Kerala Court August 2012 Judgments

Francis Mukkanical Vs. the General Manager Bsnl.

Court: Kerala

Reported in: 2012(3)KLJ830; 2012(3)ILR(Ker)840; 2012(3)KLT885

Thottathil B.Radhakrishnan,J. C.R. 1. Appellant is a consumer of BSNL, governed by the provisions of the Indian Telegraph Act, 1885. Disputes raised by him were determined by arbitration in terms of section 7 B of that Act. He challenged that award invoking section 34 of the Arbitration and Conciliation Act, 1996, for short, the "AandC Act". The court below held, inter alia, that under sub-section 2 of section 7 B of the Telegraph Act, the award passed under that Act is final and conclusive between the parties and cannot be called in question in any court and therefore, the appellant's application under section 34 of the AandC Act is not maintainable. Hence this appeal. 2. Heard the learned counsel for the appellant, the learned standing counsel for BSNL and the learned Senior Government Pleader. 3. Sub-section (5) of Section 2 of the AandC Act provides that subject to the provisions of sub-section (4), and save in so far as is otherwise provided by, inter-alia, any law for the time be...

Kerala Pre-primary Teachers and Ayahs Association and Others Vs. State ...

Court: Kerala

Reported in: 2012(3)KLJ740; 2012(4)KLT44(SN)(C.No.37)

Ramachandran Nair, J.1. The first appellant, an association of Pre-Primary School Teachers and Ayahs, and the remaining appellants, individual Teachers and Ayahs, filed Writ Petition for a direction to the State Government to give fair/minimum wages for coaching children in the Pre-Primary Schools attached to Government Primary Schools. The Writ Petition filed was dismissed by the learned Single Judge stating that appellants(petitioners) are not employed by the Government and so much so, the Government has no responsibility. This Writ Appeal is filed challenging this finding and for appropriate reliefs. 2. We have heard learned Senior counsel Shri.Abraham Vakkanal appearing for the appellants and learned Government Pleader Shri.Liju Stephen appearing for the respondents. 3. During the first hearing of the Writ Appeal on 03/07/2012, we passed a detailed order stating that Pre- Primary education is mandatory for preparing children for elementary schooling and the Government itself recogn...

Karuthan Ponnaiya and Another Vs. Senior Intelligence Officer State of ...

Court: Kerala

Reported in: 2012(3)KLT817; 2012(3)KLJ698; 2012(3)ILR(Ker)936

ORDER 1. Petitioners are A1 and A3 in O.R. No. DRI/TVM/2/NDPS/2012 of Directorate of Revenue Intelligence, Sub Unit, Thiruvananthapuram. The offences alleged against the accused are under sections 9A r/w 25A, 27A, 28 and 29 of N.D.P.S. Act. Petitioners have been in custody from 05.04.2012 and hence this petition for bail. The final report was already filed in this case and it is pending as S.C. No:681/2012. 2. The learned Special Prosecutor submits that section 27A of the Act is not pressed into service now. It is further submitted that the main section of offence attracted in this case is section 25A of N.D.P.S. Act. 3. It is alleged that the officials of the respondent received reliable information that the petitioners were carrying Ephedrine, a controlled substance as defined under the N.D.P.S. Act, by concealing that substance in their baggages and were trying to board a flight to Singapore. Hence, the officials of the Directorate of Revenue Intelligence (D.R.I.), after complying w...

P.B. Sourabhan and Another Vs. State of Kerala and Another

Court: Kerala

S.S. Satheesachandran, J. 1. A short but interesting question emerges for consideration on the challenges raised to the aforesaid Cri.M.C. filed under Section 482 of the Code to assail Annexure VIII order passed by the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. 2. Facts in brief, to the extent necessary for disposal of this petition, can be summed up thus: 1st petitioner is the father, and the 2nd petitioner, his daughter. Matrimonial disputes of the 2nd petitioner with her husband led to registering of two crime cases at Pettah Police station, Thiruvananthapuram. Crime No.621 of 2011 arose from a complaint filed by the father-in-law of the 2nd petitioner against her father (1st petitioner) alleging of his criminal trespass upon the residential building of the de factor complainant and assaulting him and other members of his family with a deadly weapon causing them grave injuries. The other crime, Crime No.637 of 2011 arose on a complaint given by the 2nd petitione...