Court : Kerala
1. The petitioner was a successful bidder in an auction conducted by the 4th respondent on 18.07.2009 of properties comprising of 0.2833 hectors in Re-Sy.No.22/3 and 0.3237 hectors in Re.Sy.No.24/2 of Muthalamada-II Village in Chittur Taluk. The auction was conducted for the purposes of realisation of an amount of Rs.1,12,14,099/- which was due from Sri.M.Abdul Wahab towards sales tax dues for the assessment year 2001-2002. It would appear that the properties belonging to the said Sri.Abdul Wahab were put up for sale on 18.07.2009 on which date 7 persons, including the petitioner, participated in the auction sale and the petitioner turned out to be the highest bidder for an amount of Rs.2,77,000/-. The petitioner subsequently paid the entire bid amount to the revenue account by challans dated 22.07.2009 and 13.08.2009. In the writ petition, the petitioner is aggrieved by the steps taken by the respondents to cancel the sale of the properties in favour of the petitioner. It is his case ...
Tag this Judgment!Court : Kerala
Facts: 1. The petitioners, being the members of the sixth respondent Society, laid challenge against Exhibit P2 amended bye-laws and also Exhibit P1 election notification on two grounds: (a) In contravention of the third proviso to Section 28 (1) of the Kerala Co-operative Societies Act (for short 'the Act'), the Society has divided its area into six wards instead of eleven, the total number of wards; and (b) despite the statutory mandate that the Society should maintain a Form 32 Register in terms of Rule 18A of the Kerala Co-operative Societies Rules (for short 'the Rules'), it is going to hold election without maintaining any register. Rival Submissions: Petitioners': 2. In the above brief factual backdrop, Sri.M.Sasindran, the learned counsel for the petitioners, has drawn my attention to the third proviso to Section 28(1) of the Act to hammer home his contention that if eleven members have to be elected to the Managing Committee, inclusive of the reserved categories, the area of t...
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1. Heard Sri.P. Gopal, the learned Standing Counsel for the Review Petitioner, Guruvayur Devaswom Managing Committee and the learned counsel for the respondents. 2. According to the learned Standing Counsel for the Review Petitioner, the court , defined in Section 2(d) of the Guruvayoor Devaswom Act, 1978, means: the District Court having jurisdiction over the area in which the Temple is situated. Therefore, the suit in question ought to have been filed before the District Court, Thrissur. 3. The incident involved in the case had occurred at the premises of Puthalath Ayyappa Kshethram at Vadanappalli, which is far away from the Guruvayoor Temple, when an elephant belongs to the Guruvayur Devaswom brought to that temple for the festival ran amok. 4. According to the learned Standing Counsel for the Review Petitioner, this Court has not considered the decisions in Vasudevan Namboodiri v. Parameswaran Namboodiripad [2014 (3) KLT 386] and also in Pandit v. Sree Krishna Swamy Devaswom [201...
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1. The petitioner is a Primary Co-operative Agricultural and Rural Development Bank, registered and unctioning within the purview of the Kerala Co-operative Societies Act, 1969 and the Kerala Co-operative Societies Rules, 1969, framed thereunder. The petitioner had made a request to the 3rd respondent Co-operative Service Examination Board constituted in terms of Sec.80B of the Kerala Co-operative Societies Act, on 19.1.2009, to take steps for conduct of selection examination for appointment to three posts out of which two were in general category and one in SC/ST category. Accordingly, the 3rd respondent Examination Board issued necessary notification in that regard on 20.2.2009 inviting applications from interested candidates for the selection process. The selection examination was duly held on 11.7.2009 by the Board and the consolidated list was sent on 5.12.2009. The rank list was also prepared on 5.12.2009. The details in this regard are referred to in Ext.P4. According to the pet...
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B. Radhakrishnan, J . 1. These appeals by primary agricultural credit societies registered and classified as such under the provisions of the Kerala Co-operative Societies Act, 1969, for short, 'KCS Act', relate to exemptions claimed by them with reference to section 80P(4) of Income Tax Act, 1961; hereinafter, 'IT Act'. Issues are also raised relating to the validity or otherwise of the returns filed by the assessees beyond the period stipulated under section 139(1)/(4) or section 142(1)/148 for the purpose of deciding exemption under section 80P of the IT Act. Inci dental issues relating to doubtful debts proportionate to the gross total income and the status of rural branch to claim deduction referable to section 36 (1)(viia) of the IT Act are also raised. 2.Heard Snr.Adv.Firoze B.Andhyarujina and Snr.Adv.T.M.Sreedharan and other learned advocates for the appellants and Snr.Adv.P.K.R.Menon, learned senior standing counsel for the Government of India (Taxes) assisted by Adv.Jose Jose...
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1. The decision in E.A.No.133 of 2013 in E.P.No.183 of 2012 in R.C.P.No.53 of 2007 on the file of the Rent Control Court, Kozhikode, as confirmed in appeal, is under challenge in this Second Appeal. 2. The facts relevant for examining the correctness of the impugned decision are the following: The grandfather of the second respondent filed R.C.P.No.53 of 2007 for eviction of the tenants from the petition schedule building therein, under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The need, on the basis of which eviction of the building was sought in the said proceedings, was that the second respondent, a dependent of the petitioner therein is unemployed and that she wants to run a nursery in the petition schedule building. Since the building was sought to be evicted for the requirement of the second respondent, when the eviction petition came up for trial, the second respondent also gave evidence. In her deposition as PW2, the second respondent has reitera...
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Shaffique, J. 1. These appeals are filed against common judgment dated 18/3/2015 in a batch of writ petitions. By the aforesaid judgment, the learned Single Judge directed the Kerala Public Service Commission (for short KPSC) to advise 394 vacancies reported by the Kerala State Electricity Board (for short KSEB) based on interim orders passed by the Court, taking into account the ranking positions of the respective candidates and observing the rules of reservation and communal rotation. The appeals have been filed by the KSEB and its officers as well as third parties seeking leave of this Court. 2. Facts of the case as disclosed in WP(C) No.29942/13 against which WA No.1606/2015 has been filed are: Petitioner claimed that he is included as rank No.5 in the supplementary list for Viswakarma community in the ranked list published by the KPSC for the post of Assistant Engineer (Electrical) in the KSEB. The rank list was to expire on 15/12/2013. According to the petitioner, large number of...
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Raja Vijayaraghavan, J. 1. As many as 25 accused were indicted for the offence under Section 143, 147, 148, 324 and 302 read with Section 149 of the IPC, S.3 and 5 of the Explosives Substances Act, 1908 and Section 27(1) of Arms Act, 1959 and they were tried by the Court of Sessions, Thalassery, for their role in a gruesome incident involving explosive devices which took place at 5.15 p.m on 23.5.2002 at a place called Karkode in Thillankari amsom, Kannur District. 2. The prosecution case, as is revealed from the evidence, unfolds in the following manner:- Uthaman, an activist of the RSS was murdered on the previous day and a hartal was organized by the RSS on 22.5.2002 at the Karcode Area. Deceased Ammukutty Amma was a distant relative of Uthaman, and she along with her grandson, Shiju (PW 1) and some other persons who owe allegiance to the RSS were returning back in a Jeep driven by one Shihab, after attending the funeral ceremonies of the deceased. A total of 13 persons were inside ...
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Ashok Bhushan, C.J. 1. The petitioners have filed this writ appeal against judgment dated 13.8.2015 in W.P(C) No.23197 of 2015 by which judgment, the writ petition has been dismissed. 2. The brief facts of the case as emerged from the pleadings of the parties are: On 1.6.2007 petitioners 1 and 2 who are travelling in a bus from Bangalore to Mangalore were arrested by Upilangadi Police Station, Mangalore and an amount of Rs.39,22,679.50 was seized. The Assistant Director, Directorate of Enforcement (FEMA) initiated an investigation for contravention of provisions of the Foreign Exchange Management Act, 1999 (hereinafter referred to as, 1999 Act). For the purposes of investigation under 1999 Act, Assistant Director, the 4th respondent, made an application before the Additional Civil Judge (Junior Division) and Judicial First Class Magistrate Court, Puthur for a direction to the police to handover the seized property. The Additional Civil Judge passed an order allowing the application, bu...
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V. Raja Vijayaraghavan, J. 1. The appellant, after having found guilty of fratricide, has preferred this appeal challenging the conviction, and sentence . 2. Prosecution case runs thus: Ammini Amma is the mother of Sekharan, the accused, and Rajan, the deceased. She was staying with Sekharan and his family in the family house. The deceased Rajan is her elder son and there were pending disputes between her two sons in respect of a pathway lying on the eastern side of the family house, which was being used by deceased Rajan to gain access to his property which was situated about 20 meters towards the north. There were frequent spats between Rajan and Sekharan and it has come out in evidence that both were alcoholics. On 17.2.2009, there arose some dispute in connection with the blowing up of the fuse of a water pump between Rajan and Sekharan and the prosecution alleges that Sekharan kicked Rajan resulting in Rajan falling on the ground. Prosecution further alleges that, in a horrendous ...
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