Kerala Court November 2011 Judgments

The Commonwealth Trust (India) Limited, Calicut, Rep. by Its Executive ...

Court: Kerala

Reported in: 2012(1)KLT356; 2012(1)KLJ255; 2012(1)ILR(Ker)512; 2012(1)KHC268

1. The petitioner is challenging the constitutional validity of Sections 4(1) and (3) of the Kerala Handloom Workers’ Welfare Fund Act, whereby the rate of contribution payable by the worker is enhanced from Re.1 to Rs.3, whereby the employer has to effect double the amount remitted by the worker. The case of the petitioner is that, there is no rationale on the part of the respondents in enhancing the same as per the Ordinance bearing No.19 of 2001, which was subsequently replaced by the Kerala Handloom Workers’ Welfare Fund (Amendment) Act 2001. 2. The petitioner is a company, constituted under the relevant provisions of the Indian Companies Act 1956 and it is having two factories, one situated near the head office of the company at Calicut and the other one at the beach, known as ‘beach unit’. It is stated that the beach unit has been subsequently closed down due to various adverse circumstances. It is admitted that the petitioner is an ‘employer’ ...

M. Mohanan Vs. Silvester Fathrose, Sheena Mandiram and Others

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT The appellant is the first opposite party/Gas Agency under orders to pay a sum of Rs. 33,415/- with interest at 12% and also to pay cost of Rs. 2,000/- in O.P. 246/02, in the file of CDRF, Kollam. The case of the complainant is that the gas cylinder, supplied by the first opposite party caught fire and exploded, when it was attempted to be ignited. The fire started at the bottom of the cylinder, and a number of house hold items were totally damaged. It is alleged that the incident is the result of negligence on the part of the first and second opposite parties. As such incidents are covered by the policy issued by the 3rd opposite party to reimburse the opposite parties 1 and 2, the 3rd opposite party is liable to reimburse. It is also mentioned that the consumer number of the gas connection is in the name of the second additional complainant who is the son of the first complainant. The second additional complainant is working in Boarder Securi...

The Manager, Syndicae Bank, Vorkady.P.O, Vorkady and Others Vs. M.Shan ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU, PRESIDENT The appellants are the opposite parties/authorities of Syndicate Bank who are under orders to pay a sum of Rs.3,000/- towards costs and is under directions not to repeat the kind of deficient nature of service rendered by them to the complainant and also to consider the beneficiaries and loan applications in a fair and transparent manner without leaving any room for any complaints in future, in CC.276/11 in the file of CDRF, Kasaragod. 2. It is the case of the complainant that he is a person entitled to be a beneficiary of Vidharbha package scheme floated by the Government of India and had applied for loan under the scheme to the first opposite party/Branch Manager. But, the same was rejected without any reason and without intimating formally. There is also the allegation that the Manager sought for 5% commission for sanctioning the loan. The complainant obtained the loan subsequently from a co-operative bank for which he had to pay higher inter...

Shamsudeen Vs. Terex Vectra Equipment Pvt. Ltd., and Others

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT Version filed. Counsel for the complainant reports no instructions. Complainant called absent. Complaint is dismissed for default....

Sheeja P.R. Vs. Secretary, Kerala Public Service Commissioner and Anot ...

Court: Kerala

“CR” RAY, J. 1. Petitioner has filed the writ petition for the following reliefs: i) issue a writ of mandamus or other appropriate writ, order or direction, compiling the 1st respondent to issue advice memo in favour of the petitioner for the post of Higher Secondary School Teacher English junior in the light of Ext.P1 rank list; ii) award the cost of the writ petition to the petitioner from the 1st respondent; and iii) pass such other order or direction as this Hon’ble Court deems fir and proper to grant in the facts and circumstances of the case.” 2. Petitioner secured 3rd rank in Ezhava supplementary list for the post of Higher Secondary School Teacher as evidenced by Ext.P1 rank list. The period of rank list was three years. The rank list was prepared on 27.4.2009 and will expire on 26.4.2012. The case of the petitioner is that in order to complete the reservation quota of Ezhava community, apart from the candidates in the main list, the names of two more ca...

K. Abraham Mathew, Kottayam and Others Vs. State of Kerala, Rep. by Ch ...

Court: Kerala

1. The rights and liberties flowing from the recommendation given by the “First National Judicial Commission”, which is otherwise called as ‘Shetty Commission’ and implementation of the same by the Government, based on the recommendation given by the High Court of Kerala in so far as it relates to the Judicial Officers who have been deputed to the High Court, is the subject matter involved in this writ petition. The sequence of events is as follows. 2. The petitioners herein who are working as ‘Senior District Judges’ in the Kerala State Higher Judicial Service were identified by the High Court, who were called upon to occupy the offices concerned and are continuing for the past few years. The First National Judicial Pay Commission (‘Shetty Commission’ for short) recommended that ‘special pay’ may be granted to the serving Judicial Officers who are having considerable administrative work ‘beyond the court hours’. T...

K.J. Emmanuel Vs. the Regional Manager, State Bank of India, Regional ...

Court: Kerala

Ramachandran Nair, J. 1. The appellant availed loan from State Bank of India totaling Rs.5.50 lakhs out of which Rs.2 lakhs was sanctioned for construction of compound wall and fencing, and balance Rs.3.5 lakhs sanctioned was for purchase of agricultural land. Loan sanction was under the Kissan Gold Card Scheme in the form of agricultural term loan. Under the loan agreement, the appellant was bound to repay the loan with interest at 11.75% in 14 half yearly instalments i.e. during the course of 7 years from the date of availing the loan. The appellant committed default which led to initiation of proceedings for recovery by the Bank. The appellant took the defence by claiming before the Bank that the loan and the interest are to be waived under the Debt Waiver and Debt Relief Scheme, 2008 (hereinafter referred to as the Scheme for short) introduced by the Central Government, but the Bank declined waiver stating that the loan availed by the appellant is not covered by the Scheme. The app...

In Re., M.V. Jayarajan

Court: Kerala

SYNOPSIS On 23-6-2010 a Division Bench of the Kerala High Court comprising of Justice C.N. Ramachandran Nair and Justice P.S. Gopinathan while disposing of a Writ Petition filed in public interest, banned the holding of meetings and rallies on public roads and road margins thereby ensuring accident-free and uninterrupted traffic along such roads. On 26-6-2010 in a meeting organized in Kannur town in protest against the hike of fuel prices, the respondent M.V. Jayarajan, a non practicing Advocate ill-informed in law and a politician belonging to the C.P.I. (Marxist) Party, made a public speech. The speech was widely covered by the print and visual media. During the course of the speech he reacted vigorously against the High Court verdict and declared that the people throughout Kerala were openly disobeying the verdict by holding meetings and rallies on the roads and road margins. He asked that when such court verdicts have only the value of grass what worth do the Judges who pronounced ...

Ferook.E.K Vs. Chokli Grama Panchayath

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI.M.V. VISWANATHAN, JUDICIAL MEMBER 1. Appellant is the opposite party and respondent is the complainant in CC.194/04 on the file of CDRF, Kannur. The complaint was filed alleging deficiency in service on the part of opposite party on account of their failure to comply with the agreement entered into between the complainant and the opposite party. The complainant, the Secretary, Chokli Grama Panchayath prayed for an order to direct the opposite party to replace all the CFL street lights, automatic street lights and also the other ordinary street lights 100 in numbers and also for compensation amounting to Rs.5.lakhs for deficiency in service on the part of the opposite party. The complainant has also claimed cost of the proceedings. 2. The opposite party entered appearance and filed written version denying the alleged deficiency in service. It was contended that the CFL lamps installed by the opposite party were defect free and the failure in the working of the streetlights was due ...

P. Ashique and Another Vs. Hameed T. Abdulla

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT Appellants are the opposite parties in CC.273/09 in the file of CDRF, Ernakulam. The appeal is filed primarily with respect to the order in I.A.375/09 filed by the opposite party to delete the opposite parties from the party array. It is also contended that I.A.374/09 filed disputing the maintainability of the complaint has not been disposed of although the same was taken for orders. 2. The complaint is with respect to the alleged deficiency in service on the part of the opposite parties 1 to 3, the Managing Director of the dealer in person, the Director (Marketing and Sales) of BMW India Private Limited in his name and the dealer represented by the 1st opposite party. It is the contention that there was deficiency in service on the part of the 1st opposite party as the BMW X5 series car booked was not delivered and another model BMW 7 series which according to the complainant was an outdated model was delivered. But the required papers for reg...