Kerala Court July 2012 Judgments

M/S. Trivandrum Club, Rep. by Its Hon. Secretary R. Thulasi Vs. the Sa ...

Court: Kerala

Reported in: 2012(3)KLT682; 2012(3)KLJ816

Ramachandran Nair, J. Trivandrum Club, a very old and reputed club in Thiruvananthapuram is the appellant challenging the judgment of the learned Single Judge upholding the levy and demand of luxury tax on rent and other charges collected by the appellant from guests allowed to stay in A/C cottages, A/C rooms and non A/C rooms attached to the club. The appellant has no dispute with regard to the club's liability to pay luxury tax payable under section 4(2A) of the Kerala Tax on Luxuries Act, 1976 ( hereinafter referred to as the Act) which is at the rate of Rs.100/- per member per year, which is collected from the members. However dispute is only with regard to the luxury tax demanded for the rent and other charges collected from guests residing in the above referred rooms and cottages attached to the club except on charges of food and liquor. According to the appellant the liability for luxury tax on room rentals and other charges for accommodation and facilities provided therein is a...

Karunakaran Nambiar Vs. State of Kerala, Rep. by Station House Officer ...

Court: Kerala

Reported in: 2012(3)KLJ685

ORDER 1. This petition was filed by the accused in Crime No. 577/2006 of the Kasaragod Police Station for offence under Section 211 of the Indian Penal Code (IPC) originally seeking an order to quash Annexure D First Information Report. Pending proceedings, police completed the investigation and submitted Annexure E charge sheet before the Judicial Magistrate of the First Class, Kasaragod, alleging the same offence. Cognizance was taken by the learned magistrate and the case was filed as C.C. 1227/2006. Thereupon, the petitioner amended this petition seeking an order to quash Annexure E charge sheet also. 2. The brief facts of the case are that the petitioner filed a private complaint before the Judicial Magistrate of the First Class, Kasaragod as CMP 157/2006 against one Narayanan Nair, his son and wife, alleging offences under Sections 447, 427 and 506 r/w Section 34 IPC. The learned magistrate forwarded the same to the Station House Officer, Kasaragod under Section 156(3) of the Cod...

Nisha Susan George Vs. Alexander Vadekkedam

Court: Kerala

Reported in: 2012(4)ILR(Ker)7; 2012(4)KLJ131; 2012(4)KLT246

K.T. Sankaran, J.1. The petitioner, Nisha Susan George, and her husband Alexander Vadakkedam filed O.P.(DA) No.1065 of 2008 under Section 10A of the Divorce Act before the Family Court, Thiruvananthapuram, on 4.10.2008. The Family Court posted the petition to 6.4.2009, since a waiting period of six months is required under Section 10A of the Divorce Act. On 6.4.2009, both parties were present. On that day, counseling was also done. The case was adjourned to 28.5.2009. On that day, the wife was present, but the husband was absent. A representation was made on his behalf and the case was adjourned to 11.6.2009. On 11.6.2009, the evidence of the husband and the wife were recorded and the case was adjourned to 18.9.2009. The Family Court dismissed the Original Petition for default on 18.6.2009 on the ground that the parties were absent. 2. The wife filed I.A.Nos.1360 of 2011 and 1361 of 2011 in the Original Petition before the Family Court for restoration of the Original Petition dismissed...

Divisional Forest Officer, Rep. by the Public Prosecutor Vs. Abid @ Ab ...

Court: Kerala

Reported in: 2012(3)KLJ833

ORDER The 1st respondent along with 5 others were arrested on 22.12.2005 for offences under Sections 9, 39 (1) (d), 50, 51 read with Section 2(16), 2(36) of the Wild Life Protection Act 1972. The vehicle bearing Registration No.KCE-3151, Maheendra Jeep, was seized as it was alleged to have been used for the commission of the above offences. The 1st respondent filed a petition, as C.M.P.No.1587/2006 before the Judicial Magistrate of the First Class-II (Forest Offences), Manjeri, under Section 451 of the Code of Criminal Procedure. By Annexure-B order, that petition was allowed and the vehicle was ordered to be released to the 1st respondent. Assailing Annexure-B order, this petition under Section 482 of the Code of Criminal Procedure is filed by the investigating officer. 2. Having heard, I find that the issue involved in this case is covered by the decisions of the Apex Court in Section Forestor and another v. Mansur Ali Khan [2004(1) SCC 293] and State of Karnataka v. K.Krishnan [2000...

Arun Kumar. S., S.i. of Police and Another Vs. Abdubaker Sidhique, S/O ...

Court: Kerala

Reported in: 2012(3)KLJ819

ORDER The petitioners are accused 1 and 2 in C.C.957 of 2006 on the file of the Judicial Magistrate of the First Class, Malappuram. The first respondent herein filed the above complaint against the petitioners who are the Sub inspector of Police and woman constable of Kondotty Police Station alleging offences under Sections 321, 323 and 506(ii) read with 34 of the Indian Penal Code. 2. The allegation of the first respondent in Annexure-III complaint is that on 5.9.2004 at about 10 A.M, the first respondent while parking a qualis car bearing No.KL 10L/7139 at the parking space of AJS Bakery, Kondotty, the second petitioner commanded the first respondent to take the vehicle to the police station and accordingly, the vehicle was taken to the police station. Reaching at the police station, the second respondent was wrongfully restrained by the petitioners in furtherance of their common intention and inflicted hurt by beating and hitting with hands on the face and chest; and by kicking at t...

Antony Pattukulangara, Pattukulangara House, Mutathiparambu P.O.,chert ...

Court: Kerala

Ramachandran Nair, J: 1. These two writ appeals are filed by a person elected as a member of the Managing committee of the Sreekandamangalam Service Co-operative Bank Ltd. No.974 (hereinafter called 'Society') against common  judgment of the learned single Judge in two writ petitions declaring the election notification earmarking one seat of the Managing Committee to the depositors constituency  under Section 28 (1C) of the Kerala Co-operative Societies Act (hereinafter called the 'Act') and appellant's election in the said constituency as invalid and against the bye-law of the Society. Based on the resolution passed by the Managing Committee of the Society for holding the election to Managing committee in terms of Rule 34A (1) of the Kerala Co-operative Societies Rules (hereinafter called the 'Rules'). The Co-operative Election Commission notified the election for all the 11 members of the Managing committee representing different constituencies. The bye- law of the Society ...

Seena Vs. Haridas

Court: Kerala

1. The Registry refused to number the O.P.(FC) on the ground that Ext.P5 series of photographs are not the original colour photographs, but they are only black and white photocopy of the photographs. Registry relies on the order dated 14-06-2012 passed by a Division Bench of this Court in W.P.(C) No.11991 of 2012. In that case, the counsel appearing for Guruvayur Devaswom stated that the copy of the Writ Petition served on him did not contain the colour photographs which were exhibited in the Writ Petition. The Division Bench held thus: "It is also appropriate for the Registry to ensure that copies carry the same type of photographs or photocopies of photographs:as are produced in original paper books. If colour photographs are produced or colour photostats of photographs are produced along with the judges papers it is necessary that similar colour photographs or colour Photostat of the photographs are provided to the parties appearing in the case otherwise matter could be treated as d...

K.A. Muhammed Asharaf and Another Vs. the State of Kerala, Rep. by the ...

Court: Kerala

Reported in: 2012(3)KLT815; 2012(3)KLJ691; 2012(4)ILR(Ker)255

ORDER 1. This petition under Section 482 of the Code of Criminal Procedure (Cr.P.C) was filed by the accused in ST 825 of 2003 on the file of the Judicial Magistrate of the First Class, Kodungallur. The second respondent herein filed the above case against the petitioners alleging offences under Section 2(1)(a)(e)(j), 7(i), 16(ia)(ii) and Rules 29 of the Prevention of Food Adulteration Rules, 1955. 2. The case of the second respondent is that on 8.5.2002 the second respondent inspected 'Hotel Star', a hotel run by the petitioner and found that tea powder was stored for preparing tea. From out of a 500 gms packet, 450 gms of tea dust was purchased by the second respondent for analysis, as per the rules. It was packed and sealed in three sample bottles as mandated by the rules and one of the samples was sent to the public analyst for analysis. The public analyst, by report dated 5.6.2002, reported that the sample contained added Synthetic Colouring matter and hence adulterated under Prev...

Johny J. Vilangadan Vs. General Manager, Southern Railway and Another

Court: Kerala

In all these Arbitration Requests, the parties are the same and the questions involved are identical. Therefore, these Arbitration Requests were heard jointly and they are being disposed of by this common order. The applicant and the first respondent entered into different contracts and separate agreements were executed between them. The agreements contain similar arbitration clause. Clauses 64 (3)(a)(i) and 64(3)(a)(ii) read as follows: "64(3)(a)(i)-- In cases where the total value of all claims in question added together does not exceed Rs.10,00,000/- (Rupees Ten lakhs only), the Arbitral Tribunal consist of a sole arbitrator who shall be either the General Manager or a gazetted officer of Railway not below the grade of JA grade nominated by the General Manager in that behalf. The sole arbitration shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Railway." "64(3)(a)(ii) - In cases not covered by clause 64(3) (a)(i), the Arbi...

S. Anandan, President Vs. the Assistant Labour Officer (inspector Unde ...

Court: Kerala

Reported in: 2012(3)KLT347; 2012(3)KLJ233

Petition under Section 482 of the Code of Criminal Procedure. Petitioner is the accused in ST No.51 of 2005 on the file of the Judicial Magistrate of the First Class, Haripad. The first respondent herein, the Assistant Labour Officer, Kayamkulam, filed Annexure-III complaint before the lower court against the petitioner alleging offence under Section 29 of the Kerala Shops and Commercial Establishments Act (hereinafter referred to as 'the Shops Act') with a plea that the petitioner, who is the President of the Kandalloor Farmers Service Co-operative Bank Ltd. No.1410, Kandalloor P.O, (hereinafter referred to as the Bank) is an employer coming under the definition of Section 2(7) of the Shops Act, the Bank is a commercial establishment as defined under Section 2(8) of the Shops Act and that on 22.7.2005 when the first respondent, who is an inspector appointed under Section 25 of the Shops Act, inspected the above establishment, it was found that the petitioner had violated the provision...