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Kerala Court March 2016 Judgments

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Mar 03 2016

Union of India, represented by its Secretary, Ministry of Consumer Aff ...

Court: Kerala

Decided on: Mar-03-2016

Ashok Bushan, C.J. 1. The writ appeal has been filed by the Union of India and other respondents who were respondents 1 to 5 in W.P(C) No.16338/ 2011 filed by Sri.V.Parameswaran, the 1st respondent in the writ appeal. The Cont. Case (C) No.1536/2010 has been filed by another applicant viz., Sri.K.Gopalan complaining disobedience of the judgment and order of the learned Single Judge dated 14.3.2000 in O.P No.1642/1996 (V.K.Subramanian and others v. Government of India and others). The applicant was the 5th petitioner therein. 2. The writ petitioner V.Parameswaran relied on the judgment of the learned Single Judge dated 14.3.2000 in O.P No.1642/1996. Hence, both the writ appeal and the contempt case are heard together and are being decided by this common judgment. W.A No.1418/2015 3. The parties are referred as described in the writ petition. 4. The writ petitioner was an erstwhile employee of the Government of India, Ministry of Food under the Regional Director, Southern Region, Madras ...


Mar 02 2016

Ramapuram Grama Panchayat represented by its Secretary Vs. St. Basil I ...

Court: Kerala

Decided on: Mar-02-2016

Shaffique, J. 1. These appeals have been filed challenging the judgment dated 17/11/2015 in WP(C) No. 19503/2015. Writ Appeal No.2760/15 is filed by the Ramapuram Grama Panchayat, the 1st respondent in the writ petition and WA No. 78/2016 has been filed by respondent Nos.2 to 4 in the writ petition. 2. The writ petition has been filed by the 1st respondent in these appeals challenging Exts.P6 and P7 and for a direction to the respondent Panchayat to grant licence in favour of the petitioner's quarry. The parties are referred to as shown in the writ petition. 3. The short facts involved in the writ petition would disclose that the petitioner, a Private Limited Company, had obtained quarrying lease from Government of Kerala for quarrying granite building stones from a property having an extent of 4.1341 hectares which is situated in Ramapuram Grama Panchayat. Petitioner obtained Environmental Clearance from the State Environment Impact Assessment Authority (for short SEIAA) as per procee...


Mar 02 2016

Yousaf and Others Vs. The Kerala Co-operative Milk Marketing Federatio ...

Court: Kerala

Decided on: Mar-02-2016

1. The petitioners in all the four writ petitions are similarly situated, having a common grievance as regards the security of their service in the Kerala Co-operative Milk Marketing Federation ('the Federation'). This Court, therefore, decides to dispose of all the writ petitions through a common judgment. 2. Originally, 9 petitioners filed the writ petition; pending the writ petition, petitioners 5 and 6 have left the Organisation. Now, all the remaining seven petitioners are working as technicians. 3. Out of four petitioners, pending the writ petition, petitioners 1 and 4 left. The remaining two petitioners are working as technicians. 4. Out of nine petitioners, petitioners 1, 6 and 9 left the service pending the writ petition. All the remaining six petitioners are working as technicians. 5. It is pertinent to observe that the petitioners in these three writ petitions possessed the qualification required to hold the post of technician: ITI Certificate with a basic qualification of S...


Mar 01 2016

Ashish Aror and Others Vs. State of Kerala, rep., by the Secretary (Ho ...

Court: Kerala

Decided on: Mar-01-2016

1. Five among the accused in 23 crimes registered at different police stations have come up before this Court with a request to have the cases relating to all those crimes to be clubbed together as one case, thereby enabling the same to be tried together before one among the courts. 2. Petitioners are youngsters of the age group of 25-30. They are hailing from the State of Punjab. They have invested a peculiar modus operandi to cheat the State Bank of Travancore as well as the Federal Bank Limited. They used to fly from New Delhi to Nedumbassery, from where they used to hire a taxi and proceed to Thiruvanathapuram and other different locations, and to return to Nedumbassery. On the way, they used to step down at the ATM counters of the Federal Bank Limited and the State Bank of Travancore. By making use of different ATM cards procured from ICICI Bank, Axis Bank as well as HDFC Bank, they used to withdraw money from the ATM counters of the State Bank of Travancore and the Federal Bank L...


Mar 01 2016

The Angadi Service Co-Operative Bank Ltd. Vs. Nissamu Kutty and Others

Court: Kerala

Decided on: Mar-01-2016

1. The petitioner, a primary Co-operative society, a juristic person, as has been rightly contended by the learned counsel for the respondent, has been never affected by the impugned order in the first place. For whatever reason, it has chosen through its Secretary to challenge Ext.P7 order. As this Court is usually avers to non-suiting a party on a technicality, it has felt it desirable to entertain the writ petition. And it did entertain. 2. The facts in brief are that respondents 1 and 2 filed an Election Petition before the 16th respondent, the Co-operative Arbitration Court, assailing the election of respondents 5 to 14. In ARC No. 79 of 2012, respondents 1 and 2 filed I.A. No. 36 of 2015 for a direction to open the election records and examine the Secretary of the Bank with respect to its contents. The Arbitration Court eventually passed Ext.P7 order to the following effect: However, nothing preclude this Court to examine and verify the documents produced by the Counter Petitione...


Mar 01 2016

The Mattanchery Mahajanik Co-Operative Urban Bank Ltd. represented by ...

Court: Kerala

Decided on: Mar-01-2016

Ashok Bhushan, C.J. 1. This writ appeal has been filed against judgment dated 26th October 2015 in WP(C) No.26684/2013, by which judgment the writ petition filed by the 1st respondent to this appeal has been allowed. The appellants, who were respondents 1 and 2 in the writ petition, have come up in the writ appeal challenging the said judgment. Parties shall be referred to as described in the writ petition. 2. The brief facts of the case are as follows: The writ petitioner was a member of the Mattancherry Mahajanik Co-operative Urban Bank Limited, a Co-operative Society registered under the Kerala Co-operative Societies Act. The Committee of the Society took a decision to fill up the post of General Manager by direct recruitment and Ext.P1 notification was published in Mathrubhumi Daily on 30/9/2012. Petitioner's case in the writ petition is that as per Rule 185 of the Kerala Cooperative Societies Rules, the posts in societies have to be filled up by promotion from the feeder categorie...


Mar 01 2016

V. Ramachandran and Another Vs. Narendra Sinh and Others

Court: Kerala

Decided on: Mar-01-2016

Anil K. Narendran, J. 1. The appellants are the claimants in O.P.(MV)No.1177/2000 on the file of the Additional Motor Accidents Claims Tribunal, Palakkad, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of one Venkiteswaran, in a motor accident which occurred on 2.6.2000 at about 6.30 pm, at a place called Padalodemedu in Kuzhalmannam, on the National Highway-47. The appellants are the parents of the deceased who was aged 27 years. The deceased who was working as a Sales Executive in Bharat Shell Ltd. was driving his Maruti 800 car bearing Registration No.KL-13/E-7463 from Kochi to Erode. While the deceased was trying to overtake a bus, the car hit on a lorry bearing Registration No.GJ-3/V-8666 owned, driven and insured by respondents 1 to 3, which came in the opposite direction. It is alleged in the claim petition that, due to darkness all around, all the vehicles plying on the road have switched on the headlights,...


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