in two chitties; one in his own name and the other in the name of his nephew, with 12% interest from the date of the termination of the kuri and also cost of Rs.250/-. 2. The appellant was ex-parte in the proceedings before the Forum. It is mentioned that Ext.P1 series are marked. 3. The Forum has noted that the petitioner has failed to produce documents with respect to the remittance in the kuri in the name of his nephew. 4. The respondent/complainant although served with notice he did not enter appearance before this Commission. 5. In the circumstances and in view of the fact the order is not exactly on merits the order of the Forum is set aside on condition that the petitioner/second opposite party deposit a sum of Rs.50,000/- more (it is mentioned that Rs.20,000/- i...

Cholamandalam Investments and Finance Co. Ltd. and Another Vs. Sally K ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI. M.V. VISWANATHAN: JUDICIAL MEMBER Both parties present. Matter settled. A joint memo filed to that effect and the same is recorded. Hence the appeal is disposed of in terms of the settlement incorporated in the joint statement dt:1..11..2008....