Kerala Court December 2015 Judgments
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A.A. Mohammed Nissam Vs. The State of Kerala, Represented By The Publi ...
Court: Kerala
Decided on: Dec-08-2015
1. During the preparation of scene mahazar in the case, the investigating officer had contemporaneously recorded the scene as such and the activities, through video graph as well as photograph. The same were recorded in DVDs. Even though such an exercise was done by the investigating officer, the prosecution has not relied on the said DVDs as, according to the prosecution, there was no certification as mandated under Section 65B(4) of the Indian Evidence Act, 1872 making it admissible in evidence as an electronic record. 2. During the cross-examination of the investigating officer, the defence wanted to press into service those two DVDs, thereby those two DVDs were marked as documents before the court below through the cross-examination of the investigating officer on the side of the accused, as D30 and D31. The evidence is over. The case stood posted for the examination of the accused under Section 313 Cr.P.C. 3. During the course of the cross-examination of the investigating officer,...
The Regional Manager, Bank of Baroda Regional Office, Ernakulam, Kochi ...
Court: Kerala
Decided on: Dec-08-2015
Shaffique, J. The respondents in W.P.(C) No. 1414 of 2015 has filed this appeal challenging judgment dated 05.06.2015 of the learned Single Judge. 2. The respondent herein has filed the writ petition seeking regularisation of her service on the basis of settlement dated 24.03.2008 which was produced as Ext.P5. As per the settlement, casual/temporary Peons/Sweepers who had worked for 240 days or more in consecutive 12 months between 01.01.1991 and 29.02.1996 and who are still working are directed to be absorbed during the financial year 2009-10. 3. The petitioner contended that she was also entitled for the said benefit as she had worked for more than 240 days during the year 2001-02 in the respondent/appellant Bank. But despite her repeated requests, no action was taken by the Bank to regularise her in service and hence the writ petition. 4. Counter affidavit has been filed by the Bank inter alia contending that the petitioner had not completed 240 days in an year and that apart the w...
Biju-Babu @ Ranjith, Managing Director, M/s. Prestige Polimer Products ...
Court: Kerala
Decided on: Dec-07-2015
1. This is an application filed by the petitioner/accused in S.T.No.1998/2014 pending on the file of the Judicial First Class Magistrate Court-V, Kozhikode, to quash the proceedings under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioner is arrayed as sole accused in S.T.No.1998/2014 pending before the Judicial First Class Magistrate Court-V, Kozhikode, alleging offence under Section 138 of the Negotiable Instruments Act. The prosecution case was that, the complainant is running an advertising agency and the accused who is engaged in manufacture of footwear is one of their customers and to develop the business, the accused ordered the complainant to advertise through television and newspaper and in that transaction, there was an amount of 2,05,058/- was due. According to the complainant accused issued cheque No.024126 dated 05.10.2003 for 1,00,000/- and another cheque No.024129 dated 05.11.2013 for a sum of 1,05,058/-, both drawn on Fed...
T.P. Daison and Another Vs. T. Varghese Jose and Others
Court: Kerala
Decided on: Dec-07-2015
1. Petitioners are husband and wife. Respondents 1 and 2 also are husband and wife. All of them are partners of three firms. Disputes arose between the petitioners on the one side, and the respondents 1 and 2 on the other. The 3rd respondent Chartered Accountant, who was auditor of both parties, attempted to settle the disputes. It resulted in their executing Ext P1 agreement dated 27.12.2012, by which they appointed the third respondent their arbitrator to decide disputes that might arise between the parties as to the implementation of the agreement. There was an understanding that the third respondent would not continue to work as the auditor of both parties. Later, a dispute arose between the two parties. On 6.6.2014 the first petitioner sent Ext P2 letter to the third respondent requesting him to enter on arbitration. On 16.6.2014 the former sent Ext P3 reminder to him. By Ext P4 notice he informed both parties that the arbitration proceedings would be conducted on 19.7.2014. There...
Nature Lovers' Forum represented by Its President M.R. Gireeshkumar Vs ...
Court: Kerala
Decided on: Dec-07-2015
Ashok Bhushan, C.J. 1. These three Writ Petitions, filed as public interest litigation, challenge the Notification dated 05.10.2015 (published in the Kerala Gazette Extraordinary dated 06.10.2015) by which proviso to Rule 12 of the Kerala Minor Mineral Concession Rules, 2015 has been inserted. Petitioners prays that the said proviso to Rule 12 inserted as per the aforesaid Notification be declared as ultra vires. Some other reliefs have also been claimed in W.P(C) Nos.33463 and 8531 of 2015 which shall be referred to hereinafter. In W.P(C) No.34463 of 2015 counter affidavit has been filed on behalf of the State which has been adopted in the other two Writ Petitions by memo filed on behalf of the State of Kerala. Writ Petition No.34463 of 2015 is being treated as the leading case. 2. Brief facts of the case as emerged from the pleadings of the parties are as follows: W.P(C) No.34463 of 2015 (Nature Lovers' Forum, Thiruvananthapuram v. State of Kerala and Others): 3. Petitioner, a volunt...
Vijayan Vs. State of Kerala represented by the Public Prosecutor
Court: Kerala
Decided on: Dec-07-2015
1. The accused in SC No.68/2002 on the file of Additional Sessions Court (Fast Track-II) Alappuzha is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Kayamkulam Excise Range in Crime No.18/1999 of that Excise Range under Section 55(a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act). 2. The case of the prosecution in nutshell was that on 26.4.1999, at about 5.45 pm, the accused was found to be in possession of 8 litres of arrack and found transitting the same along the road in front of Cycle shop of one Razak in Vallikkunnam Village, Kannimel Muri along the road leading to Changankulangara-Kambisserymukku in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under Section 55(a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act). 3. After investigation, final report was filed before the Judicial First Class Magistrate's Court, Kayamkulam, where it was taken on file as CP ...
The Kooroppada Service Co-Operative Bank represented by its Secretary ...
Court: Kerala
Decided on: Dec-04-2015
Common Judgment: 1. What rate of interest the petitioner Bank is required to pay on the Mangalya Cash Certificate Deposit Scheme whether the contracted rate or the subsequently altered rate? 2. This question has knocked at the doors of this Court many times earlier and stood answered as many times. It, however, refuses to die down. A few Benches of the learned Single Judge and a learned Division Bench have uniformly, unfailingly held that the interest at the contracted rate alone should be paid. 3. To his credit, Mr.Alex M.Scaria, the learned counsel appearing for the petitioner on record, has made commendable efforts to convince the Court that the issue requires a re-look he almost succeeded. 4. In both the writ petitions the petitioner is common: a Co-operative Bank. It has assailed identical judgments of the Kerala Co-operative Tribunal, Thiruvananthapuram, in these two writ petitions involving two depositors, whose claim for payment of interest at the contracted rate is the subject...
P.R. Sujatha Vs. State Bank of Travancore represented by its Chairman ...
Court: Kerala
Decided on: Dec-04-2015
1. The two writ petitions challenge two separate enquiry proceedings which have different cause of action, but with slight interrelation. The writ petitions would have to be considered separately but in a common judgment since the actions of the petitioner which are alleged against her as misconducts have that inter connection. 2. W.P(C) No. 14756/2014 addresses the issue of whether a departmental enquiry could be continued when a criminal proceeding, on the very same set of facts, is pending before the Criminal Court. The facts which led to the disciplinary enquiry were that the respondent Bank,who was the employer of the petitioner detected serious latches in the grant of Agricultural Gold Loans(AGL), by the petitioner who officiated as Manager in one Edavanna Branch, to three persons, who were admittedly the petitioner's daughter, her sister-in-law and a relative, and on the security of spurious gold. The petitioner was suspended pending initiation of disciplinary proceedings, by Ex...
Abdul Karim and Others Vs. State of Kerala, represented by The Secreta ...
Court: Kerala
Decided on: Dec-04-2015
1. On the request of the third respondent Bank, the Election Commission, on 01.10.2015 issued Ext.P1 notification [Ext.R3(l)] proposing to hold elections on 06.12.2015 to the managing committee of the respondent Bank. In the notification, 02.11.2015 was fixed to be the date for publishing the draft voters list and venue; 09.11.2015, for submitting objections; 11.11.2015, for examining the objections; 12.11.2015, for publishing the final voters list; 19.11.2015, for submitting nominations; 20.11.2015, for examining nominations; and 21.11.2015, for withdrawing the nominations, if any candidate desires. 2. On 19.11.2015, the petitioners along with other members submitted Ext.P2 objections to the Electoral Officer, the 4th respondent. Later on 24.11.2015, the petitioners filed the present writ petition. 3. The singular grievance of the petitioners seems to be that since the bye-laws of the third respondent Bank suffered an amendment, which was approved by the Joint Registrar only on 27.07....
P. Sivadasan and Others Vs. C. Viswanathan and Others
Court: Kerala
Decided on: Dec-04-2015
Ashok Bhushan, CJ. 1. All these writ appeals having been filed against the common judgment dated 20.5.2015 have been heard together and are being decided by this common judgment. These writ appeals can be divided into two sets. The first set of writ appeals have been filed by the South Malabar Gramin Bank and its General Manager, who were respondents to the writ petition, challenging the judgment dated 20.5.2015, by which, the learned Single Judge has set aside the list prepared by the Bank giving appointment to the Daily Wage Messengers. 2. The first set of writ appeal consists of only three appeals, namely; W.A.Nos.1702, 1705 and 1735 of 2015. The second set of writ appeal consists of the appeals filed by the selected candidates, whose names were included in the list of 112 candidates prepared by the Bank. W.A.Nos.1539, 1616, 1668 and 1818 of 2015 are the appeals filed by the selected candidates, who were impleaded as additional respondents. W.A.Nos.1540, 1541, 1542, 2100 and 2394 of...
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