Kerala Court September 2011 Judgments

Kerala Co-operative Milk Marketing Federation Ltd. Vs. State of Kerala

Court: Kerala

1. The competence of the State Government and the Registrar of Dairy Co-operatives to interfere with the decision taken by the Kerala Co-operative Milk Marketing Federation Limited, to increase the selling price of milk by `5/- per litre, with effect from 11.5.2011, is the issue raised in these Writ Petitions. They were therefore heard together and are being disposed of by this common judgment. W.P.(C) No.13648 of 2011 is treated as the main case and unless otherwise mentioned, the documents referred to are those produced therein. 2. The “Kerala Co-operative Milk Marketing Federation Limited”, otherwise known as “Milma”, is the petitioner in W.P.(C) No.13468 of 2011. It was registered as a Co-operative Society under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the Act for short) on 21.02.1980. It is the apex society of the three Regional Co-operative Milk Producers’ Unions in the State of Kerala, which in turn have as their membe...

A.C. Bhnunni @ Valluvanattukara Vs. the Commissioner, Hindu Religious ...

Court: Kerala

“CR” P. BHAVADASAN. J. 1. All these writ petitions, in one way or other are related to the administration and management of Thirumandhamkunnu Bhagavathy temple. 2. In W.P. (C) 23149 of 2009, the petitioner who was holding the post of hereditary trustee of the temple challenges his dismissal form that post, covered by Exts.P7 and P12 orders in the said writ petition. 3. W.P. (C) 36839 of 2010 is by the Secretary of Sree Vallabha Kshema Samithi, Angadipuram. That is a Samithi constituted from among the members of the families which hold hereditary trusteeship of Thirumandhamkunnu Bhagavathy temple, Samithi challenges Ext.P10 order by which, after the dismissal of Bhanunni Raja, who is the petitioner in W.P.(C) 23149 of 2009, Sri.Kalidasa Raja was appointed as the fit person as per Section 20 of the Hindu Religious and Charitable Endowment Act, 1951 (hereinafter referred to as the Act) on a temporary measure. 4. W.P. (C) 34920 of 2010 is by the trustee in charge of Thirumandha...

Raman Gopi and Another Vs. Kunju Raman Uthaman

Court: Kerala

Ramachandran Nair, J. The case has come up before the Full Bench as per Reference Order of the Division Bench dated 21.5.2010. The learned Single Judge referred the matter as per Reference Order dated 10.7.2009. The question referred before the Full Bench for its opinion, is the following: “Where the judgments of the Supreme Court rendered by coequal benches express conflicting principles of law, which cannot stand together and, thus, present a serious problem to the High Courts and Subordinate Courts, what are the principles to be followed in choosing one or other of the conflicting judgments by the High Court when in a case the applicability of the conflicting decisions rendered by the apex court has decisive impact in its disposal.” 2. The factual matrix is in a narrow compass. The Civil Revision Petition is filed by the judgment debtors in E.P.No.14/2005 in O.S.No.184/1986 of the Munsiff’s Court, Punalur. The suit was one for declaration of title of the plaintiffs...

Kerala Educational Society Vs. the State of Kerala and Others

Court: Kerala

Reported in: 2011(4)KLJ271; 2011(4)KLT318

P.N. Ravindran, J. 1. The petitioner is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955. It is running schools and creches in different parts of the State of Kerala. When the Employees State Insurance Corporation (hereinafter referred to as the Corporation for - short) initiated proceedings against the petitioner society under the provisions of the Employees’ State Insurance Act, 1948 (hereinafter referred to as the Act for short), the petitioner filed Ext.P3 application before the State Government, the appropriate authority under the Act seeking exemption from the provisions of the Act. Earlier, the petitioner had filed a representation before the Hon’ble Minister for Labour seeking the same relief, but, pursuant to Ext.P2 letter dated 20.5.2010 received from the Government an application in the prescribed form, evidenced by Ext.P3, was submitted. When that representation was kept pending, the petitioner filed ...

Sumathikutty Vs. N. Manoj and Others

Court: Kerala

Basant, J. 1. Is the age of the dependent claimant irrelevant in a claim under Section 166 of the Motor Vehicles Act? Does the decision in Sarla Verma v. Delhi Transport Corporation (2009 (6) SCC 121) followed by P.S. Somanathan v. District Insurance Officer (2011 (3) SCC 566) dispense with the requirement under settled law that the lower multiplier has to be taken into reckoning when different multipliers exist considering the age of the victim/deceased and dependent/claimant in a fatal accident? How are Tribunals to identify the multiplier in such cases under Section 166 of the Motor Vehicles Act (the Act hereinafter) in future? These questions are raised before us in this appeal by Sri. K.B. Arunkumar, the learned counsel for the appellant. 2. To the vitally relevant facts first. The appellant/claimant is a woman, aged 61 years. She claimed compensation for the loss suffered by her on account of the death of her son Jayan @ Jayesh Kumar in a motor accident which took place on 11.06....

Sunitha Vijayan Vs. the Manager, Icici Bank Ltd.. Branch Office

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI. M.K. ABDULLA SONA : MEMBER This appeal prefers from the order passed by the CDRF, Kannur in C.C. No. 165/2009 dated 6th day of October, 2010. The appellant is the complainant who prefers this appeal under the order of dismissal of the complaint by the Forum below. The respondent is the opposite party/bank in the above appeal. In short, this is a dispute in connection with the difference in the accounts which was seen in the account of the complainant. There was a shortage of Rs. 74,441/- in the account of the complainant. The complainant was having a N.R.E. account in Ajman U.A.E. She deposited Rs. 7,799/- Dirham in her account which maintained in I.C.I.C.I Bank, Kannur. Apart from this; different persons deposited Rs. 7,000/- at Kunnamkulam on 16.12.2008 and Rs. 11,300/- from Calicuton 20.12.2008. The total amount in her account is Rs. 118,300/- But it was found that there was only Rs. 43,859.53 in her account on verification on 22.12.2008. She enquired immediately with the oppo...