Kerala Court August 2008 Judgments

Anandavally M. and ors. Vs. President, Alappuzha Dist. Co-op. Bank and ...

Court: Kerala

Reported in: 2008(3)KLJ319

Thottathil B. Radhakrishnan, J.1. Certain questions of fundamental character touching the rule of reservation contained in Section 80(4) of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the 'Act', require consideration in these cases.2. W.P.(C) 13257 is filed by the beneficiaries of the order impugned in W.P.(C) 14031/ 2007 filed by the Alleppey District Co-operative Bank, hereinafter referred to as the 'bank'.3. The bank issued a notification on 16.5.1990 inviting applications for the posts of Clerks. Fifty per cent of the total vacancies were reserved for the employees of the member societies in compliance with the provisions of Rule 187 of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the 'Rules'. Ten per cent of the vacancies were reserved for members belonging to Scheduled Castes and Scheduled Tribes, having regard to the provisions of Section 80(4) of the Act. The written test and interview were conducted on 2.12.1990 and 8.7....

Mohammed Kunju K.M. Vs. Asstt. Commissioner of Comml. Taxes

Court: Kerala

Reported in: 2008(3)KLJ369; 2008(4)KLT157

K.M. Joseph, J.1. The facts of this case as would be revealed in the course of the judgment, would show how the apathy of the officers has culminated in orders being passed with huge delay, which the learned Counsel for the petitioner would enlist in support of her contention that it has transformed into a right in favour of the petitioner on the ground of the assessments being barred.2. The petitioner is the eldest son and one of the legal heirs of one Sri. Mytheen Kunju Sahib. Late Mytheen Kunju Sahib was an assessee under the Kerala General Sales Tax Act. The question relates to the assessment years 1974-75 and 1980-81. Late Mytheen Kunju Sahib passed away on 24.3.1998. The legal heirs of Sri. Mytheen Kunju Sahib received a notice dated 24.1.2003 calling upon the legal heirs, including the petitioner to produce the books of accounts filed before the first respondent. Petitioner has submitted Ext.P 1 letter seeking details as to why the books of accounts were being called for. They w...

K.M. Mohammed Kunju Vs. Assistant Commissioner of Commercial Taxes, (A ...

Court: Kerala

Reported in: (2009)22VST268(Ker)

K.M. Joseph, J.1. The facts of this case as would be revealed in the course of the judgment, would show how the apathy of the officers has culminated in orders being passed with huge delay, which the learned Counsel for the petitioner would enlist in support of her contention that it has transformed into a right in favour of the petitioner on the ground of the assessments being barred.2. The petitioner is the eldest son and one of the legal heirs of one Sri Mytheen Kunju Sahib. Late Mytheen Kunju Sahib was an assessee under the Kerala General Sales Tax Act, 1963. The question relates to the assessment years 1974-75 and 1980-81. Late Mytheen Kunju Sahib passed away on March 24, 1998. The legal heirs of Sri Mytheen Kunju Sahib received a notice dated January 24, 2003 calling upon the legal heirs, including the petitioner to produce the books of account before the first respondent. The petitioner has submitted exhibit P1 letter seeking details as to why the books of account were being cal...

Babu Mathew Vs. Biju Mathew and ors.

Court: Kerala

Reported in: 2009ACJ1261

M.N. Krishnan, J.1. This appeal is preferred against the judgment of the Motor Accidents Claims Tribunal, Ernakulam in O.P. (MV) No. 1126 of 2000. The claimant has challenged the finding of the Tribunal, whereby the Tribunal has exonerated the insurance company from indemnifying the owner. The Tribunal held that 'thus notwithstanding the nomenclature, Exh. B1 does not suggest that any amount has been collected by the respondent No. 3 to cover the risks of persons other than third parties or own damage of the vehicle. In the circumstances, the respondent No. 3 has No. liability to indemnify the insured, respondent No. 2'.2. The learned Counsel for the appellant had made available before me the copy of the policy with the terms and conditions. Admittedly it is a B policy which means that it is a comprehensive policy. Section II--Liability to third parties. Under Section II (1) of the conditions attached to the policy it is stated that 'subject to the limits of liability as laid down in t...

Rajeevan S/O Late Balasubramanyan Vs. State of Kerala

Court: Kerala

Reported in: 2009CriLJ1031; (2003)3SCC355

ORDERK. Hema, J.1. The petitioner is the sole accused in a case involving offences under Sections 279 and 337 of IPC, which is pending before the Magistrate Court. He failed to appear in Court, in disobedience of summons issued from the Court, and hence non-bailable warrants were issued against him. Proceedings under Sections 82 and 83 of the Code of Criminal Procedure Code ('the Code', for short) were also initiated against him, to proclaim him as an absconding accused, fie, therefore, apprehends arrest and hence, this application for anticipatory bail.2. On hearing both sides and on a reading of Section 438 of the Code, and on consideration of the object of the said provision, I find that anticipatory bail cannot be granted to petitioner mainly for three reasons: (i) apprehension of arrest of petitioner is not on accusation of having committed any non bailable offence, since the offences involved are only bailable offences; (ii) the arrest sought for is consequent to lawful non-baila...

P.K. Mathew Vs. the Branch Manager, the New India Assurance Co.Ltd.

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI. M.V. VISWANATHAN: JUDICIAL MEMBER The above appeal is directed against the order dated 26/8/03 of CDRF, Pathanamthitta in OP No.78/99. The complaint therein was filed by the appellant against the respondent/opposite party claiming mediclaim insurance amount. The opposite party/Insurance Company repudiated the claim on the ground that the alleged mediclaim is based on pre-existing disease related a fall one year back. The Forum below on appreciation of the evidence adduced from both sides, accepted the case of the opposite party/ Insurance Company and thereby dismissed the complaint in OP.78/99. Hence the present appeal. 2,. We heard the counsel for the appellant/complainant and respondent/opposite party. The learned counsel for the appellant submitted his arguments based on the grounds urged in the memorandum of the present appeal. He relied on the decision of State Commission reported in II (2001) CPJ 467 and submitted that the complainant insured was not aware of the illness an...

Shameer Vs. Gopakumar

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI. M.V. VISWANATHAN : JUDICIAL MEMBER The above appeal is preferred from the order dated 29/7/05 passed by CDRF, Kollam in OP.No.217/04 . The complaint therein was filed for compensation on the ground of deficiency in service on the part of the opposite parties. The opposite parties filed version denying and disputing the alleged deficiency in service. The complainant was examined as PW1 and Exts.P1 to P9 documents were marked on 3/6/05. The case then adjourned to 23/6/05 for further evidence; but on that day the complainant was not ready for adducing further evidence and at the request of the complainant the matter adjourned to 11/7/05. But on 11/7/05 the opposite parties were absent and there was no representation for the opposite parties. So, the Forum below declared the opposite parties exparte and the matter was heard and taken for orders. Ultimately, on 29/7/05 the impugned order was passed directing the opposite parties to pay a sum of Rs.31,397/- with interest @ 9% per annum ...

Saravanan A. Vs. Gopakumar P. Alias Pallakkattu Gopan and anr.

Court: Kerala

Reported in: 2008(3)KLJ103

M. Sasidharan Nambiar, J.1. The short point of consideration in this petition filed under Article 227, Constitution of India is whether Election Petitioner shall sign each page of the copy of the Election Petition served on the respondent.2. Petitioner is the elected candidate of Ward No. 3, Thiruvilwamala Block Panchayath held on 24.09.2005. First respondent filed O.P. 265 of 2005 before First Additional District Court, Trichur to set aside the election of the petitioner. Petitioner contended that election petition is not maintainable and is liable to be dismissed under Section 93(1) of Kerala Panchayat Raj Act as copy of the election petition furnished to the petitioner contains only one signature at the bottom of last page of the election petition and therefore, there is noncompliance with the mandatory provisions of Sub-section (2) of Section 89 of Kerala Panchayat Raj Act. The learned District Judge rejected said contention and held that the election petition is not liable to dism...

Fathima Haneena P. Vs. State of Kerala and ors.

Court: Kerala

Reported in: 2008(3)KLJ224

S. Siri Jagan, J.1. The petitioner is a student who aspires for admission to medical colleges in Kerala during this year. She has appeared in the Common Entrance Test conducted by the Commissioner of Entrance Examinations of the Government of Kerala and is included as rank No. 1503 in the rank list prepared pursuant thereto. As is common knowledge, there are several Self-financing Medical Colleges in Kerala, the mode of admission to which is in a nebulous sate for the past few years because of the dispute regarding seat sharing between the Government and the Managements of the Self-financing Medical Colleges. Six of the Self-Financing Medical Colleges in Kerala sharing with a fee pattern in excess of what has been fixed by the Fee Regulatory Committee appointed by the Government of Kerala under Section 6 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and other measures to ensure Equity and Ex...

State of Kerala Vs. Babu

Court: Kerala

Reported in: 2008(3)KLJ130

K. Balakrishnan Nair, J.Crl. Appeal No. 908/2004:1. This is an appeal filed by the State, feeling aggrieved by the acquittal of the respondent, who was the accused in S.C. No. 242/2001 of the Sessions Court, Thrissur. The accused/respondent was charge-sheeted for murdering his wife, giving her sodium cyanide masquerading it as ayurvedic contraceptive powder. But, the trial court disbelieved the case of the prosecution and took the view that it may be a case of suicide.2. The brief facts of the case are the following: Ms. Sweety was a beautiful young girl aged about 19 years. Her marriage with Mr. Babu, the accused took place on 15-5-2000. The accused was a post-graduate and was an employee of Alukkas Jewellery. At the relevant time, he was working in one of the showrooms of the said Jewellery in the Gulf. The deceased was the eldest of the three daughters of PW1, who was working as a Welder in the Cochin Shipyard. PW9, the mother of the deceased was a house wife. The accused was not ha...