Kerala Court March 2009 Judgments

The Manager, State Bank of India, Rep. by Its Branch Manager, State Ba ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SRI. K.R. UDAYABHANU: PRESIDENT The 1st opposite party in CC.239/07 in the file of CDRF Alappuzha is the appellant. The opposite parties four in number including the appellant is under orders to pay a sum of Rs.2725/- with interest at 18% and a sum of Rs.10000/- as compensation and Rs.1000/- as cost 2. It is the case of the complainant that he is a retired government employee and that he availed the credit card facility from the 4th opposite party with the limit of Rs.18000/-. He used credit card only at two instances. The total amount due would come to only Rs.3505.40/-. He remitted the entire amount with interest mentioned as Rs.6231/-. Subsequently he received a statement mentioning that a sum of Rs.16117.79 is due from him. Although he addressed the opposite party in this regard there was no response. The opposite parties stood ex parte before the Forum. 3. Complainant produced proof affidavit and Exts.A1 to A4 were marked. 4. It is the case of the appellant/1st opposite pa...

Suo Motu Vs. Sri M.S. Ravi, the Printer and Publisher,

Court: Kerala

Reported in: 2009(2)KLJ166

Balakrishnan Nair, J.1. This contempt case is initiated suo motu by the High Court of Kerala, pursuant to the decision by the Full Court on the administrative side. Whether the decision of the Chief Justice alone is sufficient or that of the Full Court is necessary, is a debatable point, as there are conflicting decisions on this aspect. But, the decision of the Full Court lends legitimacy to the proceedings and the same cannot be now described as the brainchild of the master of the roster or the Judge designated by him.2. The brief facts of the case are the following: Kerala Kaumudi is one of the leading dailies in Malayalam. It published an editorial on 18.12.2008 under the caption 'Comfort of the blindfolded eyes of the Goddess of Justice'. The said editorial was one dealing with the proceedings pending before this Court in the form of Bail Application Nos. 7311, 7508 and 7551 of 2008 in Crime No. R.C. 8(S)/93/SPE/KER/CBI, popularly referred as 'Abhaya Case'. It was a case of unnatu...

The Malabar Mar Thoma Syrian, Vs. Lally Mathew, Principal and the Maha ...

Court: Kerala

Reported in: 2009(2)KLT221

K. Balakrishnan Nair, J.1. The respondents 1 to 3 in W.P.(C) No. 12503/2007 are the appellants. The respondents are respectively, the writ petitioner and respondent No. 4 in the said writ petition. The point that arises for decision in this appeal is whether the agreement executed between an appointee to the post of Principal in a Private College affiliated to the M.G. University and the management has the efficacy to curtail the period of appointment of that incumbent.2. The brief facts of the case are the following: Mar Thoma College for Women, Perumbavoor is a Private College affiliated to the M.G. University. The educational agency of that College has entered into an agreement with the Government for direct payment of salary to the teaching and non-teaching staff of that College by the Government. A vacancy in the post of Principal arose in the College on 31.3.2003, as a result of the retirement of the then Principal. Though, the 1st respondent/writ petitioner was the senior-most q...

CochIn International Airport Ltd. Vs. the Regional Labour Commissioner ...

Court: Kerala

Reported in: 2009(2)KLJ432

V. Giri, J.1. The issue, which has been posed for consideration in this writ petition turns around the definition of 'appropriate Government' as mentioned in the Contract Labour (Regulation and Abolition) Act, 1970 hereinafter referred to as 'CLRA Act']. Since the term 'appropriate Government is to be determined with reference to the definition of the said term as contained in the Industrial Disputes Act [for short 'the ID Act'] essentially, certain provisions of the ID Act also come up for consideration. By the nature of the activity carried on by the petitioner, the provisions of the Aircraft Act and the Rules framed thereunder as also the International Airports Authority Act, 1971 and Airports Authority of India Act have also come up for consideration.2. The petitioner, Cochin International Airport, a public limited company was incorporated under the Companies Act, with the object of constructing, Commissioning, operating, managing and maintaining an Airport of international standar...

Ernakulam District Rolling Shutter Fabricators Association and ors. Vs ...

Court: Kerala

Reported in: (2009)26VST499(Ker)

C.N. Ramachandran, J.1. This is an appeal filed under Section 62(1) of the Kerala Value Added Tax Act, 2003 (hereinafter called, 'the Act') read with Rule 80(1) of the Kerala Value Added Tax Rules, 2005 against the order of clarification issued by the Commissioner of Commercial Taxes under Section 94 of the Act. The appellant is an association whose members are engaged in fabrication, supply and installation of rolling shutters. The appellant claimed that work involved, namely, fabrication and installation of rolling shutters for customers is works contract which entitles them for payment of tax at compounded rate under Section 8(a)(i) of the KVAT Act. The Commissioner, however, vide annexure V order clarified that fabrication and installation of rolling shutters is taxable under Section 6(1)(e) read with Section 6(1)(d) of the Act at the rate of 12.5 per cent. It is against this order appeal is filed by the appellant. We have heard counsel for the appellant and the Government Pleader ...

Viswanathan Vs. S.i. of Police

Court: Kerala

Reported in: 2009ACJ2561

M.N. Krishnan, J.1. This petition is filed with a prayer to quash the Annexure 1. Annexure Al is the registration of the crime for driving a scooter in a drunken state thereby attracting the offences under Sections 184 and 185 of the Motor Vehicles Act, In order to sustain an offence under these sections the first condition to be satisfied is that it should be a motor vehicle. Learned Counsel for the petitioner submits before me that the vehicle involved in the incident is a BSA Street Rider that is an electrical two-wheeler without pedal assistance. It is also seen that the vehicle has 30 minutes power of only 0.223 kw. It is also stated in the Test Report 8 conclusion that the test vehicle model BSA Street Rider does not deem to be a motor vehicle for compliance to CMVR requirements as per the exemption criteria specified. In order to satisfy that it is a motor vehicle, it has to be decided whether it comes within the ambit of the definition of motor vehicle as enumerated under Secti...

Microtrol Sterilization Services Pvt. Ltd. Vs. State of Kerala

Court: Kerala

Reported in: (2009)25VST213(Ker)

C.N. Ramachandran Nair, J.1. The question raised in the sales tax revision filed by the assessee is whether the Tribunal was justified in sustaining the assessment on the value of ethylene oxide used in sterilisation of goods for others. The assessee is engaged in sterilisation of goods with ethylene oxide. In the course of assessment for the year 2003-04 the assessing officer noticed that substantial value of ethylene oxide brought from outside State on stock transfer was used up in the course of sterilisation work done by the assessee for various parties. He therefore assessed the contract receipts which includes value of ethylene oxide and service charges received as turnover for works contract. The assessee questioned the assessment on the ground that ethylene oxide in the process of sterilisation is lost and therefore there is no transfer of property involved in the sterilisation process and, therefore, the value of the ethylene oxide cannot be assessed as turnover on works contra...

The Regional Manager, Hdfc, Kalliyathbuilding Vs. Mridula Mohandas

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT The appellant is the opposite party in CC:286/06 which was decided exparte vide order CC:286/06 in the file of the CDRF, Thrissur. The appellant/opposite party has been directed not to forceably seize the vehicle and also to pay a sum of Rs.500/- towards cost. 2. The case of the complainant is that she has paid all the instalments of the loan availed. The total amount comes to Rs.3,59,150/-. According to the opposite party/appellant is claiming an amount of Rs.3,89,565/- and they are threatening to seize the vehicle. 3. The evidence adduced consisted of the proof affidavit of the complainant and Ext.P1. We find the legal position that the appellant is not entitled to forceably seize the vehicle cannot be disputed. It is submitted that the appellant could not contest the matter on account of the delay in processing at their office. They had filed application to setaside exparte order and the same was dismissed. 4. The counsel has sought for a di...

Kunjunjamma and ors. Vs. Rosamma

Court: Kerala

Reported in: 2009(1)KLJ865

P.R. Raman, J.1. The appeal Suit, A.S. No. 52 of 1999, arises out of the judgment and decree of Subordinate judge's Court, Pala, in O.S. No. 227 of 1994, a suit for declaration, recovery of possession, mesne profits and injunction. The respondent herein as plaintiff instituted the suit. As per the plaint averments, the second defendant Kunjujamma was the wife of the first defendant, George Joseph. Defendants 3 to 5 were their children. First defendant was the brother of the plaintiff. In short, the defendants were the plaintiff's brother, his wife and children. The plaintschedule properties belong to the plaintiff. According to the plaintiff, originally the property belonged to the father of the plaintiff and first defendant, namely, Ouseph son of Ouseph. The plaint schedule property was included in E Schedule in the Will executed by the said Ouseph in June 1979. Ouseph died on 30-8-1991. On 25-1-1991, Item No. I of the plaint schedule property was sold to the plaintiff for a considera...

Ambrose and anr. Vs. Yesudas and anr.

Court: Kerala

Reported in: 2009(2)KLJ313

K.T. Sankaran, J.1. The question involved in this Writ Petition is whether under Rule 9 of Order XXVI of the Code of Civil Procedure the court has power to appoint a Commissioner for local inspection of the property in dispute before the written statement is filed by the defendant.2. The Writ Petitioners filed O.S. No. 60 of 2009 before the Munsiff's Court, Kochi, against the respondents for a permanent prohibitory injunction restraining the defendants from trespassing upon the plaint A schedule property or causing any obstruction 'in the gap on the eastern side of A schedule item numbers 1 and 2, by putting up any structures in the gap on the south western sides of plaint A schedule item No. 1, north eastern portion of A schedule item No. 2, i.e., in between the compound wall of the plaint A schedule and the western compound wall of the first defendant.' The property of the plaintiffs lies on the western side of the property belonging to the defendants. The plaintiffs filed an applica...