Kerala Court November 2015 Judgments
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Sasikumar Vs. Lakshman and Others
Court: Kerala
Decided on: Nov-09-2015
P.R. Ramachandra Menon, J. 1. The appeal arises from the award passed by the MACT, Thrissur in O.P.(MV)No.1545 of 2001 granting compensation in respect of the injuries sustained by the appellant in a road traffic accident. The grievance is that the amount awarded by the Tribunal is abysmally on the lower side and hence is sought to be enhanced, based on the grounds raised in the appeal. 2. The accident occurred on 01.04.2001, when an autorickshaw bearing No. KL.8-M/3049 (Goods Autorickshaw) in which the appellant was travelling, allegedly accompanying the goods, overturned causing serious injuries to him. In fact, one more person was travelling in the said vehicle and he also sustained injuries . The appellant filed O.P.(MV)No.1545 of 2001, whereas the other injured filed OP(MV)1991 of 2001.The autorickshaw, in fact, was owned by the second respondent, driven by the first respondent and insured by the third respondent. Attributing negligence solely on the driver of the autorickshaw, th...
K.K. Narayanan and Others Vs. The District Registrar (Under The Societ ...
Court: Kerala
Decided on: Nov-09-2015
This writ petition is filed challenging the decision of the District Registrar produced as Exhibit P9 refusing to accept the Executive Committee list furnished, pursuant to the election held on 15/02/2015. 2. The petitioners are elected as the Executive Committee members of the 7th respondent-N.K.Balakrishnan Memorial Trust. The election to the Executive Committee was held consequent upon expiry of the tenure of the earlier Executive Committee on 31/10/2014. 3. Pursuant to the election of the members to the Executive Committee, the list of office bearers was submitted before the District Registrar in terms of Section 4 of the Societies Registration Act, 1860. There were serious objections regarding selection of the candidates. The District Registrar was directed to consider the objections of the Objectors as per various judgments of this Court in Exhibits P3 to P6 judgments. The objections were considered by the District Registrar by the impugned order. The District Registrar found tha...
Shaji Vs. Pradeesh and Others
Court: Kerala
Decided on: Nov-09-2015
Reference Order: P.R. Ramachandra Menon, J. 1. The law stands declared by a Full Bench of this Court, vide decision reported in 2015 (1) KLT 1 (National Insurance Company Ltd. vs. Jisha K.P. And others), that mere absence of 'badge' by driver of a transport vehicle is not sufficient to exonerate the insurer from the liability to pay compensation to the claimant and that absence of 'badge is not a fundamental breach of the statutory/policy condition to enable the insurer to have recovery from the insured, after satisfying the liability to the claimant/third party. The question remains to be considered is what is a 'badge' and is it the same as 'authorisation to drive a transport vehicle'. If it is not the same, will it not come within the purview of statutory defence under Section 149 (2) r/w. Sub-sections 4 and 5 of Section 149 of the M.V.Act, enabling the insurer to have recovery from the insured for driving the transport vehicle without authorisation to drive such vehicle (based on t...
Kerala Self Financing Engineering College Managements Association Vs. ...
Court: Kerala
Decided on: Nov-09-2015
1. A conference of the Vice Chancellors of the various universities in the State was convened by the Chancellor (The Governor of the State of Kerala) on 27.10.2014 at Ernakulam. One of the decisions taken in the meeting pertains to the installation of Closed Circuit Television Camera (CCTV Camera) in the examination centers of institutions. The syndicate standing committee on examination of the Mahatma Gandhi University accordingly on 20.3.2015 resolved to direct the installation of CCTV cameras. It was decided to direct the Principal of all self-financing institutions affiliated to the university to install CCTV cameras in the examination halls in the first phase. The Vice Chancellor of the university accorded sanction for the same as is discernible from the order dated 8.4.2015 issued by the Registrar of the university. The Registrar of the university by order dated 18.4.2015 issued instructions for installation of CCTV cameras in the examination hall. The instructions specified part...
Mini Roy and Another Vs. S.G. Nair Proprietor and Chief Executive Rank ...
Court: Kerala
Decided on: Nov-09-2015
P.R. Ramachandra Menon, J. 1. Center (Forum) for adjudication is the centre of dispute involved in this case. Grievance is against dismissal of the Company Application 815/2007 preferred in C.P.36 of 2002 whereby the application preferred by the appellants to set aside the sale and its confirmation ordered by the Recovery Officer (pursuant to the order passed by the DRT, Delhi in the concerned O.A.), despite the pendency of the C.P. before this Court was declined to be entertained, leading to dismissal of the Company Application. 2. The appellants are additional applicants impleaded in C.P.No.36 of 2002, preferred by the Original Applicant, (by name P.S. Joseph Antony), who is no more. The first appellant is the widow and the second appellant is the son of the original applicant. The original applicant was a share holder of the second respondent company, which is a company registered under the relevant provisions of the Companies Act and engaged in the running of hotel/resort. The main...
M/s. Hotel Vijaya Palace Vs. State of Kerala, Represented By The Secre ...
Court: Kerala
Decided on: Nov-09-2015
Ramachandra Menon, J. 1. Whether the power of the District Magistrate under Section 80 (1) (h) (v) of the Kerala Police Act, 2011 could be invoked to close down a hotel with FL3 licence as a temporary measure in connection with the festival in a nearby temple, instead of invoking the power and procedure under Section 54 of the Kerala Abkari Act, is the question to be considered in this matter. The decision rendered by a learned Judge of this Court in W.P.(C) Nos. 2574 and 2575 of 2013 holding that the power and authority is simultaneous under both the Statutes to meet the situation or in other words, it is alternative, is doubted by another learned single Judge of this Court, thus causing the reference to be answered by this Court. The basis for the doubt expressed is that, according to the learned Judge who made the reference, power under Section 80 of the Kerala Police Act is 'legislative' and not administrative; unlike the power of the concerned authority under Section 54 of the Ker...
J. Radhakrishna Vadhyar Vs. State of Kerala Public Prosecutor, High Co ...
Court: Kerala
Decided on: Nov-06-2015
1. The revision petitioner was charge-sheeted in C.C.401/2000 on the file of the Chief Judicial Magistrate, Pathanamthitta for having committed offence punishable under Section 409 r/w 34 IPC. The charge against him was that, while working under Kerala State Civil Supplies Corporation as Shop Manager-in-charge of Maveli store, Thonnipuzha, he misappropriated the articles entrusted to him for sale during the period from 28.12.97 to 15.01.98. The shortage for a sum of Rs.9546.38 was detected while conducting the stock verification and the articles entrusted to the revision petitioner for sale was appropriated for his own purpose and thereby sustained a loss of Rs.11,607.41 to the Corporation and committed the offence. On the basis of verification report prepared by Junior Manager of the Corporation, crime 179/98 was registered against three persons under Section 409, 465, 468 and 471 r/w 34 IPC. After completing investigation, three cases were charge-sheeted and those cases were tried jo...
Hafsath Vs. The Perinthalmanna Co-operative Agricultural and Rural Dev ...
Court: Kerala
Decided on: Nov-06-2015
1. This case, for its proper appreciation, needs an elaborate narration of facts; but only to arrive at a conclusion that this Court is not inclined to adjudicate the issue. 2. The petitioner is the daughter of one Mr. A. P. Muhammed, who died on 03.03.2013 leaving behind nine children, the petitioner being one among them. When the petitioner's father was alive, he succeeded, way back in 1969, to an extent of 2.43 acres of land in a family partition involving his siblings, as has been evidenced by document No.620/1969. 3. Items 1 to 4 in the partition deed are said to have fallen to the share of the petitioner's father, whereas Item No.5 to his sister, and Item No.6 to his mother, who died in 1981. In 1983, Item No.6, the property originally allotted to the mother, after her death, was divided between the petitioner's father and his sister through a registered document. 4. Insofar as Item No.4 in Document No.620/1969 is concerned, the extent being 41 2/3 cents, the petitioner's father ...
Ajith Kumar Vs. The State of Kerala, represented by The Principal Secr ...
Court: Kerala
Decided on: Nov-06-2015
1. Heard the learned counsel for the petitioner and the learned Government Pleader, apart from perusing the record. 2. The petitioner, in relation to a piece of his immovable property, seeks a 'No Liability Certificate' from the Excise Commissioner, the second respondent. Questioning what is said to be the delay on the second respondent's part in granting the so-called 'No Liability Certificate,' the petitioner has approached this Court. 3. As can be gathered from the submission of the learned counsel for the petitioner, the petitioner being an abkari licencee once had certain dues to the Government for the abkari year 1993-1994. In the civil litigation that ensued--in O.S. No. 215 of 2013 filed by the petitioner--a competent civil court passed Ext.P11 judgment and decree. 4. A perusal of Ext.P11 judgment reveals that the civil court has declared that the petitioner was liable to pay Rs. 11,76,064/- to the Government. Having thus invited Ext.P11 judgment, the petitioner is said to have...
Radhamani and Others Vs. The State of Kerala, represented by The Secre ...
Court: Kerala
Decided on: Nov-06-2015
1.An interesting question of importance arises for consideration in this writ petition in the context of Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to for brevity, as 'the Senior Citizens Act, 2007'). 2. Late Gopalakrishnan Nair was a wealthy businessman at Mumbai. He belonged to Kerala. Late Gopalakrishnan Nair approached the Maintenance Tribunal under Senior Citizens Act 2007. His relief before the Tribunal inter alia was for declaration of settlement deed bearing No.1297/2013 dtd.3.6.2013 of Bharanikkavu Sub Registry as null and void. 3. The settlement deed had been executed by the late Gopalakrishnan Nair in the name of the petitioners herein. The first petitioner herein is his niece and the fourth petitioner is the nephew of the late Gopalakrishnan Nair. The remaining petitioners are the children of the first petitioner. 4. The respondents 6 to 9 are the widow and children of late Gopalakrishnan Nair. It appears that late G...
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