Court : Kerala
Reported in : AIR1978Ker131; 1978CriLJ743
V.P. Gopalan Nambiyar, C.J. 1. This matter has been placed before a Full Bench to consider the correctness of two Division Bench Rulings of this Court in Abraham v. Thankamma (1975 Ker LT 451) and Raman Pillai v. Dakshayani (1975 Ker LT 739). Both the decisions were by a Division Bench consisting of Khalid and Janaki Amma JJ. Khalid J. who made the order of reference in the first instance noticed the conflict of judicial opinion on the question, expressed his misgiving as to the correctness of the prior rulings, and his embarrassment in the matter, and felt that the matter had to be decided by a Full Bench. It was accordingly referred by a Division Bench of two of us to a Full Bench. 2. The two Division Bench rulings referred to earlier took the view that the introduction of Section 399 in the new Criminal Procedure Code alters the practice settled for this Court in Narayanan v. Kannamma Bhargavi 1968 Ker. LT 495 : (AIR 1969 Ker 126) (FB). The Division Bench noticed that the Sessions J...
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Reported in : AIR1986Ker15
P.C. Balakrishna Menon, J.1. By this writ petition the petitioner seeks a declaration that the Pulaya caste in Kerala falls under Entry 54 in the list of Scheduled Castes in Kerala appended to the Constitution (Scheduled Castes) Order, 1950, as amended by Central Act 108 of 1976.2. The petitioner is a member of the Pulaya Community belonging to the erstwhile Travancore-Cochin area of the Kerala State. He is presently working as Supervisor in the Posts and Telegraphs Department in the Cochin Foreign Post Office. He is also the Vice President of the Kerala Harijan Federation and the President of the All India Scheduled Castes/Tribes Federation of Post and Telegraph Employees, Kerala Circle.3. After the amendment of the Constitution (Scheduled Castes) Order, 1950 by Act 108 of 1976, the 4th respondent issued a circular letter requiring all officials belonging to Scheduled Castes and Scheduled Tribes, working in the Department to produce caste certificates. As per orders issued by the Stat...
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Ashok Bhushan, C.J. 1. All these Writ Appeals except W.A. No.556 of 2016 arise out of W.P(C) No.39448 of 2015. Writ Appeal No.556 of 2016 arises out of the judgment in W.P(C) No.3504 of 2016. Common issues of fact and law being involved in all these Writ Appeals they have been heard together and are being decided by this common judgment. Writ Petitioners are the in-service candidates who have completed five years of service whereas the appellantsare in-service candidates who have completed two yearsof service. There is inter-se dispute between the candidates who have completed five and two years service, respectively regarding admission to Post Graduate Medical Course, 2016. Writ petitioners who have completed five years of service shall be referred to as petitioners whereas the in-service candidates who have completed two years of service shall be referred as appellants. 2. Brief facts and sequence of events giving rise to the Writ Appeals are: The issues which have been raised in thi...
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P.R. Ramachandra Menon, J. Dismissal of the Insurance cases filed by the appellants/educational institutions before the Employees Insurance Court under Section 75 r/w Sec. 77 of the Employees Insurance Act (for short Act ) for a declaration that their Institutions are not liable to be covered under the Act; that no contribution is liable to be paid by them under any circumstance; that Teachers are not liable to be considered as employees as defined under Section 2(9) of the Act and thus seeking to set aside the notice/proceedings issued by the authorities of the ESI Corporation, is the subject matter of challenge in all these cases preferred under Section 82 of the Act. In some of the cases, violation of Article 30(1) of the Constitution of India, for intruding into the minority status/rights is also projected as a ground for interference. 2. One of the main contentions raised in these appeals is as to the incompetency on the part of the authorities concerned to proceed with further st...
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Shaffique, J. 1. All these writ petitions have been referred to this Court by a common reference order dated 6/8/2015 wherein the learned Single Judge having considered the matter in detail and answering certain issues, expressed doubt regarding the power of Central Board of Secondary Education (for short 'CBSE') to reduce the limitation period for correcting the date of birth in the mark sheet by one year, by observing that the period of five years have been specified based on a concession made before a Division Bench of this Court. 2. All these writ petitions were filed by separate writ petitioners claiming that the CBSE and the respective Principals/Headmasters of the school should be directed to correct the date of birth in the mark sheet and the registers maintained by the said authorities, as the date of birth appearing in the Register maintained by the local authority is different. 3. The short facts in WP(C) No.1362/2015 are: The petitioner was born at Abudhabi, United Arab Emi...
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1. The first petitioner is a Co-Operative Society and the second petitioner, its President. In this writ petition, they impugned Ext.P1 award of the Co-Operative Arbitration Court; Ext.P4 judgment of the second respondent, the Co-Operative Tribunal; and also Ext.P6 order in review passed by the second respondent. 2. The facts in brief are that the first petitioner society, initially, initiated disciplinary proceedings against the first respondent, its erstwhile Secretary. In the very beginning, the first respondent was said to have objected to the appointment of a person as the Enquiry Officer on the ground that he had been rendering legal advice to the respondent society. Though the Enquiry Officer referred the issue to the Managing Committee of the Society; it, nonetheless, directed the Enquiry Officer to go ahead with the enquiry. 3. Since the first respondent did not participate in the enquiry, the Enquiry Officer rendered ex parte findings and submitted the report to the Managing ...
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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 THOTTATHIL B.RADHAKRISHNAN THE HONOURABLE MR.JUSTICE ANTONY DOMINIC THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE14H DAY OF SEPTEMBER201523RD BHADRA, 1937 WA.NO. 2516 OF2009( ) ------------------------ AGAINST JUDGMENT DATED1308.2009 IN W.P(C) NO.30854 OF2007OF THE HIGH COURT OF KERALA APPELLANT(S)/PETITIONER: ------------------------ CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK BANK LTD.NO.1155, CHIRAYINKEEZHU, REP. BY ITS SECRETARY. BY ADV. SRI.LIJU. M.P RESPONDENT(S)/RESPONDENTS: -------------------------- 1. K.SANTHOSH RAILWAY STATION, CHIRAYINKEEZHU.2. LABOUR COURT, KOLLAM. R2 BY ADV. SRI.BECHU KURIAN THOMAS R. BY ADV. SRI.PAUL JACOB (P) R. BY ADV. SRI.ENOCH DAVID SIMON JOEL R. BY ADV. SRI.S.SREEDEV R. BY ADV. SRI.RONY JOSE R. BY ADV. SRI.GEORGE A.CHERIAN BY SPECIAL GOVERNMENT PLEADER SMT. GIRIJA GOPAL THIS WR...
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IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY,THE3D DAYOF JULY201512TH ASHADHA, 1937 ITA.No. 267 of 2014 () ----------------------- AGAINST THE ORDER IN ITA240COCH/2014 of I.T.A.TRIBUNAL,COCHIN BENCH DATED0808-2014 APPELLANT(S)/APPELLANT: -------------------------------------------- EQUITY INTELLIGENCE INDIA PVT. LTD. 5TH FLOOR, AREEKAL MANSION, MANORAMA JUNCTION PANAMPILLY NAGAR, COCHIN - 682 036. BY ADVS.SRI.JOSEPH MARKOSE (SR.) SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TOM THOMAS (KAKKUZHIYIL) SRI.ABRAHAM JOSEPH MARKOS SRI.ISAAC THOMAS SRI.NOBY THOMAS CYRIAC RESPONDENT(S)/RESPONDENT: -------------------------------------------------- THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1 (1), ERNAKULAM, KOCHI - 682 018. R-R BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) R-R BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAXAPPEAL HAVING BEEN FINALLY HEARD ON2606-2015 ALONG WITH ITA. 274...
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IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE8H DAYOF APRIL201518TH CHAITHRA, 1937 WA.No. 523 of 2011 ( ) IN WP(C).5070/2010 ------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 5070/2010 of HIGH COURT OF KERALA DATED1603-2011 APPELLANT/PETITIONER: ----------------------------------- NAIR SERVICE SOCIETY REPRESENTED BY ITS GENERAL SECRETARY, PERUNNA KOTTAYAM DISTRICT. BY ADVS.SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001.2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. BY SPL.GOVERNMENT PLEADER SRI T.T.MUHAMOOD THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON1803.2015 ALONG WITH WA.594/2011,AND CON.CASES, THE COURT ON0804-2015, DELIVERED THE FOLLOWING: "CR" ANTONY DOMINIC & ANIL K....
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE31T DAY OF MARCH201510TH CHAITHRA, 1937 WA.No. 1556 of 2014 () ------------------------------- AGAINST THE JUDGMENT IN WP(C).NO.22195/2014 DATED3010-2014. ...... PETITIONER/APPELLANT IN THE WP(C):- ------------------------------------------------------------- XAVIER'S RESIDENCY, REPRESENTED BY ITS MANAGING PARTNER, D. RAJKUMAR, THEVALLY, KOLLAM. BY SRI.N.VENKATARAMAN, SENIOR ADVOCATE. ADVS. SRI.A.SUDHI VASUDEVAN, SMT.K.PUSHPAVATHI. RESPONDENTS/RESPONDENTS:- ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARYTO THE GOVERNMENT, TAXES (G) DEPARTMENT, THIRUVANANTHAPURAM.2. EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM.3. DEPUTY COMMISSIONER OF EXCISE, KOLLAM. BY SRI.KAPIL SIBAL, SENIOR ADVOCATE. SRI.K.P.DANDAPANI, ADVOCATE GENERAL. SPL. GOVT. PLEADER SRI.TOM K.THOMAS. THIS WRIT ...
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