Court : Kerala
Reported in : (2010)231CTR(Ker)404
C.N. Ramachandran Nair, J.1. Appellants in the writ appeals and petitioners in the writ petitions are societies registered under the Kerala Co-operative Societies Act engaged in banking. Various IT authorities have issued notices to the appellants/ petitioners under Section 133(6) of the IT Act, 1961, (hereinafter called the 'Act') calling for particulars of cash transactions above Rs. 1 lakh with details of account holder/deposit holder in the format prepared by the authority issuing the notices. The societies challenged the validity of the notices before this Court by filing writ petitions. Two learned Single Judges have written separate judgments upholding the validity of the notices issued under Section 133(6) of the Act, against which writ appeals are filed. In the connected writ petitions, the societies are challenging similar notices issued to them under the same provision of the Act.2. We have heard various counsel appearing for the appellants/petitioners and standing counsel a...
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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...
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Reported in : 2008(3)KLJ536
Thottathil B. Radhakrishnan, J.1. Petitioners are employees of Primary Agricultural Credit Societies, hereinafter, 'PAC societies, which are members of a District Co-operative Bank. They plead that they are eligible for being considered for recruitment under 50% quota reserved for appointment of such persons under Rule 187 of the Kerala Co-operative Societies Rules, 1969, hereinafter, the 'Rules'. They seek a direction that the benefit of that Rule be confined only to employees of the PAC societies and Urban Co-operative Banks, hereinafter, 'UCBs', which are members of the apex/central society and a direction to the second respondent Kerala Public Service Commission not to permit the employees of co-operative societies which are neither PAC societies nor UCBs affiliated to a District Co-operative Bank as members, to participate in the selection process for the quota earmarked for employees of member societies.2. The plea of the petitioners is based on the fact that as per the Kerala Co...
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Reported in : [2007(114)FLR128]; (2008)IILLJ539Ker
S. Siri Jagan, J.1. This appeal is filed at the instance of the Employees State Insurance Corporation against the order of the Employees Insurance Court, Alappuzha in I.C. No. 104/1999 raising the following substantial questions of law:(1) Whether the Financial difficulties or the pendency of litigation will absolve the Employer from the payment of damages by way of Penalty.(2) Whether Sakthi Tiles case (supra) will empower the E.I. Court to reduce the quantum of damages imposed on the ground of pendency of litigation and the financial difficulties.(3) Whether Section 85-B of the Employees State Insurance Act and the Regulation given unfettered right to the Corporation to impose damages by way of penalty for the belated payment of Contribution upto 100 percent.The basic facts from which the above, questions of law are sought to be raised are as detailed under.2. The respondents herein were the employers who filed the I.C challenging the order of the appellants imposing on them damages ...
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Reported in : 2005(4)KLT466
K.A. Abdul Gafoor, J.1. All these Writ Appeals, except W. A. No. 1180 of 2004, which will be dealt with separately, have been filed by the Kerala Public Service Commission. In the impugned judgment, it is directed:'...to take all steps so as to see that the applications of the petitioners in these Original Petitions are treated as valid for all purposes. What is necessarily to be done by the Public Service Commission are to be expeditiously carried out. Depending upon the ultimate rank they secure, as adjudged, they have to be accommodated in the rank list which is already published.'This direction was issued after having found that 'the petitioners have a strong base when they urge that notwithstanding the reference to the pay scales in the notification, it has in fact an invitation to a post which carried basic pay of less than Rs. 250 (in this case Rs. 140) in contradistinction to posts which had pay scale of Rs. 250 and above'. The short facts necessary for disposal of these Writ A...
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1. Jayanandan Singh, J. Heard learned senior counsel for the petitioner and learned counsel for the State.2. Petitioner-Bank, which is a body corporate established under Section 3 of the National Bank for Agriculture and Rural Development Act, 1981, has filed this writ application for a direction to the respondents to grant remission in paying stamp duty and ad valorem registration charges on the sale deed executed in its favour by M/s Jagat Sahakari Grih Nirman Samiti Limited (hereinafter referred to as "the Society"), a Co-operative Housing Society, registered under the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as the "Act").3. Case of the petitioner is that petitioner-Bank was admitted as an associate member of the said Society by its resolution dated 30.10.1990. By dint of an associate member, it was entitled to all the rights and privileges of a member of the Society. Subsequently, the Society by a resolution decided to transfer some of its property to the pe...
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Reported in : 2006(1)KLT374
Thottathil B. Radhakrishnan, J.1. In this amended Writ Petition the petitioner seeks to quash Ext.P2 proceedings issued on 14-11-2005 by the 1st respondent invoking Section 33(1) of the Kerala Co-operative Societies Act (hereinafter referred to as 'the Act') and superseding the Committee of the 9th respondent Bank. The petitioner is the President of the superseded Committee.2. It is the admitted situation that no notice was issued to the Committee of the Bank before supersession as per the impugned Ext.P2 order.3. On 30-11 -2003, a new Committee assumed office. On 29-10-2005, the President of the said Committee died. On 7-11-2005, the writ petitioner was elected as the President. On 7-11-2005 and 8-11-2005 Exts.R5(a) and R3(a) resignation letters were tendered by the 5th respondent and respondents 3 and 4 respectively to the writ petitioner President.4. Though the writ petitioner disputes the receipt of the said resignation letters, I proceed on the basis that the said resignation lett...
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Reported in : 2004(2)KLT887
M. Ramachandran, J.1. Ext.P5 proceedings drawn up by the third respondent-Returning Officer, who had been authorised to conduct an election to the Perumbalam Milk Producers Cooperative Society, Alappuzha, (4th respondent) (herein after referred to as the Society) is under challenge by the Chairman of the Administrative Committee, who is presently in office. The Society came into existence in 1995, but the Committee constituted could not carry out any functioning and the Department was constrained to appoint aft Administrator in the same year, under Section 33 of the Kerala Co-operative Societies Act. The term of the Administrator was not extended thereafter and practically the activities of the Society became defunct. After about eight years, there were proposals for resurrecting the Society. By Ext.P1 proceedings, the Department had appointed an Administrative Committee for reviving the institution. The order required them to re-Start the functioning of the institution and also for ta...
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Reported in : 2008ACJ2469; AIR2008Ker107
J.B. Koshy, J.1. Appellants filed an application, O.A. No. 30 of 1999, before the Railway Claims Tribunal, Ernakulam Bench claiming a compensation of Rs. 4,00,00/-for the demise of their son in a train accident, under Section 125 of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act. The application was dismissed for default as appellants were absent on one day of the posting dates. They filed an application for setting aside the order dismissing the original application for default. Rule 18 of the Railway Claims Tribunal (Procedure) Rules, 1989 reads as follows:18. Action on application for applicant's default.- (1) Where on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned, the applicant does not appear (when the application is called) for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit.(2) Where an application has been dismissed ...
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Reported in : 2008(1)KLJ115; 2008(2)KLT253
S. Siri Jagan, J.1. M.G.T.H.S. Mukhathala is an aided High School under the administrative jurisdiction of the District Educational Officer (DEO), Kollam. In respect of the right to be the manager of the school, there was a civil suit, which is pending in appeal as A.S. No. 120/2002 before a Division Bench of this court. In that case, this Court appointed the D.E.O., Kollam, as the Receiver of the school to exercise the functions of the manager of the school. Accordingly, the D.E.O., Kollam has been functioning as the manager of the school. While so, the third respondent in this writ petition, who was the Headmistress of the Velayudhan Memorial High School, Vadavannur, Palakkad, another High School under a different educational agency, filed a request dated 10-5-2007 before the D.E.O. for inter-management transfer as Headmistress to the M.G.T.H.S., Mukhathala, which post became vacant on account of the retirement of Smt. K. Annamma, the Headmistress of the M.G.T.H.S., Mukhathala, with ...
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