Kerala Court October 2015 Judgments
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Ruchi Infrastructure Limited, Indore, represented by The Manager Thoma ...
Court: Kerala
Decided on: Oct-01-2015
1. The petitioner is a Company incorporated under the Companies Act, 1956 having its Registered Office at Mumbai and Administrative Office at Indore. The petitioner is engaged in the import of Edible Oil like RBD Palmolein, which is a refined, bleached and deodorised form of palm oil, through various Ports in India. 2. The petitioner, in the course of its business, entered into Exts.P1 and P1(a) contracts dated 16.02.2001 and 30.05.2001 respectively with M/s.Aavanti Industries Private Limited, Singapore, for the import of RBD Palmolein (edible grade) in bulk. The foreign seller shipped the goods against various Bills of Lading during the period from 04.06.2001 to 14.07.2001 in vessels 'HOKUSHIN VOY. 13/01' and 'MTL SARAH V. 126'. According to the petitioner, 5755.482 MTs of subject consignment was loaded against those Bills of Lading in the vessel 'HOKUSHIN VOY. 13/01' against Ext.P1 contract, which arrived at Cochin Port and the Bills of Entry for 3155.428 MTs and 2600 MTs were submit...
N. Saikumar Vs. Registrar of Coir Co-Operative Societies/Director of C ...
Court: Kerala
Decided on: Oct-01-2015
Common Judgment: 1. The petitioner, the President of Muttappalam Coir Vyavasaya Co-Operative Society, which is a member of the second respondent Apex Society, has a grievance that the Administrative Committee, at the helm of affairs as an interim arrangement, took a drastic measure of amending the byelaws of the society. According to him, the decision to amend the bye-law is without any justification, much less any compulsive need, before subjecting the said Federation to elections as has been directed by this Court in Ext.P2 judgment. 2. Similarly, the petitioner in W.P.(C) No. 5179 of 2015, a member society of the second respondent Federation, has filed the writ petition questioning the inordinate delay in the Administrative Committee s holding the elections to the said Federation. According to him, despite the lapse of considerable time after the supersession of the Managing Committee, the Administrative Committee has been dragging its feet on the issue. 3. In my view, the relief in...
K.S. Abdul Wahab Vs. The Secretary Regional Transport Authority Ernaku ...
Court: Kerala
Decided on: Oct-01-2015
1. Does the Motor Vehicles Act, 1988 ( the 'Act' for short) contemplate a renewal of an application filed for renewal of a regular permit ? 2. The petitioner was the holder of a regular permit to conduct service on the inter-regional route Kattappana - Ernakulam in respect of his stage carriage bearing registration No. KL-07/AL 2004. The regular permit was effective for a period of five years from 05.08.2003 to 04.08.2008 and the petitioner did file an application for renewal of the permit well in time on 10.12.2007. The concurrence of the Regional Transport Authorities of Idukki and Muvattupuzha (within whose jurisdiction also the route falls) was obtained as was necessary. The petitioner produced the current records of the vehicle KL-07/AL 2004 on 12.03.2012 and sought for expeditious sanctioning of the application for renewal of permit. Nevertheless the Regional Transport Authority, Ernakulam did not consider the application for renewal of permit for want of a No Objection Certifica...
Kerala Forest Research Institute represented by its Registrar Vs. DR. ...
Court: Kerala
Decided on: Oct-01-2015
Ashok Bhushan, C.J. 1. All these Writ Appeals have been filed against the common judgment dated 12.11.2014 delivered by a learned Single Judge in W.P(C) No.2241 of 2012 and other connected Writ Petitions. All the Writ Petitions have been allowed by the learned Single Judge, aggrieved by which judgment respondents to the Writ Petitions have come up in these Writ Appeals. 2. The Writ Appeals can be divided into three groups: The first group consists of Writ Appeal Nos.1 and 2 of 2015 filed by the Kerala Forest Research Institute (for short, 'the KFRI ) which Institute was the 3rd respondent in W.P(C) No.2241 of 2012 and W.P(C) No.25584 of 2011. The second group consists of W.A. Nos.4, 5, 7, 10, 21, 32 of 2015 and 1992 of 2014 filed by the Kerala State Council for Science and Technology and Environment and others. The third group consists of the Writ Appeals filed by the State being W.A. Nos.1313, 1526, 1578, 1628, 1651 and 1755 of 2015 challenging the same judgment. By the judgment dated...
Vineeth Vs. State of Kerala represented by the Public Prosecutor
Court: Kerala
Decided on: Oct-01-2015
1. Is it legal and proper for a person apprehending arrest in a non-bailable offence, whose application under Section 438 of the Code of Criminal Procedure, 1973 (in short, "Cr.P.C.") was dismissed by the High Court or the Court of Sessions, as the case may be, to approach the same court with successive applications seeking the relief without establishing any change in the circumstances? Is it proper on the part of the Court of Sessions to entertain a bail application filed by an accused after the dismissal of his previous application by the High Court? These questions of importance are raised in this petition. 2. Heard both sides. 3. This application by the petitioner, apprehending arrest in Crime No.559 of 2015 of Pandalam Police Station, is the third in succession. He, along with other accused, is involved in offences punishable under Sections 143, 144, 148, 149, 447, 323, 324 and 326 of the Indian Penal Code (in short, "IPC"). There are specific allegations against the petitioner t...
Sujitha Vs. State of Kerala, represented by The Chief Secretary Govern ...
Court: Kerala
Decided on: Oct-01-2015
K.T. Sankaran, J. 1. Suresh @ Kalpana Suresh @ Vettu Suresh was detained as per Ext.P1 order (No.CC46/S13/Camp/15 dated 16.5.2015) issued by the District Magistrate, Thiruvananthapuram under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the 'KAAPA'). The order of detention was executed on 19.5.2015. The detenu is classified as a 'known rowdy' in Ext.P1 order. The order of detention was confirmed by the Government on 23.7.2015 and the period of detention was fixed as one year. 2. An order of detention dated 15.6.2007 was issued against the detenu, which was executed on 17.6.2007. The period of detention was six months. The detenu completed the term of six months in jail and he was released on 16.12.2007. 3. Alleging that the detenu involved himself again in criminal activities, a second order of detention dated 11.11.2011 was passed and it was executed on 23.11.2011. The period of detention was six months. The present order of deten...
Harijan Pala Vs. State of Kerala, represented by The Public Prosecutor
Court: Kerala
Decided on: Oct-01-2015
1. The accused in S.C.No.321/2001 on the file of the Additional Sessions Court, Adhoc-I, Kasaragod is the appellant herein. The appellant was charge sheeted by the Sub Inspector of Police, Vellarikundu Police Station in crime No.68/2000 of that police station under section 55(g) of the Abkari Act. 2. The case of the prosecution in nutshell was that on 29.4.2000 at about 18.15 p.m the accused was found to be in possession of 50 litres of wash in two aluminium vessels in the court yard of his unnumbered house situated in Pallikochi of Paramba village in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under section 55(g) of the Abkari Act. 3. After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Hosdurg, where it was taken on file as C.P.No.130/2000. After complying the formalities, learned Magistrate committed the case to Sessions Court, Kasaragod where it was taken on file as S.C.No.321/2001 aft...
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