Kerala Court February 2009 Judgments
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Syamaladevi Vs. Sarala Devi and ors.
Court: Kerala
Decided on: Feb-02-2009
Reported in: AIR2009Ker138; 2009(1)KLJ646
P.R. Raman, J.1. This writ petition arises out of an order passed by the Family Court deciding the jurisdictional issue as a preliminary issue as directed by this Court in an earlier proceeding - W.P.(C) 17711/2006. The above said writ petition was filed against an order granting an interim relief of injunction restraining the petitioner herein from receiving the pensionary benefits due to deceased Bhaskara Pillai who is alleged to be the husband of the petitioner. Though question of jurisdiction as such was not raised at that time, such a contention was raised in the writ petition and therefor, this Court directed the Family court to decide the question of jurisdiction as a preliminary issue. It is thereafter that the present order was passed holding that the Family Court has jurisdiction under Section 7 of the Family Court Act and also territorial jurisdiction under Section 7 of the Family court has got territorial jurisdiction to entertain the matter.2. The essential facts relevant ...
Harrisons Malayalam Ltd. Vs. Ashraf
Court: Kerala
Decided on: Feb-02-2009
Reported in: (2009)IIILLJ643Ker
K. Balakrishnan Nair, J.1. This is an appeal filed under Section 30 of the Workmen's Compensation Act. The employer is the appellant. The first respondent was the applicant. The second respondent was the Sub Contractor, who engaged the applicant and the third respondent is the insurer. The first respondent while working under the second respondent, who was the Sub Contractor for the appellant, suffered certain injuries resulting in cent percent permanent disability. The first respondent moved the Workmen's Compensation Commissioner. The said authority awarded a compensation of Rs. 2,39,380/- with 12% interest from November 24, 1999, the date of accident. The award was passed on September 20, 2002, with a direction to pay the amount within one month. The appellant challenges the said award on two grounds. The first ground is that the insurer is liable to pay the interest also. The second point is that the interest was liable to be awarded only from the date, the award became enforcible,...
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