Kerala Court December 2010 Judgments
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Rosamma Joseph, and ors. Vs. State of Kerala, and anr.
Court: Kerala
Decided on: Dec-06-2010
1. in this review petition, the petitioners who are appellants in M.F.A.No.197/2007 seek to review the judgment dated 23.11.2007 in the appeal. Along with the appeal, the petitioners had filed C.M.Appl. No.2227/2007 to condone the delay of 31 years, 2 months and 26 days in filing the appeal. It was dismissed by the Division Bench after finding that sufficient grounds have not made out to condone the delay. 2. The petitioners are the wife and children of late Shri Joseph who was an applicant in O.A.No.348/1974 before the Forest Tribunal, Palakkad seeking exemption from the Kerala Private Forest (Vesting & Assignment) Act, 1971 in respect of 2 acres of land. The application was rejected by the Tribunal on 27.3.1976 for want of documentary evidence to prove his claim. He did not challenge the same by filing an appeal, and died on 23.3.1990. 3. In the review petition, the petitioners are relying upon certain documents to show that the same will support the claim. It is averred in the revie...
Sasi P.K, and ors. Vs. State of Kerala, and ors.
Court: Kerala
Decided on: Dec-06-2010
1. An extent of 1042.72 acres of vested forest land was transferred to the Tribal Collective Farm Society at Pookkode in Wayanad District. From the records it would appear that subsequently the Society became dis-functional and the land which was allotted to the Society was distributed to different organizations. 2. Pursuant a meeting of the Minister for Agriculture and the Minister for Welfare of Backward and Scheduled Communities held on 10.9.1997, 100 Acres of such land was decided to be transferred to the Kerala Agricultural University for starting a Veterinary College. The transfer was subject to two conditions. The first one was that the appointment of farm labourers in the farm attached to the college will be made from the members of the families settled in Pookkode Dairy Project. The second condition was that while making appointment to the posts in the college, the qualified persons of these families settled in the project area will be given priority. Based on the above decisi...
P.i.Nazar. Vs. the District Collector, and ors.
Court: Kerala
Decided on: Dec-06-2010
1. The issue pertains to assessment under Section 5A of the Kerala Building Tax Act 1975 (KBT Act). The petitioner constructed a residential building in the year 2002. Building tax under Section 5 was assessed reckoning plinth area of the building as 315.5 Sq.M. On that basis the petitioner was required to pay luxury tax under Section 5A of the Act. 2. According to the petitioner, the plinth area reckoned for the purpose of assessment is not correct and the area occupied by the car porch is liable to be exempted under the proviso to Section 5(5) of the Act. Ext.P2 is the order of assessment finalised against the petitioner imposing tax under Section 5. The petitioner had challenged the assessment in appeal and further in revision, which were unsuccessful. Ultimately the petitioner had approached this Court in W.P(C) No.3192/2010. This Court found that eventhough the assessment of building tax became final, the assessee is entitled to challenge the assessment under Section 5A, since the...
K.K.Vijayan. Vs. the Labour Commissioner,housing Board, and ors.
Court: Kerala
Decided on: Dec-06-2010
1. The petitioner was a plantation worker in the Ponmudi Estate. He retired from its service on 31.12.2008. In terms of the provisions under Rule 63 (1)(ii) of the Kerala Plantation Labour Rules, 1959 (for short 'the Rules') an allottee of the estate quarters can retain the same for a period of one month on his retirement. On 9.1.2009 the petitioner was served with a notice requiring him to hand over the vacant possession of the layam/estate quarters No.101 situated in Survey No.2992/1 of Thennur Village which was alloted to him. Despite the receipt of the notice and the period in terms Rule 63, he continued to occupy the same. Thereupon, the second respondent submitted a petition before the 3rd respondent in terms of the provisions under Rule 63 (2) of the rules. Ext.P3 order was passed thereon directing the petitioner to hand over the vacant position of the building within 30 days from the date of receipt of the order. Feeling aggrieved by the same the petitioner preferred an appeal ...
M/S. A.V.Thomas and Company. Vs.
Court: Kerala
Decided on: Dec-03-2010
1. This appeal is filed by the complainant in C.C. No. 824 of 2000 on the file of Judicial First Class Magistrate Court, Ramankary against the judgment of acquittal of the accused dated 27.3.2003. The first respondent herein was the accused in that case, which was filed by the complainant alleging the commission of an offence under Sec. 138 of N.I. Act. 2. The case of the complainant is briefly as follows. The accused purchased pesticides from the complainant company for a sum of Rs.78,247.20 and to discharge that debt, the accused issued a signed cheque dated 18.12.1998 of Udumbanchola Service Co-operative Bank Ltd. When that cheque was presented for encashment, it was dishonoured due to insufficiency of funds in the account of the accused. The complainant company sent a lawyer notice to the accused intimating the dishonour of the cheque and demanding the money, which was received by the accused. But he did not pay any amount. Hence the complaint was filed by the complainant company ...
Praveen Kumar. Vs. Sub Inspector of Police, and anr.
Court: Kerala
Decided on: Dec-03-2010
1. Petitioner was third accused in C.C.526/2001 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode. As petitioner along with the second accused was absconding, the case against them was split up and refiled as C.C.87/2005. First accusd was tried. By Annexure-III judgment, he was acquitted for the offence under Section 482 of Indian Penal Code. Prosecution case is that on 15/5/1999 first accused, with the intention to evade payment of tax, went to the workshop to change chasis number of Maruti car KL-01.H.1267 and on getting information, Sub Inspector of Police proceeded to the workshop. By that time the vehicle was taken away. On search, it was found parked on the side of the road at West Hill Chunkam. On search of the car photocopy of the registration certificate of another vehicle was found inside the car. Alleging that first accused committed the offence in furtherance of their common intention with accused 2 and 3, an offence under Section 482 of Indian Penal Code...
N.P.Satheesh. Vs. Kerala Water Authority, and ors.
Court: Kerala
Decided on: Dec-03-2010
1. Aggrieved by the repeated orders of transfer, the petitioner has filed this writ petition. The petitioner entered service as Peon on 05/04/1988. On promotion as Meter Reader, he was posted at P.H.Sub Division, Piravom in Ernakulam District and was continuing there for last more than 11 years. The petitioner had been representing the second respondent to post him in the native district, namely, Kannur and, ultimately, when a retirement vacancy arose in P.H Sub Division, Thalassery, he made a representation pointing out the same. Ext.P1 is the copy of the said representation. It is the case of the petitioner that he has a family consisting of aged mother, wife and two children. It is also averred that the 82 year old mother is suffering from cardiac problems. Finally, his prayers were answered and, when general transfer was effected, he was transferred to P.H Sub Division, Thalassery in the retirement vacancy. Thereafter, he got relieved from Piravom which is evidenced from Ext.P3 and...
T.K.Sadanandan. Vs. Ramakrishnan.T.K.
Court: Kerala
Decided on: Dec-03-2010
1. This appeal is filed by the complainant in C.C. No. 169 of 2000 on the file of the Judicial First Class Magistrate Court -V, Kozhikode against the order of acquittal of the first respondent herein under Section 256(1) Cr.P.C. dt.7.11.2002. That was a case filed by the complainant against the first respondent herein alleging commission of the offence punishable under Section 138 of the N.I. Act, involving a cheque for Rs.75,000/- On 7.11.2002, the learned Magistrate acquitted the accused under Section 256(1) Cr.P.C. due to the absence of the complainant and his counsel. 2. Heard learned counsel for the appellant and the learned Public Prosecutor. 3. The learned counsel for the appellant/complainant submitted that on 29.11.2001 the complainant was present and non-bailable warrant was issued against the accused. Steps under Section 82 and 83 Cr.P.C. was ordered and the case was posted to 23.3.20002. On 23.3.2002, the complainant was present and steps under Sections 82 and 83 were effec...
Stephen, and anr. Vs. State of Kerala, and anr.
Court: Kerala
Decided on: Dec-03-2010
1. Petitioners, who are accused Nos.1 and 2 in Crime No. 421/2010 of Kanjiramkulam Police Station for offences punishable under Sections 323, 324, 326 and 34 I.P.C., seek 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 petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on 13.12.2010 or on 14.12.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioners shall be produced before the Magistrate concerned who on being convinced that the petitioners have been interrogated by the police, shall release the petitioners on bail on each of the petitioners executing a bond for Rs.15,000/-...
Aksh Optifibre Limited. Vs. Bharat Sanchar Nigam Ltd, and ors.
Court: Kerala
Decided on: Dec-03-2010
1. Aggrieved by a judgment dated 4th June, 2009 in W.P. (C) No.32919 of 2003, the unsuccessful petitioner therein preferred the instant writ appeal. 2. The appellant is a manufacturer of optic fibre cables and accessories. The first respondent issued a tender notification dated 1.8.2002 inviting tenders for supply of certain material. The appellant responded to the tender notification and in compliance with the condition of the tender notification the appellant furnished a bank guarantee for an amount of `316026/- secured from the third respondent Bank. The appellant became the successful bidder with reference to some of the items quoted by him. The first respondent issued a communication dated 15.11.2002 informing that the appellant is the successful bidder and calling upon him to supply the various items specified in the said communication and comply with the various conditions specified therein. At that stage the appellant informed the first respondent that he is not willing to supp...
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