Kerala Court June 2010 Judgments

Soudha Prabha Vs. the Special Tahsildar, (La)

Court: Kerala

Pius C. Kuriakose, J.1. LAA. No. 34 of 2010 is preferred by the claimant and LAA. No. 442 of 2010 is preferred by the Government. The property under acquisition was in Chevayoor Village. The acquisition was pursuant to Section 4(1) notification published on 9-12-1993. The Land Acquisition Officer awarded land value at the rate of Rs. 7480/- per cent corresponding to Rs. 18475/- per Are. The Reference Court on evaluating the evidence which came on record would re- fix the value at Rs. 35,000/- per cent. In LAA. No. 34 of 2010 various grounds are raised by the claimant wherein she contends that the enhancement granted by the Reference Court is grossly inadequate. The Government per contra in their appeal LAA. No. 442 of 2010 contend that the enhancement granted by the Reference Court is excessive.2. Sri. V.B. Unniraj, learned Counsel for the appellant claimant and Smt. R. Bindu, learned Govt. Pleader have raised arguments on the basis of the grounds raised in the respective memoranda of ...

Jacob P. Abraham, Hsa (Hindi) and Ramesh G, Ft Menial Vs. State of Ker ...

Court: Kerala

K.T. Sankaran, J.1. The first petitioner was appointed as High School Assistant (Hindi) in High School, Arkannoor, Kottarakkara. He joined duty on 30.6.2005. The second petitioner was appointed as Full Time Menial in the same school and he joined duty on 18.7.2005.2. As per Exts.P1 and P2 proceedings, the District Educational Officer rejected the proposal for approval of the appointments of the petitioners on the ground that the Manager did not appoint a protected teacher in the School as per G.O.(P) No. 178/02/G.Edn., dated 28.6.2002. The Deputy Director of Education, Kollam confirmed the order passed by the District Educational Officer, as per Exts.P3 and P4 orders dated 27.4.2006 and 6.11.2006. On revision, the Director of Public Instructions, as per Ext.P5 order dated 24.11.2007, upheld the orders passed by the authorities below. The matter was taken up before Government by the Manager as well as by the petitioners. The Government disposed of the matter as per Ext.P8 order dated 16...

The Kerala State Electricity Board, Vydhuthi Bhavan, Pattom, Thiruvana ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI.S. CHANDRA MOHAN NAIR, MEMBER The CDRF, Kottayam by its order dated 22-01-2009 in CC No. 93/2007 has directed the opposite parties to give reconnection to the electric supply of the petitioners building No. 561 of Athirampuzha Grama Panchayath and to pay Rs. 10,000/- as compensation along with costs of Rs. 1,000/-. It is aggrieved by the said directions that the present appeal is filed by the opposite parties calling for the interference of this Commission as to the sustainability of the order passed by the Forum below. 2. The complainant has approached the Forum stating that he is a consumer of the opposite parties with Consumer No. 1390 and that on 24-11-2006 he found that the electric meter fitted in the building No. 561 turned upside down and there was no electricity in the building. On lodging a complaint the Junior Engineer of the opposite party visited the premises and rectified the complaint. At that time it was found that there was a gap of nearly one inch between the upp...

Asst. Engineer, Water Works Section No.1 Kerala Water Authority, Thris ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU, PRESIDENT The appellants are the opposite parties/Kerala Water Authority in OP.114/05 in the file of CDRF, Thrissur. The bill issued stands cancelled. The appellants are under orders to pay a compensation of Rs.3000/- and cost of Rs.1500/-. 2. There is no representation for the respondent/complainant before this Commission. 3. The case of the complainant is that he has been served with an arrear bill for a sum of Rs.8010/- for a period from 3/92 to 1/03 and further the readings and other particulars are not shown in the bill. The opposite parties had contended that the amounts are due as the complainant has consumed water to that extent. 4. The evidence adduced consisted of Exts.P1 to P5. 5. The Forum has noted that as per Regulation 13 of the Kerala Water Authority (Water Supply) Regulations 1991 the appellants are bound to take readings in every 6 months and revise the PIC. The impugned bill is for a period of about 12 years. Evidently there is deficie...

K.G. Gafoor Vs. the Proprietor, M/S United Gas Agency, Near Sree Gujar ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI. M.V. VISWANATHAN JUDICIAL MEMBER The appellant was the complainant and respondents 1 to 3 were the opposite parties 1 to 3 respectively in OP.282/04 on the file of CDRF, Ernakulam. The complaint therein was filed alleging deficiency in service on the part of the opposite parties in rendering service to the complainant being consumer of LP cooking gas. It was alleged that the complainant suffered damage in the gas explosion which occurred due to leakage of gas from the cylinder and the said gas explosion occurred due to the deficiency in service on the part of the opposite parties 1 and 2 in maintaining the gas installation at the premises of the complainant and also in supplying defective cylinder LP gas to the complainant. The third opposite party being the insurer of the first opposite party Gas Agency failed to pay compensation to the complainant. Thus, the complainant claimed a sum of Rs.3 lakhs by way of compensation. 2. The opposite parties entered appearance and filed sepa...

M/S Sajsun Industries, Rep. by Proprietrix Mrs. Ansa, Thrissur and Ano ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI.S. CHANDRA MOHAN NAIR : MEMBER This appeal is preferred against the order dated 31-01-2007 of CDRF, Thrissur in OP No. 527/02 wherein and whereby the opposite parties are under directions to take back the Incubator Setter and the Hatcher Automatic machines and pay Rs. 1,00,000/- towards the price of the machines to the complainant with interest at 12% per annum from 18-01-2001 till realization with compensation of Rs. 50,000/- and costs of Rs. 2,000/-. The opposite parties are aggrieved by the said directions and hence the present appeal. 2. The complainant has approached the Forum stating that he has purchased one incubator setter automatic worth Rs. 58,000 and a hatcher automatic worth Rs. 42,000/- from the opposite parties and that the same was purchased for self-employment by availing a loan from Catholic Syrian Bank. The amounts were paid on 05-08-2000 and 18-01-2001 respectively and that the complainant has alleged that the machines became defective from the initial stage it...

Life Insurance Corporation of India, Rep. by Its Manager and Another V ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI.M.V.VISWANATHAN: JUDICIAL MEMBER The appellants were the opposite parties and respondent was the complainant in CC.83/08 on the file of CDRF, Wayanad, Kalpetta. The complaint therein was filed alleging deficiency in service on the part of the opposite parties in repudiating the insurance claim with respect to the life policy No.794379673 in the name of the life assured late Sri.C.Gopalan Nair. The opposite parties entered appearance and filed written version denying the alleged deficiency in service. They contended that the insurance claim was repudiated by the opposite party LIC of India on valid ground of suppression of material facts. It was contended that the proposor (life assured C.Gopalan Nair) failed to disclose the material facts regarding his health condition while submitting the proposal for the said policy and thereby the opposite parties justified their action in repudiating the insurance claim. 2. Before the Forum below the complainant was examined as PW1 and Dr.Suba...

National Bank for Agriculture and Rural Development. Vs. the State of ...

Court: Kerala

1. Jayanandan Singh, J. Heard learned senior counsel for the petitioner and learned counsel for the State.2. Petitioner-Bank, which is a body corporate established under Section 3 of the National Bank for Agriculture and Rural Development Act, 1981, has filed this writ application for a direction to the respondents to grant remission in paying stamp duty and ad valorem registration charges on the sale deed executed in its favour by M/s Jagat Sahakari Grih Nirman Samiti Limited (hereinafter referred to as "the Society"), a Co-operative Housing Society, registered under the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as the "Act").3. Case of the petitioner is that petitioner-Bank was admitted as an associate member of the said Society by its resolution dated 30.10.1990. By dint of an associate member, it was entitled to all the rights and privileges of a member of the Society. Subsequently, the Society by a resolution decided to transfer some of its property to the pe...

Aboobacker M. Vs. State of KeralA.

Court: Kerala

Reported in: ILR2010(4)Ker896

1. This petition is for anticipatory bail. 2. The alleged offence is under Section 498A read with Section 34 of the Indian Penal Code. According to prosecution, petitioners (accused nos.1 and 2), who are husband and mother- in-law of defacto complainant physically and mentally tortured her and committed the offences, demanding more dowry. 3. Learned counsel for petitioners submitted that first accused had a stroke and one side of his body is paralysed. The second accused is the mother-in-law, against whom, there are no serious allegations. 4. Learned Public Prosecutor also conceded that as against second accused, no serious allegations are made, but the main allegations are made against first accused. 5. On hearing both sides and considering the submissions made in respect of second accused, I find that anticipatory bail can be granted to her. But, as far as first accused is concerned, allegations are serious in nature and this is not a fit case to grant anticipatory bail. Though first...

The Kerala State Co-operative Employees Pension Board, R/by Its Secret ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI. M.V. VISWANATHAN : JUDICIAL MEMBER Appellant herein was the opposite party and the respondent was the complainant in OP.224/2000 on the file of CDRF, Idukki. The said complaint was filed alleging deficiency of service on the part of the opposite party in causing delay in disbursing the pension due to the complainant. The opposite party entered appearance and filed written version denying the alleged deficiency of service. The Secretary of the pension board took the contention that there occurred delay on the part of the employer society namely Alakkodu service Co-operative Bank in remitting the contribution to the pension fund. Thus, the opposite party contended that the delay in disbursing the pension was due to the fault on the part of the complainant/ employee and his employer, the Alakkodu Service Co-operative Bank. 2. Before the Forum below no oral evidence was adduced from the side of the parties to the complaint. A perusal of the impugned order dated 30th January 2006 passe...