Kerala Court May 2012 Judgments
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Kiranlal Vs. State of Kerala Represented by the Secretary to Governmen ...
Court: Kerala
Decided on: May-04-2012
The clearance to be given by the 5th respondent /State Level Authorisation Committee for Renal Transplantation under the Transplantation of Human Organs Act , 1994 ('Act' in short) and Transplantation of Human Organs Rules, 1995 ('Rules' in short) is the subject matter involved . 2. The challenge stands is more as to the vires of the Rules 4A(4)(v) or/and Rule 6F(d)(iv) and seeks for a declaration that the conviction of 8th respondent/donor in Crime No.258/01 of Payyangadi Police Station in respect of offence under section 55(a) of the Kerala Abkari Act (pending in appeal before the Sessions Court, Thalasserry) is not an impediment for giving clearance for the kidney transplantation surgery to be performed in the 6th respondent's hospital. 3. This matter was heard yesterday and since the Court felt the need to have some more clarification, it was posted today as "to be spoken to". Heard Mr. Kaleeswaram Raj, the learned Counsel for the petitioner, Mr. Vijayaraghavan, the State Attorney ...
The Divisional Manager, New India Assurance Co.Ltd. and Another Vs. Mi ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: May-04-2012
JUSTICE SRI. K.R. UDAYABHANU : PRESIDENT The revision petition is filed over the order in IA.967/09 in CC 86/06 in the file of CDRF, Thrissur. The Forum has allowed the application to condone the delay of 9 months in filing the complaint on condition that the complainant pay a sum of Rs.650/- to the Legal Benefit Fund. 2. We find that the order of the Forum is not a considered one. The revision petitioner who are the opposite parties/Insurance Co. has raised the question of limitation in the version itself. It is contended that the alleged incident/death has taken place on 23.2.01 whereas the complaint has been filed in the year 2006. It is seen that the evidence was adduced in the matter and the evidence stands closed ie complainant was examined and documents marked. It is thereafter the issue as to limitation was sought to be decided as a preliminary issue. 3. The matter is with respect to the repudiation of the claim for the assured sum of Rs.5 lakhs with respect to the death of the...
K.K. Builders a Registered Partnership Firm Represented by Its Managin ...
Court: Kerala
Decided on: May-02-2012
ManjulaChellur, Ag. C.J. 1. The appeal is filed by the writ petitioner who lost his case before the learned Single Judge. The appellant writ petitioner a builder is conducting his business in a partnership firm at Peravoor in Kannur District. He claims to have ISO certificate and the activities of the petitioner company includes several engineering contracts under Government, Railways, Local Authorities etc. 2. The 4th respondent herein invited tenders for Riding Quality Improvement and Management(RQIM) works for roads in Package-IV under contract No.KSTP/RQI and M4 and for maintenance of Thalassery-Valavupara Road bearing contract No.KSTP-MC-02(0/600 to 55/127) as per Exts.P8 and P9. The norms prescribed in the tender notifications according to the petitioner are arbitrary and rather not sustainable because the tender notification dated 15.11.2011 consists of four different contracts and again each of them having three to four different road works situated in different districts at a ...
V.K. Venkitachalam Vs. State of Kerala, Represented by Its Secretary, ...
Court: Kerala
Decided on: May-02-2012
Ramachandra Menon J. 1. Whether the dictum laid down by the learned Single Judge of this Court in Nakeri Vasudevan Namboodiri and others versus Union of India,reported in 2007 (4) KHC 140requires reconsideration, with reference to the mandate of the Wildlife (Protection) Act, 1972, [as amended in the year 2003 by Act 16 of 2003] [hereinafter referred to as the Act] governing the transfer of captive animals, particularly captive elephants in the State of Kerala, is the basic question to be considered in these writ petitions filed as Public Interest Litigations by the very same petitioner. 2. In W.P.(C) 34618 of 2007, the petitioner seeks to direct the respondents to take all steps to see that no elephant is transferred to the State of Kerala, in contravention of Section 43 of the Wildlife (Protection) Act, 1972 and also to direct the second respondent to take appropriate action on Ext.P4 representation ventilating the grievances. In the other writ petition, the petitioner seeks to issue...
V.S. Achuthanandan Vs. State of Kerala, Represented by Chief Secretary ...
Court: Kerala
Decided on: May-02-2012
Manjula Chellur, Ag.C.J. This interim application is filed by the petitioner in the above case. 2. Originally in the writ petition, the petitioner sought for writ of mandamus directing the State of Kerala to hand over investigation of crime No.59/11 of Kozhikode Town Police Station to Central Bureau of Investigation (CBI). By interim order dated 27.9.2011, the High Court in the above matter decided to monitor the progress of the investigation of the case. 3. The Special Investigation Team (hereinafter referred to as “SIT”) filed a report after completion of the investigation. The report submitted by the SIT is kept in a sealed cover. According to the petitioner, as it forms part of the records of the High Court, Rule 85 read with 128 of Kerala High Court Rules provides entitlement of the petitioner to inspect the same and obtain copies of the said documents. In the absence of the records in question, not falling within the ambit of Rule 90 of the High Court Rules, the petit...
Dr. Rahul Ravind and Others Vs. State of Kerala Rep. by Secretary Heal ...
Court: Kerala
Decided on: May-02-2012
Manjula Chellur, Ag.C.J. 1. WA 315/2012 is filed challenging an order dated 22.2.2012 refusing an interim relief in W.P.No. 4279/2012, by the learned single Judge. 2. The Writ Petition came to be filed by the petitioner challenging Ex.P3 an order issued by the State Government, alleging the same as contrary to the stipulation contained in clause 9 of Ex.P1 Prospectus. The appellant appeared for Common Entrance Examination for admission to Post Graduate Medical Course in the State. In Ex.P3, the State Government had given concession or relaxation to service quota candidates sofaras negative marks, hence it is contended that Ex.P3 is in violation of Article 14 of the Constitution of India and sought for quashing the same. As the learned Single Judge refused interim relief of staying the operation of Ex.P3, appellant filed this appeal. All are required to appear for Common Entrance Examination and only those candidates securing minimum of 50 marks at the examination would be eligible for ...
State of Kerala, Rep.by Secretary to Government, Law Department and Ot ...
Court: Kerala
Decided on: May-02-2012
Ramachandra Menon J. Does it require any 'wrongful intention or a corrupt motive' in connection with any act/omission, to constitute any delinquency in respect of Section 8 (1) (a) of the Notaries Act to remove the name of a Notary from the Register maintained under Section 4, as provided under Section 10 (d) of the Act, read with Rule 13 (12) (b) of the Notaries Rules 1956, is the primary question. A Notary who is bound to discharge the notarial acts as per the specific provisions of the Act/Rules, if attests an affidavit without signature of the deponent therein, certifying that the deponent had subscribed his/her signature in his presence, will it constitute any misconduct/professional misconduct to be proceeded with, is the specific point to be answered. Whether the law declared by a learned Single Judge of this Court in Mohandas Vs. State of Kerala (2001 (3) KLT 174) that, in order to characterise certain act or omission as misconduct/ professional misconduct, there must be 'wrong...
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