Court : Kerala
Decided on : Aug-10-1977
Reported in : (1979)ILLJ115Ker
Chandrasekhara Menon, J.1. In this case I had delivered the judgment on 16th March, 1977, dismissing the O.P., on the basis of the decision of the Supreme Court in Workmen, J.S. Institution v. I.S. Institution : (1976)ILLJ33SC . I might state here that I had not the advantage of hearing the counsel for the petitioner at that time, before the above judgment was dictated and subsequently signed by me. It was brought to my notice by the learned Counsel for the petitioner that he was absent when the case was taken up as he was engaged in another Court, and in the circumstances he requested that the matter be reheard. Therefore, I posted the case for being spoken to and the matter was reheard. Though I am taking the same view now which I had taken earlier, it would only be proper that I revise my judgment so that all the points urged by the learned Counsel is dealt with therein. 2. The question raised in this original petition is whether the Keraleeya Ayurveda Samajam Hospital and Nursing H...
Tag this Judgment!Court : Kerala
Decided on : Jul-13-1977
Reported in : [1978]48CompCas800(Ker); [1977(35)FLR260]; (1978)ILLJ324Ker
V. Khalid, J.1. The petitioners who are the Canara Bank, its manager of the Kanhangad branch and the deputy general manager, western zone, seek the issuance of a writ of certiorari to quash Ext. P-6 passed by the first respondent, namely, the Appellate Authority, constituted under the Kerala Shops and Commercial Establishments Act, 1960, hereinafter referred to as the Act, in an appeal filed by the second respondent, an employee of the bank, whose services were terminated by the bank.2. The Canara Bank Limited was a banking company registered under the Indian Companies Act, 1882. Some of the banks were taken over under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969, Act No. 5 of 1970 (hereinafter referred to as ' the Acquisition Act'). Under Section 2F of the Act, the Canara Bank is an ' existing bank ' which on the commencement of the Acquisition Act became a ' corresponding new bank'. The bank is a body corporate with power to sue and to be sued in its nam...
Tag this Judgment!Court : Kerala
Decided on : Jul-12-1977
Reported in : AIR1977Ker187
ORDERN.D.P. Namboodiripad, J.1. Through this petition the petitioner challenges the election of the 1st respondent to the Lok Sabha from No. 7 Palghat Parliamentary Constituency in the elections that were conducted in March 1977. The petitioner was the candidate of the Communist Party of India (Marxist) and his symbol was 'hammer, sickle and star'. The 1st respondent was the candidate for the Indian National Congress and his symbol was 'Calf and Cow'. The 2nd respondent was an independent candidate to whom was allotted the symbol 'Rising Sun'. Poll was taken on 19-3-1977 and the counting which began on 20-3-1977 concluded on 21-3-1977. The 1st respondent obtained 207604 votes and the petitioner obtained 192733 votes, 22101 votes were declared as invalid. The 1st respondent was declared elected by the Returning Officer on 21-3-1977. According to the petitioner the 1st respondent was disqualified for being chosen as or for being a member of the Lok Sabha since he was and is holding an of...
Tag this Judgment!Court : Kerala
Decided on : Sep-23-1977
Reported in : 1978CriLJ522
ORDERP. Janaki Amma, J.1. The petitioner is the accused in P. E. 5 of 1977 on the file of the Judicial Magistrate of the Second Class, Kozhikode. The proceedings against him were initiated on a private complaint. The gist of the complaint is as follows: The complainant is a resident of Purak-kadi amsom in South Wynad. At 2 P. lion 28-8-1975, two constables of the Ba-theri Police Station came to her residence and took her to the police station. There were two officers of the Crime Branch. She was kept in the lock-up. At 11-30 P. M. she was removed to the Batheri Rest House. Two officers of the Crime Branch questioned her about the whereabouts of Damodaran Master and Madhu Master, the study classes conducted by them and also their different activities- She was herself ignorant about those things. On her failure to give proper replies, one of the officers of the Criminal Branch beat 'her on her face and different parts of the body. She was later on removed to the lock-up of the Batheri Po...
Tag this Judgment!Court : Kerala
Decided on : Jun-29-1977
Reported in : AIR1979Ker130
Chandrasekhara Menon, J. 1. The appellants are the plaintiffs in the suit from which this second appeal arises. The properties scheduled to the plaint in the suit belonged to the family of the husband of first plaintiff. There was an earlier suit for partition of the assets of this family -- O. S. 134/1114 (M. E.) of the District Court, Trichur. During the pendency of the suit a Receiver appointed by the Court was in management of the properties involved in the litigation. The properties, now the subject matter of the present suit had been leased out by the Receiver to one Velappan on an aggregate rent of 57 paras of paddy and one bunch of bananas per year. During the pendency of the partition suit, first plaintiff's husband had died and the plaintiffs in the present action had been impleaded as his legal heirs in the partition suit. By the decree in the partition suit, which was finally confirmed in appeal on 27-10-1958, the properties had been set apart to these persons. 2. After the...
Tag this Judgment!Court : Kerala
Decided on : Jun-17-1977
Reported in : AIR1977Ker166; (1978)IILLJ226Ker
Gopalan Nambiyar, C.J. 1. These three writ petitions challenge the action of the Chief Justice of this Court in cancelling a prior order dated 3-7-1971, on the basis of which promotions were effected in a certain category of the High Court staff from 1-7-1968. It was ordered that the cancellation was to be given effect to only from the Chief Justice's decision to cancel, viz. 7-9-1974 and not from 1-7-1968 from which date the cancelled order took effect. This is the grievance of the petitioners. The writ petitions will be dealt with seriatim. The facts will be noticed in detail in O. P. 340 of 1976, and supplemented, if necessary, with the additional facts, where present, in the other two writ petitions,O. P. No. 340 of 1976.2. The petitioner in this writ petition, an Assistant Grade 1 in the High Court Services, was a lower division clerk (or an Assistant Grade II as it was redesignated) prior to 1-7-1968, a material date 'for purposes of all the three writ petitions. Respondents 5 to...
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