Kerala Court April 1972 Judgments
S.R.S. Mony Vs. Life Insurance Corporation of India and ors.
Court: Kerala
Decided on: Apr-13-1972
Reported in: (1972)IILLJ546Ker
P. Subramonian Poti, J.1. These are petitions by employees of the Life Insurance Corporation of India. In these petitions challenge is made to a notice issued under Section 9A of the Industrial Disputes Act, 1947 proposing change of conditions of service pursuant to a settlement reached between the Life Insurance Corporation and some employees of the trade unions representing certain classes of Corporation. The petitioner in O.P. No. 463 of 1972 (which petition I shall treat as the main petition for the purpose of this judgment) is a higher grade assistant in the Divisional Office at Trivandrum of the Life Insurance Corporation of India (hereinafter referred to as the Corporation). Petitioners in the other two petitions are in the cadre of assistants excepting the 5th petitioner in O.P. No. 6103 of 1971 who is a stenographer. The complaint in these petitions is about the change of service conditions effected by the Corporation which, according to the petitioners, has affected them prej...
Tag this Judgment!K.P. Devassay Vs. Anthony
Court: Kerala
Decided on: Apr-07-1972
Reported in: AIR1973Ker24
Narayana Pillai, J.1. Revision sought for here is of an order passed in execution in a small cause suit holding that the defendants are not entitled to the benefits of the Kerala Agriculturists' Debt Relief Act, 11 of 1970, for short the Act. The decree was obtained for pumping charges due to plaintiff for bailing out water from certain paddy fields. Under the contract between the parties, the plaintiff had to make the fields fit for sowing seeds before the 15th of Makarom and in any event not later than the 20th of Makarom. If the work was completed only after the 20th of Makarom, it was open to the defendants either to raise cultivations or not to do so. If they raised cultivations, they had to pay the plaintiff the charges for bailing out water. The fields were made ready for cultivation by the plaintiff only after the 20th of Makarom and the defendants raised cultivations on them. It was then that the suit was filed and decree obtained. The application of the defendants filed in ex...
Tag this Judgment!Thomas Vs. George and anr.
Court: Kerala
Decided on: Apr-07-1972
Reported in: AIR1973Ker94
N.D.P. Namboodripad, J. 1. Against the dismissal of his suit by the lower appellate court the plaintiff has come in appeal.2. The appellant sued the respondents for recovery of the value of timber and allied reliefs. On 6-5-1962 the plaintiff who was the partner of a firm by name 'Pulikal Saw Mill' sold to the first defendant a Kadumkozhu log for Rs. 84/-. The plaintiff's case is that the first defendant surreptitiously removed another log belonging to the category called Mylellu and much more costly than the timber actually sold on 6-5-1962. The plaintiff set the criminal law in motion against the first defendant without success. The suit was therefore laid for recovery of the value of Mylellu log and for certain ancillary reliefs. The first defendant resisted the suit on various grounds while the second defendant contended that he is an unnecessary party to the litigation. The trial court gave a decree to the plaintiff for Rupees 91/- with interest at 6 per cent from 7-5-1962. On app...
Tag this Judgment!M.K. Mohammad Kunhi Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Apr-07-1972
Reported in: [1973]92ITR341(Ker)
Raghavan, C.J. 1. The two questions referred to us in these cases are :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in not following the finding of the Madras Bench of the Tribunal in its earlier order dated June 27, 1966, in I.T.As. Nos. 383 & 384 of 1964-65 that the assessee was not estopped from contending that the investments were made by his father and (2) Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the investments represent the income of the assessee from undisclosed sources for the assessment years 1954-55 and 1955-56?' 2. The father of the assessee died leaving an estate to be assessed under the Estate Duty Act. Some investments in the name of the assessee were claimed in those proceedings as investments made by the assessee with his funds and not investments made by the father with the father's funds. And this was accepted by the revenue in those proceedings. Thereafte...
Tag this Judgment!O.M. Mathew Vs. the Special Tahasildar, L.A. No. 1 and anr.
Court: Kerala
Decided on: Apr-05-1972
Reported in: (1973)ILLJ612Ker
M.U. Isaac, J.1. The petitioner was a village assistant, appointed temporarily as per proceedings, Ext. P2 dated 23-8-67 of the District Collector, Kottayam under Rule 9(a)(1) of the Kerala State and Subordinate Services Rules, 1958. His services were terminated by the first respondent, the Special Tahsildar, Nedumgandain with effect from 23-2-1970, as per his letter, Ext. PI dated 23-2-1970. The petitioner contends that Ext. PI is really a dismissal from service, and that it is violative of the protection available under Article 311 of the Constitution. He has, therefore, filed this writ petition to quash Ext. PI and for incidental reliefs,2. The circumstances under which the petitioner's services were terminated are clear from the counter-affidavit of the first respondent and the reply affidavit of the petitioner. The period of appointment of the petitioner and other temporarily appointed village assistants was extended from time to time by the Government with the concurrence of the ...
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