Kerala Court July 2012 Judgments

Shri. Baby Varkey, Former President, Erattayar Grama Panchayat and Ano ...

Court: Kerala

1. The three accused who faced trial before the Enquiry Commissioner and Special Judge, Thrissur, and convicted of the offences under sections 13 (1) (c) and 13(1)(d) r/w 13(2) of P.C. Act 1988 and sections 120-B, 409, 468, 471, 477A and Section 204 of IPC are the appellants in these appeals. They were sentenced to undergo rigorous imprisonment for four years each and to pay a fine of Rs.50,000/- each for the offences under sections 13(1)(c) and 13(1)(d) r/w 13(2) of P.C. Act. Besides they were also sentenced to various terms of imprisonment for other offences for which they were found guilty and convicted. 2. Criminal Appeal No:554/2001 is the appeal filed by accused nos.2 and 3 in the aforesaid case and Criminal Appeal No.555/2001 is the appeal filed by accused no.1 in that case. The first accused was the Secretary and the second accused was the President of Erattayar Grama Panchayath. The third accused was then working as Upper Division clerk in that Panchayath. It was alleged that ...

The Manager, Icici Bank Ltd., Car Loan Division, Kanjikkuzhy, Kottayam ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

M.K. ABDULLA SONA : HON. ACTING PRESIDENT On this day this appeal came before this commission for final hearing; the counsel for the appellant and the respondent/complainant appeared as party in person before this commission. The counsel for the appellant argued that on the basis of the grounds of appeal memorandum that the Forum below passed the order in CC No. 180/06 dated:29.10.08; directed the opposite parties to redraw the amortization schedule afresh on the basis of the amount of Rs.61,547/- and issued to the complainant and the complainant shall within one month of the issuance of the said schedule commence to repay the same. The opposite parties are disentitled to impose any penal interest or any other charge over the period till the said schedule is issued to the complainant. An amount of Rs.1,000/- is ordered to be paid by the opposite party to the complainant towards costs. 2. This appeal prefers from the above order passed by the Forum below. The fact of this case is that t...

M/S Akbar Travels and M/S. Benzy Holidays, Rep. by the Chief Executive ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

M.K. ABDULLA SONA : HON. ACTING PRESIDENT This appeal prefers from the order passed by the CDRF, Ernakulam in CC No. 333/2010 order dated: 31.01.2012 which filed on 5.06.2010. The appellants are the opposite parties 1 ,2, 4 and 5. The respondents are the complainant No.1 to 13 in the above said CC. 2. The appellants prefers this appeal under the order of the Forum below that; the opposite parties shall pay the proportionate amount of Rs.24,300/- to the 13 complainants out of the 15 participants in the tour package and the other 2 having not been contestants. The opposite parties shall jointly and severally refund the amounts proportionately as per Ext.A3 to A6 in Indian currency with interest 12% p.a. from the date of complaint till payment. The opposite parties shall jointly and severally pay an exemplary compensation of Rs.20,000/- each to the complainants for the unnecessary mental agony which could have been avoided. The Forum below also directed that the above said order shall be ...

Vijayakumar Vs. Suresh and Others

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI. M.K. ABDULLA SONA : HON. ACTING PRESIDENT This appeal prefers from the order passed by the CDRF, Thrissur dated 26.3.2012 in C.C. No. 175/06. The appellant is the 3rd opposite party and the respondents are the complainant and first and second opposite parties. In the above said O.Ps the appellant prefers under the direction of the Forum below that to return the kuri pass books amount after deducting the Foremans commission with the interest @ 12% from the date of the complaint till realization within 2 months from the date of receipt of the copy of the order. On this day, this appeal came before this Commission for admission, the counsel for the appellant argued that the order passed by the Forum below against appellant/3rd opposite party is wrong and unsustainable in the eyes of law. He submitted that as per the Companies Act 1957, the 3rd respondent is the Managing Director of the first opposite party, company which was a body corporate. His main contention is that; in a compan...

Linish P. Mathew Vs. Mruthula Mathew

Court: Kerala

K.T. Sankaran, J. The question of law involved in these appeals is whether it is necessary to pass a decree nisi under Section 16 of the Divorce Act, 1869 (Act IV of 1869), where a joint application is filed by the husband and wife under Section 10A of the Divorce Act for dissolution of marriage by mutual consent, in a pending appeal against the decree passed by the District Court. 2. The respondent (wife) filed O.P.(Div.) No.1064 of 2008 on the file of the Family Court, Alappuzha against the appellant (husband) for declaring their marriage to be null and void and in the alternative for a decree of divorce. The Family Court dismissed the prayer for declaration of nullity of marriage. However, the Family Court granted a decree of divorce and declared that the marriage between the parties will stand dissolved with effect from the date of decree. Challenging the decree passed by the Family Court, the husband filed Mat. Appeal No.453 of 2011. The wife filed Cross Objection No.49 of 2011 in...

E.A. Sreesan Vs. the Manager, P.M.S.A. High School, Elamkur, Malappura ...

Court: Kerala

Abdul Rehim, J. 1. All these three appeals arise out of a common judgment of the Single Judge. Appellant in these three cases is the party respondent in all three writ petitions. For the sake of convenience, parties are described as in the order in Writ Appeal No.304/2012. Question arising for consideration is as to whether relinquishment of a claim for promotion made by the first respondent will operate as a permanent bar for promotion in the future arising vacancies. 2. The 1st respondent was appointed as Peon in the 5th respondent's school during the year 1986. When vacancy of a Clerk arose in the year 1993, he submitted relinquishment of promotion, to the Manager. In the year 2006 when another vacancy of Clerk arose due to retirement of one Smt.Radha, Ext.P1 letter withdrawing the relinquishment was submitted by the 1st respondent and he claimed promotion. The Manager accepted the withdrawal of relinquishment and promoted the 1st respondent. The appellant herein, who is admittedly ...

Sarala and Another Vs. Vijayan and Another

Court: Kerala

Reported in: 2012(3)KLT838

Thomas P. Joseph, J. 1. Heard. Admit. 2. The following substantial question of law is framed for a decision: Whether the courts below are correct in entering a finding that the civil court has no jurisdiction to grant the relief of declaration sought in the light of the constitution of the Tribunal for Local Self Government Institutions (for short, "the Tribunal") and the bar under Section 563 of the Kerala Municipality Act, 1994 (for short, "the Act")? 3. Respondents appear through counsel. 4. In view of the substantial question of law framed for a decision which does not require calling for the entire records and a copy of the plaint and the written statement filed by the 2nd respondent are given to me for perusal, as agreed by the learned counsel on both sides records are not called for, for disposal of this appeal. 5. Plaintiffs are the appellants. They sued the respondents-defendants in the Principal Munsiff's Court, Kollam in O.S. No.133 of 2000 for a declaration of title and pos...

T.R. Sambasivan Nair Vs. the Kerala State Co-operative Employees Pensi ...

Court: Kerala

Reported in: 2012(3)KLT129(SN)(C.No.134)

Ramachandran Nair, J. 1. Heard learned counsel for the appellant and learned Standing Counsel for the State Co-operative Employees Pension Board. 2. The question raised is whether the Pension Board is liable to pay interest for belated payment of pension. What is conceived under the Scheme is allotment of individual code numbers to employees and monthly remittance of contribution by the employer Society. The Scheme also provides for advance submission of application with recommendations through the Society, so that soon after retirement, the employee starts getting eligible pension. In this case, the defence put forward by the Pension Board is that the Society was a chronic defaulter in payment of contribution and in fact in the account of the appellant, first contribution was made after 20 years of his service and thereafter also, with interest payments were made in installments. Learned Standing Counsel for the Pension Board submitted that application was received for pension only on...

P.P. Usha, Special Grade Secretary Pappinissery Grama Panchayath Vs. S ...

Court: Kerala

Reported in: 2012(3)KLT113(SN)(C.No.115); 2012(3)KLJ512; 2012(3)ILR(Ker)950

'Vanity and arrogance can have no room in the discharge of official functions and duties', is a salutory slogan in service jurisprudence. Nonetheless, the case on hand unravels the plight of an employee who became a victim of arrogance and vanity of the first and the fourth respondents. The petitioner joined the Pallikkunnu Grama Panchayat as Special Grade Secretary on 27.12.2010. She applied for earned leave from 12.1.2011 to 31.3.2011 on medical ground. Since her service book was not available in the office of the second respondent-Deputy Director of Panchayat, Kannur, pending decision thereon, the second respondent directed her to hand over charge to the Junior Superintendent of Pallikkunnu Grama Panchayat vide Ext.P1 proceedings dated 14.1.2011 and the latter was directed to take full additional charge of Special Grade Secretary, with a view to avert any possible disturbance in the quotidian functions of the said office. Accordingly, she handed over the charge to the Junior Superin...

Venugopalan S/O. Velayudhan Nair Vs. Jayasree V. Nair, D/O. Gopala Kur ...

Court: Kerala

K.T.Sankaran, J. The order dated 1.2.2012 in I.A.No.180 of 2012 in I.A.No.171 of 2012 in O.P.No.74 of 2012 on the file of the Family Court, Malappuram is under challenge in this appeal filed by the husband of the respondent. Hereinafter, the appellant is referred to as `the husband' and the respondent is referred to as `the wife'. 2. In the marital relationship between the appellant and the respondent, two children were born. They were staying in the house situated in the property in the name of the husband. The wife has a case that the said property was purchased utilising her funds. The relationship between the husband and the wife became stained. There are allegations of assault and cruelty against each other. On 16.1.2012, the wife filed O.P.No.61 of 2012 before the Family Court, Malappuram against the husband and others for realisation of money and ornaments belonging to the wife and which were allegedly misappropriated by the respondents. On an application filed by the wife, the ...