Kerala Court February 2016 Judgments
New India Assurance Co. Ltd., rep. by the Dy. Manager Vs. Kusumam and ...
Court: Kerala
Decided on: Feb-01-2016
Ramachandra Menon, J. 1. This appeal has been preferred by the insurance company mainly on two grounds; firstly that the multiplier adopted by the Tribunal based on the 'age of the deceased' is not correct and that the same should have been reckoned with reference to the age of the parents/claimants. Secondly, the Tribunal has deducted only '1/3rd' towards the personal expenses, treating 2/3rd as the contribution to the family, but since the deceased was a bachelor, 50% ought to have been deducted as personal expenses and only the remaining 50% ought to have been reckoned as contribution to the family. Some other contentions are also taken with reference to the other heads of compensation awarded, stating that the same is excessive. 2. Heard the learned counsel for the appellant as well as the learned counsel appearing for the claimants. 3. The deceased, aged 28 years was riding a motor cycle on 20.10.2005 and when the motor cycle reached the place of occurrence, a lorry bearing No.KL-...
Tag this Judgment!Manuel Vivera Vs. The Union of Anglo Indian Associations, represented ...
Court: Kerala
Decided on: Feb-01-2016
1. The defeated plaintiff in a suit for declaration and injunction is the appellant. 2. The short facts relevant for decision of this second appeal are the following: The first defendant namely, the Union of Anglo- Indian Association, hereinafter referred to as 'the Union' for short, is an association of Anglo-Indian organizations in the State. As per the Articles of Association of the Union, election to the various offices of the Union is to be conducted once in two years in the annual general meeting of the Union. The plaintiff and the second defendant were elected as the President-in-Chief and the General Secretary of the Union respectively in its annual meeting held on 31.10.2004. After the election, there arose difference of opinion between the plaintiff and the second defendant. While so, on 26.11.2005, the plaintiff received a letter dated 22.11.2005 from the second defendant stating that he has been removed from the office of the President-in-Chief of the Union as also from the...
Tag this Judgment!Kochi Refineries Limited., Vs. M/s. Reva Enviro Systems (P) Ltd.,
Court: Kerala
Decided on: Feb-01-2016
Anil K. Narendran, J. 1. The appellant is respondent in O.P.(Arb.)No.51 of 2005 on the file of the First Additional District Court, Ernakulam, an Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeking an order to set aside the award passed by the Arbitrator dated 23.11.2004. The Court below by order dated 31.1.2006 allowed the Original Petition, setting aside the award passed by the Arbitrator. Aggrieved by the said order, the appellant is before this Court in this appeal, under section 37(1)(b) of the Act. 2. We heard the arguments of the learned counsel for the appellant and also the learned counsel appearing for the respondent. 3. The appellant, the claimant before the Arbitrator and respondent before the court below, floated global tenders on 18.10.1999 for the work of Effluent Treatment Plants I and III. The respondent herein, the petitioner before the court below and respondent before the Arbitrator, s...
Tag this Judgment!ST. Peter's and St.Pauls's Orthodox Syrian Church and Another Vs. Cher ...
Court: Kerala
Decided on: Feb-01-2016
1. The order in an application for temporary injunction is under challenge in this appeal. The defendants in the suit are the appellants. 2. Respondents 1 to 3 instituted the suit alleging that they are parishioners of the first defendant church; that their names are included in the parish register as also in the parish assembly register of the first defendant church maintained in the year 1973 and that the second defendant Vicar of the first defendant church is attempting to exclude the plaintiffs and other eligible parishioners from the parish registers of the first defendant church. It was also alleged by the plaintiffs that there exists a factional dispute among the parishioners of the first defendant church and the second defendant is attempting to exclude the eligible parishioners including the plaintiffs from the parish registers of the first defendant church at the instance of the leaders of one faction. The plaintiffs, therefore, claimed a decree of permanent prohibitory injun...
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