Court : Kerala
Decided on : Sep-14-2015
..... claim of the life insurance corporation against a former insurer which had been ordered to be wound up by the company court. this case was w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:99. :- followed in giving to the provisions of the recovery of debts due to banks and financial institutions act 1993 (rdb act) overriding effect over the provisions of the companies act, 1956. the rdb act constitutes a tribunal and by ss.17 and 18 confers upon the tribunal exclusive jurisdiction to entertain and decide applications from the banks ..... be those which are capable of being subject of litigation. such a qualified definition of the term 'dispute', as we will shortly demonstrate, was intentional.103. the judgment in balachandran (supra) was rendered by the full bench in the context of the unamended section 69 of the 1969 act. section 69, as interpreted in balachandran w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:150. :- (supra), to the extent it is relevant, provided that notwithstanding anything contained in any law for the time being in force, if a dispute ..... in the said area and all grants of profits a prendre including the right to enter upon the land, fell, cut and remove the specified forest produce from the w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:43. :- said area, shall stand rescinded, whether such forest produce is grown or found on land owned by private persons or on land owned by the state government or in government forests provided that rescission of such .....
Tag this Judgment!Court : Kerala
Decided on : Dec-23-2015
..... section 2(9) of the act, the employees insurance court in many cases held that definition of the term workman under section 2(s) of the id act or that of the employee under section 2(e) of the payment of gratuity act or that of the employee under section 2(i) of the minimum wages act would not be applicable, as there was a wider definition in so far as employees insurance act was concerned, thus holding that the proceedings pursued by the respondent corporation ..... of grant-in-aid also. 2. no part of income from the institution shall be diverted to any individual in the trust /society / company registered under section 25 of the companies act, 1956 school management committee or to any other person. the savings, if any, after meeting the recurring and no-recurring expenditure and contributions to developmental, depreciation ..... 42 of the constitution provides that state shall make provision for securing just and humane conditions of work and for maternity relief article 43 of the constitution states that the state shall endeavour to secure by suitable legislation or economic organisation or in any other way to all workers agricultural, industrial or otherwise ..... work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities. these rights which are enforced through the several pieces of labour legislation in india have got .....
Tag this Judgment!Court : Kerala
Decided on : Dec-17-2015
1. The revision petitioner is the accused in C.C.No.28 of 2006 on the files of the Court of the Judicial Magistrate of First Class-III, Thiruvananthapuram. 2. The revision petitioner was indicted by the Food Inspector, Thiruvananthapuram Corporation for the offences under Sections 2(i-a)(a)(j)(ix)(k), S.7(i)(ii) and S.16(1A)(i),1(a)(i) of the Prevention of Food Adulteration Act,1954 and Rules 23 and 29 of the Prevention of Food Adulteration Act,1954 and Rules 23 and 29 of the Prevention of Food Adulteration Rules,1955. 3. Heard both sides. 4. The prosecution allegation can be briefly stated as follows: The revision petitioner was the salesman of Martino Bakery, Thampanoor, Thiruvananthapuram. On 18.5.2005, at 1.30 p.m., the Food Inspector of Thiruvananthapuram Corporation inspected the said bakery. The Food Inspector purchased three packets of banana chips from the shop. Thereafter, he took samples from the packets. After complying with all legal formalities, one sample was sent to the...
Tag this Judgment!Court : Kerala
Decided on : Dec-03-2015
Antony Dominic, J. 1. The respondent herein had worked as Teacher and Headmaster in aided schools in the State for the period from 6.7.1953 to 25.3.1968. Thereafter he resigned from service and his own representation Ext.P2 shows that the resignation was for better prospects. By Ext.P2 dated 14.8.1999, he applied for pension. This was followed by various representations claiming pensionary benefits and all these representations were rejected on the ground that as per Rule 29(a) of Part III KSR, a person who has resigned from service will have to forfeit his past service. It was in such circumstances, he filed the writ petition with a prayer to declare that Rule 29(a) of Part III KSR is unconstitutional and also to quash orders rejecting his claim for pension. Consequential directions for the grant of pension were also sought for. In the writ petition the respondent also placed reliance on Exts.P7 and P8, whereby, according to him, two similarly situated persons were granted pension and...
Tag this Judgment!Court : Kerala
Decided on : Nov-17-2015
The petitioner-life Insurance Corporation of India has approached this Court challenging an award passed by the Insurance Ombudsman, Cochin in a complaint filed by the first respondent. Ext.P5 is the said order. 2. The first respondent has a mentally retarded child. She took a Jeevan Aadhaar Policy on 09.03.2003. This policy is mainly meant for the benefit of handicapped dependants. The premium amount will have to be paid for ten years. She paid the entire premium amount. She approached the Insurance Company for payment of Rs.7000/- every month based on the policy conditions or to grant the surrender value of the policy. 3. As per the conditions in the policy, the benefit is payable on happening of the events stipulated in the policy. In the policy, the benefits payable are on the following conditions. Benefits payable and events on the happening of which they are payable: If the policy is in force for full Sum Assured in the event of death of the Life Assured Twenty percent of the amo...
Tag this Judgment!Court : Kerala
Decided on : Oct-19-2015
K. Vinod Chandran, J. 1. The petitioners are aggrieved by the fact that in retiring them under a Voluntary Retirement Scheme (V.R.S), the petitioners were granted ex-gratia benefits only reckoning their retirement age as 58, while they are entitled to be treated as workers liable to be superannuated at 60 years of age. The petitioners admittedly had applied under Ext.R2(b). The petitioners on the basis of Exts.P1 and P2 contend that they had been issued with E.S.I identification as early as on 15.01.1969 and hence they also come under the exception provided in the Industrial Employment (Standing Orders) Act, 1946 (for brevity 'Standing Orders Act') with respect to age of superannuation. 2. Admittedly the 2nd respondent was in the private sector and in the year 1974, the 1st respondent took over the unit of the 2nd respondent. The retirement age of all employees was stipulated as 58; despite there being a clause in the existing Standing Orders with respect to the 2nd respondent Unit; th...
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Decided on : Oct-16-2015
1. A prosecution involving the offences under Sections 13 and 17 of the Kerala Money Lenders Act is sought to be quashed on the ground that the allegations in the final report submitted by the police, or in the complaint, will not in any manner constitute the essentials of the offences alleged. The complaint in this case was made by the 1st respondent herein, who had admittedly borrowed an amount of Rs.5 Lakhs from the accused. At the time of borrowal, the complainant had also handed over some blank cheques, blank stamp papers, and promissory notes. When the complainant failed to make payment as agreed, the accused brought a prosecution against her under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N.I.Act'). On full trial, the learned Judicial First Class Magistrate- II, Ettumanoor convicted the 1st respondent under Section 138 of the N.I.Act, and sentenced her to undergo simple imprisonment for six months. She was also ordered to pay a compensation o...
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Decided on : Oct-12-2015
1. Under challenge in these writ petitions is the constitutional validity of the Kerala Local Authorities Entertainment Tax (Amendment) Act, 2013, as per which, a new provision has been introduced for levying collection of a cess for the Kerala Cultural Activists' Welfare Fund constituted under the Kerala Cultural Activitsts' Welfare Fund Act. 2. WP(C) No.4195/2013 is filed by an association of film exhibitors. The 1st petitioner represents the Film Exhibitors Federation and the 2nd petitioner is an exhibitor of films. 3. WP(C) No.12705/2013 is filed by certain persons, who are having active interest in viewing different kinds of films exhibited at different cinemas in and around their localities. 4. WP(C) No.5465/2013 is filed by a regular viewer of films. 5. The State Legislature has enacted the Kerala Cultural Activists' Welfare Fund Act, 2010, referable to Entry 23 of the Concurrent List to the 7th schedule of the Constitution of India, containing provisions relating to the constit...
Tag this Judgment!Court : Kerala
Decided on : Oct-01-2015
Ashok Bhushan, C.J. 1. All these Writ Appeals have been filed against the common judgment dated 12.11.2014 delivered by a learned Single Judge in W.P(C) No.2241 of 2012 and other connected Writ Petitions. All the Writ Petitions have been allowed by the learned Single Judge, aggrieved by which judgment respondents to the Writ Petitions have come up in these Writ Appeals. 2. The Writ Appeals can be divided into three groups: The first group consists of Writ Appeal Nos.1 and 2 of 2015 filed by the Kerala Forest Research Institute (for short, 'the KFRI ) which Institute was the 3rd respondent in W.P(C) No.2241 of 2012 and W.P(C) No.25584 of 2011. The second group consists of W.A. Nos.4, 5, 7, 10, 21, 32 of 2015 and 1992 of 2014 filed by the Kerala State Council for Science and Technology and Environment and others. The third group consists of the Writ Appeals filed by the State being W.A. Nos.1313, 1526, 1578, 1628, 1651 and 1755 of 2015 challenging the same judgment. By the judgment dated...
Tag this Judgment!Court : Kerala
Decided on : Sep-08-2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE SUNIL THOMAS TUESDAY, THE8H DAY OF SEPTEMBER201517TH BHADRA, 1937 OP(C).No. 522 of 2013 (O) -------------------------- AGAINST THE ORDER IN OS92009 of PRINCIPAL SUB COURT,KOCHI PETITIONER: ----------- M/S. CARAVEL SHIPPING SERVICES PVT. LTD. 1ST FLOOR, "LEKSHMI HOUSE" K.P.K.MENON ROAD WILLINGTON ISLAND, KOCHI-682 003 REPRESENTED BY ITS BRANCH MANAGER SRI.VIJAI VISWANATHAN AGED42YEARS, SON OF SRI.P.VISWANATHAN NAIR BY ADVS.SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN RESPONDENT: ----------- M/S. PREMIER SEA FOODS EXIM PVT. LTD. REPRESENTED BY ITS DIRECTOR SRI.AHMED AZHAR AGED49YEARS, EP X/289, ERAMALLOR ALAPPUZHA-688 548. BY ADVS. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.N.SUNIL THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON0809-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) No.522 OF2013APPENDIX PETITIONER(S) EXHIBITS : ----------------------- EXHIBIT-P1 - COPY OF THE PLA...
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