Kerala Court April 2009 Judgments

Sri. G. Sachidanandan Vs. Coco-cola India Ltd. and Others

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI. M.V. VISWANATHAN : JUDICIAL MEMBER This is a complaint filed under section 18 of the Consumer Protection Act, 1986. The case of the complainant is as follows:- 2. The first opposite party Coca Cola India limited introduced the prize winning scheme by the name Thums-Up Thunder Gear and the said scheme was advertised as part of their sales promotion of their soft drinks product Thums-Up. The aforesaid prize scheme offered various prizes such as Tata Safari Car, woodland jacket, waist pouch, thunder jeans, woodland T-shirt, woodland shoes etc. As per the advertisement any person who collects liners attached to the caps (crown) of the Thums-Up bottles with the alphabets T,H,U,M,S,U,P plus the liner containing the visual or picture of the prize would be awarded the said prize shown in the liner. The said offer was valid from 15th December 1998 to 15th February 1999 and that the prizes will be awarded on first come first served basis. The said offer was later extended to 28th February ...

Sri. D. Udayakumar Vs. Bharat Sanchar Nigam Ltd. (Bsnl) Alappuzha Tele ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU, PRESIDENT: The appellant is the complainant in CC.110/07. The Forum has dismissed the complaint. It is seen from the order that none of the contentions of the parties have been considered. The order is just the ipsi dixit of the Forum, it appears. 2. In the circumstances, the order of the Forum is set aside. The case is remanded back to the Forum for fresh consideration. The Forum is directed to issue notice to the opposite party. The Forum shall consider the evidence in the matter that consist of the testimony of PW1 to PW4, Exts. A1 to A9, B1 and dispose of the matter by a reasoned order. The matter will stand posted before the Forum on 10/6/2006. Office is directed to dispatch this order to the Forum urgently. ...

State of Kerala, Represented by Director General of Police and Superin ...

Court: Kerala

Reported in: 2009(1)KLJ280

K. Balakrishnan Nair, J.1. The respondents in the Writ Petition are the appellants. The writ petitioner is the respondent herein. The learned Single Judge by the judgment under appeal, quashed Ext.P11 order of the Government dated 16.12.2008, as per which the respondent/writ petitioner was suspended from service, pending decision in the disciplinary enquiry going on against him. Aggrieved by the said decision of the learned Single Judge, the official respondents in the Writ Petition have filed this Writ Appeal.2. The brief facts of the case are the following. The respondent filed the Writ Petition, making the following pleadings. He is presently working as Assistant Commandant in the Armed Police at Malappuram. He joined the police in 1991 and has rendered meritorious service for more than 17 years. He has received several good service entries. While so, a lady, hereinafter referred to as Mrs.X, started filing complaints against him repeatedly before various authorities. She is married...

Jayasree T. (Former Hsst of Zhs School) Vs. the Director of Higher Sec ...

Court: Kerala

Reported in: 2009(2)KLJ538

Balakrishnan Nair, J.1. The writ petitioner is the appellant. The respondents were the respondents in the Writ Petition. The point that arises for decision in this appeal is whether a Higher Secondary School Teacher (for short 'H.S.S.T.') relieved on termination of vacancy is entitled to get re-appointment, when a vacancy arises in that cadre in future.2. The brief facts of the case are the following: The appellant is a post-graduate in Sociology with 50% marks. She has acquired B.Ed. degree also. She is duly qualified for appointment as H.S.S.T in Sociology. By Ext.P3 order, she was appointed in a leave vacancy in the 2nd respondent's School, for the period from 25.10.2000 to 31.3.2001 (5 months). She was selected by a duly constituted selection committee and her appointment as H.S.S.T (Part-time - now called Junior) by the Manager of Zamorin's Higher Secondary School, Kozhikode was approved, in the time scale of pay of Rs. 5500 - 9075, by the Director of Higher Secondary Education. O...

Abdul Asees Vs. Devaki

Court: Kerala

Reported in: 2009(2)KLJ387

ORDERPius C. Kuriakose, J.1. RCR. 36/09 is filed by the landlord and RCR. 86/09 is filed by the tenant. Both the revision petitions are directed against the judgment of the Rent Control Appellate Authority, Kalpetta. Since facts have been narrated correctly in the judgment of the Rent Control Appellate Authority and also in the order of the Rent Control Court we propose to refer to them only very briefly. The parties are being referred to as landlord and tenant respectively.2. The rent control petition was filed by the landlord seeking eviction of the tenant on the ground under Sub-section (3) of Section 11 of Act 2 of 1965, viz., the ground that the petition schedule building is required bona fide by the landlord for starting a hardware business for his dependent daughter Rahiya and son-in-law Muhammed. The landlord alleged that the tenant has got properties and buildings at Balussery, her home town and that she is having income from them. It was alleged that the tenant is having buil...

Hindustan Lever Limited Vs. the Controller of Legal Metrology and ors.

Court: Kerala

Reported in: 2009(2)KLJ378

P.R. Ramachandra Menon, J.1. The Petitioner is challenging Ext. P2, P6 & P7 proceedings issued by the Respondents 1 & 2; whereby prosecution steps are caused to be instituted against the petitioner alleging the offence under Section 39(5) of the Standards of Weights & Measures Act 1976 ('Act' in short) and Rule 5 Schedule III Clause No. 17(c) of the Standards of Weights & Measures (Packaged Commodities) Rules 1977 ('Rules' in short).2. The Petitioner is engaged in the manufacture and marketing of various Consumer Products including 'Pears Transparent Soap' . In furtherance to the steps for promoting the said Toilet Soap, the petitioner Company introduced a Scheme called 'Super Saver Offer' in a 'Multi- Piece Package' containing 3 pre-packed soaps of 75 gms each, with a total net weight of 225 gms. to be so id for a maximum retail price of Rs. 50/- instead of Rs. 58.50/- (inclusive of taxes): thus stating that there was a benefit of Rs. 8.50/- to the Consumer. It is said,, that the abov...

Anilkumar and ors. Vs. Sindhu and ors.

Court: Kerala

Reported in: 2009CriLJ3530; 2009(2)KLJ152

ORDERV. Ramkumar, J.1. In this Revision filed under Section 397 read with Section 401 Cr.P.C. The revision petitioners who are the counter petitioners in CMP. No. 206 of 2008 on the file of the Chief Judicial Magistrate's Court, Thiruvananthapuram, challenge the orders passed concurrently by the courts below overruling the petitioner's preliminary objection regarding the territorial jurisdiction of the Chief Judicial Magistrate to try (decide) the case. The interesting questions for judicial resolution are:i. Whether the Chief Judicial Magistrate's Court be said to be a judicial Magistrate of the first class within the meaning of Section 27 of the Protection of Women from Domestic Violence Act, 2005?ii. When once the local jurisdiction of the Chief Judicial Magistrate's Court or Judicial Magistrate of the first class has been defined by recourse to Section 14 Cr.P.C., is it permissible for any of those Magistrates to exercise judicial powers of inquiry or trial in respect of a cause of...

Umesan K. and ors. Vs. the Secretary, Ezhupunna South Co-op. Bank Ltd. ...

Court: Kerala

Reported in: 2009(2)KLJ262

Thottathil B. Radhakrishnan, J.1. The polling for the election to the committee of the second respondent co-operative society was held from 8 a.m. to 4 p.m. on 8.2.2009 in terms of Rule 35A of the Kerala Co-operative societies Rules, 1969, hereinafter referred to as the 'Rules', following Ext.P1 notification issued by the state co-operative Election Commission. In terms of the averments of the first respondent, the Secretary of that society, the election process, including the declaration of result was over by about 9 p.m. on that day. According to him, the President of the committee which was to demit office and respondents 3 and 6 to 8 requested the Secretary in writing, to convene a meeting of the newly elected managing committee at 11 a.m. on the next day, 9.2.2009, to assume charge. Ext.R1(a) is issued under the signature of those persons expressing their desire to enter on office at 11 a.m. on 9.2.2009 itself. According to the Secretary, he drew up the notices convening the meeti...

Shefiq Youseph Vs. State of Kerala

Court: Kerala

Reported in: 2009CriLJ3148; 2009(2)KLJ356

ORDERV.K. Mohan, J.1. Cri.A. No. 572 of 2009Admit. The Public Prosecutor takes notice. Cri. M.A. No. 3031 of 2003The Public Prosecutor takes notice.2. This is an application under Section 389(1) read with Section 357(2) of the Code of Criminal Procedure (for short 'the Cr.P.C.') filed along with the above appeal with a prayer to suspend the execution of sentence passed against the petitioner/appellant in S.C. No. 79 of 2007 on the file of the Additional District and Sessions Judge (Special), Kottayam dated 25.2.2009.3. When the above matter came up for consideration on 20.3.2009., Sri. V.G. Govindan Nair, the learned Public Prosecutor and the Director General of Prosecution sought time to file objection on the basis of the proviso to Section 389(1) of the Cr.P.C. and accordingly, the matter was adjourned and stood posted for consideration on 2.4.2009. In the mean while, they have filed their objection on 31st March, 2009. Thus, i have heard Mr. John. S. Ralph, learned Counsel appearing...

The Christian Educational Trust Vs. M.G. University and anr.

Court: Kerala

Reported in: 2009(2)KLJ468

P.R. Ramachandra Menon, J.1. This is the 3rd or 4th round of litigation being pursued by the petitioners in these cases to secure affiliation from the respondent University for starting a new college/course. The application was being turned down by the University due to some or other reason, which according to the petitioners, is only with malafide exercise of power. For convenience of reference to the sequence of events, W.P.(C) No. 30048 of 2008 is treated as the lead case.2. The petitioner in W.P.(C) 30048 of 2008 sought for the affiliation of the University to start a new college conducting B.Com with Computer Application and such other courses simultaneously submitting all the relevant testimonials in connection with the application. After considering the application dated 26.09.2005 with respect to the year 2006 and 2007, the University as per Exhibit P1 order dated 31.01.2007 informed the petitioner that the University has recommended the course to the AICTE and the Government o...