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Nov 10 2004

Sherry Jacob Vs. Canara Bank

Court : Kerala

Decided on : Nov-10-2004

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 26B

Reported in : AIR2005Ker50; 2004(3)KLT1089

Advocate for Appellant : Kurian George Kannamthanam, Adv.

A.K. Basheer, J.1. This bunch of 5 cases - 2 Writ Appeals and 3 Original Petitions - has thrown up an important question for our consideration. Since the parties and issues involved are the same, we...

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Jan 24 2006

Assistant Commissioner (Assessment) Vs. Grasim Industries Ltd.

Court : Kerala

Decided on : Jan-24-2006

Subject : Sales Tax

Acts : Bombay Sales Tax Act, 1946 - Sections 6(3) and 12A(3); Karnataka Sales Tax Act - Sections 12(3); Kerala General Sales Tax Act, 1963 - Sections 17, 17(6), 17A and 18; Kerala General Sales Tax Rules, 1963 - Rules 32, 32(2) and 32(21); Central Sales Tax Rules - Rule 6(5); Bombay Sales Tax Act, 1946 - Rules 26 and 41A; Karnataka Sales Tax Rules, 1957 - Rule 26(10); Constitution of India - Article 226

Reported in : 2006(1)KLT821

Advocate for Appellant : Raju Joseph, Special Government Pleader (Taxes)

K.S. Radhakrishnan, Ag. C.J.1. This appeal has been preferred by the State of Kerala and the Assistant Commissioner (Appeals), Department of Commercial Taxes, aggrieved by some of the observations of the learned single Judge, especially with...

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Feb 03 2006

R.T.O. Vs. Sajith

Court : Kerala

Decided on : Feb-03-2006

Subject : Motor Vehicles

Acts : Kerala Motor Vehicles Taxation Act, 1976 - Sections 5, 5(1) and 11; Kerala Motor Vehicles Taxation Rule - Rule 10; Kerala Motor Vehicles Taxation Ordinance, 1975 - Sections 22

Reported in : 2006(1)KLT936

Advocate for Appellant : Raju Joseph, Spl. Government Pleader for Taxes

K.S. Radhakrishnan, J.1. This appeal has been preferred by the Regional Transport Officer, Palakkad and others aggrieved by some of the directions issued by the learned single Judge.2. Original Petition was preferred by the respondent herein...

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Sep 04 2003

Deputy Commissioner of Sales Tax, (Law), Board of Revenue (Taxes) Vs. ...

Court : Kerala

Decided on : Sep-04-2003

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 5, 5A, 5A(1) and 10; Constitution of India - Articles 14, 133, 134A and 301

Reported in : [2004]136STC545(Ker)

Advocate for Appellant : Raju Joseph, Special Government Pleader and; Chacko George and;

G. Sivarajan, J.1. The scope and content of Section 5A(1)(c) of the Kerala General Sales Tax Act, 1963 (hereinafter referred to as 'the Act') arise for consideration in these cases. Petitioner also incidentally challenges the constitutional...

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Nov 26 2003

Sales Tax Inspector Vs. Ittoop

Court : Kerala

Decided on : Nov-26-2003

Subject : Other Taxes

Acts : Kerala Tax on Entry of Goods Into Local Areas Act, 1994 - Sections 2 and 3; Motor Vehicles Act, 1988 - Sections 2(28) and 39

Reported in : 2004(1)KLT327; [2006]143STC1(Ker)

Advocate for Appellant : Raju Joseph, Spl. Government Pleader

Jawahar Lal Gupta, C.J. 1. Is a Mechanical Pavar Finisher, which is used for spreading the concrete mixed with coal tar on the road, a motor vehicle so as to be exigible to the levy of...

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Feb 27 2006

intelligence Officer Vs. Ray Constructions Ltd.

Court : Kerala

Decided on : Feb-27-2006

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 2(18) and 2(28); Kerala Tax on Entry of Goods into Local Areas Act, 1994 - Sections 2(1) and 3

Reported in : IV(2006)ACC751; 2006(2)KLT80; [2006]147STC438(Ker)

Advocate for Appellant : Raju Joseph, Spl. Government Pleader

K.S. Radhakrishnan, J.1. The short question that arises for consideration in this case is whether an excavator not running on inflated tyres, but on iron chain plates such as a caterpillar vehicle or a military tank...

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Jan 23 2007

Mathew Joseph Vs. Janaki

Court : Kerala

Decided on : Jan-23-2007

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939; Motor Vehicles Act, 1988 - Sections 95, 95(1), 95(2), 146, 147and 147(1)

Reported in : II(2007)ACC140; 2007ACJ912; AIR2007Ker117

Advocate for Appellant : Raju Joseph, Adv.

Ramachandran, J1. This reference has come up before us in terms of the reference order of a Division Bench dated 12-09-2006. The Motor Accidents Claims Tribunal, Thodupuzha had directed award of compensation to the legal representatives...

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Jun 10 2008

Azam Laminators (P) Ltd. Vs. the Secretary to Govt. and anr.

Court : Kerala

Decided on : Jun-10-2008

Subject : Sales Tax/VAT

Acts : Kerala Value Added Tax Act, 2003 - Sections 6, 6(1), 59(4), 94 and 94(2); Central Excise Tariff Act; Customs Tariff Act, 1975; Kerala Finance Act, 2006

Reported in : 2008(2)KLJ572

Advocate for Appellant : Nalini Chidambaram, Sr. Adv.,; Raju Joseph,; Joseph Kodi

J.B. Koshy, J.1. The question to be decided in these cases is whether scented betel/arecanut sold by the appellants is taxable at 4% under Entry No. 2 of the Third schedule to the Kerala Value Added...

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Aug 14 2007

Johny Joseph Vs. State of Kerala

Court : Kerala

Decided on : Aug-14-2007

Subject : Sales Tax/VAT

Acts : Kerala General Sales Tax Act, 1963 - Sections 23(3) and 41; Madhya Pradesh General Sales Tax Act, 1958; Customs Act, 1962; Constitution of India - Articles 141, 366 and 366(29A)

Reported in : (2008)13VST64(Ker)

Advocate for Appellant : Raju Joseph and; Sunil Sankar, Advs.

ORDERH.L. Dattu, C.J.1. This revision petition is filed questioning the legality or otherwise of the orders passed by the Sales Tax Appellate Tribunal in T. A. No. 552 of 2002 dated April 29, 2003. The assessment...

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Jan 20 2005

State of Kerala Vs. Rajmohan Cashew (P) Ltd.

Court : Kerala

Decided on : Jan-20-2005

Subject : CivilService

Acts : Kerala Revenue Recovery Act, 1968 - Sections 3, 5, 6 and 17; Kerala General Sales Tax Act, 1963 - Sections 26B; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 19 and 34; Madhya Pradesh General Sales Tax Act, 1958 - Sections 33C; Companies Act, 1956 - Sections 4A

Reported in : AIR2005Ker141; [2005]127CompCas744(Ker); 2005(2)KLT131; [2005]142STC283(Ker)

Advocate for Appellant : Raju Joseph, Spl. Government Pleader

K.S. Radhakrishnan, J.1. Whether the Debt Recovery Tribunal has got the jurisdiction to determine the preferential claim of the Government of Kerala over the properties mortgaged to the Banking Institutions is the question that has come...

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