Kerala Court September 2008 Judgments

Thulasi Devi B. Vs. Kerala State Co-op. Employees Pension Board and or ...

Court: Kerala

Reported in: 2008(3)KLJ661

Thottathil B. Radhakrishnan, J.1. The petitioner's late husband, Sri. Hariharan Nair, was an employee of the second respondent. On 11-12-2006, the second respondent forwarded the application of the petitioner for family pension to the Pension Board. On verification, the Board concluded that after the remittance of Rs. 76,066/- as on 5-1-2004, a further amount of Rs. 46,639/- was due from the second respondent towards pension fund as on 30-11-2007. It is On account of non-payment of that amount that the petitioner is unable to draw her family pension.2. The petitioner is a widow of a pension who had contributed 28 years of service to the second respondent. The only plea of the second respondent is that its financial status is such that it is unable to make the contribution as of now.3. The Kerala State Co-operative Employees' Pension Scheme is formulated and the Board is constituted to give a social security support measure for the employees of the co-operative sector. What is being pai...

intergrated Rubian Exports Ltd. Vs. Industrial Finance Corporation of ...

Court: Kerala

Reported in: AIR2009Ker76; [2009]149CompCas409(Ker)

ORDERThottathil B. Radhakrishnan, J.1. The petitioner availed different financial assistance from different creditors, including respondents 1, 6 and 7. In 2005, the BIFR issued an order under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 hereinafter, the SICA, for short in pursuance to a reference made to it under Section 15 of SICA. In spite of those guidelines issued as per Ext. P2, nothing worked out and going by Ext. R3(g), the Indian Bank addressed BIFR, requesting to take suitable misfeasance proceedings against the company under the provisions of the SICA. It brought to the notice of BIFR that the movable assets of the company have already been stolen; the premises of the factory are under the control of anti-social elements; due to militant labour present in front of the factory, it is very difficult to enter into the factory and no workers have got their settlements ever since the factory closed; no security is available in the factory even to...

The Senior Divisional Manager, Life Insurance Corporation of India and ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellants are the opposite parties/LIC in OP.599/01 in the file of CDRF, Kollam. The appellants are under orders to pay a sum of Rs.1 lakh the assured amount with 9 % interest from the date of filing of the complaint and also to pay Rs.1000/- as compensation and cost. The case of the complainant is that her husband, deceased Musthafa availed a policy of Rs.1,00,000/- from the second opposite party in the year 1997. On 24.6.99 the defaulted four installments were paid and the policy was renewed. Her husband died on 2.8.2000. The claim was repudiated alleging that the deceased was suffering from Tuberculosis and diabetes since for 1.4.99. and the above facts were suppressed in the renewal statement dated.24.6.99. Her husband had no knowledge in English and he signed as per the direction of the second opposite party. The date of commencing risk was from 23.8.2000. Opposite parties have filed version admitting the policy. The policy had lapsed,...

Tecil Chemicals and Hydro Power Ltd, Rep.by Director Operations) G.Joy ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI.M.V. VISWANATHAN : JUDICIAL MEMBER Complaint filed under Sec.11 and 12 of the Consumer Protection Act, 1986 claiming the insurance claim of Rs.20,00,000/- with costs. 2. The case of the complainant is as follows:- The complainant is a company engaged in manufacture of chemicals and production of hydro power having its registered office at Chingavanam, Kottayam District. It is having factory buildings, power house, plant building, stores, godown, sheds, administrative buildings, club etc, with stock kept in open, stock in godown, plant and machinery. The estimated vale for all the above items would come to Rs.19,66,15,922/-. The above said value arrived at and proved by the opposite party/New India Assurance Company Limited. The complainant/company insured the buildings, plant and machinery, stock in open, stock in go down, furniture for the year 2000-2001 with the opposite party/insurance company for an estimated value of Rs.19,66,15,922/- with a premium of Rs.1,96,123/-. The oppo...

The President (Kuttanpilla Vayamboor) Suraksha Swayam Sahaya Sangham a ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU: PREIDENT The appellants are the opposite parties in OP.205/05 in the file of CDRF, Idukki. The appellants are under orders to pay a sum of Rs.1363.60/- to the complainant. It is the case of the complainant that he was a member of the opposite party society, which is running in a milk collection unit and a provision shop. The profit was being determined and divided among the members periodically. The profits were distributed on 11.11.2003. On account of difference of opinion among the members and 4 members including the complainant resigned. The complainant resigned on 4.10.04. The opposite parties had given the amounts to the other 3 persons who resigned. The complainant was given only the deposits made by him in the Sangam and deposit in the provision shop and share in the profit of the shop alone. The share of profit in the milk collection center amounting of Rs.1363.60/- was not paid. It was undertaken to be paid later. The account of the society was ...

The Kerala Christian Professional College Management Federation Vs. th ...

Court: Kerala

Reported in: AIR2009Ker105

ORDERV. Giri, J.1. Common issues arise for consideration in all these writ petitions. Therefore, they have been heard together and are being disposed of by this common judgment.2. Since the pleadings are more comprehensive in Writ Petition No. 26536/2008, same is taken as the leading case. Petitioner is a Registered Association of most of the Christian Self Financing Professional colleges in the State. This writ petition is essentially concerned with the order passed by the Admission Supervisory Committee for Professional Colleges in so far as it relates to the admission to the MBBS course offered by the four Medical Colleges, which are members of the petitioner Association.3. Petitioner Federation invited application for admission to the four member Colleges through and Connected cases 2 Website as also through leading newspapers in the State. It has to be noted that the method of determining merit as decided upon by the Association was a combination of marks obtained by the candidate...

New India Assurance Co. Ltd. Vs. Dai.T. Mani

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI.M.V. VISWANATHAN : JUDICIAL MEMBER The above appeal is preferred by the opposite party/insurance company in OP:10/02 on the file of CDRF, Pathanamthitta. The complaint therein was filed by the respondent/complainant against the appellant/opposite party claiming the insurance amount of Rs.94,337.70. with interest and cost. The complainant had preferred an insurance claim for the said amount on the ground that the insured goods kept in his shop by name Southern Plantaids were damaged in flood on 8..7..2001. The opposite party deputed the Surveyor who inspected the insured premises namely the shop owned by the insured and assessed the actual damage at Rs.5,437.50. after deducting 50% as the salvage value. But the complainant/insured was not amenable for the said sum of Rs.5,437.50. offered by the insurance company. Hence the complaint in OP:10/2002 was filed before the Forum below. The Forum below accepted the case of the complainant to some extent and thereby passed the impugned ord...

Jane Antony and ors. Vs. V.M. Siyath and ors.

Court: Kerala

Reported in: 2009ACJ2272

Nair Harun-Ul-Rashid, J.1. Right of succession of illegitimate children born to Christian parents is the bone of contention cropped up for consideration in this case. While considering this, following issues arise for consideration:(i) Whether the requirement of a central legislation recognising the right of illegitimate children of all classes irrespective of their religion to inherit the property of their parents is the need of the hour?(ii) Whether illegitimate children born to Christian father and mother are entitled to inherit the property of their father under the Indian Succession Act?(iii) Whether children born to parents living as husband and wife during the subsistence of the father's first marriage are legitimate or illegitimate in the eyes of law?2. The appeal is directed against the award passed by Motor Accidents Claims Tribunal, Pala in O.P. (MV) Nos. 1073 and 1270 of 1995. The case of the appellants in brief is as follows:The deceased Dr. Antony was a 36-year old doctor...

N. Ibrahim Vs. State of Kerala

Court: Kerala

Reported in: (2009)24VST513(Ker)

H.L. Dattu, C.J.1. This revision petition is filed by an assessee registered both under the provisions of the Kerala General Sales Tax Act, 1963 and the Central Sales Tax Act, 1956 ('the KGST Act and the CST Act', for short), being aggrieved by the orders passed by the Kerala Agricultural Income-tax and Sales Tax Appellate Tribunal, Additional Bench, Palakkad in T.A. No. 388/2003 dated June 30, 2003. The Tribunal has rejected the assessee's appeal.2. The assessee has framed the following questions of law for our consideration and decision. They are as under:(i) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that tax is leviable on the sale of sand effected inter-State in the light of the fact that the sale of the commodity within the State is fully exempt from tax under the KGST Act and in the light of the relevant provision under the CST Act giving exemption to such sales. Is not the decision contrary to the statutory provisi...

Abdul Navas Vs. the Dhalakshmi Bank Ltd. and anr.

Court: Kerala

Reported in: AIR2009Ker84; 2008(3)KLJ534

Thottathil B. Radhakrishnan, J.1. Heard the learned Counsel for the petitioner and Adv. Sri. C.K. Karunakaran who appears for the respondents.2. The petitioner availed a facility from the first respondent bank. On default, the bank initiated proceedings under the Revenue Recovery Act. The petitioner carried that matter before the Government and, quite surprisingly, was successful in obtaining an order of stay of the revenue recovery proceedings on condition of payment of 10 percent of the total outstandings and for remitting the balance in 50 equal installments. The Government can 5e gracious, compassionate and benevolent. But such exercise could be done, only if they have the power to do so. When requisition is made by an authority which, owing to the relevant notification under Revenue Recovery Act, is entitled to invoke that Act for recovery, it is not within the domain of the Government to interfere and pass orders of stay of such recovery proceedings. The Government can grant inst...