Kerala Court October 2015 Judgments
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Meena Joshy Vs. Jojo P. George and Another
Court: Kerala
Decided on: Oct-26-2015
P.N. Ravindran, J. 1. The petitioner is the tenant in R.C.P.No.10 of 2013 on the file of the Rent Control Court, Thiruvananthapuram. The respondents herein are the owners of a two storied building bearing door No.T.C.4/1273 (3) and T.C.4/1273(4) of Thiruvananthapuram Corporation. They had let out the cellar portion of the said building, bearing door No.T.C.4/1273(4) and having an area of 1550 Sq. Ft. to the petitioner herein. They had in R.C.P.No.10 of 2013 which was instituted in the Rent Control Court, Thiruvananthapuram on 02.03.2013 prayed for an order evicting the petitioner herein from the said building, under sections 11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965, herein after referred to as the Act , for short. The petitioner herein is conducting a saloon therein under the name and style Meenu's Care and Beauty Saloon . The landlords had prayed for an order of eviction so as to enable them to shift the pharmaceutical business being run by the first ...
Life Insurance Corporation of India represented by Senior Divisional M ...
Court: Kerala
Decided on: Oct-26-2015
Ashok Bhushan, C.J. 1. The Life Insurance Corporation of India (for short, the Corporation ) is in appeal against the judgment dated 13.03.2015 of the learned Single Judge in W.P(C) No.12919 of 2013, filed by the 1st respondent to the appeal by which judgment the learned Single Judge has allowed the Writ Petition. Parties shall be referred to as noted in the Writ Petition. 2. Brief facts giving rise to the Writ Petition necessary to be noted for deciding this Writ Appeal are: Petitioner was appointed as Development Officer in the Corporation during the year 1984. His probation was declared with effect from 01.11.1986. Disciplinary proceeding was initiated against the petitioner by issuance of a charge sheet dated 04.05.1987. Petitioner was dismissed from service with effect from 19.04.1989. Petitioner raised an industrial dispute questioning his dismissal order. The Industrial Tribunal vide its award dated 06.02.1993 held that punishment of dismissal is too harsh to sustain. The Tribun...
Kidangoor Devaswom represented by Balakrishnan and Others Vs. K.N. Kri ...
Court: Kerala
Decided on: Oct-21-2015
Antony Dominic, J. 1. Plaintiffs in O.S.108/98 on the file of the Sub Court, Pala are the appellants. They filed the suit for a declaration that the first plaintiff Devaswom is a public trust of religious and charitable nature and to frame a scheme in respect of the first plaintiff Devaswom for its administration and management. They also sought a declaration that the plaint schedule properties are of the first plaintiff and a decree for the removal of the defendants from the administration and management of the fist plaintiff Devaswom. Further, a permanent prohibitory injunction restraining the respondents from alienating the properties of the first plaintiff Devaswom or the movables kept in the Devaswom building was also sought for. By the judgment and decree under appeal, the suit was dismissed. It is aggrieved by this judgment and decree, this appeal is filed. 2. Among the various issues which were framed and considered, the main issues are whether the first plaintiff is a public r...
Unnikrishnan Alias Sundaran Vs. State of Kerala rep. by Public Prosecu ...
Court: Kerala
Decided on: Oct-21-2015
K.T. Sankaran, J. 1. These appeals are filed by accused No.4 in Crime No.4 of 2015 of Agali Police Station, challenging the common order in Crl.M.P.Nos.2383 and 2420 of 2015. Crl.M.P.No.2383 of 2015 was filed by accused No.4 for the grant of default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. Crl.M.P.No.2420 of 2015 was filed by the investigating officer under Section 43-D(2) of the Unlawful Activities (Prevention) Act, 1967 for extension of the period for completing the investigation up to 180 days. The court below dismissed the application filed by the appellant and allowed the application filed by the investigating officer. 2. The appellant resides within the limits of Agali Police Station. The prosecution case is the following : Between 18 hours on 30.12.2014 and 20 hours on 1.1.2015, certain unknown culprits, who are suspected to be members of the banned terrorists organisation C.P.I. (Maoist), set fire to the forest camp shed at Anavayil Haveloc in...
V. Arunkumar Vs. The Information Kerala Mission (IKM) (Under The Local ...
Court: Kerala
Decided on: Oct-21-2015
1. The petitioner is aggrieved with the termination ordered by Ext.P16 and confirmed in appeal by Ext.P44. 2. The petitioner initially was appointed on daily wage basis in the 1st respondent Information Kerala Mission (IKM), which was initially a mission-group drawn from Centre for Development of Imaging Technology (C-DIT) for implementation of a scheme titled Kerala Information Network for Local Bodies . The scheme or its working is not relevant for the above case. 3. The petitioner, admittedly, was initially employed on daily wage basis in IKM and had been continued from September 1999, as is indicated at Ext.P8. The petitioner then was appointed as GIS Draftsman on a consolidated salary, on contract basis for a period of one year, as is evidenced from Ext.P10. The petitioner was, admittedly, continued in the 1st respondent; when he was terminated by the impugned order. 4. The actual status of employment of the petitioner is not revealed from the records. The petitioner has produced ...
K.V. Gopakumar Vs. State of Kerala represented by The Chief Secretary ...
Court: Kerala
Decided on: Oct-20-2015
1. The petitioner, who is the respondent in Ext.P1 complaint filed by the 2nd respondent herein, before the Kerala State Human Rights Commission (hereinafter referred to as 'the Commission') has filed this writ petition seeking a writ of certiorari to quash Ext.P1 complaint and seeking a declaration that the said complaint is not maintainable before the Commission. He has also sought for a writ of certiorari to quash Ext.P3 proceedings dated 11.12.2013 passed by the Commission in Ext.P1 complaint. 2. Going by the averments in Ext.P1 complaint, the 2nd respondent's husband who was an Army Captain died 18 years back while serving the nation, leaving behind herself and two daughters, who are now pursuing their medical and engineering studies at Bangalore. In order to meet the educational expenses of her children, the 2nd respondent was constrained to sell her dwelling house and decided to shift residence to a tenanted premises. The 2nd respondent entrusted Rs.3,00,000/- to the petitioner ...
University of Kerala Vs. Zainudhin Sahib
Court: Kerala
Decided on: Oct-20-2015
Asha, J. 1. University of Kerala has filed this writ appeal against the judgment of the learned single Judge directing appointment of the petitioner, the first respondent herein, to the post of Lecturer (Zoology). 2. The University of Kerala invited applications for selection and appointment to the post of Lecturer in Zoology. Two vacancies - one for open category and the other for Muslim reservation - were notified. The first respondent submitted his application against the vacancy reserved for Muslim. After the process of selection including interview, the University appointed one Sri.Abdul Rasheed K, as per Ext.R2(c) proceedings dated 20.6.2002. But he did not join duty. 3. The petitioner had collected the details of marks awarded by the selection committee, pursuant to the selection conducted on the basis of Ext.P5. From Ext.P8 list, he received under the Right to Information Act, it was seen that he was the candidate who obtained the highest marks next to the appointed candidate S...
Swapna Surendran Vs. Union of India, represented by The Secretary To G ...
Court: Kerala
Decided on: Oct-20-2015
Shaji P. Chaly, J. 1. This Original Petition is filed by the applicant against the order dated 17.12.2013 in O.A. No.1215 of 2012 of the Central Administrative Tribunal, Ernakulam Bench. By the said order, Tribunal dismissed the Original Application holding that the selection conducted by Respondents 2 and 3 to the post of Technical Assistant was in accordance with law. 2. Brief facts necessary for the disposal of the Original Petition are as follows: 3. By Annexure-A1 notification dated 21.05.2012, applications were invited for filling up of one vacancy in the post of Technical Officer, by the 2nd Respondent. As per Annexure-A1, required qualifications were Degree of a recognized University in Agriculture/Horticulture preferably with experience in noting and drafting in technical matters. Thereafter, Annexure-A2 memo dated 06.09.2012 was issued to the applicants and it was informed that they would have to appear for a written test on 27.09.2012 at the office of the 2nd Respondent. It ...
Flipkart Internet Private Limited and Another Vs. State of Kerala, Rep ...
Court: Kerala
Decided on: Oct-20-2015
1. As the issue involved in both these writ petitions is the same, they are taken up together for consideration and disposed by this common judgment. 2. The petitioner in W.P.(C).No.5348/2015 is an online service provider, registered as such under the Finance Act, 1994, as amended, governing the levy of Service Tax. In the writ petition, the petitioner is aggrieved by orders of penalty that have been passed against it by the authorities under the Kerala Value Added Tax Act [hereinafter referred to as the 'KVAT Act']. The said orders have been passed under Section 67 of the KVAT Act, inter alia on the finding that the petitioner has breached the provisions of Sections 20 and 40 of the KVAT Act in not getting itself registered as a dealer under the KVAT Act and further, not filing returns and maintaining true and correct accounts as mandated under the said Act. 3. The main contention of the petitioner in the writ petition is that it is a service provider who is not engaged in the busines...
B.A. Avinash Das and Another Vs. University of Kerala, Represented by ...
Court: Kerala
Decided on: Oct-20-2015
1. Discipline is the bedrock on which an educational system is founded - observed a division bench of this Court in Kerala Students Union v. Sojan Francis [2004 (2) KLT 378]. The height of indiscipline in the campus of the College of Engineering, Trivandrum in connection with the Onam celebration this year has cost the life of a student of the same college. 2. The petitioners (26 in number) are the students who have been suspended from the College for varying periods for alleged misdemeanor in connection with the Onam celebration on 19.8.2015. It is alleged that the students of the men's hostel took out a procession in the evening of that day accompanied by two jeeps and an open lorry. The jeeps bearing Registration Nos.KBF-7268 and KCT-2217 as well as the lorry titled 'Chekuthan' were filled with students who danced to the tune of music and drums. The allegation is that the jeep KBF-7268 accidentally hit a girl student - a pedestrian inside the campus - who later succumbed to the inju...