Kerala Court October 2015 Judgments
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N.K. Pavithran and Another Vs. M. Nandakumar and Another
Court: Kerala
Decided on: Oct-16-2015
Ashok Bhushan, C.J. 1. The short question involved in this writ appeal is as to whether after defection of an elected member of Municipality, the disqualification for a period of six years shall commence from the date of the order passed by the State Election Commission or the said period shall commence from the date of expiry of tenure of the local body. The short facts of the case are: The petitioners and 1st respondent were Councilors of Kalamassery Municipality for the years 2000-'05. They contested election in 2000 as official candidates of Indian National Congress, which is a constituent unit of United Democratic Front (UDF). The 1st respondent filed petitions before the State Election Commission under Sections 3 and 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 alleging that the petitioners violated the whip and ceased to be member of Indian National Congress. 2. The respondents filed their objection in the above petitions. The State Election Commission,...
M. Nazimuddin Vs. State of Kerala rep. by The Secretary, Co-Operation ...
Court: Kerala
Decided on: Oct-16-2015
1. The petitioner, having joined the services of the third respondent Bank in 1977, got promoted in 1991 and eventually retired on 31.05.2008, on his attaining the age of superannuation. But, in the interregnum, certain developments took place: on 03.01.1997 the petitioner was placed under suspension and on 21.12.1998, after departmental inquiry, he was terminated from service. 2. In the light of the subsequent judicial proceedings initiated by the petitioner, through Exhibit P1 order, the Joint Registrar directed the petitioner's reinstatement with full back-wages. Nevertheless, when the third respondent Bank took the matter to this Court, it rendered Exhibit P2 judgment on 05.02.2008 modifying Exhibit P1 only to the extent of back-wages. In other words, the petitioner was directed to be reinstated with all service benefits, save the back-wages. Thus, the petitioner retired on 31.05.2008. 3. On 12.12.2008, aggrieved by the delay in having the pension sanctioned to him, the petitioner ...
Janaki Amma and Others Vs. Renuka Sadanandan and Others
Court: Kerala
Decided on: Oct-15-2015
C.K. Abdul Rehim, J. 1. The appellants as well as the respondents 2 and 3 herein are the respondents in O.P No.1409/2014 instituted before the Family Court, Thrissur by the 1st respondent herein. The 1st appellant is the mother-in-law of the 1st respondent. The 2nd appellant and the 2nd respondent are her brothers-in-law. The 3rd appellant and the 3rd respondent are the wives of 2nd appellant and 2nd respondent, respectively. 2. Case before the Family Court was filed based on the averments that, the 1st respondent was the owner in possession of 'A'-schedule property situated at Kodungallur, which is having an extent of 18 cents. The property described as 'B'-Schedule is a property purchased by the 1st appellant. Allegation is that, for the purpose of purchasing 'B'-Schedule property, the 1st appellant took loan from a Bank by mortgaging the 'B'-Schedule property. But she failed to repay the loan. The amounts due in the said loan account was paid by the 1st respondent, by selling 'A'-Sc...
N. Asokan, High School Assistant (Social Science), C.A Higher Secondar ...
Court: Kerala
Decided on: Oct-15-2015
1. The teachers in the high school section of an aided school, vying for promotion and appointment as Higher Secondary School Teacher (H.S.S.T) of the very same aided school, with the Manager throwing in his mite with one of them, is the subject matter of the above writ petitions. 2. The petitioner in W.P.(C) NO. 13843 of 2013 is the High School Assistant (H.S.A), who was denied appointment and the 3rd respondent therein, the H.S.A, who was granted the said appointment, filed W.P.(C) No.14767 of 2013. The Manager has filed yet another writ petition numbered as W.P.(C) No.15554 of 2013. The parties and the documents are referred to from W.P. (C) No.13843 of 2013. 3. The admitted facts are that, there were 25% posts reserved in the higher secondary section to the H.S.As, who were qualified to be posted as such. Both the petitioner and the 3rd respondent were approved as H.S.As, sought promotion to the post of H.S.ST (Junior) (Economics) in the aided school. Both are qualified to be appoi...
M/s. Sreevaraham Vanitha Samithi, Rep. by its President Vs. Employees ...
Court: Kerala
Decided on: Oct-15-2015
Anil K. Narendran, J. 1. The petitioner, which is a Society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1957 namely, 'Sreevaraham Vanitha Samithi' has approached this Court in this writ petition seeking a writ of certiorari to quash Ext.P3 order dated 31.07.2000 of the 2nd respondent and Ext.P7 order dated 19.01.2005 of the 1st respondent, and seeking a declaration that the petitioner is not liable to be covered under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. 2. Going by the averments in the writ petition, the main objects of the Society are as follows; a) to promote the economic cultural and social welfare of the poor and deserving classes, b) to supply free medical aid to all deserving women and children of the locality as also educational facilities to children and giving training in home industry such as handicrafts etc., c) to start nursery classes with Malayalam and English medium and if p...
V.S. Bindu Vs. Union of India represented by its Secretary Ministry of ...
Court: Kerala
Decided on: Oct-15-2015
1. The husband of the petitioner, Ramabhadran was a social worker attached to a particular political party. In front of the wife and children, he was hacked to death during the night of 10.04.2010. From the very beginning, the petitioner was clamouring that a proper investigation was not being carried out by the local Police. Her complaint is that initially, the investigation was being carried out by an efficient Police Officer, who was the then Dy.S.P. Subsequently, he was removed and another person was placed, which according to her, was for burial of an impartial investigation. 2. At that time, the petitioner had approached this Court through a Writ Petition and challenged the removal of the Investigating Officer, by clamouring with a complaint that it was for the purpose of shutting out a proper investigation in the matter. This Court has disposed of the said Writ Petition by stating that the substituted Investigating Officer would be held liable, in case of no fruitful investigati...
Faisal Vs. State of Kerala rep. by Public Prosecutor Through Station H ...
Court: Kerala
Decided on: Oct-15-2015
1. A prosecution involving the offence under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 is sought to be quashed. The petitioner herein is the sole accused in the said case, pending as S.C No.4/2015 before the Special Court for the trial of offence against women and children, Ernakulam. The police registered the crime against the petitioner suomotu on the basis of the report of a police constable that a juvenile aged 16 years was found employed in a petrol pump run by the petitioner herein. After investigation the police submitted final report under Section 23 of the Juvenile Justice Act. Annexure A is copy of the said final report. However, the trial court has framed a charge against the petitioner under Section 26 of the Juvenile Justice Act, it is submitted. 2. On hearing both sides, I find that the prosecution is liable to be quashed. It is not known how merely employing a juvenile aged 16 years will come under Section 23 of the Juvenile Justice A...
P. Radhakrishnan Vs. Cochin Devaswom Board represented by its Secretar ...
Court: Kerala
Decided on: Oct-15-2015
1. The petitioner claims to be a disabled person with 42% locomotor disability, who is working as a temple staff under the 1st respondent Board. The petitioner seeks for reservation in appointment to the 25% vacancies earmarked for temple staff in the post of Watchman-cum-Peon. The petitioner claims reservation under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for brevity 'Act of 1995'). 2. The learned Standing Counsel for the respondent Board, however, relies on the counter affidavit, which is in line with Ext.P8 order of the respondent Board, wherein the prayer made by the petitioner was declined for reason of the respondent Board being not an 'establishment' under the Act of 1995. The issue revolves only around whether the respondent Board can be considered to be an 'establishment' as defined under the Act of 1995. 3. The definition available under Section 2(k) of the Act of 1995 is as follows: (k) establishment means a...
C.H. Nabeeza Vs. K.H. Abdul Kareem and Others
Court: Kerala
Decided on: Oct-15-2015
1. The plaintiff in a suit for partition is the appellant in this Second Appeal. 2. The properties sought to be partitioned belonged to Hassan, the father of the plaintiff. The defendants are the siblings of the plaintiff. Hassan died intestate. According to the plaintiff, 1/14 share in the suit properties devolved on her on the death of Hassan. The suit was, therefore, filed seeking partition of the said share of the plaintiff. The defendants contended that Hassan had executed Ext.B1 gift deed in respect of an item of property in favour of the plaintiff on condition that the plaintiff will not have any claim in his remaining properties on his death and the plaintiff who accepted Ext.B1 gift subject to the condition attached to it, cannot claim partition in respect of the suit properties left behind by Hassan on his death. 3. The trial court rejected the contention raised by the defendants and decreed the suit. However, in appeal, the appellate court reversed the decision of the trial ...
N.T. Rajesh Vs. State of Kerala rep. by its Secretary, Co-Operation De ...
Court: Kerala
Decided on: Oct-14-2015
1. The issue in this writ petition is whether the approval of the feeder category rules is a pre-condition to effect any promotions in a society though the staff pattern already stands fixed by Rule 188 and Appendix-III of the Kerala Co-operative Societies Rules, 1969 ('the Rules' for brevity). 2. The facts in brief are that the third respondent- Society was established in 1993, with a skeletal staff of one Attender and an Honorary Secretary. In fact, the petitioner was appointed on 28.01.2005 as an Attender through Exhibit P4. 3. Later, in the course of time, with the improved performance of the Society, it was upgraded to be Class I. As a consequence, the Joint Registrar through Exhibit P6 dated 04.04.2008, sanctioned one post of Secretary. Soon thereafter, the Society promoted the petitioner through Exhibit P7 dated 08.04.2008, as Secretary, given the fact that he was working in the feeder category and that he was eligible in all respects to be promoted. In the wake of the petitione...
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