Kerala Court January 2010 Judgments

Suresh Nath and Another Vs. B.Thrivikraman and Another

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUDGMENT SHRI. M.K. ABDULLA SONA : MEMBER This appeal prefers from the order passed by the CDRF, Kottayam in the file of O.P.445/2003. The appellant is the 1st opposite party in the above said O.P. who prefers this appeal. In short the complainant is filed for directing the opposite parties to pay an amount of Rs.95,000 to the complainant in the account of loss and mental agony substantiate due to deficiency of service, negligence and unfair trade practice and other reliefs. The allegation to the complainant is that he is a Manager of the Canara Bank, Thrikkovilavattom Branch at Kollam up to July 2003. While so the complainant was transferred to Canara Bank, Phagwara Branch in Punjab State. In connection with the transporting of complainants articles, utencils and vehicle to Punjab, the complainant contacted the 1st opposite party. The 1st opposite party promised to transport the household utencils and articles and maruthi car belonging to the complainant to Phagwara safely and without...

Commissioner of Wealth Tax Vs. Palm Court Hotels (P) Ltd.

Court: Kerala

Reported in: 2010(2)KLJ955

C.N. Ramachandran Nair, J.1. The question raised in the connected Wealth Tax appeals filed by the Revenue against the very same assessee is whether the Tribunal was justified in confirming the order of the C.W.T. holding that sale consideration for acquisition of urban land credited in the account of the land owners who are members of the company for allotment of shares is debt owed to be deducted from value of the assets under Section 2(m) of the Wealth Tax Act, 1957 (for short 'the Act').2. We have heard Standing Counsel appearing for the appellant and Sri. Pathrose Mathai, Senior Counsel appearing for the respondent/assessee.3. The assessee/company was formed in the year 1995 to start a hotel business. One of the Directors agreed to sell an item of property to the respondent/company for a consideration of Rs. 66,99,106/-. The sale agreement was sent for approval before the appropriate authority constituted under the Income Tax Act, 1961 (for short 'the I.T. Act') which opted for pur...

P.P. Karthiyani and ors. Vs. M.i. Ibrahim Basheer,

Court: Kerala

R. Basant, J.1. The claimants are the appellants. They are the widow aged 42 years, four children aged 25 years, 23 years, 19 years and 16 years and the mother aged 79 years of the deceased person aged 48 years. He suffered injuries in a motor accident which took place on 1/12/01 and succumbed to those injuries later on the same date. He was employed as a Mazdoor in the Hindustan Organic Chemicals Ltd., as a permanent employee and was earning an income of Rs. 9,964/- per mensem as salary. The claimants claimed an amount of Rs. 12 lakhs as compensation. The Tribunal, by the impugned award, directed payment of only an amount of Rs. 5,40,500/- as compensation as per the details shown below:Transport to hospital - Rs. 1,000/-Funeral expenses - Rs. 2,000/-Loss of estate - Rs. 2,500/-Loss of consortium - Rs. 10,000/-Pain and sufferings - Rs. 5,000/-Loss of dependency5000 x 12 x 2 x 13 - Rs. 5,20,000/3------------------Total - Rs. 5,40,000/==============2. The appellants claim to be aggrieved...

Prakash Vs. State of Kerala

Court: Kerala

Reported in: 2010(1)KLT589

Antony Dominic, J.1. Issue raised being identical, these Writ Petitions were heard together and are disposed of by this common judgment.2. For convenience, I shall be referring to the facts pleaded in W.P.(C) No. 11499/09.3. The petitioner owns 40 cents of land in Sy. No. 1440 of Kadakampally Village of Thiruvananthapuram Taluk. Referring to letter dated 19.3.2008 from the Project Director of KSUDP, Ist respondent issued Ext.R1(a)order dated 24.4.2008, permitting acquisition of the lands mentioned therein for the purpose of establishing a waste treatment plant. In so far as it is relevant for these cases, the property in Sy. No. 1440 of Kadakampally Village is also included in Ext.R1(a)order. Subsequently, Ext.P1 Government order was issued on 30.10.2008 permitting acquisition of the properties mentioned therein invoking the urgency clause contained in Section 17 of the Land Acquisition Act (hereinafter referred to as 'the Act' for short). In this order, as against the property in Sy. ...

Elsy. P. Sebastian Vs. Sudhamony

Court: Kerala

Reported in: 2010(1)KLT680

K. Balakrishnan Nair, J.W.A. No. 1873 of 20091. The appellants were respondents 3 to 6 in the Writ Petition, The first respondent herein was the writ petitioner. The point that arises for decision in this case is the constitutional validity of the Special Rules for the Kerala Social Welfare Service, to the extent they concern the method of appointment to the post of Regional Probation Officer/Assistant Regional Director/Assistant Director of Social Welfare (Category No. 4).2. The brief facts of the case are the following: As per the Special Rules, the District Social Welfare Officer, Inspector, Special Nutrition Programme Grade I and District Probation Officer Grade I are the feeder categories for promotion to the post of Regional Probation Officer/Regional Assistant Director/Assistant Director of Social Welfare, The appellants were appointed to the post of District Probation Officer Grade I on 24.10.1998,4.3.1999,29.11.1999 and 29.11.1999 respectively. The first respondent/writ petiti...

The Commissioner, Kerala Fishermen’s Welfare Fund Board Vs. Amina ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellant/Kerala Fishermens Welfare Fund Board is the opposite party in CC:32/06 in the file of CDRF, Kozhikkode. The appellant is under orders to pay a sum of Rs.50,000/- to the complainant along with cost of Rs.2000/-. 2. The matter relates to the claim for treatment expenses of the deceased Moidu a fisherman who died on 24..7..2005 on account of chronic increstitial nephritis, chronic renal failure and fluid overload with pulmonary oedema. The complainants have claimed the medical expenses that amounted to more than Rs.2,00,000/-. 3. The contention of the opposite parties/appellant is that no document of reference by a Government doctor to the private hospital was produced as specified by the scheme, code No:10 under the Kerala Fishermens Welfare Fund Board. It was also pointed out that the amount is limited to Rs.50,000/- as per the scheme. 4. The evidence adduced consisted of Exts.A1 to A15 and B1. 5. It is seen from the documents produ...

Kerala State Road Transport Corpn. Vs. V. Ravi, Retired Driver From,

Court: Kerala

K. Balakrishnan Nair, J.1. The 1st respondent in the Writ Petition, the Kerala State Road Transport Corporation (hereinafter referred to as 'KSRTC') is the appellant. The 1st respondent herein was the writ petitioner.2. The brief facts of the case are the following: The 1st respondent had worked in the KSRTC as driver from 16.6.1981 to 14.10.1994. Thereafter, he was advised for appointment by the Public Service Commission as Driver in the Kerala State Electricity Board (hereinafter referred to as 'KSEB'). Therefore, he resigned from the KSRTC and joined the KSEB on 8.12.1994. He retired from service on 28.2.2005. The KSEB did not reckon his past service in the KSRTC for the purpose of grant of pensionary benefits. As per the relevant orders in force, if the KSRTC remits the pro-rata pensionary benefits for the service rendered by the 1st respondent in the KSRTC, the KSEB will count that service also for pensionary benefits. So, the 1st respondent moved the KSRTC for the said purpose. B...

Abdul Salam J. Head of Section (Retired) Vs. the State of Kerala,

Court: Kerala

K. Balakrishnan Nair, J.1. The appellant was the writ petitioner. He was working as Head of Section in a Polytechnic. His next promotion post is that of Principal. He was included in the Departmental Promotion Committee (for short 'DPC') list published by the Government as per Ext.P1 notification dated 14.6.1999, for appointment to the post of Principal during the year 1999-2000. Altogether 28 persons were included in the said select list and the appellant was rank No. 10 therein. Soon after the publication of the rank-list, this Court stayed the appointments from it. Finally, the stay was vacated on 9.2.2000. Immediately thereafter, by Ext.P2 order dated 22.2.2000, 21 persons were promoted to the post of Principal. But, in the meantime, the appellant attained the age of superannuation on 31.10.1999. Therefore, he became ineligible for promotion on the date on which promotions were ordered as per Ext.P2. The appellant submitted that the vacancies arose earlier and therefore, he should ...

Cromption Greaves Ltd. Vs. Navaneeth Hotels (P) Ltd.

Court: Kerala

Reported in: 2010(1)KLT763

S.S. Satheesachandran, J.1. The Writ Petition is filed seeking mainly the following reliefs:i. to call for the records leading to the issue of Ext.P3 and quash the same by issuance of a writ of certiorari or any other appropriate writ, order or direction.2. Petitioner is the defendant in O.S. No. 44 of 2008 on the file of the Additional Sub-Court, North Parur. The above suit is one for specific performance of an agreement of sale, and the respondent is the plaintiff. Petitioner/defendant challenged the jurisdiction of the court to entertain the suit on the ground that as per the terms of the agreement between the parties, it has been agreed that only the courts in Ernakulam have territorial jurisdiction to adjudicate the disputes between them. An interlocutory application moved by the petitioner canvassing the question of jurisdiction raising contentions as above, after hearing both sides, was turned down by the learned Sub Judge vide Ext.P3 order. Propriety and correctness of that ord...

G. Vasudhara, Reader Vs. Dr. Sallas Benjamin, Lecturer,

Court: Kerala

Reported in: 2010(1)KLT533

K. Balakrishnan Nair, J.1. The 3rd respondent in the Writ Petition is the appellant. The 1st respondent herein was the writ petitioner. The point that arises for decision in this appeal is whether the teaching experience of a Guest Lecturer could be taken as the teaching experience prescribed for appointment to the post of Reader in Life Science, as per the Regulations of the University.2. The brief facts of the case are the following: The 2nd respondent University invited applications for appointment to the post of Reader in Life Science by Ext.P7 notification dated 11.01.2005. Later, an addendum notification was published as per Ext.R3(1) on 31.01.2005, clarifying that the applicants should have specialisation in Biochemistry. The last date for receipt of applications was 28.02.2005. The selection committee conducted an interview of the candidates and prepared a select list. The appellant being rank No. 1, the selection committee recommended the appointment of the appellant to that p...