Kerala Court March 2012 Judgments
P. Bindhu Vs. State of Kerala and Others
Court: Kerala
Decided on: Mar-20-2012
Thottathil B. Radhakrishnan, J. 1. This original petition is filed under Articles 226 and 227 of the Constitution challenging the decision rendered by the Kerala Administrative Tribunal in T.A.No.1569 of 2012. 2. The Public Service Commission invited applications to the post of High School Assistants in English. The qualifications prescribed were:- (i) Bachelors Degree or Post Graduate Degree in English Language and Literature and (ii) B.Ed./B.T with English as optional subject conferred or recognised by any of the Universities in Kerala. In the absence of candidates with B.Ed./B.T with English as optional subject, candidates with B.Ed/B.T in any other subject conferred or recognised by any of the Universities in Kerala will be considered. 3. The petitioner claims that she is entitled to the benefit of reservation in favour of SIUC Nadar Community. She competed in the written test and was among those shortlisted. In the ultimate round, she was not selected. 4. The petitioner does not p...
Tag this Judgment!Dhanalekshmi Financiers Muttil P.O., Vythiry Taluk, Wayanad Vs. Yoosef
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Mar-20-2012
SHRI. M.K. ABDULLA SONA : MEMBER This appeal prefers from the order passed by the CDRF, Wayanad in CC No. 5/2007 dated 29 July 2008. The appellant is the opposite party and the respondent is the complainant in the above OP. The appellant prefers this order from the direction of the Forum below that; the opposite party is directed to give Rs.24,070/- to the complainant within 30 days of the order with 10% interest for the amount from the date of the order till payment. This appeal prefers from the above impugned order passed by the Forum below. 2. In short, the complainant had pledged a gold chain on 31.1.04 weighing 28 grams with the opposite partys financial institution and received Rs.12,000/-. On same day itself, he had pledged a gold bangle weighing 6 grams and received Rs.1,900/- from the opposite parties. On 2.3.04 also the complainant pledged 2 gold bangles weighing 6 grams each for Rs.4,350/-. He had also pledged a gimiki and stud weighing 6 grams for Rs.1,900/. All these ornam...
Tag this Judgment!Bharat Jain, 3d Condor Marigold Apartments Vs. Associated Movers and P ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Mar-20-2012
SMT. A. RADHA : MEMBER The appellant is the complainant who came up for enhancement of the award passed by the CDRF, Thiruvananthapuram in CC No.178/10. 2. The case of the complainant is that the complainant entrusted for packing and shifting of two cars and personal belongings with the opposite parties from Thiruvananthapuram to Gurgaon, Haryana on an agreed payment of Rs.40,000/-. It was on assurance that the cars and house hold goods will be sent directly from Thiruvananthapuram to Delhi. It is the case of the complainant that the opposite parties used sub-standard packing materials and the goods received were in damaged condition and certain goods were missing. The complainant requested the opposite parties to make good the loss. There was no response from the side of the opposite parties. The damage and the theft of articles caused loss amounting to Rs.81,013/- and the complaint is filed claiming compensation and cost by the complainant. 3. After filing the version the opposite pa...
Tag this Judgment!The Oriental Insurance Company Limited, Kochi Vs. Jayarajan Thrissur
Court: Kerala
Decided on: Mar-19-2012
Ramakrishna Pillai. J. 1. Does the amputation of one of the legs above knee entitle a headload worker to claim compensation for 100% disability i.e. for total disablement, is the question we were called upon to answer in this appeal. Under challenge in this appeal is the quantum of compensation awarded by the Tribunal for permanent disability to a 35 year old headload worker, whose right leg was amputated above knee on account of a crush injury sustained in a road traffic accident on 18/01/2004. 2. The relevant facts can be briefly surveyed. 3. The claimant, hereinafter referred to as the respondent, while riding his motorcycle, was hit down by a car insured with the appellant insurance company. Evidently, the car driver was negligent. The respondent was hospitalised with fracuture to both bones of his right forearm and crush injury on his right leg with evidence of fracture to right femur. Fracture to the right fronto parietal bone with sub arachnoid haemorrhage and diffused brain oed...
Tag this Judgment!Mrs.Santhi Hariharan Vs. the Excise Commissioner, Thiruvananthapuram a ...
Court: Kerala
Decided on: Mar-19-2012
C.N. Ramachandran Nair, J. 1. The appellant/petitioner purchased from an importer a consignment of Australian made "Loxton De-alcoholized Wine" which, while under transport from Coimbatore to Cochin, was seized from the godown of the transporting Company by the respondents vide Annexure-C seizure mahazar dated 21.06.2011. Even though the product as described in the label affixed on the bottles clearly stated that it is "de-alcoholized wine", the Excise authorities suspected that the item is "alcoholic liquor", liable for confiscation. After seizure of the consignment, six bottles were sent for analysis to the Chemical Lab, Ernakulam run by the Government and as per report produced, the alcoholic content ranges from 0.20% to 0.41% in the six bottles. However, even after being satisfied that the product is not "wine" as understood in the market, nor under the Abkari laws and it is alcohol removed wine containing only traces, the goods were not released to the appellant/petitioner, which ...
Tag this Judgment!Shaiob Mohammed Vs. State of Kerala, Rep. by the Secretary (Taxes) Gov ...
Court: Kerala
Decided on: Mar-19-2012
Ramachandran Nair, J. 1. This Writ Appeal is filed against the judgment of the learned Single Judge declining to interfere with the conditional stay order issued by the appellate authority vide Ext.P13 order directing payment of Rs.4 lakhs and furnishing of security for the balance amount as condition for staying recovery of KVAT dues for the years 2007-08, 2008-09 and 2010-2011. 2. We have heard learned counsel for the appellant and also learned Senior Government Pleader for the respondents. 3. The appellant was under the impression that revision will lie against the conditional stay order issued by the Deputy Commissioner of Commercial Taxes (Appeals) before the Deputy Commissioner. Therefore, a revision petition was filed against the conditional stay order before the said authority and a direction is sought from this Court for disposal of the revision petition filed against the conditional stay order. The learned Single Judge declined to grant the relief and hence this Writ Appeal i...
Tag this Judgment!Girija Vallabhan Vs. J.B.J. Plantation Pvt Ltd. and Others
Court: Kerala
Decided on: Mar-19-2012
1. Petitioner is the plaintiff in O.S. 69/10 on the file of the Sub Court, Ottapalam. That suit was one for Specific Performance of an Agreement of sale, and in the alternative for refund of the advance amount of Rs. 1,75,00,000/- paid on the agreement. Ext. P2 is the copy of the plaint. The defendant resisted the suit claim on various grounds, but the execution of the agreement and also receipt of the advance amount, as stated, were admitted by them. Ext. P3 is the copy of the written statement. 2. Suit was instituted paying 1/10th of the court fee and after settling of issues the court directed for payment of the balance court fee the petitioner has an efficacious remedy of filing a revision under Section 115 of the Code of Civil Procedure (for short “the Code”). When that be so, the original petition filed to challenge Ext. P13 the order, according to the counsel. is not entertainable. The learned counsel has relied on A. Venkitasubbiah Naidu V. S. Chellappan and Others ...
Tag this Judgment!Union of India, Rep. by Secretary Ministry of Defence New Delhi Vs. Lt ...
Court: Kerala
Decided on: Mar-19-2012
K. Vinod Chandran,J. 1. Army Postal Service (for short "APS") is manned mostly by experienced employees of Postal Department of Government of India, taken on deputation. These non-Regular-Cadre officers taken on deputation and working along with regular cadre officers and other ranks of Army during service mostly in forward areas are given ranks, uniform, pay and other benefits by the Army. However, the Postal employees going on deputation to Army retain their lien in parent department and retire on superannuation under the Service Rules of the Postal Department. Respondent is one such person who went from Postal Department on deputation to the Army, served rest of his service in the Army, availed housing loan from the Postal Department by virtue of his lien in service, retired at the age of 58 in the rank of Acting Lieutenant Colonel, though regular Army Lieutenant Colonel retires at the age of 52. While every similarly placed Postal employee retiring after service in the Army claim r...
Tag this Judgment!Shibu M. Daniel Vs. Diana T.George and Another
Court: Kerala
Decided on: Mar-16-2012
In this original petition under Article 227 of the Constitution of India, the petitioner seeks the following reliefs: i) to call for returns from the Family Court regarding the postings of the case if found necessary and proper and see whether it had acted within its boundaries of the authority and in sending the blood for a fresh DNA test and obtain a fresh unbiased report about the paternity of the child/2nd respondent. ii) require the Court to send a sample of blood of the parties for DNA test in a laboratory either at Bangalore or Hyderabad and obtain a report or such other or further reliefs which is just and necessary in the interest of justice. iii) Cost of the proceedings. 2. Having heard, I find that the petitioner is the husband of the 1st respondent. The marriage was on 22/8/2005at St. Andrew's CSIChurch, Kollakkadavu, Alappuzha.A child was born on 18/1/2008. Alleging that the petitioner is not providing any maintenance to the 1st respondent and...
Tag this Judgment!Susan Nathan Vs. State of Kerala, Rep. by Secretary to Government, Hom ...
Court: Kerala
Decided on: Mar-16-2012
P.R. Ramachandra Menon, J: 1. Interference declined by the learned Single Judge, dismissing the writ petition in limini, is sought to be interfered in this appeal. 2. The appellant, holder of British passport as well as Israel Passport, is a UK born Israel National, had come to India earlier, on a 'Tourist Visa' on the strength of the 'British passport' in the year 2009. Now, she has come on 'X Visa' on the strength of 'Israel Passport' on 14.10.2010 and is overstaying in the address shown in the cause title, despite the expiry of the said Visa on 16.03.2011 and is trying to continue here, somehow or the other. 3. The appellant is a writer, who proclaims to be a Social worker, Teacher, Community support worker, Counsellor and Group facilitator and that her writings are stated as being accepted and appreciated world wide. The appellant came to India on 14.10.2010 from Tel Aviv, Israel, through Mumbai Airport, reaching Kozhikode for doing voluntary service to teach as 'honourary fa...
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