Kerala Court November 2011 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Koshy P. Cherian and Another Vs. T.R. Ramachandran and Others
Court: Kerala
Decided on: Nov-21-2011
Thomas P. Joseph, J. 1. Defendants in O.S. No.212 of 2005 of the court of learned Munsiff, Pathanamthitta are the petitioners, aggrieved by Ext.P11, judgment in C.M.A.No.22 of 2009 of the Court of learned District Judge, Pathanamthitta arising from the order of the trial court on I.A.No. 700 of 2007. Respondents/plaintiffs sued petitioners for a decree for prohibitory injunction against conducting quarrying operations in the suit property, described as a Government quarry. Learned Munsiff passed Ext.P4, order of injunction on 16.06.2005 on I.A.No. 780 of 2005 restraining petitioners from engaging in blasting operations in item No.5 of the plaint schedule without having valid license for using explosives and jackhammers or doing any operation causing damage to the suit property till disposal of the suit. While so, alleging that petitioners violated Ext.P4, order of injunction by engaging in the prohibited activities, respondents filed I.A.No.700 of 2007 (Ex.P5) under Rule 2A of Order XX...
Kerala Federation of Women Lawyers Vs. Corporation of Cochin
Court: Kerala
Decided on: Nov-21-2011
C.N. RAMACHANDRAN NAIR, J. 1. This is a Public Interest Litigation filed by the Kerala Federation of Women Lawyers for appropriate directions from this Court to Government and local authority to prevent all kinds of health hazards caused by solid waste being thrown by people on road sides and in public places. When the matter came up for hearing on 23.10.2011, this Court passed an interim order directing the respondents to file statements. Statement has been filed on behalf of the State contending that Government is contemplating comprehensive legislation in the matter. So far as the Cochin Corporation is concerned, learned Standing Counsel sought for further time. Certain associations of plastic manufacturers and plastic dealers have filed impleading application apprehending that this Court may prohibit manufacturing of low grade plastic carry bags, which is the route cause of pollution as solid waste is dumped or thrown away in plastic carry bags by the people. Low grade plastic carr...
Asst.Executive Engineer, Kseb, Pulamonthole, Malappuram Vs. P. Akbar A ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Nov-21-2011
SRI. M.V. VISWANATHAN: JUDICIAL MEMBER The appellant is the opposite party and respondent is the complainant in CC.46/08 on the file of CDRF, Malappuram. The complaint therein was filed alleging deficiency in service in issuing impugned bill for Rs.1,30,372/- towards the electricity charges for the period from 13..3..06 to 19..2..07. The opposite party entered appearance and filed written version denying the alleged deficiency in service. It was contended that the impugned bill for Rs.1,30,372/- was issued based on the average consumption of electricity. Thus, the opposite party prayed for dismissal of the complaint. 2. Before the Forum below Ext.A1 to A9 and Exts.B1 and B2 documents were produced and marked on the side of the parties to the said complaint. On an appreciation of the facts, circumstances and evidence on record, the Forum below passed the impugned order dated 24.9.09 allowing the complaint partly. Aggrieved by the said order, present appeal is filed by the opposite party...
M/S. E.V. Mathai and Sons Vs. the Commr. of Income Tax Cochin
Court: Kerala
Decided on: Nov-19-2011
1. The appellant is a partnership firm engaged in trading mainly in rubber, and is also engaged in real estate business. In January, 2004, the appellant purchased 436.60 acres of rubber plantation from another concern for a consideration of Rs. 408.07 lakhs. The transactions was partly funded through a loan of Rs. 170 lakhs availed by the appellant from a Bank. Soon after purchase of the estate, the appellant started selling the land in pieces, and in the course of a little of over one year, the appellant sold 401.60 acres of land in pieces to 20 persons retaining only 35 acres of land with them. In fact within two months of the purchase that is in February and March, 2004 itself were sold in varying extents to 15 persons during the financial year 2004-05. The gross profit on sale of the estate according to the appellant was Rs. 124,57,378/-. In the return filed for the assessment year 2005-06, the appellant conceded an income of Rs. 52,16,147/- towards profit on sale of the estate und...
The Regional Director, E.S.i. Corporation, Thrissur Vs. M/S. Mrf Ltd., ...
Court: Kerala
Decided on: Nov-19-2011
K.M. Joseph, J. 1. The Appeal is filed by the Regional Director of E.S.I. Corporation challenging an order passed by the Employees’ Insurance Court, Palakkad. By the impugned order the application filed by the appellant seeking transfer of the case to the Employees’ Insurance Court, Idukki has been dismissed. The E.I. Court, Palakkad finds that the appellant cannot contend that the court at Palakkad had no jurisdiction, as that point has been decided by the preliminary order dated 23.11.2009. It is stated that the appellant had not challenged that order of the court by filing any appeal and the same has become final. It is further reasoned that the court cannot review the above order on the basis of the subsequent judgments of the High Court and the Supreme Court in some of the cases. Apparently, the court has drawn sustenance from the Explanation to Order 47 Rule 1 of the Code of Civil Procedure. It is further found that the Judgment of a learned Single Judge of this Court...
The Manjeri Co-operative Urban Bank Ltd., Rep. by Its General Manager, ...
Court: Kerala
Decided on: Nov-19-2011
The short question that arises for consideration in this writ petition is whether a sale deed executed by a member of a co-operative society in favour of the co-operative society of which he is a member, is eligible for remission of the whole of the stamp duty payable on it under the Kerala Stamp Act, 1959. The brief facts of the case are as follows:- 2. The petitioner is a co-operative society. It was registered in the year 1937 under the Madras Co-operative Societies Act, 1932. With the enactment and coming into force of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as “the Act” for short) with effect from 15.5.1969, the Madras Co-operative Societies Act, 1932 and the Travancore Cochin Co-operative Societies Act, 1951 stood repealed. However in clause (ii) of sub-section (2) of section 110 of the Act it was stipulated that notwithstanding such repeal, any society existing in the State on the date of commencement of the Act which has been registered ...
The Manager, Hdfc Bank Ltd., Retail Asset Division Vs. Vijaya Kumar Pa ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Nov-19-2011
JUSTICE SHRI. K.R. UDAYABHANU, PRESIDENT The appellant is the first opposite party/Manager, HDFC Bank in CC.No.148/10 in the file of CDRF, Pathanamthitta. The appellant is under orders to return the RC along with compensation of Rs.10, 000/- or in the alternative to obtain duplicate RC and pay compensation of Rs.15,000/-, failing which the complainant is allowed any realize sum of Rs.40,000/-, compensation of Rs.10,000/- and cost of Rs.2,500/-. 2. The matter is with respect to the alleged non return of the original RC book of the motor cycle for which loan has been availed from the 1st opposite party/appellant. 3. The 1st opposite party/appellant stood ex-parte before the Forum. 4. It is the contention of the appellant that he was not served with notice. All the same and in view of the fact that the order is not a contested one the same is set aside on condition that the appellant pay a sum of Rs.8,000/- towards costs to the complainant or deposit the same before the Forum which can be...
The National Insurance Co.Ltd. and Another Vs. P. Majeed and Another
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Nov-19-2011
JUSTICE SRI. K.R. UDAYABHANU : PRESIDENT The appellants are the opposite parties/Insurance Co. in CC.247/08 in the file of CDRF, Malappuram. The appellants are under orders to pay a sum of Rs.59180/- with interest at 6% from the date of complaint and Rs.1000/- towards cost. 2. It is the case of the complainant is that an escavator/JCB owned by him was insured with the opposite parties. On 6.6.08 the vehicle met with an accident and the surveyor had assessed the loss. The complainant had spent Rs.2,35, 368.07 towards purchase of spare parts, Rs.5000/- for towing charges and Rs.19000/- towards labour expenses. Only sum of Rs.1,76,526 was paid by the insurer. Complainant has claimed Rs.82,842.07 and Rs.1,00,000/- as compensation. 3. The appellant/insurer has filed version contending that the amount as assessed by the surveyor less policy excess of Rs.35000/- and depreciation of 10% was paid. It is also contended that the amount of Rs.1,76,526/- was paid in full and final settlement The sa...
Satheesh Kumar E Vs. Malabar Devaswam Board, Rep. by Its Commissioner, ...
Court: Kerala
Decided on: Nov-18-2011
THOTTATHIL B. RADHAKRISHNAN, J. 1. Four non-hereditary trustees were appointed under the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951, for the Sree Vyrancode Temple, Thirunavaya in Tirur Taluk. Three posts have fallen vacant. Ambika Pulliyathiri Amma, who was the hereditary trustee, died on 18.12.2008. Ambika Devi of Valiyktottu kovilakam staked claim to that post on plea of succession. That was rejected by the Commissioner. In WP(C) 5766/11, she was given a further opportunity to provide materials before the statutory authority within a period of four months. It is submitted that nothing happened after that judgment dated 23.2.2011. This means that as of now, there is none in office as the hereditary trustee and there is only one non-hereditary trustee. He is K.P. Appukuttan, the petitioner in W.P.(C) 10112/11, whose term expires on 14.6.2012. 2. Malabar Devaswom Board (MDB) authorities invited applications, conducted selection and appointed the private...
Kvm Trust Vs. Kerala University of Health and Allied Sciences
Court: Kerala
Decided on: Nov-17-2011
P.S. Gopinathan, J. This appeal is preferred against the judgment of the learned Single Judge whereby the writ petition filed by the appellant was dismissed. The appellant Trust applied before the Indian Nursing Council seeking permission to start Post Basic B.Sc., Nursing Programme with an intake of 50 students in the nursing college run by the appellant. By Ext.P1 order dated 21.4.2010, permission was granted subject to the approval of the State Nursing Council and University/Board. Though applied before the Kerala Nurses and Midwives Council, by order dated 7.7.2011 permission was accorded for intake of only 30 students. Simultaneously, the appellant applied before the respondent - Kerala University of Health and Allied Sciences for granting affiliation. By Ext.P4 order dated 4.8.2011, affiliation was granted for an annual intake of 30 students. In the meanwhile, on a further representation before the Kerala Nurses and Midwives Council, by Ext.P2 order dated 31.8.2011, sanctio...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »