Court : Kerala
Decided on : Dec-23-2015
Anil K. Narendran, J. 1. This appeal under Section 483 of the Companies Act, 1956 is against the order dated 21.10.2015 of the learned Company Judge of this Court in Co.Appl. Nos.341 and 342 of 2015 in Co.Pet. No.54 of 2011. 2. We heard the arguments of the learned counsel for the appellant and also the learned counsel appearing for the respondent. 3. Co.Pet. No.54 of 2011 was filed by M/s.Flakt (India) Private Limited (hereinafter referred to as 'the appellant company') seeking an order to wind-up M/s.24 Assured Services Private Limited (hereinafter referred to as 'the respondent company'), a company registered under the Companies Act having its Registered Office within the jurisdiction of this Court. The said Company Petition was dismissed for default on 23.7.2014, on account of non- appearance of the learned counsel who was representing the appellant company. 4. After dismissal of the Company Petition, the appellant company filed Co.Appl. No.341 of 2015 under Rule 9 of the Companies...
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Decided on : Dec-10-2015
Ashok Bhushan, C.J. 1. W.P.(C) No.18690 of 2009 filed as a public interest litigation raises environmental concern alleging illegal filling of wet land to the extent of 7.42.64 hectares (74,264 sq.m) situated within 15 kilometers from the Ashtamudi Lake, which is one of the 19 sites designated as 'wet land of international importance' in the State of Kerala. The writ petition was entertained as public interest litigation on 6.7.2009. Various orders were passed by the Division Benches from time to time including appointment of Advocate Commissioner by order dated 21.12.2010 to inspect the premises and submit a report. The Advocate Commissioner, after inspection, submitted a report. Counter affidavits by the State as well as the 8th respondent, who is the contesting respondent had already been filed. Pursuant to the order of this Court dated 30.10.2015, the petitioner has also filed an additional affidavit, in which, counter affidavit has also been filed by the 8th respondent. 2. W.P.(C)...
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Decided on : Nov-25-2015
1. In this batch of writ petitions, the petitioners challenge the levy of Turnover Tax on Textile articles, that was introduced in the KVAT Act [hereinafter referred to as the 'KVAT Act'], with effect from 01.04.2014 and continued in the statute book till 01.04.2015, with effect from which date, it was omitted therefrom. The provision was introduced through the Kerala Finance Bill of 2014 and, by virtue of a notification under the Kerala Provisional Collection of Taxes Act, came into force with effect from 01.04.2014. Thereafter, it assumed a modified form when the Kerala Finance Act, 2014 was enacted on 23.07.2014, with effect from 01.04.2014. With effect from 01.04.2015, the levy of turnover tax on textile articles was omitted and the goods were made taxable under the KVAT Act @ 1% under II Schedule to the KVAT Act. Before dealing with the grounds of challenge raised in the writ petitions, therefore, I feel it would be apposite to notice the provisions as they stood, when introduced ...
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Decided on : Oct-28-2015
Shaji P. Chaly, J. 1. These Original Petitions are filed from the separate orders of the Kerala Administrative Tribunal in O.A. (Ekm) No.242 of 2015 dated 10.03.2015, O.A.No.2351 of 2014 dated 15.12.2014 and O.A.No.2066 of 2014 dated 29.10.2014 by the applicants therein, by which, the Tribunal refused to entertain the claim of the petitioners that the rank list drawn by the Kerala Public Service Commission (for short, K.P.S.C ) was not in accordance with law and declined the reliefs sought for. Even though separate orders are passed by the Tribunal on different dates, the subject matter of the Original Petitions are common in nature and therefore we propose to dispose of the Original Petitions by a common judgment. The facts are common in nature and they are not elaborately required for the purpose of disposal of the Original Petitions in view of the nature of the short but interesting question to be decided. 2. The common question that arises for consideration in these Original Petiti...
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Decided on : Oct-07-2015
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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Decided on : Oct-07-2015
Ashok Bhushan, CJ. 1. This Writ Petition filed as a Public Interest Litigation seeks enforcement of statutory Rules framed by the State and Circulars issued prescribing wearing of uniform by the Officers of the Metrology Department of the State of Kerala. Petitioner, an Indian citizen and a practising Advocate complains about the non-wearing of uniform by the Officers in violation of the statutory provisions and Circulars and inaction on the part of the State and its Officers in taking appropriate action. FACTS 2. Petitioner's case in the Writ Petition is that under the Acts enacted by the Parliament Rules have been framed by the State which provides for wearing of uniform by Assistant Controller of Legal Metrology, Senior Inspector and Inspector of Metrology while on duty in the office or in field. Petitioner in the Writ Petition has referred to various Circulars issued by the State Government and the Controller of Weights and Measures emphasising on wearing of uniform by Inspectors a...
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Decided on : Aug-31-2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE31T DAY OF AUGUST20159TH BHADRA, 1937 CRL.A.No. 2263 of 2010 ( ) --------------------------- AGAINST THE JUDGMENT IN S.C.NO.76/2008 of III ADDITIONAL SESSIONS COURT (AD HOC -1), THODUPUZHA DATED2203.2010 (C.P.NO. 2/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, IDUKKI) (CRIME NO.4/06 OF KANJIKUZHY POLICE STATION) APPELLANT(S)/ACCUSED: ------------------------------------- RAMAN, S/O.KADUTHA, KORALIYIL HOUSE, UMMANCHANDI COLONY BHAGUM, MAZHUVADI KARA, KANJIKUZHY VILLAGE BY ADVS.SRI.THOMAS J.ANAKKALLUNKAL SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S)/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON3108-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bb K.T.S...
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Decided on : Aug-10-2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE10H DAY OF AUGUST201519TH SRAVANA, 1937 WP(C).No. 19146 of 2015 (P) --------------------------------------------- PETITIONERS:1. TESSY VARGHESE, VATTAMKONDATHIL HOUSE, ASSARIKADU P.O., THRISSUR-680 751.2. JASMINE SHAJI, PERUMANA HOUSE, CHENNAIPPARA P.O., THEKKEKKULAM, THRISSUR DISTRICT.3. MOHANAN C., MULLAPILLY HOUSE, VAZHUKKUMPARA, CHUVANNAMANNU P.O., THRISSUR-680652. BY ADVS.SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SMT.R.S.MANJULA RESPONDENTS:1. THE SECRETARY TO GOVERNMENT , CO-OPERATIVE DIPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM-695 001.3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), O/O. JOINT REGISTRAR, THRISSUR DISTRICT-680 001.4. THE PRESIDENT, PEECHI SERVICE CO-OPERATIVE BANK, PEECHI, PATTIKKAD P.O., THRISSUR DISTRICT-680 652.5. THE PEECHI SERVICE CO-OPERAT...
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Decided on : Aug-05-2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE5H DAY OF AUGUST201514TH SRAVANA, 1937 WP(C).No. 32588 of 2008 (S) ---------------------------- PETITIONER(S): -------------- KERALA ELECTRICITY EMPLOYEES CONFED. CONFEDERATION, HEAD OFFICE, SREENIVAS TOURISM HOME, THAMBANNOOR, THIRUVANANTHAPURAM REPRESENTED, BY ITS GENERAL SECRETARY SAJEEV JANARDANAN, AGED59YEARS, S/O. G. JANARDANAN BY ADVS.SRI.K.RAMAKUMAR (SR.) SMT.SMITHA GEORGE RESPONDENT(S): -------------- 1. UNION OF INDIA SECRETARY, MINISTRYOF POWER , NEW DELHI.2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.3. SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, GOVERNMENT OF KERALA THIRUVANANTHAPURAM.4. THE KERALA STATE ELCTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIYDHUTHY, BHAVAN PATTAM, THIRUVANANTAPURAM.5. THE SPECIAL OFFICER, MANAGING COMMITTEE (CHAIRMAN, KSEB), VAIYDHUTHY BHAVAN...
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Decided on : Aug-04-2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE4H DAY OF AUGUST201513TH SRAVANA, 1937 WP(C).No. 4748 of 2015 (P) --------------------------- PETITIONER(S): ----------------- 1. CABLE T.V OPERATORS ASSOCIATION REG.NO.W299/02 REPRESENTED BY THE SECRETARY K.V.RAJAN PANAMPILLY NAGAR, ERNAKULAM2 RAJENESH P.S S/O.P.G.SUNANDHAN, H.NO.9/848 A, ANJANAM PANDIKUDY, KOCHI68200 3. K.R.RAJEEV S/O.K.G.RAVINDRAN, H.NO.19/376, KILIKKOODAYIL HOUSE P.D.ROAD, PALLURUTHY, KOCHI68200 4. SURESH KUMAR P.P. S/O.P.S.PARAMESWARAN, PALLIPRAYIL HOUSE P.O.MADATHUMPADY, THRISSUR68073 5. P.ANTONY S/O.C.D.LONAPPAN, PANJIKKARAN HOUSE, P.O.MADATHUMPADY THRISSUR68073 6. VIJAYAKUMAR.B S/O.BALAKRISHNAN NAIR, KRISHNALAYAM, THENGAMAM P.O. PATHANAMTHITTA69052 7. BAIJU C.A. S/O.ANTONY C.V, CHIRAYANKANDATH HOUSE, MULLASSERRY THRISSUR68050 BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT POWER DEP...
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