Kerala Court December 2010 Judgments
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Girishkumar. Vs. the Regional Transport Authority.
Court: Kerala
Decided on: Dec-20-2010
Reported in: ILR2010(4)Ker971
1. The petitioner who is the registered owner of motor vehicle bearing registration no. KL-03-J-2372 filed this writ petition alleging inaction on the part of respondents 1 and 2 in considering Ext.P7 application. According to the petitioner, Ext.P7 application has been submitted on 23.9.2010 with a request to transfer the ownership of the vehicle. The contention is that respondents 1 and 2 are not taking up the said application for consideration and insisting for production of No Objection Certificate from the financier. 2. I have heard the learned counsel appearing for the petitioner, learned counsel for the third respondent, the financier, and also the learned Government Pleader. 3. The learned Government Pleader, upon instructions, submitted that Ext.P7 cannot be construed as an application submitted in terms of the provisions under the Motor Vehicles Act. In case the petitioner is desirous to get the permit transferred in favour of the fourth respondent the petitioner and the four...
Sarun P.Joy. Vs. State of KeralA.
Court: Kerala
Decided on: Dec-20-2010
Reported in: ILR2010(4)Ker143
1. Petitioners, who are accused Nos.1 to 3 in Crime No.1123/2010 of Kunnikode Police Station for offences punishable under Sections 498(A), 323, 324, 506(i) and 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. After evaluating the factors and parameters which are to be taken into consideration in the light of paragraph 122 of the verdict dated 2-12-2010 of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (Crl.Appeal No. 2271 of 2010), I am of the view that anticipatory bail cannot be granted in a case of this nature, since the investigating officer has not had the advantage of interrogating the petitioners. 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 allowed by the Magistrate or the Court having jurisdiction. Accordingly, the petitioners shall surrender before the inve...
Sandeep George Simon. Vs. Mahatma Gandhi University.
Court: Kerala
Decided on: Dec-20-2010
Reported in: ILR2010(4)Ker467
1. Petitioners are B.Pharm students in colleges affiliated to the first respondent University. They approached this Court for a direction to the University to permit the petitioners to appear for the 3rd year B.Pharm examinations. Pursuant to the interim orders passed, the petitioners have appeared for the examinations. Therefore, at this stage, what is required is the University should publish the results. This, the University shall do, as expeditiously as possible, provided the petitioners satisfy the requirements of Ext.P2 Regulations issued by the University on 29-11-2008....
Mrs.Celine George. Vs. State of Kerala Representeld.
Court: Kerala
Decided on: Dec-20-2010
Reported in: ILR2010(4)Ker467
1. The petitioner retired from service of the respondent as Assistant Editor Grade-II with effect from 31.12.2008. Petitioner's grievance is that, the petitioner is not being paid retirement benefits like pension, gratuity, commuted value of pension, etc. The petitioner therefore seeks the following reliefs: "i) Issue a writ of Mandamus directing the respondents to consider and pass appropriate orders granting full pension to the petitioner, Commuted pension, Gratuity. ii) Direct the 1st respondent to ratify the deputation period of the petitioner in the Cochin University forthwith. iii) Direct the 2nd respondent to grant increments for the period when she had availed with permission, medical leave, and refix the salary and pensionery benefits. iv) Direct the respondents to grant the arrears of pensionery benefits as Item (ii) above with in a time frame. v) Direct the respondents to grant 18% interest on the above amount." 2. I have heard the learned Government Pleader, standing counse...
George Cherian. Vs. the Regional Transport Authority.
Court: Kerala
Decided on: Dec-20-2010
Reported in: ILR2010(4)Ker467
1. The petitioners who are stage carriage operators operating on the route Kottayam - Ambayithode, with stage carriages bearing registration Nos. KL-5/AA 8474 and KL 5/T 3699, filed this writ petition on being aggrieved by the inaction on the part of the respondents in considering their requests for renewal of permits based on their applications and also non-consideration of their requests for conversion of the concerned services as `Super Express Service''. According to the petitioners, the route length concerned is in excess of 140 Kms. Therefore, in terms of amendment to Rule 2 as Rule 2(ub) the petitioners have submitted Ext.P1 application requesting for conversion of their services as `Super Express Service', as well. However, the said application submitted by the petitioners is still pending consideration before the first respondent. In the said circumstances, without making any observation as to the merits of the contentions raised by the petitioners this writ petition is dispos...
Pappachan. Vs. the Circle Insepctor of Police.
Court: Kerala
Decided on: Dec-20-2010
Reported in: ILR2010(4)Ker467
1. Petitioner is the registered owner of a lorry bearing registration No.KL-03P-8428. Proceedings were initiated under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 resulting in Ext.P2 order of the District Collector. According to the petitioner, in pursuance to Ext.P2, the value of the vehicle as ordered was deposited. It is stated that in spite of the above, vehicle was not released and that now he has been issued Ext.P6 notice from the office of the third respondent, requiring him to appear for another hearing on the same issue. It is therefore he has approached this Court, challenging Ext.P6 and seeking a direction to the respondents to release the vehicle. 2. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, reason for issuing Ext.P6 is that Ext.P2 order was issued by the District Collector on 28-06-2010. It is submitted that it was without taking note of the fact that t...
Raju Dominic.K.A. Vs. the Regional Manager.
Court: Kerala
Decided on: Dec-20-2010
Reported in: ILR2010(4)Ker729
1. The petitioner retired from the service of the respondent-bank on 31.5.2010 as Assistant Manager. On 28.5.2010, the petitioner was served with a memo of charges. The petitioner submitted his explanation and enquiry proceedings were over, but no decision has been taken by the respondents pursuant to the charge memo. The petitioner has a further complaint that the petitioner has not been paid his retirement benefits on the ground that disciplinary proceedings are pending. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: "i. Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to disburse the retirement benefits due to the petitioner and his monthly pension without further delay. ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to finalise the disciplinary proceedings initiated as per Ext. P1 within a time limit to be fixed by thi...
A.Abdul Rahiman. Vs. State of KeralA.
Court: Kerala
Decided on: Dec-20-2010
Reported in: ILR2010(4)Ker729
1. The petitioner, a Deputy General Manager at the Air Cargo Terminal of the 2nd respondent company, is aggrieved by denial of annual increment. Seeking this relief, the petitioner has already filed Ext.P2 representation. The petitioner seeks the following reliefs; "(i) issue a writ of certiorari or any other appropriate writ, direction or order and quash Ext.P1 order issued by the 2nd respondent company; (ii) Issue a writ of certiorari or any other appropriate writ, direction or order and quash Ext.P7 notification issued by the 5th respondent; (iii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to forthwith transfer the petitioner back to the Human Resources Department of the 2nd respondent company; (iv) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to promote the petitioner to the post of General Manager (HR) against the available vacancy; (v) issue a writ of mandamus...
The Manager. Vs. the Deputy Director of Education.
Court: Kerala
Decided on: Dec-20-2010
Reported in: ILR2010(4)Ker729
1. Learned counsel for the petitioner seeks permission to withdraw this writ petition. Permission is granted and the writ petition is dismissed as withdrawn....
George Varghese. Vs. M/S. Hongkong and Shangai.
Court: Kerala
Decided on: Dec-17-2010
Reported in: ILR2010(4)Ker467
1. In this Revision Petition filed under Section 397 read with Sec. 401 Cr.P.C. the petitioner who was the accused in S.T. No. 197 of 2007 on the file of the J.F.C.M. V, Thiruvananthapuram, challenges the conviction entered and the sentence passed against him for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). The cheque amount was ` 42,195/-. The fine/compensation ordered by the lower appellate court is ` 42,195/-. 2. I heard the learned counsel for the Revision Petitioner and the learned Public Prosecutor. 3. The learned counsel appearing for the Revision Petitioner re-iterated the contentions in support of the Revision. 4. The courts below have concurrently held that the cheque in question was drawn by the petitioner in favour of the complainant, that the complainant had validly complied with clauses (a) and (b) of the proviso to Section 138 of the Act, and that the Revision Petitioner/accused failed to make the pa...
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