Kerala Court June 2011 Judgments

M/S. the National Insurance Company Ltd. Vs. Sindhu P.T. and Others

Court: Kerala

BASANT, J. This appeal under Section 30 of the Employees Compensation Act (hereinafter referred to, 'the Act') is preferred by the insurer who was the second opposite party before the Commissioner. The only substantial question of law sought to be canvassed before us is: "whether the insurer is liable to discharge the liability under the Act of a transferee of a vehicle, the policy of insurance in respect of which is deemed to be transferred in his favour by the operation of Section 157 of the Motor Vehicles Act." 2. To the vitally relevant and crucial facts, first. There was a collision between a jeep and a car. The driver of the jeep succumbed to the injuries suffered in the accident. His dependents lodged the claim under the Act against the employer of the deceased. On the date of the accident, that employer was the owner of the jeep. The appellant is the insurer in respect of that vehicle. The registration certificate and the policy of insurance stood in the name of the transferor ...

Kunhi Purayil Mukundan Naveen Vs. Anjalika Dinesh

Court: Kerala

K.M. Joseph, J. Petitioner has filed this original petition under Article 227 of the Constitution seeking the following prayer: “(a) to issue a writ of mandamus or other appropriate writ, order or direction directing the Family Court, Kannur to receive the OP filed on behalf of the petitioner through his Power of Attorney Holder and number the same without insisting appearance of the petitioner in person at the time of filing the petition by setting aside the order Exhibit P-3.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the husband of the respondent. The marriage between the petitioner and the respondent was solemnized on 17.8.2008. The relationship between the petitioner and the respondent was totally at wreck and the cordial relationship with the respondent was impossible. Petitioner filed an application under Section 13(1)(a) of the Hindu Marriage Act on the ground of cruelty. Ext.P1 is the unnumbered petition. Petitioner is employed abroad....

New India Assurance Company Ltd., Represented by Its Administrative Of ...

Court: Kerala

Reported in: 2011(3)KLT319; 2011(3)KLJ346; 2011(3)ILR(Ker)541

Basheer, J. A short, but very interesting legal question has cropped up in these two appeals filed by the insurer of a vehicle, which was involved in a road traffic accident. 2. An unfortunate father who is respondent No.4 in these two appeals was driving a jeep with his two minor sons. The jeep happened to capsize. While the unfortunate father escaped, his two sons died in the mishap. The mother and siblings of the two victims instituted two claim petitions before the Motor Accidents Claims Tribunal seeking compensation from the owner, driver and insurer of the vehicle. As has been mentioned earlier, the driver happened to be the father of the two victims. 3. The Tribunal after considering the documentary evidence available on record passed the impugned awards holding that the Insurance Company is liable to indemnify the owner of the vehicle and pay compensation to the claimants. These two awards are under challenge in these appeals. 4. The legal question that has been raised by the a...

M/S. Desai Homes Vs. Tony J.Pulikal

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU, PRESIDENT The appellants are the opposite parties in CC385/08 in the file of CDRF, Ernakulam. The appellants are under orders to pay Rs.3,00,486/- to the complainant with interest at 12% from the date of receipt till payment. 2. It is the case of the complainant that with respect to the booking of flat in the proposed complex to be built by the opposite party he paid an advance amount of Rs.1 lakh on 25.2.08 and subsequently another sum of Rs.2,00,486/-. It is the case of the complainant that in the specimen agreement given by the opposite party the date of agreement is mentioned as a subsequent date ie; on 10.3.08. There was correspondence within the parties. The Complainant issued a lawyer notice dated 22.8.08 claiming return of the advance amount of Rs.3,00,486/-. 3. It is the case of the opposite parties that the opposite party had offered to return the amount but the complainant did not collect the amount. 4. The evidence adduced consisted of the tes...

State of Kerala Vs. M/S. S.D. Pharmacy and Another

Court: Kerala

RamachandranNair, J. The question raised in the Sales Tax Revision case filed by the State and in the Writ Petition filed by the assessee is one and the same i.e. whether the assessee is liable to pay tax as brand name holder on the sale of products made under brand name / trade mark / logo under Section 5(2) of the Kerala General Sales Tax Act (hereinafter referred to as the Act for short). 2. We have heard learned counsel appearing for the assessee and learned Government Pleader for the State. 3. The assessee with 70 years of track record is a big name in ayurvedic medicines and products which are marketed within the State and in other parts of the country under the name and style . The assessee is a partnership concern engaged only in wholesale marketing of the products, which are manufactured by two sister concerns namely M/s.SD Pharmacy Pvt. Ltd and M/s.Oriental Extractions Pvt. Ltd. There is no dispute that these private limited companies are under the control of same persons, wh...

M.K. Jayalakshmi Vs. the Secretary, Kalpetta Municipality and Others

Court: Kerala

P.S. Gopinathan, J. 1. The appellant/ writ petitioner was a sweeper under the first respondent. By Ext.P17 order dated 5.1.2009 the appellant was ordered to be removed from service. Assailing Ext.P17, the appellant preferred W.P. (C) 4075 of 2009 before this Court. While so, on 27.7.2009, the appellant resorted to an alternate remedy; namely, an appeal under Section 509 of the Kerala Municipalities Act before the Tribunal for Local Self Government Institutions. The appeal was filed with certain defects. Though the Tribunal ordered to return the appeal for curing defects, the appellant did not care to get the appeal returned or to cure the defects. On the other hand, it was submitted before this Court that an appeal was filed with some delay. Recording the submission, by Ext. P19 judgment dated 27.8.2009, W.P.(C) 4075/2009 was disposed of with a direction to the Tribunal to dispose of the appeal within four months. The appellant then did not disclose that the appeal filed was defective ...

State of Kerala, Represented by Secretary and Others Vs. Thulasibai an ...

Court: Kerala

P.S. Gopinathan, J. 1. W.A. 1570 of 2010 was filed by Respondents 1 and 2 in W.P.(C) 10132/2010. The other appeal was filed by the 5th respondent. Petitioner in the writ petition is the first respondent in both the appeals. (Hereinafter the parties are referred to as arrayed in the writ petition.) The petitioner entered service in the Chemical Examiner's Laboratory Department, of which the second respondent is the Head, as a Technical Assistant on 10.2.1982 with a graduate degree in Chemistry. On 6.10.1985, she was promoted as Junior Scientific Officer. On 18.4.1991, she was promoted as Assistant Chemical Examiner. While in service, she acquired Master's Degree in Chemistry in 2007 through Distance Education Programme of Madurai Kamaraj University. Apprehending that she would not be considered by the Departmental Promotion Committee (DPC) for the reason that the post graduate degree acquired by her is through Distance Education Programme, she moved this court seeking a direction in the...

Commissioner of Income Tax Vs. Thiruvambadi Rubber Co. Ltd.

Court: Kerala

C. N. Ramachandran Nair, J. Revenue has filed these appeals challenging the order of the Income Tax Appellate Tribunal allowing the appeals filed by the respondent - assessee for the assessment years 1997-98 to 2000-2001. Assessee, a plantation company engaged in rubber cultivation and deriving agricultural income is also liable to pay tax under the Income Tax Act on the income derived on the manufacture of rubber products. On comparing the income returned by the assessee for all the assessment years involved in these appeals with the book profit, the Assessing Officer felt that assessment has to be completed on book profit as provided under S.115JA of the Income Tax Act (hereinafter called “the Act”). The assessee also raised no objection for the assessments made on book profit under S.115JA of the Act. However, the claim made by the assessee in the assessment which was rejected by the Assessing Officer is exclusion of income derived on sale of old and unyielding rubber tr...

K.O. Francis, Lecturer Selection Grade, Department of Commerce, Irinja ...

Court: Kerala

Reported in: 2011(3)KLT393; 2011(3)KHC197

RamachandranNair, J. The appellant, a selection grade college lecturer in Commerce in an aided College, wanted to join for PhD study under the Quality Improvement Scheme offered by the UGC. The UGC Scheme provides that an applicant can apply for joining PhD course at any time before he/she attains the age of 50, and according to the appellant, the appellant applied and got UGC sanction on 09/03/2010 vide Ext.P5, when he was just below 50 years. However, the Government vide Ext.P18 rejected appellant's case because under the State Government norms, the applicant should get clearances from all agencies namely the UGC, Management, University and Government before he/she crosses the age of 50 years. By the time the appellant's application was considered by theGovernment he had crossed 51= years age and therefore, the appellant's claim was rejected. The appellant challenged the order of the Government by filing Writ Petition on the ground that the Government delayed processing of the applic...

The Manager, Kerala Financial Corporation District Office and Another ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI. K.R. UDAYABHANU: PRESIDENT The appellants are the opposite parties/Kerala Financial Corporation in CC.5/08 in the file of CDRF, Idukki. The appellants are under orders to recalculate the interest of the loan amount repaid as per Ext.P2 circular ie at the rate of 12.5% and refund the excess charged and also to pay Rs.2000/- as cost. 2. It is the case of the complainant that he had availed a loan of Rs.16.10.lakhs from the opposite parties for starting a small scale industrial unit agreeing to repay the amount with interest at 19.5% and additional interest at 12%. According to the complainant as per norms and conditions laid down by the IDBI, the rate of interest in the small scale industrial units in backward areas are fixed at 12.5%. The Central Government and IDBI had notified Wayanad and Idukki Districts as industrially backward areas. The industry is at Wayanad. The complainant was made to pay at the rate of 19.5% as interest. He has repaid the loan amount. He has sought for r...