Kerala Court October 2010 Judgments

Naser,s/O.Hamzakoya,chukante Purakkal Vs. Jijesh,s/O.Davadas,elambalak ...

Court: Kerala

O R D E R M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1759 OF 2010 ............................................. Dated this the 26th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal,Tirur in OP(MV)No.416/2008. The claimant, a pillion rider in a vehicle bearing Reg.No.KL-10X-7864, sustained injuries when hit with another vehicle KL-55-6567. The driver, owner and the insurance company of the opposite vehicle are made parties. The Tribunal found contributory negligence of 50%, assessed the compensation at Rs.31,051/= and awarded a sum of Rs.15,525/=. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant and the insurance company. The learned counsel for the appellant would submit that finding of contributory negligence as well as quantum is not satisfactory and it requires interference. 3. Let me first consider about the negligence aspect. It i...

Chandru,s/O.Krishnan and ors. Vs. State of Kerala

Court: Kerala

O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6670 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER 1. In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.1, 6 & 5 in Crime No.579 of 2010 of Kollam West Police Station for offences punishable under Sections 454, 461, 380, 411 & 34 I.P.C., seek their enlargement on bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties (each of whom shall furnish solvency certif...

K.P.Manoj,s/O.Late Thulasidas Vs. the Kerala State Road Transport

Court: Kerala

O R D E R P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.32565 of 2010 ------------------------------- Dated this the 26th day of October, 2010 J U D G M E N T The petitioner, a Guard, in the service of the Kerala State Road Transport Corporation (hereinafter referred to as the `KSRTC' for short) was found to be drunk while on duty on 21.8.2010. He was subjected to breathalyser test and it was after such test that he was found to be drunk while on duty. By order dated 6.9.2010, the Executive Director (Vigilance) of the Corporation placed him along with two others, who were also guilty of being drunk while on duty, under suspension. Thereafter, Ext.P3 memo of charges dated 27.9.2010 accompanied by a statement of allegations of misconduct was served on him. The petitioner thereafter submitted Ext.P4 reply. While so, the Executive Director (Administration) of the Corporation reinstated the petitioner in service by order dated 7.10.2010. But he was directed to be posted at T...

Shamseer Vs. State of Kerala

Court: Kerala

O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6796 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioner, who is the sole accused in Crime No.366 of 2010 of Koduvally Police Station for an offence punishable under Section 376 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 02/09/2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offence, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 02/11/2010 on his executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each f...

Premalatha Patni,w/O.Patni Vs. K.S.Chandrasekhara Kammath

Court: Kerala

O R D E R PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ----------------------------------- O.P.(R.C) No.454 OF 2010 ----------------------------------- Dated this the 26th day of October, 2010 J U D G M E N T ~~~~~~~~~~~~ Under challenge in this Original Petition submitted under Article 227 of the Constitution of India is Ext.P3 order passed by the Principal Munsiff of Ernakulam in execution of an order of eviction passed in R.C.P.No.156/2003 by the Rent Control Court, Ernakulam. Eventhough apparently attractive grounds have been raised and Mr.Jaiji Itten, the learned counsel for the petitioner addressed us on the basis of the grounds, we are of the view that in view of the proviso to Section 14 of Act 2 of 1965 the petitioner's remedy lies before the District Court and not before this Court. We dispose of the O.P. relegating the petitioner to that remedy. 2. In view of the above order, we direct the Principal Munsiff, Ernakulam, to keep in abeyance all proceedings for delivery in E.P.No.11...

G.Rajeev Vs. State of Kerala

Court: Kerala

1. Petitioner, who is the 2nd accused in Crime No.842/2010 of Karunagappally Police Station for offences punishable under Sections 420 and 468 read with 34 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application.3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 11.11.2010 or on 12.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioner shall be produced before the Magistrate concerned who on being convinced that the petitioner has been interrogated by the police, shall release the petitioner on bail on the petitioner executing a bond for `15,000/- (Rupees fifteen thou...

Ummer, S/O.Seethi Vs. State of Kerala

Court: Kerala

O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6634 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioner, who is the 5th accused in O.R.No.24/2010 of Forest Range Office, Kasaragod for offences punishable under Sections 2,9,39 and 50 of the Wild Life Protection Act, 1972 and Section 27(1)(e)(vi) of the Kerala Forest Act,1961, seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 11.11.2010 or on 12.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produ...

Vinod Vs. Kadeeja Umma and ors.

Court: Kerala

O R D E R M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1407 OF 2010 ............................................. Dated this the 26th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thrissur in . A claim petition was filed by the legal representatives of one Sulaiman who died in a road accident on 7.9.2001. The Tribunal awarded the legal representatives a compensation of Rs.77,000/= and directed the third respondent insurance company to pay the amount and get it reimbursed from the owner. Reimbursement was ordered on the ground that there was no proof regarding valid permit to ply the vehicle. 2. The learned counsel for the appellant had made available before me a copy of the permit which would indicate that there was valid permit for the vehicle from 6.11.2000 to 5.11.2005. The accident had taken place on 7.9.2001. If really the permit is correct, then one cannot hold that the vehicle was plying w...

National Insurance Company Ltd. and Another Vs. M.P.Ahemmedkutty

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI.S.CHANDRAMOHAN NAIR,MEMEBR The order dated 22.7.08 in CC.74/06 of CDRF, Malappuram is being assailed in this appeal by the opposite parties who are under instructions to pay to the complainant a sum of Rs.10,000/- as compensation and cost of Rs.1000/- within one month from the date of receipt of copy of the order. 2. The case of the complainant before the forum below was that he had purchased a bus bearing Registration No.KL 10P-7177 for earning his livelihood and that the vehicle was having a package policy, which expired on 15.11.06. His grievance is that though he had approached the second opposite party to renew the policy, the second opposite party refused to do the same and directed him to approach the first opposite party. It is the further case of the complainant that though he had approached the first opposite party also, the policy was refused and the opposite parties behaved in a rude manner and that he had to take a new policy by which act he lost the no claim bonus amo...

Ashruff. Vs. State of KeralA.

Court: Kerala

Reported in: ILR2010(4)Ker664

1. These are applications for regular bail filed by 9 among the 25 accused persons who are in custody in Crime No. 704 of 2010 of Muvattupuzha Police Station for offences punishable under Sections 143, 147, 148, 120 B, 323, 324, 326, 441, 427, 506 (ii), 307, 153 A, 201, 212 read with Sec. 149 I.P.C. and Sec. 3 of the Explosive Substances Act, 1908 and Sections 15, 16, 18, 18 B , 19 and 20 of the Unlawful Activities (Prevention) Act, 1967. 2. B.A. 5134 of 2010 is filed by A2 who was arrested on 4-7-2010. B.A. No. 5795 of 2010 is filed by A15 and A16 who were arrested on 23-7-2010 and 24-7-2010 respectively. B.A. 5824 of 2010 is filed by A7 who was arrested on 9-7-2010. B.A. 5940 of 2010 is filed by A43 and A48 who were arrested on 7-8-2010. B.A. 5950 of 2010 is filed by A19 who was arrested on 25-7-2010. B.A. 6017 of 2010 is filed by A47 who was arrested on 7-8-2010. B.A. 6186/2010 is filed by A1 who was arrested on 4-7-2010. As on today (i.e. 26-10-2010), A1 and A2 have completed 114 d...