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1802 was a landmark year in the Judicial history of North Malabar in which year the first zilla court was established at Thalassery (formerly known as Tellicherry). To begin with, it was three bench Court of which, Two Judges were on circuit. H.Clephen was the First Judge of the Zilla Court, Thalassery. In 1816 a District Munsiff Court was established at Thalassery. In 1845 all Courts were abolished and in their place a Civil and Sessions Court and a Principal Sudir Amin’s Courts were established. In 1873 the Civil and Sessions Court was changed into District and Sessions Court. It is worth remembering that the Thalassery Bench and Bar celebrated the Bi-Centenary of the establishment of Zilla Court at Thalassery in 2002-2003 in a befitting manner.

Thalassery Courts has its Glorious past and that name and fame, by erudits Bar and eminent Judges due to their performance well. The contribution of Thalassery Courts to the higher Judiciary is worth mentioning viz; Justice V.R.Krishna Iyer, Justice V.Khalid, Justice K.Bhaskaran, Justice K.Bhaskaran Nambiar, Justice P.A.Muhammed, late Justice P.V.Narayanan Nambiar and Justice A.K.Basheer. Minister of State for External Affairs E. Ahamed was also a former member of the Bar Association.The present Director General of Prosecution Mr.T.Asaf Ali is also a member of the glorious Bar.

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Thalassery is the Judicial head quarter of Kannur Revenue District. 13 regular Courts are functioning here and camp Courts like Labour Court, Human Right Commission etc. are also conducting sittings at Thalassery Court Complex. There are 700 members on the role of the District Court Bar Association and has a well stocked and up-dated Library. As part of the Bi –Centenary celebration, a well equipped Library has also started functioning in the Court premises for the use of members and Judicial officers (Remembering the contributions of senior lawyer Mr. K K Venugopal to the library in memory of Barrister M K  Nambiar). The district court bar association library is known as ‘Reid Libraray’ named after Justice J W Reed.

Noted Malayalam writer Chandu Menon who wrote Malayalam's first novel 'Indulekha' was a Judge at Thalassery. William Logan, who served as district judge at Thalassery in 1873, is still remembered for his Malabar Manual.

Archana Girish Sabnis vs Bar Council Of India & Ors on 26 November, 2014
M.Y. Eqbal, J.: This appeal by special leave is directed against the judgment and order dated 10.4.2006 passed by the High Court of Judicature at Bombay whereby Writ Petition No.6133 of 2002 preferred by the appellant was dismissed. 2. The case of the appellant in brief is that after completion of professional course i.e. Licentiate of the Court of Examiners in Homoeopathy medicines (LCEH), she took admission to LL.B. course conducted by University of Mumbai. It is submitted by the appellant that LCEH is considered as equivalent to graduation degree by the Central Council of Homoeopathy and such decision is even approved by the Government of India for equating the pay scales. 3. The University of Mumbai admitted the appellant to law course after satisfying itself as regards the equivalence of the professional qualification possessed by her. After completion of her LL.B. degree course, the appellant being desirous of practicing law surrendered her certificate of practicing homoeopathy, which was duly accepted by Maharashtra Council of Homoeopathy on 25.9.2001.
Gram Panchayat,Village ... vs Jagir Singh & Ors on 26 November, 2014
KURIAN, J.: Leave granted. Alleging that the first respondent had encroached upon the land belonging to the Panchayat, more particularly, a public street, the appellant-Gram Panchayat has been airing its grievance before various forums. It succeeded in getting an order of eviction from the competent authority. That order was challenged in Civil Writ Petition No. 20116 of 2005 by the first respondent. The learned Single Judge of the High Court of Punjab and Haryana, in judgment dated 30.05.2009, passed the following order: "It appears that the Panchayat is unnecessarily trying to create problem for the petitioner. The petitioner apparently has constructed a house and as per the report has not encroached upon any street. His plea is that it may be a private street leading to his house constructed on a land bought by him from the private respondent. This will explain the attitude of respondent No.4 in objecting to the proposal being accepted. The petitioner, thus, is given liberty to deposit the compensation at twice the Collector rate for the land in his possession in the accounts of the Gram Panchayat. This order is basically passed in equity consider
Sidhharth Viyas & Anr vs Ravi Nath Misra & Ors on 25 November, 2014
ADARSH KUMAR GOEL J. 1. Leave granted. 2. This appeal has been preferred against the Judgment and Order dated 7th May, 2007 of the High Court of Judicature at Allahabad, Civil Side in Civil Miscellaneous Writ Petition No.47201 of 2002. 3. The question for consideration is whether Section 12(3) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short "the Act") providing for 'deemed vacancy' is applicable to a situation where the tenant or a member of his family builds, acquires or otherwise gets a vacant building in the area concerned after commencement of the tenancy but prior to application of the Act to the tenancy in question. 4. Brief reference to facts giving rise to the question is necessary. The accommodation in question was let out for residential purpose w.e.f. 1st June, 1981 and was assessed for house tax for the first time on 1st October, 1983. Under Section 2(2) of the Act, the Act which otherwise came into force on 15th July, 1972, was not applicable to the building during ten years from the date on which its construction was completed. The construction is deemed to be completed, inter alia, on the date on which the first assessment of letti
Associate Builders vs Delhi Development Authority on 25 November, 2014
R.F.Nariman,J. 1. Leave granted. 2. The appellant herein was awarded a certain construction work contract by the DDA vide a letter of award dated 14th May, 1992. DDA was building a colony consisting of 7,000 houses in Trilok Puri in the trans-Yamuna area. 168 Middle Income Group houses and 56 Lower Income Group houses, Grade-A Pocket- B (balance work) was awarded for the tendered amount of Rs.87,66,678/-. The contract was to be completed in 9 months. Admittedly, it was ultimately completed only in 34 months, the contractor completing 166 Middle Income Group houses and 36 Lower Income Group houses. The total value of work that was done amounted to Rs.62,84,845/-. As many as 15 claims were made by the contractor and the High Court of Delhi appointed one Shri K.D. Bali to arbitrate the present dispute. 3. We are concerned here with claims 9, 10, 11 and 15, for these claims have been allowed by the Arbitrator and the DDA's objections have been dismissed by the learned Single Judge of the High Court of Delhi. The Division Bench in an appeal under Section 37 of the Arbitration Act, 1996 has stepped in to set aside the judgment of
Sita Ram vs State Of Haryana And Anr on 25 November, 2014
V.GOPALA GOWDA, J. Leave granted. 2. This appeal is directed against the final judgment and order dated 05.07.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 9710 of 2003 dismissing the Writ Petition. The facts of the case are briefly stated hereunder:- 3. The appellant started his factory for manufacturing fireworks in the year 1990 at Village Kasar, Tehsil Bahadurgarh, District Jhajjar and was granted a licence by the Chief Controller of Explosives for storage of explosives under the Explosives Rules, 1983 framed under the Explosives Act, 1884. 4. Under the Explosives Rules, it is mandatory to maintain open radial safety distance of 71 meters from all sides around the magazine storing 2 Lakh Kgs. of fireworks. The letter dated 05.03.2001 was issued to the appellant's firm by the Joint Chief Controller of Explosives, Faridabad, stipulating that 71 meters of safety radial distance must be maintained from all sides of the magazine storing 2 Lakh kgs of fireworks. The explosive rules further mandate that land of 71 meter radius around the magazine sh
M/S Hyder Consulting(Uk) Ltd vs Governer State Of Orissa Tr.Chief ... on 25 November, 2014
H.L. Dattu, CJI. 1. In view of the reference order dated 13.03.2012, this Civil Appeal and the matters connected therewith are placed before a three-Judge Bench of this Court for consideration and decision. The question before this Court is, whether the decision of this Court in State of Haryana and Others v. S.L. Arora and Company., (2010) 3 SCC 690, wherein it is held that an award of interest on interest from the date of award is not permissible under sub- section (7) of section 31 of the Arbitration and Conciliation Act, 1996 (for short, "the Act, 1996"), is in consonance with
Jagdish And Ors vs State Of Uttaranchal on 25 November, 2014
R. BANUMATHI, J. This appeal arises out of judgment dated 29.12.2011 passed by High Court of Uttarakhand in Criminal Appeal No.215/2002, in and by which, the High Court confirmed the conviction of the appellants under Sections 304B, 498A and 201 IPC and the sentence of life imprisonment imposed on each of them. 2. Briefly stated, case of the prosecution is that marriage between complainant-Meharchand's daughter Seema (deceased) and accused- Late Chandrahas was solemnized in the month of May 1991. As per his capacity and status, PW-1-complainant gave sufficient dowry and articles. But within few days of marriage, Chandrahas alongwith his parents and relatives, started harassing Seema on account of non-fulfillment of demand of dowry. PW-1- father of the deceased, having poor resources, was unable to meet these ever increasing demands. PW-1, repeatedly requested Chandrahas and his family members not to harass his daughter, but they remained firm in their demands of motorcycle and dowry amount. PW-1 could collect only meagre amount of Rs.2,000/- and gave it to the family of Chandrahas and requested them not to ill-tre
Motilal Yadav vs State Of Bihar on 25 November, 2014
Prafulla C. Pant, J. Leave granted. This appeal, by special leave, is directed against judgment and order dated 5.11.2012, passed by the High Court of Judicature at Patna, whereby the conviction of the accused-appellant Motilal Yadav recorded under Section 364A read with Section 34 and Section 120B read with Section 364A IPC by learned Additional Sessions Judge, ETC III, Bhagalpur, in Sessions Case No. 1053 of 2003/Trial No. 12 of 2004, is affirmed. The accused-appellant, along with other co-accused, has been convicted and sentenced to imprisonment for life and directed to pay fine of Rs.5,000/- under Section 364A read with Section 34 IPC, and further sentenced to imprisonment for a period of two years under Section 120B read with Section 364A IPC. Heard learned amicus curiae for the appellant and learned counsel for the respondent. Prosecution story in brief is that PW-6, Subhash Chandra Singh, gave a written information at Police Station, Kahalgaon, on 23.4.2002 at 8.05 a.m. that his grandson Sagar Kumar (PW-5) has been kidnapped. The informant narrated in the written report that the victim (Sagar Kumar), aged six years, along
High Court Of Gujarat vs Hitendra Vrajlal Ashara & Anr on 24 November, 2014
C. NAGAPPAN, J. This appeal is preferred against the judgment and final Order dated 30.8.2013 passed by the High Court Gujarat at Ahmedabad in Special Civil Application No.15449 of 2008. The respondent was working as a Judicial Officer under the administrative control of the High Court namely the appellant herein. Labour Court of Bhavnagar had passed ex-parte award dated 17.7.1993 in Reference (LCB) No.490 of 1990 in favour of workman, wherein his termination was set aside with a direction to grant consequential benefits. The employer filed Misc. Application No.92 of 1993 on 21.11.1993 to set aside the ex-parte award in the said case and the Labour Court dismissed the application on 28.4.1997. Employer filed another Misc. Application No.37 of 1997 praying to set aside the ex-parte award in the said case. Meanwhile workman filed Recovery Application No.279 of 1997 and the Labour Court directed recovery in pursuance to order passed in Reference LCB No.490 of 1990. Challenging the original award and the order passed in recovery application the employer preferred Special Civil Application Nos. 446 and 520 of 1998 and the High Court dismissed the same. Respondent as In-charge Judge of the Labour Court of Bhavnagar a
Calcutta Port Trust & Ors vs Anadi Kumar Das (Capt) & Anr on 24 November, 2014
V.GOPALA GOWDA, J. This Interlocutory Application is filed by the applicant-respondent for modifying the operative part of the final judgment and order dated 13.11.2013 passed by this Court in Civil Appeal No. 7148 of 2008 directing the appellants Calcutta Port Trust to disburse the arrears of pension to the applicant-respondent stating various facts mainly alleging that despite the judgment and order dated 13.11.2013, though this Court has ordered for disbursement of pension to the claimant-applicant, the Calcutta Port Trust has not cleared the outstanding dues payable to him in so far as he applied for pension to the competent authority to come over to the pension scheme by submitting an application on 23.07.2001 by switching over to the pension scheme from CPF Scheme. Despite legal notice dated 27.05.2014, the Calcutta Port Trust has taken it to mean that the applicable date for the purposes of disbursement of pension to the respondent as he was permitted to exercise his option by condoning the delay in submitting his application is the judgment dated 13.11.2013, wherein this Court while setting aside the
Sri Srikanta D N Wadiyar (D) By Lr vs State Of Karnataka & Ors on 21 November, 2014
By means of this Interlocutory Application the first respondent - State of Karnataka has prayed as under: - "[i] Permit the State of Karnataka to widen the road in the adjoining areas of the Palace Ground, Ramana Maharshi Road [Bellary Road] and Jayamahal Road as per sketch; [ii] grant permission to complete the proposed work of widening the roads, utilizing total area of 15 Acres 39 guntas of the Bangalore Palace Ground, in the interest of justice and equity; and [iii] To pay compensation to the above land as per the calculation in the original award, which is agreed upon by this Hon'ble Court on an earlier occasion i.e., while disposing I.A. No. 2 on 15.02.1999 or any other compensation package that this Hon'ble Court may suggest." Heard learned counsel for the parties including the parties in connected civil appeal Nos. 3309-3310 of 1997, 3305 of 1997, 3306 of 1997, 3308 of 1997, 3307 of 1997 and 3351 of 1997. Brief facts of the case are that the Bangalore Palace (Acquisition and Transfer) Act, 1996 (for short "the Act")
Surjit Singh vs State Of Punjab on 21 November, 2014
Uday Umesh Lalit, J. 1. This appeal arises out of judgment and order dated 24.07.2012 passed by the High Court of Uttarakhand at Nainital allowing Government Appeal No.386 of 2003 and setting aside the order of acquittal passed by the District and Sessions Judge, Haridwar in Sessions Trial No.26 of 2000 insofar as the present appellants are concerned. On 07.09.1999 at about 1.30 pm the complainant Mustafa submitted a written report in Police Station Bhagwanpur, Haridwar to the effect that in the intervening night between 6th and 7th September 1999 he along with his brother Behroj, nephew Wasim and father Ali Hassan were sleeping in the verandah and that in the night at about 1200 hrs. he woke up and saw one Sabbir armed with Palkati, his brother Kabir armed with pharsa and one Naim armed with lathi coming to the verandah. Naim allegedly asked where was Ali Hassan, whereupon Kabir stated that Ali Hassan was sleeping and exhorted that he be killed, after which Sabbir gave a blow by palkati on the neck of Ali Hassan while he was sleeping. Ali Hassan died instantaneously. Upon alarm being raised these three persons ran away and while r
Manoharlal vs State Of M.P on 21 November, 2014
Uday Umesh Lalit, J. 1. This appeal challenges the judgment and order dated 31.08.2012 passed by the High Court of Madhya Pradesh, Indore Bench in Criminal Appeal No. 442 of 1998 affirming the judgment and order of conviction and sentence passed by the Sessions Judge, Ratlam in Sessions Trial No.18 of 1997. 2. The instant matter arises out of FIR No.93 of 1997 lodged on 31.07.1997 at about 6:10 a.m. by PW-2 victim to the effect that in the previous night the appellant herein had committed rape on her and following was her version. The victim, an adivasi woman, though married was staying with her parents at Devipada. On 30.07.1997 after having visited her brother at Khetalpur, she had returned by bus and alighted at Bajna bus stand at about 10:00 P.M. She was sitting near a Ghumti when the appellant approached her and suggested to her to spend the night at Dharamshala with his children. She then accompanied him to Dharamshala but since there were no children he took her to the house of another person. There a man suffering from fever was sleeping and on the appellant suggesting that the victim be all
Naim & Anr vs State Of Uttarakhand on 21 November, 2014
Uday Umesh Lalit, J. 1. This appeal arises out of judgment and order dated 24.07.2012 passed by the High Court of Uttarakhand at Nainital allowing Government Appeal No.386 of 2003 and setting aside the order of acquittal passed by the District and Sessions Judge, Haridwar in Sessions Trial No.26 of 2000 insofar as the present appellants are concerned. On 07.09.1999 at about 1.30 pm the complainant Mustafa submitted a written report in Police Station Bhagwanpur, Haridwar to the effect that in the intervening night between 6th and 7th September 1999 he along with his brother Behroj, nephew Wasim and father Ali Hassan were sleeping in the verandah and that in the night at about 1200 hrs. he woke up and saw one Sabbir armed with Palkati, his brother Kabir armed with pharsa and one Naim armed with lathi coming to the verandah. Naim allegedly asked where was Ali Hassan, whereupon Kabir stated that Ali Hassan was sleeping and exhorted that he be killed, after which Sabbir gave a blow by palkati on the neck of Ali Hassan while he was sleeping. Ali Hassan died instantaneously. Upon alarm being raised these three persons ran away and
R. Rajanna vs S.R.Venkataswamy & Ors on 20 November, 2014
T.S. THAKUR, J. 1. Leave granted. 2. Can the validity of a decree passed on a compromise be challenged in a separate suit is the short question that falls for determination in this appeal. It arises in the following circumstances: 3. The appellant filed a suit for declaration to the effect that gift- deed dated 12th August, 1982 executed by one Ramaiah was void and for a permanent prohibitory injunction restraining the defendant-respondent from alienating the suit schedule property or interfering with the peaceful possession and enjoyment of the same by the plaintiff. By its judgment and order dated 25th March, 1991, the Trial Court decreed the suit holding the gift-deed in question to be null and void, hence not binding on the plaintiff-appellant. Defendants No.2 and 3 in the said suit were also directed to demolish the building constructed in the schedule property and surrender possession thereof to the plaintiff. Aggrieved by the judgment and decree passed against him the respondent filed RFA No.223 of 1991 before the High Court of Karnataka at Bangalore. According to the respondent a compromise petition was in terms of Order XXIII Rule 3 of Civil Pr
Prinl.Govt.Pre-Univ.Col.& Anr vs Jambu Kumar Mutha on 20 November, 2014
T.S. THAKUR, J. 1. Leave granted. 2. These appeals arise out of a common order dated 13th February, 2012 passed by the High Court of Karnataka whereby Regular First Appeals No.806 of 2000 and 296 of 2011 filed by the appellants have been dismissed. 3. In OS No.125 of 1996 plaintiff-respondent No.1 in these appeals prayed for declaration of his title over the suit property, removal of unauthorised construction raised over the same and permanent injunction restraining defendants in the suit from interfering with the plaintiff's possession and enjoyment of the suit property. The plaintiff's case in a nutshell was that he is the owner of the land measuring 1 acre 38 guntas situate in Malur Town, Kalur District fully described in the plaint out of which the defendants had unauthorisedly occupied an area measuring 377 feet x 34 feet to construct a school b
D.R.Somayajulu Sec.D.L.S vs Athili Appala Swamy & Ors on 19 November, 2014
R. BANUMATHI, J. Delay condoned in S.L.P. (Civil) No. 9648/2013. Leave granted in both the special leave petitions. 2. These appeals challenge the correctness of order of Andhra Pradesh High Court passed in review application being W.P.M.P.No.1540/2009 in Writ Appeal No.1840/2008 dated 30.4.2011, setting aside the order dated 5.1.1982 passed by the competent authority determining an extent of 38,781 sq. mtrs. of late Attilli Narasayyamma as surplus land and also the order passed by the appellate authority dated 24.4.2001 on the ground that the proceedings taken against the dead person are totally void ab initio and non-est. 3. The case has a chequered history. A maze
Baljinder Kaur vs State Of Punjab on 19 November, 2014
R. BANUMATHI, J. This appeal arises out of judgment dated 11.08.2010 passed by Punjab and Haryana High Court in Criminal Appeal No.703-SB of 1999, in and by which, the High Court confirmed the conviction of the appellants under Section 304B IPC and sentence of seven years rigorous imprisonment imposed on the appellant- Baljinder Kaur (sister-in-law) and second accused-Pritam Singh (husband) while acquitting father-in-law and mother-in-law. 2. Briefly stated case of the prosecution is as follows: Marriage of Sharanjit Kaur (deceased) was solemnized with second accused-Pritam Singh in the month of January 1997. Although PW-4 - Joginder Singh (father of the deceased) gave sufficient dowry at the time of his daughter’s marriage, after two months of her marriage, the deceased told her father and Harbans Singh-the mediator of marriage that the second accused-Pritam Singh and his family members were demanding dowry and harassing her. About two months after the marriage, the appellant-Baljinder Kaur (sister-in-law) demanded for a gold karra as dowry. PW-4, the father of the deceased could not meet the demand of dowry, so he brought h
Rajkot Distt Cooperative Bank Ltd vs State Of Gujarat And Ors on 19 November, 2014
V.GOPALA GOWDA, J. The applications for impleadment filed in the SLP(C) Nos. 29726 of 2013, 29727 of 2013 and 29728 of 2013 are allowed. Leave granted in all the special leave petitions. 2. The appellants before this Court have filed these appeals questioning the correctness of the impugned orders dated 15.11.2011, 30.1.2012 (passed by the Division Bench) and common impugned order dated 04.07.2013 (passed by the full Bench) of the High Court of Gujarat at Ah
Rakesh Baban Borhade vs The State Of Maharashtra & Anr ... on 19 November, 2014
R. BANUMATHI, J. Leave granted. 2. These appeals by special leave challenge the Order dated 1.4.2014 passed by the Bombay High Court, in and by which, the High Court dismissed the anticipatory bail applications filed by the appellant while granting anticipatory bail to two other persons (Suresh Vallabhji Vora and Rajnikant N. Parekh) arrayed as accused in the same case. 3. Case of the prosecution arises out of a private complaint filed by M/s. Merit Magnum Construction alleging commission of offences against the appellant and other accused u/s 420, 406, 423, 424 r/w Section 34 IPC wherein directions were issued by the Magistrate u/s 156 (3) Cr.P.C. for proper investigation. Case of the complainant is that on 21.12.2005, the seven companies through their Directors entered into a Memorandum of Understanding (MOU) to sell the rights of their land to the complainant - M/s. Merit Magnum Construction, formerly M/s Vimal Builders. Till 2006, the complainant is said to have paid a sum of Rs.7,22,12,256/- to the said companies. It is alleged that inspite of the timely payment of Rs.7,22,12,256
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