Kerala Court November 2010 Judgments
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R.Moni Vs. K.P.Vincent Paul
Court: Kerala
Decided on: Nov-19-2010
M. L. JOSEPH FRANCIS, J.Crl.R.P. No: 1163 of 2003Dated this the 19th day of November 2010O R D E R1. This Revision petition is filed by the accused in S.T. No. 34 of 1999 on the file of Judicial First Class Magistrate Court, Chittur challenging the conviction and sentence passed against him for the offence punishable under Section 138 of N.I. Act. The cheque amount was Rs.15,000/-. In the Trial Court, the accused was convicted and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.3,000/-, in default to undergo simple imprisonment for a further period of one month. The appeal against that conviction and sentence was dismissed. 2. I heard the learned counsel for the revision petitioner, learned counsel for the complainant and the public prosecutor. 3. The learned counsel appearing for the revision petitioner reiterated the same contention raised before the Trial Court and the appellate court. Learned counsel for the complainant supported the judgment of th...
Thomas Abraham, S/O. Abraham Vs. the Secretary and ors.
Court: Kerala
Decided on: Nov-19-2010
P.N. RAVINDRAN, J.W.P.(C) Nos.622 of 2007, 26393 & 30391 of 2010Dated this the 19th day of November, 2010J U D G M E N T1. Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. The petitioner in W.P.(C) No.622 of 2007 is a resident of Puthenvelikkara Grama Panchayat. He is aggrieved by the poultry farm being run by respondents 3 and 4 without obtaining the requisite licence from the local authority, viz., the Puthenvelikkara Grama Panchayat or the consent of the Kerala State Pollution Control Board. 3. The petitioner in W.P.(C) No.26393 of 2010 is the third respondent in W.P.(C) No.622 of 2007. The grievance voiced by the petitioner in W.P.(C) No.26393 of 2010 is that though he had applied for a licence to the local authority to run a poultry farm way back in April, 2010 and remitting the prescribed fee, till date, orders have not been passed on the said application. The petitioner alleges that without t...
H.Hassan, S/O.Harris Vs. the Corporation Bank and ors.
Court: Kerala
Decided on: Nov-19-2010
C.K.ABDUL REHIM, JW.P(C) No.26369 of 2010-UDated this the 19th day of November, 2010.J U D G M E N T1. Consequent to default committed by the petitioner in repaying a housing loan availed from the 1st respondent Bank, proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was initiated against the property, which was mortgaged to secure the loan transaction. Pursuant to sale notice issued under Ext.P3, auction sale of the property was conducted on 2.8.2010. The 3rd respondent is the successful bidder, who bid in auction the property for a sum of `34,42,000/-. It is stated that the 3rd respondent had remitted a sum of `8,60,625/-. 2. According to the petitioner, the property in question worth more than ` 50,00,000/- and if it is sold for the above said amount, it will cause severe prejudice and irreparable injuries. It is stated that the petitioner could locate a probable buyer, who had agreed to purchase...
M/S.Manappuram General Finance Vs. Ramakishnan K.M. Kannanchira House ...
Court: Kerala
Decided on: Nov-19-2010
M.L. JOSEPH FRANCIS, J.Crl.A. No. 962 of 2004Dated this the 19th day of November, 20101. This appeal is filed by the complainant in S.T. No. 9 of 1999 on the file of the Chief Judicial Magistrate Court, Thrissur against the order of acquittal of the accused under Section 255(1) Cr.P.C. dt. 16.7.2003. That was a case filed by the complainant against the first respondent herein for the offence punishable under Section 138 of the N.I. Act.2. Briefly the case of the complainant is as follows. The complainant leased out a Temp Trax vehicle to the accused on 28.4.1996. The accused had to pay Rs.12,216/- per month for 48 months as rentals. The accused committed default except for 7 months. When an amount of Rs.1,21,373/- became due and payable to the complainant, the complainant demanded the same and the accused came to the office of the complainant and issued a cheque for Rs.1,21,373/- dt.15.4.1998. On presentation, the cheque was dishonoured for insufficiency of funds and was returned to th...
Harshakumar S. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Nov-19-2010
K.T.SANKARAN, J.W.P.(C).No.33188 OF 2010Dated this the 19th day of November, 20101. While the petitioner was working as Junior Hindi teacher in S.N.M.U.P School, Muthukulam in Alappuzha, he was placed under suspension, as per Ext.P1 order dated 28.6.2010 for a period of 15 days. The matter was reported to the Assistant Educational Officer. The Assistant Educational Officer conducted a preliminary investigation into the grounds of suspension, as provided under sub rule 8 of Rule 67 of Chapter XIV A of the KER. After the preliminary investigation, the Assistant Educational Officer passed Ext.P2 order dated 8.7.2010 directing the Manager to reinstate the petitioner in service, after withdrawing the suspension. 2. Against Ext.P2 order, the Manager filed a revision before the Government. In that revision, the Manager also prayed for stay of the order passed by the District Educational Officer. As per Ext.P6 order dated 22.9.2010, the Government granted stay of the order passed by the Distri...
S.Anilkumar, Inspector of Police Vs. Director General of Police and or ...
Court: Kerala
Decided on: Nov-19-2010
T.R.RAMACHANDRAN NAIR,J.W.P.(C)No.23238 Of 2010DATED THIS THE 19th DAY OF NOVEMBER, 2010J U D G M E N T1. The Writ Petition is filed by the petitioner aggrieved by Exhibits P4 and P7 orders concerning non-consideration of his grievances against the transfer. 2. The petitioner is working as Inspector of Police (Telecommunication) and he was promoted as such by order dated 21.5.2009 and was posted in the Kozhikode City on 21.5.2009. The petitioner was transferred to Thiruvananthapuram as per Exhibit P1 order. This order was kept in abeyance by Exhibit P2 order and later a composite order for promotion and transfer was issued as per Exhibit P3, whereby the petitioner was transferred to Thiruvananthapuram Rural instead of Thiruvananthapuram City and he joined therein on 26.4.2010. The petitioner was later on transferred by Exhibit P4 order to Alappuzha to accommodate one Shri B.Mohanakumaran Nair, who was transferred to Thiruvananthapuram. He was relieved from duties on 6.5.2010. Alleging ...
Vazhayil Hashim Vs. Seevayi Abdul Salam
Court: Kerala
Decided on: Nov-19-2010
PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.RCR No.315 of 2007Dated this the 19th November, 2010ORDER1. The landlord is the revision petitioner and he challenges in this revision under Section-20, the judgment of the Rent Control Appellate Authority confirming the negative order passed by the Rent Control Court on the grounds under Section 11(3) and 11(2)(b) and reversing the order of eviction which happened to be passed by the Rent Control Court on the ground under Section 11(4)(v) dismissing the rent control petition. Various grounds have been raised assailing the judgment of the Appellate Authority. 2. We have gone through the order of the Rent Control Court and the judgment of the Rent Control Appellate Authority. We have considered the submissions made before us by Mr.Maniprasad, the learned counsel for the respondent/tenant. We have reminded ourselves of the limits of the jurisdiction of this Court under Section 20. We notice immediately that as far as the grounds of arrears of rent ...
K.K.Jayaram, Kollattu Veedu Vs. the State of Kerala
Court: Kerala
Decided on: Nov-19-2010
M.L. JOSEPH FRANCIS, J.Crl.A. No. 1965 of 2004Dated this the 22nd day of November, 20101. This appeal is filed by the complainant in C.C. No. 269 of 2001 on the file of Judicial First Class Magistrate Court - II, Cherthala against the judgment of acquittal dated 21.7.2004. The second respondent herein was the accused in that case, which was filed by the complainant alleging commission of the offence under Section 138 of N.I. Act. 2. The case of the complainant is briefly as follows. On 5.11.2000 the accused borrowed a sum of Rs.1,00,000/- from the complainant agreeing to repay the amount within one month and issued a cheque dated 4.10.2000 for Rs.1,00,000/- drawn on the Arthunkal Village Service Co-operative Bank Ltd. When the complainant presented that cheque for collection, it was dishonoured on 12.12.2000 for the reason "funds insufficient". On 23.12.2000 the complainant caused to issue a lawyer notice to the accused intimating the fact of dishonour of the cheque and demanding the a...
P.Leelavathy Antharjanam Vs. the State of Kerala and ors.
Court: Kerala
Decided on: Nov-19-2010
K.T.SANKARAN, J.W.P.(C).No.34161 OF 2010Dated this the 19th day of November, 20101. The petitioner, while working as HSA (Maths) in Devaswom Board High School, Thrikariyoor, was promoted and posted as Headmistress in Devaswom Board Higher Secondary School, Thiruvalla, as per Ext.P1 proceedings dated 30.3.2010, issued by the Manager. The petitioner was promoted and posted in the retirement vacancy of one Rajasekharan Pillai. It is stated that the petitioner joined duty as Headmistress on 31.3.2010. The Manager forwarded the proposal for approval of appointment of the petitioner and four others as Headmaster/ Headmistress. The District Educational Officer rejected the proposal for approval, as per Ext.P3 order dated 16.9.2010. The promotion and posting of the petitioner was not approved on the following grounds: "1. Approved seniority list of HSA's under the educational agency hasn't produced by the Manager. 2. The authority of declaration filed by the Manager is not admissible since the...
Lakshmi Sukumar Vs. the Manager and Others
Court: Kerala
Decided on: Nov-19-2010
T.R.RAMACHANDRAN NAIR,J.W.P.(C)Nos.30579, 32052 & 32535 Of 2009DATED THIS THE 19th DAY OF NOVEMBER, 2010J U D G M E N T1. These three Writ Petitions concern a common issue. Therefore, they are disposed of by a common judgment.2. The petitioners herein have been appointed by the St.Thomas College, Kozhencherry as Lecturers in the English Department. The main relief sought for in the Writ Petitions is for a direction to the 3rd respondent to issue concurrence to the appointment of the petitioners and to release the salary from the date of appointment. 3. The appointments were made after a due process of selection. The interview was conducted on 13.12.2007. The petitioner in W.P.(C)No.30579/2009 is named first in the rank list. The petitioner in W.P.(C)No.32052/09 stood as rank No.2 and the petitioner in W.P.(C)No.32535/09 is the 3rd rank holder. The petitioners in W.P.(C)No.30529/09 and 32052/2009 were appointed on 15.12.2007 and the petitioner in W.P.(C)No.32535/09 was appointed on 29.1...
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