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Kerala Court April 2014 Judgments

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Apr 22 2014

Swathish Vs. State of Kerala

Court: Kerala

Decided on: Apr-22-2014

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE22D DAY OF APRIL20142ND VAISAKHA, 1936 Crl.MC.No. 2332 of 2014 () ------------------------------------- CRIME NO. 732/2012 OF NJARAKKAL POLICE STATION , ERNAKULAM PETITIONER(S)/ACCUSED: ------------------------------------ 1. SWATHISH, AGED22YEARS, S/O.SATHYAN, THAIPADATH VEETTIL, VALAPPU WEST, ELANKUNNAPUZHA VILLAGE, MALIPURAM, KOCHI TALUK, ERNAKULAM DISTRICT, PIN-682511.2. ROOPESH (MINOR), AGED17YEARS, S/O. SATHYAN, THAIPADATH VEETTIL, VALAPPU WEST, ELANKUNNAPUZHA VILLAGE, MALIPURAM, KOCHI TALUK, ERNAKULAM DISTRICT, PIN-682 511, THROUGH HIS FATHER SATHYAN, AGED53YEARS, S/O. KUNJAPPAN, THAIPADATH VEETTIL, VALAPPU WEST, ELANKUNNAPUZHA VILLAGE, MALIPURAM, KOCHI TALUK, ERNAKULAM DISTRICT, PIN-682511. BY ADV. SRI.K.V.SURESH KUMAR RESPONDENT(S)/STATE, COMPLAINANT & INJURED : ---------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC ...


Apr 22 2014

Oliver D' Souza Vs. Dr. Mary Oliver D' Souza

Court: Kerala

Decided on: Apr-22-2014

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE22D DAY OF APRIL20142ND VAISAKHA, 1936 OP (FC).No. 214 of 2014 (R) ---------------------------- PETITIONER(S): -------------------------- OLIVER D' SOUZA AGED50YEARS S/O.LAWRENCE D'SOUZA, SREERADHA APARTMENTS FLAT NO.201, PLOT NO.2076, SECTOR9M.M.EXTENSION, BELGAUM-590 016 KARNATAKA STATE. NOW RESIDING AT APARTMENT NO.8C DEWDROPS FAVOURITE HOME, KUNJU RAMAN ROAD MEDICAL COLLEGE. P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ANIL RESPONDENT(S): ---------------------------- DR. MARY OLIVER D' SOUZA, AGED41YEARS D/O.ABRAHAM GEORGE, 9-A, CLIFF DALE YMR ROAD, NANTHANCODE, KOWDIAR THIRUVANANTHAPURAM.695 018. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON2204- 2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC).No. 214 of 2014 (R) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------------------------...


Apr 22 2014

M/S. Kims Cancer Care and Research Center Pvt. Ltd. Vs. the Additional ...

Court: Kerala

Decided on: Apr-22-2014

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR.JUSTICE ALEXANDER THOMAS TUESDAY, THE22D DAY OF APRIL20142ND VAISAKHA, 1936 WA.No. 628 of 2014 () IN WP(C).7224/2014 ------------------------------------------ AGAINST THE JUDGMENT IN WP(C) 7224/2014 of HIGH COURT OF KERALA DATED0304-2014. APPELLANT(S)/PETITIONER: ------------------------ M/S. KIMS CANCER CARE AND RESEARCH CENTER PVT. LTD. P.B.NO.1, ANAYARA P.O. TRIVANDRUM-695 029. BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.C.S.SULEKHA BEEVI SMT.ROSIE ATHULYA JOSEPH RESPONDENTS/RESPONDENTS: ------------------------ 1.THE ADDITIONAL DIRECTOR DIRECTORATE OF REVENUE INTELLIGENCE MUMBAI ZONAL UNIT5h FLOOR, UTI BUILDING, OPPOSITE PATKAR HALL, NEW MARINE LINES, MUMBAI-400 020. 2.THE DEPUTY DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, MUMBAI ZONAL UNIT5h FLOOR, UTI BUILDING, OPPOSITE PATKAR HALL, NEW MARINE LINES, MUMBAI-400 020. 3.THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF ...


Apr 21 2014

Dr. K.P. Musthafa, Proprietor, Fathima Hospital and Others Vs. Jane Tr ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on: Apr-21-2014

K. Chandradas Nadar : Judicial Member In these appeals the common order in OP.Numbers.306/2004 and 307/2004 pronounced by the CDRF, Kozhikode is challenged by the opposite parties. The said original petitions were filed on identical allegations. The first opposite party is the proprietor of Fathima Hospital, Kannur. OP No.2 was the pediatrician attached to the said hospital. The 3rd opposite party was a gynaecologist working in the same hospital. The petitioner in OP No.306/04 was admitted in the hospital for her first delivery on 09.10.98. It is alleged in the complaint that instead of waiting for natural delivery, opposite party No.3 the gynaecologist insisted for caesarean operation on that day itself and a male child was born to the complainant on 09.10.98. After delivery the opposite parties especially op.no.2 and the so called nursing staffs of the hospital were totally negligent in taking care of the new born baby. As a result the new born baby had an attack of jaundice and subs...


Apr 08 2014

G. Bhagavat Singh Vs. K.L. Francis and Another

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on: Apr-08-2014

P.Q. Barkathali: President This is an appeal filed by the complainant in CC.641/11 on the file of CDRF, Ernakulam under section 15 of the Consumer Protection Act challenging the order of the Forum dated, March 29, 2012 closing the complaint. 2. The case of the complainant as testified by him as PW1 and as detailed in the complaint before the Forum in brief is this:- The appellants/opposite parties are husband and wife. They sold 1.31 Ares of land belonging to the 2nd opposite party to the complainant for Rs.7 lakhs on conditions that the complainant assigns the contract for constructing the house in the property of the opposite parties for Rs.28.lakhs. Ext.A1 is the said agreement dated, May 12, 2011 executed between the complainant and the opposite parties. On that day itself PW1 paid Rs.10 lakhs to the opposite parties. PW1 paid Rs.8 lakhs on June 08, 2011. The sale deed was executed on August 23, 2011. On July 16, 2011 the first opposite party requested to release Rs.2 lakhs, but th...


Apr 08 2014

Axis Bankl Ltd., Alappuzha Branch, Mullackal, Alappuzha, R/by Its Bran ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on: Apr-08-2014

P.Q. Barkathali: President This is a reference made under section 14(2) A read with section 18 of Consumer Protection Act. A Bench consisting of Members Smt.Radha and Smt.Santhamma Thomas disagreed and Member Smt.Santhamma Thomas dismissed the appeal while Member Smt.Radha allowed the appeal and dismissed the complaint. 2. The appeal was filed by the opposite party in CC.132/08 challenging the order of the Forum dated, November 30, 2011 directing the opposite party bank to return to the complainant Rs.15,394/- being the amount illegally debited from the account of the complainant and to pay compensation of Rs.5000/-. 3. The case of the complainant as testified by him as PW1 before the Forum and as detailed in the complaint in brief is this:- Complainant is an ATM card holder of the opposite party, M/s Axis Bank Limited. In May 30, 2008 complainant withdrew a total amount of Rs.49,500/- by 4 times. On June 02, 2008 the opposite party bank illegally debited Rs.15,394/- from the account o...


Apr 07 2014

Radhakrishnan Vs. State of Kerala

Court: Kerala

Decided on: Apr-07-2014

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY, THE7H DAY OF APRIL201417TH CHAITHRA, 1936 Bail Appl..No. 2452 of 2014 () ------------------------------- CRIME NO. 444/2011 OF ANCHALUMMOODU POLICE STATION, KOLLAM ------------ PETITIONER/1ST ACCUSED :- ------------------------- RADHAKRISHNAN AGED32YEARS S/O. RAMACHANDRAN PILLAI, INDIRA BHAVANAM ASHTAMUDI P.O., THRIKKARUVA. BY ADVS.SRI.K.SIJU SMT.BINDU GEORGE RESPONDENT(S) :- ------------------ STATE OF KERALA THROUGH THE S.I. OF POLICE ANCHALUMOODU POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0704-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.-------------------------------- B.A. No.2452 of 2014 ------------------------------- Dated this the 7th day of April 2014 ORDER Petitioner is the first accused in Crime No.444/2011 of Anc...


Apr 07 2014

Abdul Rafeeque Vs. the Revenue Divisional Officer

Court: Kerala

Decided on: Apr-07-2014

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE7H DAY OF APRIL201417TH CHAITHRA, 1936 WP(C).No. 10177 of 2014 (V) ---------------------------- PETITIONER(S): -------------- ABDUL RAFEEQUE, AGED36YEARS S/O.MUHAMMED, CHERIYAMBADAN KUDUKKIL HOUSE, PULIKKAL MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): -------------- 1. THE REVENUE DIVISIONAL OFFICER/SUB DIVISIONAL MAGISTRATE PERINTHALMANNA, MALAPPURAM DISTRICT, PIN67932.2. THE SUB INSPECTOR OF POLICE VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT PIN67364. SMT.C.K.SHERIN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0704-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC WP(C).No. 10177 of 2014 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT-P1: TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE2D RESPONDENT DATED, 3.4.2014. RESPONDENT(S)' EXHIBITS : NIL RKC //TRUE COPY// PA...


Apr 07 2014

Advt. N.K. Unnikrishnan Vs. Priya Peethambaran

Court: Kerala

Decided on: Apr-07-2014

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE7H DAYOF APRIL201417TH CHAITHRA, 1936 FAO.No. 58 of 2014 () ---------------------- I.A. NO.1265/2013 IN OS. NO.733/2013 OF SUB COURT, CHAVAKKAD. ......... APPELLANT/PETITIONER: --------------------------------------- ADV. N.K. UNNIKRISHNAN, AGED56YEARS, S/O.NEDIYIRIPPIL KARAPPAN, KAZHIMBRAM DESOM, VALAPAD VILLAGE, CHAVAKKAD TALUK, NOW RESIDING AT 'ASWATHY', AYYANTHOLE VILLAGE AND DESOM, THRISSUR TALUK, THRISSUR DISTRICT. BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE. ADV. SMT.P.A.SHEEJA. RESPONDENTS/RESPONDENTS: ---------------------------------------------------- 1. PRIYAPEETHAMBARAN, AGED43YEARS, D/O.ULLOOKKARAN PARAMBIL THARANATHAN, SAHYADRI, UDAYAGIRI NAGAR, MLA ROAD, UDAYAMPEROOR, THRIPUNITHURA, ERNAKULAM, PIN-682 307.2. PRASANTH, AGED41YEARS, S/O.ULLOOKKARAN PARAMBIL THARANATHAN, AANAPPUZHA DESOM, METHALA VILLAGE, KODUNGALLOOR TA...


Apr 05 2014

Satheesan, Proprietor, Darsana Traders Vs. M. Gopinathan and Another

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on: Apr-05-2014

P.Q. Barkathali: President This is an appeal filed by the 1st opposite party in CC.132/12 on the file of CDRF, Alappuzha challenging the order of the Forum dated, July 31, 2012 directing the 1st opposite party to replace defective fridge by a new one and to pay compensation of Rs.5000/- and a cost of Rs.1000/-. 2. The case of the complainant as detailed in the complaint before the Forum in brief is this:- Complainant purchased a Godrej Refrigerator from the first opposite party for Rs.14,800/-. Ext.A1 is the cash receipt dated, October 30, 2006. Ext.A2 is the warranty card. Refrigerator has a 10 year Rust Protection Plan. During 2008 the lower side of the refrigerator became affected with rust. Though the said fact was communicated to the first opposite party he did not do anything. From 2011 October onwards refrigerator became defective. M/s JS Services, the service provider of the first opposite party have collected Rs.950/- towards the cost of repair. On October 29, 2011 the service...


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