Court : Kerala
Ashok Bhushan, C.J. 1. This writ appeal has been filed by the writ petitioner against the judgment dated 05.10.2015 in W.P.(C) No.4024 of 2014 by which judgment directions have been issued to the 1st respondent to prepare a fresh award in relation to the property acquired from the petitioner, by applying the principles relating to determination of compensation as provided under the 2013 Act. 2. Brief facts of the case as emerge from the pleadings are: The proceedings under the Land Acquisition Act, 1894 (for short '1894 Act') were initiated proposing to acquire land for the construction of a parallel road, by notification under Section 4(1) dated 25.06.2013 which was also published in the daily newspapers dated 12.07.2013. Notice dated 22.07.2013 was issued under the Kerala Land Acquisition Rules inviting objections from the interested persons. Declaration under Section 6 of the Act was also issued on 16.2.2014. The land of the petitioner was acquired by the above notifications. 3. The...
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Ashok Bhushan, CJ. 1. These writ appeals arise out of a common judgment dated 24.06.2013 passed in four writ petitions. W.A. No.720 of 2014 arises out of W.P.(C) No.25045 of 2006, W.A. No. 728 of 2014 arises out of W.P.(C) No. 36204 of 2001, W.A. No. 756 of 2014 arises out of W.P.(C) No.35084 of 2001 and W.A. No.775 of 2014 arises out of W.P.(C) No. 36197 of 2001. 2. The writ petitioners are the respondents in the appeals. Parties shall be referred to as described in the writ petition. W.A. No.720 of 2014 is being treated as the leading case and facts giving rise to the writ appeal shall suffice in deciding the issues raised in all the appeals. 3. The petitioners who had filed the writ petition were appointed as members of Ombudsman as per Section 271G(2) of the Kerala Panchayat Raj Act, 1994 by Notification dated 29.05.2000. In all, 7 persons were appointed as members of the Ombudsman. All the petitioners joined their offices as members of Ombudsman on 30.05.2000. The provision provid...
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1. These writ petitions challenge the constitutional validity of the Kerala Tax on Luxuries Act, to the extent it seeks to levy luxury tax on Direct to Home Services (hereinafter referred to as DTH Services ). The petitioners in these writ petitions are all Companies engaged in providing DTH Services, having been granted licenses, by the Government of India, to provide such services under the Indian Telegraph Act, 1885 and the Indian Wireless Act, 1933 on the terms and conditions specified in the licenses issued to them. 2. In the broadcasting sector, the content of the broadcast reaches the ultimate subscriber through different distribution platforms. For the purposes of the instant cases, the examination is limited to only two of them viz. Cable TV network and DTH services. In the cable TV network, the services value chain comprises of four supply side entities namely (i) the broadcaster, (ii) the aggregator, (iii) The Multi-system operator (MSO) and (iv) The local cable operator (LC...
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V. Raja Vijayaraghavan, J. 1. The legality of the order dated 7. 10. 2015 in Crl.M.P. No 1784 of 2015 of the Sessions Judge, Kalpetta, is challenged in this appeal preferred u/s 21(4) of the National Investigation Agency Act, 2008 by the appellant, who is the 6th accused in crime number 142/2014 of the Vellamunda police station. 2. The above petition was preferred by the appellant under section 439, 167 (2) of the Code of Criminal Procedure (hereinafter referred to as the Code ) read with section 43(D) of the Unlawful Activities (Prevention) Act (hereinafter referred to as the UA(P) Act), seeking default bail. 3. The question raised by Sri K.S. Madhusoodanan, the learned counsel appearing for the appellant, centers around the interpretation of S. 43D (2) of the UA(P) Act which modifies the operation of S. 167 (2) of the Code , when offences under the UA (P) Act are involved. 4. Skeletal facts will have to be noted first :- (a). On 24.4.2014, at about 20.30 hrs, one Roopesh along with 4...
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1. This Regular Second Appeal essentially arises out of the challenge made as against the permission granted by the statutory authorities concerned for the establishment of a vault type cemetery in the appellant St.Mary's Orthodox Church, Vettipuram, Pathanamthitta district. The contesting respondents herein had filed Original Suit, O.S.No.57/1999 before the Munsiff's Court, Pathanamthitta, praying to set aside the impugned orders issued by the statutory authorities concerned in the matter of permission for construction of a vault type cemetery by the St.Mary's Orthodox Church authorities concerned (respondents 5 and 6 in the O.S.) and for consequential injunction. The trial court has decreed the suit in favour of the plaintiffs. Aggrieved by the impugned judgment and decree rendered by the Munsiff's Court, Pathanamthitta, on 29.9.2000 in O.S.No.57/1999, the church authorities had filed Appeal Suit, before the District Court concerned. The lower appellate court, as per the impugned jud...
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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 KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE8H DAY OF MAY201518TH VAISAKHA, 1937 El.Pet..No. 2 of 2011 ( ) -------------------------- PETITIONER(S)/PETITIONER: ----------------- ASHARAF KOKKUR, AGED55YEARS S/O.HAJI MOHD. ABDUL HEYYIE, MANAMKANDATH HOUSE P.O KOKKUR, MALAPPURAM DISTRICT679591 BY ADVS.SRI.K.RAMAKUMAR (SR.) SMT.SMITHA GEORGE SRI.C.R.REKHESH SHARMA SMT.ASHA BABU SRI.K.G.RAJEESH RESPONDENT(S): ------------------ 1. SRI.K.V.ABDUL KHADER, KARUPPAM VEETTIL HOUSE, BLANGADU P.O THRISSUR DISTRICT - 680 506 2. SHRI.DAYANANDAN MAMPULLY, MAMPULLY HOUSE P.O., PUNNAYUR THRISSUR DISTRICT679562.3. SHRI.MUHAMMED ASHARAF, 4/521, THAYAMKULAM HOUSE, VILLANNOOR, P.O.KARIKKAD THRISSUR DISTRICT680519 4. SHRI. ASHARAF VADAKOOT, KOMBATHAYIL HOUSE, VADAKKEKAD P.O THRISSUR DISTRICT679562 5. SHRI.C.V. PREMRAJ, CHAKKANDAN HOUSE, P.O.BLANGAT, CHAVAKKAD, THRISSUR DISTRICT680506 6. SHRI.K.V.ABDUL KAHADER, KODAKKAT VALAPPIL HOUSE, AYNIKOD P.O NANN...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE19H DAY OF MARCH201528TH PHALGUNA, 1936 WP(C).No. 8481 of 2015 (I) ----------------------------------------- PETITIONER: N.K.MOHANAN, MAKKOLLIL, PAMPASUMPARA P.O., IDUKKI DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT: THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM - 695 003 REP. BY ITS SECRETARY. BY ADV. SRI.MURALI PURUSHOTHAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1903-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC84812015 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTIFICATION NO.9983/B/2014/SEC DATED32.2015 EXT. P1(a) ENGLISH TRANSLATION OF EXT. P1 EXT.P2 TRUE COPY OF THE NOTIFICATION NO.57/2015/SEC DATED133.2015 EXT.P2(a) ENGLISH TRANSLATION OF EXT. P2 EXT.P3 TRUE COPY OF THE NOTIFICATION NO.56/2015/SEC DATED133.2015 EXT.P3(a) ENGLISH TRANSLATION OF EXT. P3 EXT. P4 TRUE COPY OF THE NOTICE DATED133.2015 EXT.P...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE12H DAY OF FEBRUARY201523RD MAGHA, 1936 W.P.(C).No.14724 of 2011 (M) --------------------------------------------------- AGAINST THE AWARD IN I.D.NO.6/2005 DATED1507.2010 OF THE INDUSTRIAL TRIBUNAL, KOZHIKODE. ----------------- PETITIONER(S):- -------------------------- KERALA STATE BEVARAGES (MANUFACTURING & MARKETING)CORPORATION, SASTHAMANGALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY STANDING COUNSEL SRI.C.S.AJITH PRAKASH. RESPONDENT(S): ---------------------------- 1. THE CANNANORE DISTRICT SHOP ESTABLISHMENT & GENERAL WORKERS UNION (INTUC), KANNUR, PIN - 670 001, REPRESENTED BY ITS SECRETARY.2. THE SECRETARY, THE CANNANORE DISTRICT SHOP ESTABLISHMENT & GENERAL WORKERS UNION (INTUC), KANNUR - 670 001.3. SRI.ASHIK.K.K, S/O.ABDULLA, VALIYAPAVAKKAL, KAKKAD, KANNUR-670 005.4. THE INDUSTRIAL TRIBUNAL,KOZHIKODE - 673 100. * ADDL.R5. KANNUR JILLA BEVERAGE WORKERS U...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY,THE9H DAY OF JANUARY201519TH POUSHA, 1936 WP(C).No. 35084 of 2014 (I) ---------------------------- PETITIONER : --------------------- M/S.CANAN TECHNOLOGIES (P) LTD., HB68 PANAMPILLY NAGAR, KOCHI REPRESENTED BY ITS MANAGING DIRECTOR SRI.V.D.SEBASTIAN BY ADVS.SMT.INDU SUSAN JACOB SRI.V.K.SHAMUSUDHEEN RESPONDENT(S) : ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001.2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM - 682 015 3. ASSISTANT COMMISSIONER SPECIAL CIRCLE-II, ERNAKULAM682015 4. THE DEPUTY TAHSILDAR(RR) KANAYANNUR TALUK, ERNAKULAM - 682 011 R1 TO R4 BY SR. GOVT. PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0901-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 35084 of 2014 (I) ...
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