Kerala Court January 2016 Judgments
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Abhishek Singh (IAS) Vs. Amit Meena (IAS) Sub Collector and Sub Divisi ...
Court: Kerala
Decided on: Jan-13-2016
1. The 1st respondent herein, who was the Sub Collector and the Sub Divisional Magistrate, Malappuram, had preferred Annexure-VIII representation before the District Collector, Malappuram, complaining about harassment from his Junior Officer, who is none other than the petitioner herein. 2. In fact, Annexure-VIII does not reveal any cognizable offence at all. Immediately on getting Annexure- VIII, the District Collector, Malappuram forwarded Annexure- VIII to the District Police Chief, Malappuram, thereby requesting for urgent action and with a direction to register a First Information Report immediately. On getting Annexure VIII, even without recording the statement of the 1st respondent, the Sub Inspector of Police, Perinthalmanna registered Annexure-X First Information Report, thereby registering Crime No.1210 of 2014, for the offences under Section 506(i) IPC and Section 118(d) of the Kerala Police Act. 3. The narrations made in Annexure-VIII do not contain necessary ingredients to...
State of Kerala, represented by Chief Secretary and Another Vs. Kerala ...
Court: Kerala
Decided on: Jan-13-2016
Ashok Bhushan, C.J. 1. These Writ Appeals and Writ Petitions raise identical questions of facts and law and have been heard together. Writ Appeal No.1056 of 2008 is being treated as the leading Writ Appeal and reference of pleadings in the said Writ Appeal shall suffice in deciding all the cases. 2. W.A. No.1056 of 2008 has been filed by the State of Kerala challenging the judgment dated 22.08.2007 in W.P.(C) No.22236 of 2005. W.P(C) No.22236 of 2005 was filed by the Kerala Land Development Corporation Employees' Union and 82 employees challenging the decision of the State Government refusing to approve the proposal of the Kerala Land Development Corporation to increase the age of retirement of its employees from 55 to 60 years. The Learned Single Judge quashed the order of the State Government and directed that employees of the Corporation shall be entitled to continue in service till 60 years as resolved by the Board of Directors in its meeting dated 14.05.1998. 3. The other Writ App...
The United India Insurance Co. Ltd., Nemmara Branch represented by The ...
Court: Kerala
Decided on: Jan-13-2016
Anil K. Narendran, J. 1. The appellant is the second opposite party in W.C.C.No.269 of 2006 on the file of the Workmen's Compensation Commissioner, Palakkad (hereinafter referred to as 'the Commissioner'), an application filed by the first respondent herein, under Section 22 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), read with Rule 20 of the Workmen's Compensation Rules, 1924 (hereinafter referred to as 'the Rules'), claiming a lump sum amount of Rs.1,00,000/- together with interest as compensation for the injuries sustained in an accident occurred on 14.3.2006, in the course of his employment under the first opposite party, the second respondent herein. 2. The first respondent is a permanent employee in the tea estate owned by the second respondent at Nelliyampathy. On 14.3.2006 at 9.00 am, while the first respondent was plucking tea leaves in the estate, he was attacked by a wild pig, resulting injuries to his right knee. Immediately after the acc...
Thalassery Co-op.Rural Bank Ltd. Vs. State of Kerala Represented by it ...
Court: Kerala
Decided on: Jan-12-2016
1. The devil is in detail: thus goes the idiom. The fact of the present case is that the devil of delay is in the detail of chronology the proceedings having begun in 1984, the lis refuses to die down even after thirty years. 2. In 1984, the third respondent was charged with dereliction of duty; in 1985, a punishment of reversion was imposed; the quasi-judicial proceedings dragged on and still drag on though the third respondent retired from service in 2007. Now, the petitioner Bank, the employer, wants the matter to be remanded to the Co-operative Arbitration Court so that it could have the revision heard on merits . 3. As observed above, the chronology of events has its own tale to tell: On 19.09.1984, the third respondent, then working as an internal auditor, was transferred to the Evening Branch of the petitioner Bank at Thalasseri. The General Manager through a letter dated 17.10.1984, required the third respondent to prepare the outstanding list of Saving Bank Depositors as on 30...
Musthafa Kooloth Peedikayil Vs. The State of Kerala, represented by Th ...
Court: Kerala
Decided on: Jan-12-2016
1. The vehicle bearing Reg.No.KL 59-J 8426 owned by the petitioner was stolen away by some unknown persons during February, 2015. On the complaint of the petitioner to that effect, timely a crime was registered as Crime No.217/2015 of the Taliparamba Police Station. The crime is under investigation. No arrest could be made and the vehicle could not be seized. Subsequently, some unknown persons had made use of the said vehicle by affixing a false registration number, for transporting river sand illegally. The same was seized on 09.06.2015 by the Payangadi Police, and Crime No.527/2015 was registered. The vehicle was produced before the Judicial First Class Magistrate's Court, Payangadi in the said crime. It was revealed that it was the very same vehicle belonging to the petitioner on which theft was committed, has been made use of by the same unknown persons who are involved in Crime No.527/15, for the illegal transportation of river sand. 2. On coming to know about the incident, the pe...
Shriram General Insurance Co. Ltd. rep by it's Legal Officer Vs. P.K. ...
Court: Kerala
Decided on: Jan-11-2016
P.R. Ramachandra Menon, J. 1. Challenge is by the Insurance Company against the award passed by the Tribunal granting a total compensation of Rs.7,85,000/- in respect of a person aged 21 years who was admittedly pursuing his studies in a Polytechnic, for obtaining a Diploma in the relevant field of Engineering. The contention is that the Tribunal has reckoned a notional monthly income of Rs.5,000/- and added 30%, referring to the ruling rendered by the Apex Court in Savita V. Bindar Singh [2014 ACJ 1261] which according to the Insurance Company is not at all applicable to the case in hand and hence the challenge. 2. The accident occurred was on 25.3.2012. The deceased, while riding a motor cycle, was knocked down by the mini lorry/mini pick up van bearing Reg.No.KL-55- H-3063 driven, owned and insured by respondents 1 to 3 before the Tribunal; causing fatal injuries leading to his death. This was sought to be compensated by filing a claim petition preferred by the parents and siblings....
Jibin C. Baby Vs. The Commissioner for Entrance Examinations Governmen ...
Court: Kerala
Decided on: Jan-08-2016
1. The petitioner essentially challenges the legality and validity of the decision of the 1st respondent at Ext.P-16 in rejecting the petitioner's claim for Scheduled Caste (Hindu Sambava) status for admission to professional courses, 2007. The said impugned Ext.P-16 dated 30.6.2007 is based on an enquiry report (Ext.P-10) of the 3rd respondent-KIRTADS (Kerala Institute for Research, Training and Development Studies for Scheduled Castes/Scheduled Tribes), which, according to the petitioner, is not taking into account the crucial relevant criteria and the principles laid down by the Apex Court on the issue of conversion and reconversion of Scheduled Castes. The petitioner's paternal great grandfather and paternal grandfather (Chothi) belonged to Hindu Sambava community. It is also not in dispute that his forefathers prior to his paternal great grandfather were also belonging to the said community. It is evident from Ext.P-8 (report dated 9.5.1988 of the Village Officer concerned), that ...
Joseph Vs. State of Kerala represented by Public Prosecutor
Court: Kerala
Decided on: Jan-08-2016
1. The accused in S.C.No.146/2005 on the file of the Additional Sessions Court (Adhoc)-I, Kottayam is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Pala Excise Range in Crime No.12/2003 of that excise range under section 55(g) of the Abkari Act. 2. The case of the prosecution in nutshell was that on 5.9.2003, at about 6 p.m, the accused was found to be in possession of 50 litres of wash and 450 ml of arrack in his house with No.XI/58 of Pala Municipality in violation of the provisions of the Abkari Act and thereby he had committed the above said offence. 3. After investigation, final report was filed before the Judicial First Class Magistrate Court, Pala, where it was taken on file as C.P.No.10/2005. After complying with the formalities, the learned Magistrate committed the case to the Sessions Court, Kottayam under section 209 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). After committal, the Sessions Court took cognizance...
K. Raveendranath Vs. State of Kerala represented by Secretary to Gover ...
Court: Kerala
Decided on: Jan-08-2016
1. The petitioner who has been working as Higher Secondary School Teacher (hereinafter referred to as 'HSST' for short) in Economics since 4.7.2001 has filed this writ petition challenging Ext.P6 order dated 8.6.2009 by which the full time benefit which was given to him in the year 2007 with effect from 16.7.2001 was withdrawn and his pay was re-fixed in the scale of pay of Rs.5,500-9,075/-. 2. The petitioner commenced his service as High School Assistant (HSA) in PRMK Higher Secondary School, which is an aided school under the management of the 4th respondent, on 7.8.1991. He was appointed as HSST (Economics) in the same school with effect from 4.7.2001. As per Ext.P1, his appointment was approved as HSST(Jr.) in the scale of pay of Rs.5500-9075/- from 28.6.2004 onwards. Later by Ext.P2 order dated 10.7.2007 the approval was ante-dated with effect from 16.7.2001 and he was granted full time scale of pay as applicable to HSST. The grant of full time scale ie Rs.6675-10550/- was granted...
K. Vijayakumar Vs. State rep. by Dy. S.P Vigilance and Anti Corruption ...
Court: Kerala
Decided on: Jan-08-2016
1. The accused in C.C.No.7/1997 on the file of the Enquiry Commissioner and Special Judge, Kozhikode is the appellant herein. The appellant was charge sheeted by the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Palakkad in Crime No.2/1994 of VACB, Palakkad alleging offences under sections 13(1)(c) and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act (hereinafter referred to as the 'P.C.Act'), 1988 and sections 409, 465 and 477 A of the Indian Penal code. 2. The case of the prosecution in nutshell was that the accused while working as Employment Officer of the Town Employment Exchange, Shornur in Palakkad district during the period 27.6.1991 to 10.2.1992 was entrusted with government money for disbursement of unemployment wages to eligible unemployed youths, misusing his official position for his personal gain while discharging his duty as public servant, with fraudulent intention, misappropriated an amount of Rs.30,600/- by making false ent...
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