Kerala Court June 2012 Judgments

M.V. Francis @ Baby and Another Vs. C.K. Indira and Others

Court: Kerala

Ramakrishna Pillai, J 1. The driver and the registered owner of a jeep involved in a road traffic accident occurred on 5.5.1987 are before us in appeal. 2. Though this Court by judgment dated 18th July 2011 had modified the impugned award, the said judgment was recalled after condoning the delay as per order dated 11th April 2012 on R.P.Nos.698 of 2011 and 365 of 2012 filed at the instance of the 6th respondent Insurance Company. Thus, the matter has come up before use for fresh consideration. 3. The facts in brief are as following: The Jeep belonging to the 2nd appellant which appears to have been involved in crime relating to the carriage of cashew nut (it was an offence as per the then existing law) was seized along with the contraband articles by the police on 30.4.1987. It had to be produced before the Revenue Divisional Officer under the relevant law. As the seized vehicle and the articles could not be produced on the date of seizure or on any subsequent dates, the vehicle which ...

Asst. Secretary, Electricity Department Thrissur Corporation and Anoth ...

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, Trissur dated 30.11.10. The appellants are the opposite parties and the respondent is the complainant in the above OP. 2. In the complaint, the complainant is having a case that he is a consumer of the opposite parties and he paid regularly all electricity charges and there is no chance for arrears. But the appellants issued a notice for an arrears of Rs.7579/- for the period up to 2/01. The said amount is demanded since 98 April and the notice lacks any reading or other details. As the amount is demanded since 98 April, it is time barred also. The appellants never informed that if the amount is not paid, they will disconnect the electric supply. The complainant is running the firm by self employment for earning his livelihood. The issuance of the said arrears of bill shows deficiency in service on the part of the opposite parties and also the complaint. The Forum below issued notice to the opposite pa...

Devarajan Vs. State of Kerala

Court: Kerala

Reported in: 2012(3)KLT149; 2012(3)KHC60; 2012(3)KLJ241

Petitioner is the accused in C.C.No.502/2009 on the file of the Judicial First Class Magistrate, Malappuram. He filed a nomination paper to contest the election to the last Lok Sabha Election from Ponnani constituency. An affidavit was also sworn to and produced with his nomination paper as mandated by Section 33A of the Representation of Peoples Act, 1951 (for short R.P. Act). That affidavit contained a false averment and the Form 2A filed with nomination contained false statement, suppression of his previous conviction in a criminal case, was the basis of a complaint from the returning officer, on which a crime was registered for the offence punishable under Section 125A of the R.P Act. After investigation of the crime Annexure A2 report was filed indicting the petitioner for the aforesaid offence. Petitioner has filed the above petition under Section 482 of the Code of Criminal Procedure (for short the 'Code') to quash the criminal proceedings against him contending that he was not ...

State of Kerala, Represented by the Secretary to Government, General E ...

Court: Kerala

Ramachandran Nair, J. 1. This Writ Appeal is filed by the State challenging the judgment of the learned Single Judge declaring respondent's eligibility for leave for higher studies under Rule 91A of Part I of Kerala Service Rules (K.S.R.) and granting consequential service benefits to him. We have heard Government Pleader appearing for the appellants and counsel appearing for the respondent. 2. The respondent with B.Sc. degree in Physics and B.Ed. was appointed as Upper Primary School Assistant on 3.8.1999 based on his selection by the PSC. After serving five years as a UPSA, the respondent applied for leave under Rule 91A for Post-graduate studies i.e. M.Sc. Physics. Though the leave was applied for under Rule 91A, it was granted after the respondent joined M.Sc. course vide Ext.P4 dated 16.7.2005 wherein it is seen that leave applied for under Rule 91A was granted under Rules 82 and 88 of Part I, K.S.R. While leave granted under Rules 82 and 88 do not entail any service benefits to t...

Kuriachan Chacko, Ernakulam and Others Vs. the Secretary to Government ...

Court: Kerala

Reported in: 2012(3)KLJ303

1. Petitioners are the accused in a crime, in which after investigation charge was laid against them under Section 3, 4 and 5 of the Prize Chits and Money Circulation Scheme(Banning) Act, 1978 (for short “the Act”) and Section 420 of the Indian Penal Code. The case is now pending trial, with evidence partly recorded. Ext.P7(2) order passed by the Government appointing 4th respondent as Special Public Prosecutor in the case is challenged, and the writ petition is to quash the same. a declaration that 4th respondent is ineligible to be considered for appointment as Special Public Prosecutor, and also forbearing the implementation of Ext.P7(2) order and handing over the records of the case to 4th respondent are also canvassed for. 2. According to the petitioners/accused the crime was registered against them on the direction of the 3rd respondent, who was previously the Inspector General of Police, South zone, Thiruvananthapuram. While the trial of the case proceeded and after ...

Dr. Jyothi Mariam John Vs. Union Christian College, Rep. by Its Manage ...

Court: Kerala

Reported in: 2012(3)ILR(Ker)155; 2012(3)KLT387

RamachandranNair, J. Writ petition is filed challenging Ext.P4 order whereunder petitioner is removed from the post of Head of the Chemistry Department with immediate effect and by same order 4th respondent is given charge as the Head of the Department. We have heard counsel appearing for the petitioner, Management, Principal and the contesting parties including 3 Associate Professors who got impleaded as additional respondents and also the standing counsel for Mahatma Gandhi University to which the 1st respondent college is affiliated. 2. On retirement of the Head of the Department on 31-03-2011 the petitioner was appointed as Head of the Department of the Chemistry Department vide Ext.P1 order of appointment dated 30-03-2011. It is seen from Ext.P1 that the petitioner's appointment was for 3 years from 01-04-2011 or till her retirement whichever happens earlier. However, on being dissatisfied with the performance of the petitioner as Head of the Department in the course of nearly a y...

The Chairman and Managing Director, New India Assurance Co. Ltd. and O ...

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, Thiruvananthapuram in OP No. 295/04 which filed on 22.07.04, order dated 30.04.2011. The appellants are the opposite parties and respondent is the complainant respectively in the above order. 2. This appeal prefers under the order passed by the Forum below that directed the opposite parties to pay Rs.1,58,980/- with 12% interest from the date of filing of the complaint from 22.07.04 till realization along with a cost of Rs.2,000/- to the complainant. Since interest has been ordered, there is no separate order as to compensation. 3. In short, the complainants car Fiat Uno car, which insured with the opposite parties Insurance Company for an amount of Rs.1,52,000/- being IDV value of the car fixed by the Insurance Company that on 05.07.2006. The car met with an accident at Vazhuthacaud, Thiruvananthapuram, causing heavy damage to it, that the accident was reported to the 3rd appellant and the police a...

Thankayyan Vs. State of Kerala and Others

Court: Kerala

Reported in: 2012(3)KLT163; 2012(3)ILR(Ker)176; 2012(3)KLJ291

1. The petitioner is the father of an unfortunate young boy, who was arrested by the Police. The sequence of events started from the date when one girl went missing. Her parents lodged a complaint before the police. A man - missing case was registered by the police. The girl returned after four days. It was found that the girl was in the company of the petitioner’s son and three of his friends. Thereafter, as requested by the police, the parents of the girl and the girl went to the police station and gave statements to the police. The girl submitted that she had not been in any way harmed by the youths. The girl was referred for medical examination, in which it was proved that she was not subjected to any kind of sexual intercourse. The girl and her parents had no complaint against the petitioner’s son and the other youths, in whose company the girl had been. It appears that the girl had some difference of opinion with her parents, which was the reason for her to leave her ...

Hari Kumar Vs. B. Sudha

Court: Kerala

Reported in: 2012(3)KLT888

K.T. Sankaran, J. The appellant and the respondent filed an application under Section 13B of the Hindu Marriage Act before the Family Court, Thiruvalla. The Family Court numbered the case as O.P. (HMA) No.461 of 2004. Six months after the filing of the Original Petition, both parties were present before the Family Court and they wanted a decree of divorce to be passed. 24.6.2005, the Family Court passed the following order. “Both are present. The 1st petitioner is at present known to be living with another lady and is having two children in that relation. 2nd petitioner does not want to remarry. 1st petitioner is not paying any amount for the maintenance of 2nd petitioner also and that it appears that petition is a collusive one. Hence O.P. dismissed.” 2. The order passed by the Family Court on 24.6.2005 is under challenge in the Matrimonial Appeal. 3. The respondent/wife filed an affidavit dated 1.7.2011 and an application to dispose of the appeal at the earliest. In parag...

K. Rema Vs. State of Kerala and Others

Court: Kerala

Reported in: 2012(3)ILR(Ker)275; 2012(3)KLT65(SN)(C.No.65); 2012(3)KLJ641

The petitioner and the fifth respondent are Lower Primary School Assistants of St. Antony's L.P.School, Kavallur in Trichur District. The fifth respondent has continuous approved service with effect from 02.06.1997 and she is senior to the petitioner who has continuous approved service only with effect from 01.06.1999. The staff strength of St. Antony's L.P. School for the academic year 2009-2010 was fixed by Ext.P1 order dated 28.07.2009, issued by the Assistant Educational Officer, Cherpu. There was reduction of one division in Standard II, as a result of which, one post of L.P. School Assistant was abolished. The fifth respondent who has continuous approved service with effect from 02.06.1997 was found eligible for protection and her name was reported to the Deputy Director of Education, Thrissur for deployment. The petitioner, the junior most teacher then in service, was retrenched with effect from 15.07.2009. 2. Shortly thereafter, by Ext.P2 order dated 22.08.2009, the Government ...