Court : Kerala
Decided on : Feb-19-2009
Reported in : 2009(1)KLJ771
ORDERPius C. Kuriakose, J.1. RCR. No. 204 of 2007 is instituted by the tenants and RCR. Nos. 35 of 2008 is instituted by the landlords. Both these revision petitions are directed against the common judgment of the Rent Control Appellate Authority dismissing the appeals filed by the tenants and the landlords. The landlords filed the rent control petition invoking the grounds of eviction under Sections 11(2)(b)(arrears of rent), 11(3)(bona fide need for own occupation) and 11(8)(requirement of additional accomodation for personal use).2. The landlords' case in the context of the ground for eviction under Section 11(2)(b) was that the contract rent was Rs. 4,850/- per mensem and that the same is in arrears since January 2002 and that despite statutory demand notice issued under Section 11(2)(b) the tenant did not pay the arrears of rent within the Section 11(2)(b) the tenant did not pay the arrears of rent within the period of 15 days of receipt of the notice or even thereafter. The Rent ...
Tag this Judgment!Court : Kerala
Decided on : Nov-12-2009
K.M. Joseph, J.1. Several important and interesting questions arise for our consideration in this batch of Writ Petitions coming up by reference by a learned Single Judge, Justice T. R. Ramachandran Nair. What is the effect of the founding fathers providing for seven years experience as an Advocate to be eligible for appointment as a District Judge in Article 233(2) Does the acceptance of the Report of the Shetty Commission by the Apex Court in the decision in All India Judges' Association and Ors. v. Union of India and Ors. : (2002) 4 SCC 247 (hereinafter referred to as the All India Judges case) amount to declaration of law What is the impact of the amendment in the Kerala Higher Judicial Service Rules, 1961 (hereinafter referred to as the Rules) prescribing the qualification of minimum age as thirty five and the maximum age as forty five for appointment as a District Judge on the rights of the writ petitioners, who had applied for selection and passed the written test prior to the a...
Tag this Judgment!