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Kerala Court April 1965 Judgments

Apr 20 1965

K.K. Aboo Vs. Union of India (Uoi) and ors.

Court: Kerala

Decided on: Apr-20-1965

Reported in: AIR1965Ker229

ORDERM. Madhavan Nair, J.1. Consequent on the resignation of the ministry that caused a breakdown of the constitutional Government in the State of Kerala, the President dissolved the Legislative Assembly and assumed the executive powers of the State to himself by a Proclamation dated September 10, 1964, which was approved by the Parliament by a resolution on September 30, 1964. A general election was held, thereafter, in February/March 1965, for the purpose of constituting a new Legislative Assembly in the State; and the names of members elected for the various Constituencies were notified under Section 73 of the Representation of the People Act, 1951, in the Kerala Gazette, Extraordinary, No. 41 dated March 17, 1965. 133 members were declared elected, inclusive of the petitioner returned by Kuthupararnba Constituency; but no party was able to secure a working majority of seats in the Legislature. The Patty position among the elected representatives was thus :Communist Party of India(M...

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Apr 02 1965

Official Liquidator, Palai Central Bank Ltd. (In Liquidation), Ernakul ...

Court: Kerala

Decided on: Apr-02-1965

Reported in: AIR1966Ker121

ORDERP.T. Raman Nayar, J.1. By this application, brought under Section 543 of the Companies Act read with Section 45H of the Banking Companies Act, the Official Liquidator of the Patal Central Bank Ltd. seeks to recover about Rs. 250 lakhs from the ten respondents, former directors and officers of the banking company.2. The company was incorporated in 1927; on the 5th of December 1960 if was ordered to be wound up on an application made by the Reserve Bank of India on the 8th August 1960 (on which very day a provisional liquidator was appointed) under Section 88(3) (b) (iii) of the Banking Companies Act; and it was on the 4th April 1963, that the liquidator Instituted the present application. The company is an insolvent company. Its paid up capital amounts to nearly Rs. 25 lakhs; its outside liabilities to about Rs. 1007.50 lakhs; the realisations up to date to a little over Rs. 700 lakhs; future realisations are estimated at about Rs. 40 lakhs; and so, allowing for the expenses of the...

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Apr 02 1965

Commissioner of Gift Tax, Kerala, Ernakulam Vs. Dr. George Kuruvilla, ...

Court: Kerala

Decided on: Apr-02-1965

Reported in: AIR1965Ker294; [1970]77ITR749(Ker)

Gopalan Nambiar, J.1. Under Section 26(1) of the Gift Tax Act, 18 of 1958, the Income-tax Appellate Tribunal, Madras Branch has stated the case and referred the following question of law for our decision:'Whether on the facts and in the circumstances of the case, the assessee was entitled to the exemption in respect of G. K. Hospital and the adjoining land' of 1.38 cents under Section 5(1)(xiv) of the Gift Tax Act?'2. The facts and circumstances of the case on which the above question of law falls to be answered by us are those: The assessee Dr. George Kuruvilla is a practising doctor. By a deed of settlement dated 3rd February, 1960, he gifted some of his properties. Among these, the two items, with which we are concerned, were given away to one of the sons, Thomas Kuruvilla aged 24 years. The donee Thomas Kuruvilla passed his M. B. B. S. examination in December 1959 and joined ins father's profession in July 1980.3. Section 5(1) of the Gift Tax Act, on the basis of which the question...

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