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Judgment Search Results Home > Cases Phrase: mediation Court: kerala Year: 1998 Page 1 of about 32 results (0.013 seconds)

Sep 15 1998 (HC)

Jacob Mathew Vs. Mrs. Maya Philip Alias Annama and anr.

Court : Kerala

Decided on : Sep-15-1998

Reported in : AIR1999Ker192

..... between the respondents till july, 1996 is not sustainable, especially when according to the petitioner he has been making enquiries about the whereabouts of the 1st respondent and attempting at mediation. i have already held that there is nothing on record to attribute knowledge to the petitioner regarding the marriage between the respondents on 14-4-1996. even though the petitioner ..... further argued that pw 1 has deposed that he has been making enquiries about the 1st respondent after she left him on 5-1-1992 and there were attempts at mediation. therefore, according to him, there is every possibility for the petitioner to come to know about the marriage between the respondents immediately after it was contracted on 14-4-1996 ..... petitioner on 5-1-1992 without his consent and began to live with her parents. the 1st respondent did not return to the petitioner in spite of efforts made through mediation. the 1st respondent filed a petition before the ecclesiastical court, ernakulam for a declaration of nullity of marriage with the petitioner making false and baseless allegations. a decree for separation .....

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Feb 27 1998 (HC)

Baburajan Vs. Parukutty and ors.

Court : Kerala

Decided on : Feb-27-1998

Reported in : AIR1998Ker274

..... before the district court. arguments were heard on the civil miscellaneous appeal. summer vacation for the courts intervened before the order was pronounced. according to the plaintiff, there was a mediation in the dispute between the son and the father, in the presence of the two uncles of the plaintiff, pws. 2 and 3 and the brother of kuttappu one ayyappu .....

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Mar 31 1998 (HC)

Chemari Balan Nair Vs. Manikkoth Vilasini

Court : Kerala

Decided on : Mar-31-1998

Reported in : AIR1998Ker313

..... since she left thehouse in march 1981. this itself indicates theconduct of the appellant in gauging to find out thegenuineness of his claims. his case is that he hademployed some mediators for the purpose offinding out a settlement. though he had sent somemediators the attempt was not fruitful. in thiscontext it would be apposite to observe that noneof the ..... mediators were examined before the trialcourt to prove the case pleaded by the appellant.he particularly mentioned the name of onesankaran namboodiri who was employed as amediator to go to the .....

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Jun 22 1998 (HC)

Sreekumar and anr. Vs. Pearly Karun

Court : Kerala

Decided on : Jun-22-1998

Reported in : 1999(2)ALT(Cri)77; II(1999)DMC174

..... the principal sub-judge, kottayam against the first respondent. the case was taken for settlement on 29.11.1997. the dispute between the parties are settled in the presence of mediators. parties agreed to continue to reside together. so the case was adjourned to 6.12.1997 for filing a joint application.3. it is admitted that on 30.11.1997 .....

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Feb 06 1998 (HC)

Noorudeen and ors. Vs. Umairathu Beevi and ors.

Court : Kerala

Decided on : Feb-06-1998

Reported in : AIR1998Ker171

s. marimuthu, j. 1. this appeal is directed against the judgment delivered by the district judge, kollam in a.s. no. 123 of 1989 dated 22-11-1991. the appellants are the legal representatives of the second defendant who were brought on record as defendants 6 to 8 on the; demise of the second defendant. the original plaintiff mytheen kunju abdul rehman kunju died pending the first appeal. therefore his legal representatives have been brought on record as plaintiffs 2 to 5 who are the respondents along with other defendants 1, 3, 4 and 5. 2. the deceased plaintiff filed o.s. no. 622/ 83 before the munsiff court, quilon for declaration of title and possession of the plaint schedule property, to set aside ext. b2 sale deed and ext. b3 hypothecation deed and for prohibitory injunction restraining the defendants from committing trespass into the suit property and from interfering with the enjoyment of the plaintiff. the plaint schedule property is 30 cents. the case of the plaintiff for consideration is as follows : the deceased plaintiff got the suit property under ext. a1 partition of the year 1967. the property is lying contiguous to the properties of the other sharers under ext. a1. the first defendant is the eldest son of the deceased first plaintiff. he studied up to pre-degree and he was unemployed. while searching for employment he happened to approach the second defendant. the second defendant gave assurance to the first defendant that he would get a job for the first .....

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Aug 14 1998 (HC)

Book Centre and anr. Vs. Mahatma Gandhi University, Kottayam

Court : Kerala

Decided on : Aug-14-1998

Reported in : AIR1999Ker58

orderk.a. abdul gafoor, j. 1. the petitioners are book publishers and sellers. some of their books have been prescribed as text books for pre-degree classes in the colleges affiliated to the mahatma gandhi university, hereinafter referred to as 'the university', for the year 1997-98. they have approached this court seeking a direction to the university to select the text books for pre-degree course for the year 1998-99 only after issuing notifications calling for books from publishers and sellers as had been done in the previous years. they also seek a direction to continue the prescribed texts in the year 1997-98 for the year 1998-99 as well.2. the petitioners submit that as per ext. p-1 schedule published by the university, first year pre-degree classes have already started on 20-7-98. they submit that chapter xii of the mahatma gandhi university first statutes 1991 provides that the board of studies constituted by the university shall have power to recommend for guidance to teachers and students books or prescribed texts for different classes. for the year 1998-99 also as seen from ext. p-2, notification has been issued by the university requesting the publishers, authors and book sellers who desire to have their books prescribed as text books for different degree courses of the university to submit ten copies of the same to the registrar. exhibit p-2 is dated 11-11-1997. thus, steps are taken in advance and long before the commencement of the academic year 1998-99 to .....

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Feb 11 1998 (HC)

Mathew Vs. Scaria and anr.

Court : Kerala

Decided on : Feb-11-1998

Reported in : AIR1998Ker253

s. marimuthu, j.1. the plaintiff is the appellant. defendants 1 and 2 are the respondents in this appeal. the appeal has arisen against the judgment delivered by the subordinate judge, kottayam, in a.s. no. 188/85 dated 20-7-1988. the appellant-plaintiff filed the suit in o.s. no. 217/84 before the court of the munsiff, palai on the following grounds for the specific performance. suit property measuring 3.5 cents originally belonged to the first defendant who is none other than his grandfather. the first defendant executed ext. a1 agreement in his favour on 1-8-1984 agreeing to sell the property for a sum of rs. 5000/- out of which on the date of ext. al agreement he received rs. 2500/- as advance. the first defendant instead of executing the sale deed in his favour attempted to sell the property to the second defendant. therefore the plaintiff was constrained to file o.s. no. 217/84 before the same court in which an interim injunction was granted against the first defendant arid subsequently it ended in dismissal. the plaintiff issued notice to the first defendant requiring him to execute the sale deed as per the ext. al agreement. on receipt of the notice the first defendant did not send any reply. therefore the plaintiff filed the above suit for the purpose stated above. the suit was resisted by both the defendants by filing a written statement contending that the first defendant has not executed any agreement for sale such as ext. al in favour of the plaintiff, nor did he .....

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Nov 23 1998 (HC)

T.K. Chandran Vs. Dakshina Bharatha Hindi Prachar Sabha and ors.

Court : Kerala

Decided on : Nov-23-1998

Reported in : AIR1999Ker158

orderc.s. rajan, j.1. the petitioner was the managing trustee of the first respondent. he was removed from the office of the managing trustee as per exhibit p-7. it is exhibit p-7 that is under challenge in this is original petition.2. sri jacob varghese, learned counsel appearing for the respondents has taken the preliminary objection that the first respondent is neither a state nor an instrumentality of the state as understood in article 12 of the constitution of india and therefore, is not amenable to the writ jurisdiction of this court under article 226 of the constitution.3. according to the counter affidavit filed by the first respondent, the first respondent is a society registered under the travancore-cochin literary, scientific and charitable societies registration act. therefore, according to the respondents, the character of the first respondent is only that of a society registered under the societies registration act. the learned counsel also relied on the following decisions to contend that this court will not be justified in issuing any direction to the first respondent or to quash any orders passed by the first respondent. the learned counsel specifically emphasized the decision of a full bench of this court reported in bhaskaran v. addl. secretary (1987) 2 ker lt 903 : (air 1988 kerala 75). in the above decision this court was of the view that a society registered under the kerala co-operative societies act is not a creation of the statute. it was only .....

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Aug 25 1998 (HC)

Midhun Murali (Minor) and anr. Vs. Fertilisers and Chemicals, Travanco ...

Court : Kerala

Decided on : Aug-25-1998

Reported in : AIR1999Ker36

a.r. lakshmanan, j. 1. petitioners i and 2 in o.p. 8125 of 1998 are the appellants in w.a. 1686 of 1998. they along with another petitioner by name, adin abraham, filed the original petition to declare that the selection for admission to standard i in udyogamandal school . pursuant to bxts. p-1 and p-2 is illegal and im-properand direct respondents 1, 3 and 4 tocanccl the same and also to direct the said respondents to conduct admission to fact udyogamandal school to standard i afresh in accordance with law. 2. according to the appellants in the above appeal, the first appellant was a student of lkg, mkg and ukg at kasturba english medium nursery school. he was an excellent student and was having first rank in the nursery school for both mkg and ukg. he was awarded distinction in the national level talent search examination held in 1996-97 and is also proficient in extracurricular activities and was placed first in the painting competition held at fact township. the case of the second appellant is also not different. apart from his excellence in nursery school, he holds certificate of merit in the p.c.m. scholarship examination at lkg and ukg and he has also won the merit certificate in the competitive examination conducted by the k.p.s.e. board trust. since the third petitioner did not prefer any appeal, we are not considering his case in this appeal. 3. according to the appellants in w.a. 1686 of 1998, there were several irregularities in conducting the examination etc. and .....

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Feb 03 1998 (HC)

Commissioner of Income-tax Vs. Poulose and Mathen (Pvt.) Ltd.

Court : Kerala

Decided on : Feb-03-1998

Reported in : [1999]236ITR416(Ker)

p.a. mohammed, j. 1. this batch of income-tax reference cases at the instance of the revenue relates to the assessment years 1986-87, 1987-88, 1988-89 and 1989-90. i.t.r. nos. 92 and 93 of 1995 arise from i. t. a. nos. 278/coch. of 1989 and 801/coch. of 1992 relating to the assessment years 1986-87 and 1987-88 and i. t. r. nos. 112 and 113 of 1996 arise from i. t. a. nos. 913/coch of 1990 and 507/coch of 1991 relating to the assessment years 1988-89 and 1989-90. the common question referred to us for decision is :'whether, on the facts and in the circumstances of the case, the asses-see is entitled to claim depreciation on the assets taken over from the partnership firms at the revalued figure ?'2. an additional question has been referred to us for decision in i. t. r. nos. 112 and 113 of 1996, which is as follows :'whether explanation 3 to section 43(1) is attracted to the facts and circumstances of the case ?'3. the facts of the case are condensed thus : the assessee is a company known as 'poulose and mathen pvt. ltd.' engaged in the business of purchasing raw carbon dioxide and bottling it in cylinders after purification. the assessee was a partner in a partnership firm consisting of nine partners. the other eight partners were the shareholders of the assessee-company. the partnership firm was dissolved on february 25, 1985, and the assets and liabilities of the firm were taken over by the assessee-company. the written down value of the assets of the firm was rs. 3,16,110. .....

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