Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE2D DAY OF JULY201511TH ASHADHA, 1937 WP(C).NO. 31299 OF2008(S) ---------------------------- PETITIONER(S): ---------------- 1. KHURAN SUNNATH SOCIETY & OTHERS ITS CENTRAL COMMITTEE EXECTUVE MEMBER DR.M.ABDUL JALEEL, PUTTEKKAD, FEROKE KOZHIKODE DISTRICT.2. HUMANIST CENTRE, REPRESENTED BYITS PRESIDENT, SRI. K.V.SYED MUHAMMED, PULLIYILANGADI P.O., ANAKKAYAM, MANJERI MALAPPURAM DISTRICT.3. C.V.ABDUL SALAM, AGED44YEARS, S/O. MAYIN, PANALIL HOUSE, P.O. KAPPAD KOZHIKODE DISTRICT673304 4. M.C. RABIA, AGED59YEARS, W/O. K.K. ABDUL ALI, RESIDING AT, HIKAMAT HOUSE KAPPAD POST, KOZHIKODE673304.5. V.P. ZUHARA, AGED58YEARS, PRESIDENT, NISA, MUSLIM WOMENS FORUM, CIVIL STATION KOZHIKODE. BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.J.R.PREM NAVAZ RESPONDENT(S): -------------- 1. UNION OF INDIA AND ANOTHER SECRETARY TO GOVERNMENT, MINISTRY OF LAW GOVERNMENT OF I...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE2D DAY OF JULY201511TH ASHADHA, 1937 WP(C).NO. 31299 OF2008(S) ---------------------------- PETITIONER(S): ---------------- 1. KHURAN SUNNATH SOCIETY & OTHERS ITS CENTRAL COMMITTEE EXECTUVE MEMBER DR.M.ABDUL JALEEL, PUTTEKKAD, FEROKE KOZHIKODE DISTRICT.2. HUMANIST CENTRE, REPRESENTED BYITS PRESIDENT, SRI. K.V.SYED MUHAMMED, PULLIYILANGADI P.O., ANAKKAYAM, MANJERI MALAPPURAM DISTRICT.3. C.V.ABDUL SALAM, AGED44YEARS, S/O. MAYIN, PANALIL HOUSE, P.O. KAPPAD KOZHIKODE DISTRICT673304 4. M.C. RABIA, AGED59YEARS, W/O. K.K. ABDUL ALI, RESIDING AT, HIKAMAT HOUSE KAPPAD POST, KOZHIKODE673304.5. V.P. ZUHARA, AGED58YEARS, PRESIDENT, NISA, MUSLIM WOMENS FORUM, CIVIL STATION KOZHIKODE. BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.J.R.PREM NAVAZ RESPONDENT(S): -------------- 1. UNION OF INDIA AND ANOTHER SECRETARY TO GOVERNMENT, MINISTRY OF LAW GOVERNMENT OF I...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE2D DAY OF JULY201511TH ASHADHA, 1937 WP(C).NO. 31299 OF2008(S) ---------------------------- PETITIONER(S): ---------------- 1. KHURAN SUNNATH SOCIETY & OTHERS ITS CENTRAL COMMITTEE EXECTUVE MEMBER DR.M.ABDUL JALEEL, PUTTEKKAD, FEROKE KOZHIKODE DISTRICT.2. HUMANIST CENTRE, REPRESENTED BYITS PRESIDENT, SRI. K.V.SYED MUHAMMED, PULLIYILANGADI P.O., ANAKKAYAM, MANJERI MALAPPURAM DISTRICT.3. C.V.ABDUL SALAM, AGED44YEARS, S/O. MAYIN, PANALIL HOUSE, P.O. KAPPAD KOZHIKODE DISTRICT673304 4. M.C. RABIA, AGED59YEARS, W/O. K.K. ABDUL ALI, RESIDING AT, HIKAMAT HOUSE KAPPAD POST, KOZHIKODE673304.5. V.P. ZUHARA, AGED58YEARS, PRESIDENT, NISA, MUSLIM WOMENS FORUM, CIVIL STATION KOZHIKODE. BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.J.R.PREM NAVAZ RESPONDENT(S): -------------- 1. UNION OF INDIA AND ANOTHER SECRETARY TO GOVERNMENT, MINISTRY OF LAW GOVERNMENT OF I...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE2D DAY OF JULY201511TH ASHADHA, 1937 WP(C).NO. 31299 OF2008(S) ---------------------------- PETITIONER(S): ---------------- 1. KHURAN SUNNATH SOCIETY & OTHERS ITS CENTRAL COMMITTEE EXECTUVE MEMBER DR.M.ABDUL JALEEL, PUTTEKKAD, FEROKE KOZHIKODE DISTRICT.2. HUMANIST CENTRE, REPRESENTED BYITS PRESIDENT, SRI. K.V.SYED MUHAMMED, PULLIYILANGADI P.O., ANAKKAYAM, MANJERI MALAPPURAM DISTRICT.3. C.V.ABDUL SALAM, AGED44YEARS, S/O. MAYIN, PANALIL HOUSE, P.O. KAPPAD KOZHIKODE DISTRICT673304 4. M.C. RABIA, AGED59YEARS, W/O. K.K. ABDUL ALI, RESIDING AT, HIKAMAT HOUSE KAPPAD POST, KOZHIKODE673304.5. V.P. ZUHARA, AGED58YEARS, PRESIDENT, NISA, MUSLIM WOMENS FORUM, CIVIL STATION KOZHIKODE. BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.J.R.PREM NAVAZ RESPONDENT(S): -------------- 1. UNION OF INDIA AND ANOTHER SECRETARY TO GOVERNMENT, MINISTRY OF LAW GOVERNMENT OF I...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE2D DAY OF JULY201511TH ASHADHA, 1937 WP(C).NO. 31299 OF2008(S) ---------------------------- PETITIONER(S): ---------------- 1. KHURAN SUNNATH SOCIETY & OTHERS ITS CENTRAL COMMITTEE EXECTUVE MEMBER DR.M.ABDUL JALEEL, PUTTEKKAD, FEROKE KOZHIKODE DISTRICT.2. HUMANIST CENTRE, REPRESENTED BYITS PRESIDENT, SRI. K.V.SYED MUHAMMED, PULLIYILANGADI P.O., ANAKKAYAM, MANJERI MALAPPURAM DISTRICT.3. C.V.ABDUL SALAM, AGED44YEARS, S/O. MAYIN, PANALIL HOUSE, P.O. KAPPAD KOZHIKODE DISTRICT673304 4. M.C. RABIA, AGED59YEARS, W/O. K.K. ABDUL ALI, RESIDING AT, HIKAMAT HOUSE KAPPAD POST, KOZHIKODE673304.5. V.P. ZUHARA, AGED58YEARS, PRESIDENT, NISA, MUSLIM WOMENS FORUM, CIVIL STATION KOZHIKODE. BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.J.R.PREM NAVAZ RESPONDENT(S): -------------- 1. UNION OF INDIA AND ANOTHER SECRETARY TO GOVERNMENT, MINISTRY OF LAW GOVERNMENT OF I...
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Reported in : 2007CriLJ4005
K. Thankappan, J.1. The common questions involved in these appeals are (i) whether the court below was justified in acquitting the accused in the Calendar Cases against which the appeals are filed and (ii) whether the sanction order given by the Secretary, Vigilance Department to prosecute the accused in the above cases under Section 6 of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act') is legally correct or not. 2. The acquittal orders passed in the Calendar Cases were on the basis of the finding entered by the Enquiry Commissioner and Special Judge, Kozhikde to the effect that the Secretary, Vigilance Department was not competent to issue the sanction order to prosecute the accused in the above cases. The grounds urged in the appeals are (i) the impugned orders are not sustainable on the ground that the trial Judge has no power to acquit the accused in view of the defective sanction granted by an incompetent officer and (ii) the trial Judge went wrong in ...
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Reported in : 2006CriLJ671; 2005(4)KLT590
ORDERJ.B. Koshy, J. 1. Doubting the correctness of the decision of the Division Bench in Shaji v. Kerala State : 2004(3)KLT270 in view of the two earlier judgments of the Apex Court, this Bail Application was referred to the Division Bench. Petitioner is the 2nd accused in Crime No. 18/2004 of Railway Police Station, Shornur. The allegation against the petitioner is that he along with another accused was found to be in possession of 3200 ampules of Norphine (Buprenorphine Hydrochloride) and 60 Ampules Ophenorgon. Petitioner was arrested on 25-6-2005. According to the counsel for the petitioner, he was in custody for about 110 days. Since quantity seized was a 'small quantity' he is entitled to statutory bail as charge sheet is not yet to be framed. Contention of the petitioner is that each ampule contains 0.3 gms. of Buprenorphine and hence what was seized is a small quantity below 1 gm. The Sessions Judge while rejecting the bail application found that since each ampule contains 2 ml....
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Reported in : 2006(1)KLT339
K. Thankappan, J.1. These Writ Petitions and Crl. Miscellaneous Cases relate to Crime No. 282 of 1997 of Nadakavu Police Station, Kozhikode registered on the basis of the First Information Statement given by Ms. K. Ajitha, the petitioner in W.P. (C) No. 30176 of 2005.2. The case was registered against 16 accused whose names and addresses are mentioned in Ext.Pl charge (produced in W.P.(C) No. 30176 of 2005) framed on the basis of the final investigation report filed by the police. The case is now pending as S.C. No. 124 of 2002 on the file of the Additional Assistant Sessions Court II, Kozhikode. The above case was nicknamed by the media as 'Ice Cream Parlour Case'.3. The short facts of the case are that one Ms. Sreedevi, the first accused in Ext.PI was alleged to be running a commercial sex centre under the guise of running an ice crearm parlour and on the basis of the First Information Statement given by the petitioner in W.P. (C) No. 30176 of 2005, the above crime was registered by ...
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Reported in : 2004CriLJ2351; 2004(1)KLT859
ORDERJ.B. Koshy, J.1. Whether this Court in the absence of any miscarriage of justice, is bound to interfere in the order of a Magistrate allowing amendment of a petition filed under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short 'the Act') in the absence of specific provision for amendment of pleadings in the Code of Criminal Procedure is the question considered in this case.2. First respondent herein filed a petition under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act. According to her claim, the counter petitioner in the M.C. has promised a mahar of 28 grams of gold ornaments and it was given. At the time of evidence, the counter petitioner (husband) deposed that out of the mahar promised, only 14 grams of gold was given. Contention of the husband was that since the marriage was not consumated, he has obligation only to give 50% of the mahar promised. According to the wife, the marriage was already consumated. She filed a pe...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE8H DAY OF DECEMBER201417TH AGRAHAYANA, 1936 WA.NO. 250 OF2011----------------------- AGAINST JUDGMENT IN WP(C) 31820/2005 OF HIGH COURT OF KERALA DATED0701-2011 APPELLANT(S)/RESPONDENTS1TO4IN THE WPC: ------------------------------------------ 1. STATE OF KERALA, REP. BY THE CHIEF SECRE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM-695 001.2. THE SECRETARY, DEPARTMENT OF TOURISM, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, KERALA STATE, PIN-695 043.4. THE TAHSILDAR, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT KERALA STATE, PIN-695 121. BY ADVS.SRI.JAYADEEP GUPTA (SR.) BY GOVERNMENT PLEADER SHRI T.T. MUHAMOOD RESPONDENT(S)/PETITIONERS2& 3 AND RES. 5 & 6 IN THE : ------------------------------------------------------- 1. HOTEL LEELAVENTURE LTD. AND3OTHERS REGI...
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