Kerala Court April 2011 Judgments

K.M. Reghunath Vs. Inspector General of Police and Others

Court: Kerala

R. Basant, J. 1. Kerala, the State which boasts of 100% literacy, the State which takes pride in the healthy democratic culture that prevails in the State and which calls itself God’s own country - thanks to the commercial tourist jargon, is going to the polls tomorrow. It is now time for eleventh hour police protection petitions in this Court. These eleventh hour police protection petitions, if they are genuine and bona fide, must persuade us to hang our heads down in shamel. If there is such rampant perception that the polls would be marred by violence and unacceptable practices, there is definitely something fundamentally wrong in our democratic culture and traditions. We would like to wish away the apprehensions raised in these petitions as tensed responses of over cautious mind. But the number of the petitions and the nature of the allegations in the petitions persuade us to take them seriously and consider the same in detail. 2. We do so because we think that there are subs...

Jiby John and Another Vs. State Bank of India Represented by Its Chief ...

Court: Kerala

Reported in: 2011(2)ILR(Ker)709; 2011(2)KLT922; 2011(3)KLJ83; 2011(2)KHC575

1. 'Vidyadhanam sarvadhanal pradhanam' is the age old adage in Sanskrit. So has our Nation accepted 'Education' as of national priority and is taking every effort to promote the same through various means and measures, with intent to see that any investment in the field of Education identifying, promoting and developing talents, virtually contributes to the building of the Nation as a whole. National and State level policies are being framed to ensure this basic requirement; more so, when the scope of education has widened both in India and abroad, covering new courses in diversified areas. It is accordingly that priority has been fixed as well, with the endeavor that no deserving student is denied of any opportunity to pursue the higher education for want of financial support. 2. So as to come to the rescue of the meritorious students in their pursuit for higher education, in spite of their penury, the Banks in India, especially the respondents 1 and 2 and other scheduled Banks have a...

SujathA. B. Vs. State of Kerala, Represented by Principal Secretary to ...

Court: Kerala

Reported in: 2011(4)KLT910; 2011(4)ILR(Ker)954; 2012(1)KLJ63

These writ petitions concern the filling up of posts of Lecturer in Islamic History. Ext.P4 in W.P.(C) No.19525/2006 is the rank list published by the Public Service Commission on 28.11.2003. A decision on the reliefs sought for in W.P.(C) No.19525/2006 will have impact in the connected writ petitions. Hence W.P.(C) No.19525/2006 is taken as the leading case. 2. The petitioner belongs to a Muslim family. The notification issued by the Public Service Commission is dated 18.12.2001 and applications were invited for the post of Lecturer in Islamic History. In Ext.P4 rank list, the petitioner is ranked No.5. After the rank list came into force, the first rank holder was advised on 3.2.2004 which arose in the first selection year, i.e. from 28.11.2003 to 27.11.2004. An open category candidate was appointed. The second rank holder (Ezhava community) and third rank holder (open quota) were also advised on 13.3.2004 during the same selection year, viz. 28.11.2003 to 27.11.2004. During the seco...

Vijayalekshmi and Another Vs. Sherly @ Margret and Others

Court: Kerala

Reported in: 2011(2)KLT460; 2011(2)ILR(Ker)595; 2011(2)KLJ652

Respondents 1 to 4 instituted O.S.No.1359 of 2009 on the file of the court of the First Additional Subordinate Judges Court, Thiruvananthapuram against the fifth respondent for a decree for realization of Rs. 12,71,500/- with interest with a prayer to make the plaint schedule property a charge for the decree amount. It was alleged by the plaintiffs that the defendant agreed to sell the plaint schedule property to the predecessor in interest of the plaintiffs for a sale consideration of Rs. 15,79,300/- and he received a sum of Rs. One lakh as advance. Subsequently, various amounts were paid to the defendant. According to the plaintiffs, they paid a total sum of Rs. 11 lakhs to the defendant. 2. The suit was field on 21.11.2009. I.A.No. 3037 of 2009 was filed for attachment before judgment of the plaint schedule property. An order of attachment was passed on 3.4.2010. 3. The petitioners, claiming that they are the assignees of the property from the defendant as per the sale deed execute...

Udayan Vs. Kerala Agro Machinery Corporation Ltd

Court: Kerala

A.K. BASHEER, J. 1. This Writ Petition has come up before us on a reference made by a Division Bench noticing apparent conflict between two bench decisions. In fact, a learned Single Judge had referred the case to the Division Bench after noticing inconsistency in the views taken by the two Division Benches. 2. The question that has cropped up in this case is whether Respondent No.1 Corporation is justified in tinkering with or varying the minimum qualifications prescribed in the Special Rules for recruitment to the post of Deputy Manager (Technical), while notifying the vacancies. 3. The relevant facts which led to this legal imbroglio may be briefly noticed: Petitioners are now working as Regional Managers (Marketing) in the cadre of Deputy Manager in Respondent No.1 Corporation, which is a Company fully owned by the Government of Kerala. The Corporation, being an instrumentality of the Government of Kerala, is State within the meaning of Art.12 of the Constitution of India. 4. Petit...

Joseph Vs. Antony and Others

Court: Kerala

1. Jessy died in the early morning of 26.09.1998 in her matrimonial house. Her daughter, aged 1 years, was also found dead by her side. Jessy’s father, PW1, lodged First information Statement, Ext.P1 before local police and Ext.P1(a) – FIR was registered under the caption “Unnatural death” in Ext.P1, PW1 stated that there is no possibility for Jessy to Commit suicide and that the child was murdered by somebody. During investigation, Jessy’s husband, his parents and sisters were brought to the array of accused. Charge sheet was laid against them as accused 1 to 8, alleging offences under Sections 304B, 498A and 306 of Indian Penal Code (‘IPC’, for short). 2. According to prosecution, deceased Jessy Committed suicide by consuming Sodium Cyanide, which is a poisonous substance. She administered the same substance to her child also. The commission of suicide was allegedly abetted by accused nos.1 to 8, who subjected her to cruelty and harassment in...

The Mother Superior Vs. the Vicar St.Mary's Church and Others

Court: Kerala

Ramachandran Nair, J. The rather strange and unusual dispute which we are called upon to resolve in these cases is between the Mother Superior of a Convent and the Vicar of a Church for the control of management of a High School, which was originally started in the year 1945 as a Girls High School and later converted into a mixed School for boys and girls. Since the issues raised in the connected Writ Appeals are consequential to the controversy in the main case, i.e.W.A.No.28/2011, we proceed to consider the said case first and the parties referred to herein are those arrayed in the said Writ Appeal, wherein the Mother Superior is the appellant and the Vicar is the first respondent. 2. The specific case of the appellant is that the Little Flower Girls High School was established by the Mother Superior of the Little Flower Convent under orders obtained from the Director of Public Instruction of the Princely State of Cochin in the year 1945. In fact the School was started in the first f...

Proper Channel Vs. K. Jayakumar

Court: Kerala

Antony Dominic, J. 1. Non - compliance of the direction contained in Annexure A1 Judgment dated 23rd January, 2009 has led the petitioner to file this Contempt Case. 2. As already stated above, the Judgment was rendered on 23rd January, 2009 and in view of the provisions contained in S.20 of the Contempt of Courts Act, the proceedings now initiated is barred by limitation. However, learned counsel for the petitioner contends that since no time limit is prescribed in the judgment for compliance of the direction, the limitation provided under S.20 of the Contempt of Courts Act is inapplicable. 3. We are unable to agree with the learned counsel. As indicated above, a Full Bench of this Court in Damodaran v. Cherkalam Abdulla, 2007 (2) KHC 58 : 2007 (2) KLT 171 : ILR 2007 (2) Ker. 6 : 2007 (2) KLJ 1 : AIR 2007 Ker. 153 has held that proceedings under the Contempt of Courts Act should be initiated within one year from the date on which the contempt of Court is alleged to have been committed...

Edakkandi Dineshan @ Pilipp Dineshan and Others Vs. State of Kerala, R ...

Court: Kerala

N.K. Balakrishnan, J. 1. Out of the 15 accused who faced trial, accused Nos.1 to 14 were found guilty and convicted by the learned Sessions Judge, Thalassery for offences punishable under Sections 143, 147, 506(II) and 302 IPC r/w 149 IPC. Accused Nos.2, 3, 11 and 12 were convicted under Section 148 IPC also. Besides accused No.3 was convicted for the offence under Section 5 of the Explosive Substance Act. They were sentenced to undergo imprisonment for life for the offence punishable under Section 302 IPC r/w 149 IPC. Besides, they were sentenced to undergo imprisonment for various terms for other offences mentioned above. They were also directed to pay Rs.2,00,000/- each as compensation to the legal heirs of the deceased victims. Accused No.15 was acquitted by the learned Sessions Judge. 2. The gist of the prosecution case can be stated thus:- On 1.3.2002 there was a harthal called by VHP/RSS. At about noon, there was an altercation between members of CPI(M) and RSS people at a place...

K.K. Philiph Vs. State of Kerala, Rep. by Public Prosecutor

Court: Kerala

1. The appellants are accused 1 and 2 in C.C. 23/1998 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram. In the final report, the 2nd accused was the 3rd accused. They were working as the Superintending Engineer and Executive Engineer from 6.7.1990 to 28.2.1991 and 28.9.1990 to 1.11.1990 respectively in Kallada Irrigation Project LBC formation of Kottiyam branch canal from chainage 6486M to 8735M. Late K.Y. Abraham, who was originally arrayed as the second accused, was the contractor to whom the said work was awarded. Accepting the lowest tender submitted by late Abraham, Ext.P3(a) original agreement dated 24.8.1987 was executed between the Contractor Abraham and PW.4, the then Superintending Engineer. Work site was handed over on 16.12.97. After executing the agreement, it was brought to the notice that some changes were required in the levels. Consequently, proposals were made and in terms of the revised proposal supplemental agreement No.1, which was mark...