Kerala Court September 2015 Judgments
Subair and Others Vs. C.P. Kunhami @ Kunjhimariyam and Others
Court: Kerala
Decided on: Sep-30-2015
P.N. Ravindran, J. 1. The petitioners are the tenants in R.C.P.No.106 of 2011 on the file of the Rent Control Court, Vatakara. The respondents/landlords instituted R.C.P.No.106 of 2011 praying for an order of eviction under sections 11(2)(b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as the Act for short. The case set out in the rent control petition was that the rent is in arrears from 15.6.2011, that the tenants have not paid the fair rent fixed by the Rent Control Appellate Authority, Vatakara in R.C.A.No.58 of 2010 with effect from 15.7.2002, that the fourth petitioner in the rent control petition who has lost his employment, bonafide needs the petition schedule building to start a business in furniture, that the tenants have sublet the building and that they have come by possession of another building in the same locality. 2. The tenants opposed the petition for eviction by filing a counter statement wherein they denie...
Tag this Judgment!Kumar Vs. State of Kerala represented by The Chief Secretary Governmen ...
Court: Kerala
Decided on: Sep-30-2015
K.T. Sankaran, J. 1. The Writ Petition is filed by the father of Sarath @ Kunjumon, who was detained as per the order passed under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act. The order of detention is dated 28.5.2015 issued by the District Magistrate, Thiruvananthapuram. The order was executed on 5.6.2015 and the detenu was detained. The detenu challenges the order of detention as well as the continued detention. 2. As per Exhibit P1 order of detention, the detenu was classified as a known rowdy. It is stated in Exhibit P1 that the detenu is involved in ten crimes registered in the years 2013, 2014 and 2015, nine crimes at Chirayinkeezhu Police Station and the last crime at Attingal Police Station. The crime registered at Attingal Police Station was registered suo-motu by the police and therefore, it was excluded from the purview of consideration. 3. Exhibit P1 order of detention dated 28.5.2015 refers to two reports dated 7.5.2015 and 25.5.2015 submitted by the...
Tag this Judgment!S. Sathyan and Others Vs. State of Kerala represented by, The Public P ...
Court: Kerala
Decided on: Sep-30-2015
o.V. Raja Vijayaraghavan, J. 1. The appellants are accused Nos.1 to 4 in S.C. No.617 of 2004 on the files of the Additional Sessions Judge (Ad hoc)-II, Kasaragode. They along with four others were charged for having committed offence punishable u/s 143, 147, 148, 341 and 302 r/w s.149 of the IPC. As per judgment dated 19.8.2009, the learned Additional Sessions Judge found the appellants guilty and they were sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- each in default of which, rigorous imprisonment for one year each u/s 302 IPC r/w s.149 IPC. They were also sentenced to undergo rigorous imprisonment for six months u/s 143 r/w s.149 IPC. Accused Nos.1 and 2 were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.5000 each and in default to undergo simple imprisonment for six months each for the offence punishable u/s 147 r/w s.149 IPC. Accused Nos.3 and 4 were sentenced to undergo rigorous imprisonment for two years each ...
Tag this Judgment!The Paristhithy Samrakshana Janakeeya Samithy, rep. by its Patron P.P. ...
Court: Kerala
Decided on: Sep-30-2015
Ashok Bhushan, C.J. 1. This Writ Petition filed as a public interest litigation prays for stopping of illegal mining operations being conducted by respondents 11 to 17, who without there being any valid permits are continuing with the mining operations affecting environment and ecology. 2. The first petitioner is a registered association registered under the Travancore Cochin Literary, Scientific and Charitable Societies Act, 1955. The 2nd petitioner is a member of the 1st petitioner and a local resident. Petitioners' case in the Writ Petition is that unauthorised and illegal mining operations are being conducted by the private respondents causing rampant damage to environment, houses and properties of the local residents. Mambra area in Parakkadavu Panchayat in Ernakulam District is a thickly populated area where unauthorised mining operations are being done for years in blatant violation of law. The statutory authorities turned blind eyes to this illegality. Referring to the judgment...
Tag this Judgment!Benny Paul @ Benny Vs. State of Kerala Circle Inspector of Police, Pal ...
Court: Kerala
Decided on: Sep-30-2015
Ravikumar, J. 1. This appeal is directed against the judgment of conviction in S.C.No.84 of 2011 passed by the Court of Session, Kottayam. The appellant/accused along with two others was charge sheeted in crime No.161 of 1992 of Pala Police Station for the offence punishable under sections 302 and 506 read with 34, IPC. The Court of Judicial First Class Magistrate, Pala committed the case as per proceedings in C.P.No.10 of 1993 to Court of Session, Kottayam and it was taken on file and numbered as S.C.No.55 of 1993. During its pendency the appellant herein/the original first accused therein, absconded and thereafter the case against him was split up and included in the register of Long Pending Cases. Accused Nos.2 and 3 therein who stood the trial in S.C.No.55 of 1993 were found guilty of the offence punishable under section 324 read with section 34, IPC and were convicted and sentenced therefor. The appellant herein was subsequently arrested and produced before the Court of Session, K...
Tag this Judgment!Suresh and Others Vs. State of Kerala
Court: Kerala
Decided on: Sep-30-2015
V. Raja Vijayaraghavan, J. 1. Accused Nos. 6 and 7 in S.C.80 of 2010 on the file of the II Additional Sessions Judge, Thodupuzha, have preferred Crl. A. 465 of 2015 challenging the judgment dated 10.4.2015 passed by the said Court by which they were convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 25,000/- each for offence punishable u/s 364A r/w S.34 of the IPC and in default of payment of fine, to undergo rigorous imprisonment for one year each. They have also been convicted and sentenced to undergo rigorous imprisonments for six months each for offence u/s 342 r/w S.34 IPC. 2. Accused No. 8 in the aforesaid Sessions Case has preferred Crl.A. 474 of 2015 challenging the conviction and sentence passed against him by the learned Sessions Judge. The aforesaid appellant has also been convicted and sentenced in the same manner as accused No 6 and 7. 3. (a). Crl.M.A. 5250 of 2015 has been preferred by the appellants in Crl.A. 465 of 2015 u/s 389 (1) of Code o...
Tag this Judgment!Suo Motu Proceedings Initiated on A Communication Received From The Ad ...
Court: Kerala
Decided on: Sep-30-2015
1. This is a Criminal Revision initiated under Section 401 Cr.P.C. 2. The Final Report filed after the investigation for the offences under Sections 511 of 377 and 302 IPC was taken on file by the Judicial First Class Magistrate s Court-III, Punalur as C.P.No.54 of 2014. The accused was in custody at the Central Prison, Thiruvananthapuram. During the investigation, on 25.01.2013, the learned Magistrate has directed the Superintendent of Central Prison, Thiruvananthapuram to cause the accused to be examined by the Civil Surgeon as per Section 328 Cr.P.C. He was admitted at the Mental Health Centre, Thiruvananthapuram on 28.01.2013 and thereafter vide letter dated 08.02.2013, the Superintendent of the Mental Health Centre, Thiruvananthapuram reported as follows: This patient admitted on 28.01.2013 has been observed for the past 10 days. He is found to have mental retardation-moderate with behaviour changes. His behaviour symptoms are in control. He does not need further inpatient care in...
Tag this Judgment!Seetha K. Moorthy, Proprietrix, M/s. Vivek and Vineeth Vs. M. Chandran ...
Court: Kerala
Decided on: Sep-30-2015
1. The revision petitioner who is the first respondent/complainant in Crl.A.492 of 2005 on the file of Sessions Court, Thrissur challenges the concurrent finding of conviction under Section 138 of Negotiable Instruments Act(hereinafter referred to as the 'N.I.Act'). He was the complainant in C.C.902 of 2002 on the file of Judicial First Class Magistrate III, Thrissur which was filed under Section 138 of N.I.Act. The accused is the first respondent in this revision petition and he was convicted by the trial court under Section 138 of the N.I.Act, and sentenced to imprisonment till rising of court and to pay compensation of Rs.1,30,000/- under Section 357(3) Cr.P.C and in default of payment of compensation, simple imprisonment for six months. 2. The revision petitioner's case in the trial court was that first respondent issued a cheque for Rs.2,46,497.90 to the complainant drawn on Bank of India, Nandikkara branch. When it was presented for encashment through IOB, Thrissur Branch, it was...
Tag this Judgment!Sinil and Another Vs. Central Bureau of Investigation, Special Crime B ...
Court: Kerala
Decided on: Sep-30-2015
V. Raja Vijayaraghavan, J. 1. Crl.A.No.728 of 2015 has been filed u/s 21(4) of the National Investigation Agency Act r/w S. 439 of the Code of Criminal Procedure (hereinafter referred to as the Code ) by accused Nos.9 and 10 in S.C.No.200 of 2015 of the Sessions Court, Thalassery, aggrieved by the common order dated 8.7.2015 in Crl.M.P.No.2113 of 2015 of the said Court as per which the bail application filed by the aforesaid appellants was dismissed by the learned Sessions Judge. 2. Crl.A.No.729 of 2015 has been filed by the accused Nos.5 to 7 and 14 to 16 in the same Sessions case aggrieved by common order dated 8.7.2015 in Crl.M.P. No 2139 of 2015 dismissing the bail application filed by them. 3. As the appellants in both the cases stand charged in the same crime and the facts as revealed from the prosecution version are one and the same, the appeals are heard and disposed of by a common judgment. 4. One Elamthottathil Manoj, a 42 year old Physical Training Instructor of Rashtriya Sw...
Tag this Judgment!Jayalekshmi Vs. State of Kerala represented by The Chief Secretary to ...
Court: Kerala
Decided on: Sep-29-2015
K.T. Sankaran, J. 1. Naveen Suresh, son of the petitioner, was detained in execution of Ext.P1 order of detention dated 21.3.2015 issued by the District Magistrate, Thiruvananthapuram under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as 'KAAPA'), on the ground that he is a 'known rowdy' as defined in the KAAPA. The order of detention was executed on 2.4.2015. Naveen Suresh is undergoing detention. In the Writ Petition, the order of detention as well as the continued detention are under challenge. 2. The learned counsel for the petitioner submitted that the order of detention is vitiated on several grounds. We shall discuss hereunder the points raised by the learned counsel for the petitioner. 3. It is stated in the order of detention that proceedings under Section 107 of the Code of Criminal Procedure were initiated against the detenu in the year 2014. Even thereafter, the detenu indulged in criminal activities which resulted in the regis...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »