Kerala Court September 1973 Judgments
Kerala State Electricity Board Vs. Illippadical Parvathi Amma
Court: Kerala
Decided on: Sep-27-1973
Reported in: AIR1974Ker202
Gopalan Nambiyar, J.1. This Civil Revision Petition has been referred to the Division Bench, as it raises a question of limitation under Article 137 of the Limitation Act, 1963. In respect of telegraph lines taken by the petitioner, the Kerala State Electricity Board, over the property of the respondent, a sum of Rs. 1708-55 was paid on 30-4-68 as compensation for the damages caused, under Section 10(d) of the Indian Telegraph Act, 1885 read with Section 51 of the Indian Electricity Act. The Respondent applied on 11-6-71 to the District Judge, claiming enhanced compensation. This was under Section 16(3) of the Telegraph Act which provides that any dispute concerning the sufficiency of the compensation to be paid under Section 10(d) shall, on application for that purpose, by either of the disputing parties, to the District Judge within whose jurisdiction the property is situate, be determined by him. Objection was raised that the application having been filed more than three years from ...
Tag this Judgment!K. Narayanan Vs. Kerala State Electricity Board
Court: Kerala
Decided on: Sep-26-1973
Reported in: (1974)IILLJ40Ker
P. Subramonian Poti, J.1. Subsequent to the filing of this original petition, the Kerala State Electricity Board, respondent in the petition, passed Ext. R 6 order on 29-7-1971 reducing the pension of the petitioner and fixing it at Rs. 150 per mensem in exercise of the power under Rule 67, Part III of the Kerala Service Rules, subject to the decision of this Court in this original petition. The complaint of the petitioner in the petition is that though he had retired on 30-9-1970 his pension has not been settled and payments due to him on retirement were also not disbursed. On the passing of Ext. R 6 order the petition is amended seeking to quash that order also. The main challenge in this case is to that order.2. The petitioner was, before Ms retirement, superintendent of stores at Alwave in the service of the Kerala State Electricity Board, It appears that several allegations were made against him as to his misconduct during his term of office relating to the stores under his charge...
Tag this Judgment!R. Jayakumari Amma Vs. the Kerala Public Service Commission and anr.
Court: Kerala
Decided on: Sep-26-1973
Reported in: (1974)IILLJ37Ker
P. Govindan Nair, C.J.1. This appeal from the judgment of Isaac, J., dismissing Original Petition No. 3956 of 1970 raises a question of law, which in the abstract may be stated to be whether the termination of the services of a person appointed to the Government service under Rule 9(a)(i) of the Kerala State and Subordinate Services Rules, 1958, will attract Article 311 of the Constitution. In the judgment under appeal, Isaac J., said that he had held in his own judgment in O.M. Mathew v. Special Tahsildar, Nedumkandorn, reported in (1973) K.L.T. 272, that Article 311 will not be attracted in cases where the appointment was under Rule 9(a)(i) and the termination was of the service under such an appointment. On examination of the judgment in O.M. Mathew v. Special Tahsildar, Nedumkandom reported in (1973) K.L.T. 272, it is clear that the learned Judge has not so held. A passage from paragraph 9 of the judgment is illuminative. We shall extract the whole of that paragraph:There is a real...
Tag this Judgment!The Calicut-wynad Motor Service (P.) Ltd. and ors. Vs. the Kerala Stat ...
Court: Kerala
Decided on: Sep-25-1973
Reported in: AIR1974Ker129
ORDERP. Subramonian Poti, J. 1. The petitioners in both these petitions are stage carriage operators and they challenge the order of the Kerala State Transport Appellate Tribunal directing the Secretary of the State Transport Authority of Kerala to countersign two contract carriage permits issued to respondents 5 and 6 bv the State Transport Authority of Mysore State. The question to be considered in both these petitions are the same. I will refer to the facts arising in and to the parties as arrayed in O. P. 5027 of 1971. 2. On applications made by the 5th and 6th respondents before the 3rd respondent, the Mysore State Transport Authority, they were granted permits to run contract carriages in regard to their vehicles MYA 162 and MYA 3400. The routes on which such contract carriages could be run were specified as Bangalore-Calicut and Bangalore-Cannanore respectively. These primary permits granted bv the 3rd respondent were subject to the counter-signature bv the State Transport Autho...
Tag this Judgment!K.C. Thankappan Pillai Vs. State of Kerala and ors.
Court: Kerala
Decided on: Sep-25-1973
Reported in: (1974)IILLJ30Ker
V.P. Gopalan Nambiyar, J.1. The petitioner, an advocate of Quilon, seeks to quash the appointment of the 3rd respondent as Government Pleader and Public Prosecutor of that District, and has prayed for incidental and consequential reliefs. The appointment of Government Pleaders and Public Prosecutors in the Districts of this State, according to the petitioner, has to be made in conformity with certain rules framed for the purpose, from among persons to be nominated by the Collector in consultation with the District Judge of the District concerned. It is the petitioner's case that after such consultation, the District Collector had nominated only two persons, of whom the petitioner was the first ; that the 3rd respondent, who had not been nominated, sent a letter of willingness to be considered for the post to the Minister of Law, which was forwarded to the Collector, who still stood by his nomination ; whereupon, he was asked to submit a panel of five names ; which he did, including tha...
Tag this Judgment!Kallianikutty Amma Vs. the State of Kerala
Court: Kerala
Decided on: Sep-20-1973
Reported in: AIR1974Ker171
ORDERK. Bhaskaran, J.1. This is a revision by the petitioner in I. A. Nos. 4299 and 4300 of 1970 in L. A. No. 42 of 1967 on the file of the Subordinate Judge's Court, Ernakulam. I A. No. 4299 of 1970 was one for condoning the delay in filing I. A. No. 430C of 1970 which is a petition for restoration of L. A. No. 42 of 1967 which was dismissed for default on 22-6-1970.2. The court below dismissed both the petitions; hence this revision. The learned Counsel for the revision petitioner submits that L. A. No. 42 of 1967 was one of the many land acquisition reference cases arising out of acquisition of land for the Cochin Division of F. A. C. T., awaiting enquiry, and that the petitioner as well as her agent were under the bona fide belief that this case would come for evidence and enquiry along with the other reference cases only. In fact, it is averred, a petition was filed by petitnoner's counsel for trial of L. A. No. 42 of 1967 along with L. A. No. 41 of 1967 in which he was appearing....
Tag this Judgment!Additional Commissioner of Income-tax Vs. K.S.G. Panicker, Kerala Prod ...
Court: Kerala
Decided on: Sep-20-1973
Reported in: [1974]97ITR525(Ker)
Govindan Nair, C.J. 1. The Income-tax Appellate Tribunal, Cochin Bench, has referred the following three questions for our decision : '(i) Whether, on the facts and in the circumstances of the case, the order of penalty passed by the Income-tax Officer dated March 19, 1969, in pursuance of the directions contained in the order of the Income-tax Appellate Tribunal in I. T. A. No. 9202 of 1966-67, dated December 7, 1968, is time-barred (ii) Whether, on the facts and in the circumstances of the case, the assessee is estopped from contending that the order of penalty passed by the Income-tax Officer in pursuance of the directions contained in the order of the Income-tax Appellate Tribunal in I. T. A. No. 9202 of 1966-67, dated December 7, 1968, is illegal and void by not challenging the said decision of the Tribunal by applying for a reference therefrom under Section 256(1) of the Income-tax Act, 1961 ? (iii) Whether, on the facts and in the circumstances of the case, the acceptance of th...
Tag this Judgment!Commissioner of Income-tax Vs. Cochin-malabar Estates Ltd.
Court: Kerala
Decided on: Sep-19-1973
Reported in: [1974]97ITR466(Ker)
Govindan Nair, C.J. 1. These references relate to the assessments to income-tax for the three years 1964-65, 1965-66 and 1966-67 of the same assessee. The question is whether the assessee is liable for interest as provided by Section 215(1) of the Income-tax Act, 1961, for short, 'the Act'. The Income-tax Officer did not charge interest under the section. His orders which are annexures 'A', ' A-1' and 'A-2' to the paper book are absolutely silent in this regard. The Commissioner of Income-tax purporting to act suo motu under Section 263 of the Act took the view that this was clearly due to oversight and inadvertence to Section 215 of the Act. He, therefore, set aside the assessment orders, annexures 'A', 'A-1' and 'A-2' to the extent those orders impliedly failed to charge interest under Section 215 of the Act. The arguments that were advanced before the Commissioner by counsel for the assessee to establish that no interest was chargeable in view of Rule 40(1) of the Income-tax Rules, ...
Tag this Judgment!Workmen of Blundell Eomite Paints Limited (CochIn Division) Vs. Blunde ...
Court: Kerala
Decided on: Sep-07-1973
Reported in: (1975)ILLJ463Ker
V.P. Gopalan Nambiyar, J.1. This appeal is directed against the decision of a learned Judge of this Court in two writ petitions disposed of by a common judgment, namely, O.P. No. 2710 and 3660 of 1970 reported in 1971 Lab. I.C. 1320 (Ker.). The writ petitions were directed against the award of the Industrial Tribunal, Calicut. Two industrial disputes were referred for adjudication by the Tribunal, I.D. No. 14 of 1967. and I.D. No. 39 of 1967. I.D. No. 14 of 1967 was in respect of the withholding of increment to one Venkatraman, an employee under the respondent-company, namely, M/s. BlundellEomite Paints Ltd., I.D. No. 39 of 1967 with which we are intimately concerned in these appeals, was in respect of the termination of service by retrenchment of certain workers of the company. In respect of the affair relating to Venkatraman, and of certain demands raised by the union of workers, conciliation proceedings were attempted to be started and the conciliation office had issued notice to th...
Tag this Judgment!Workmen of Blundell Eomite Paints Ltd. (CochIn Division) Vs. Blundell ...
Court: Kerala
Decided on: Sep-07-1973
Reported in: (1974)IILLJ23Ker
V.P. Gopalan Nambiyar, J.1. This appeal is directed against the decision of a learned Judge of this Court in two writ petitions disposed of by a common judgment, namely, O.P. No. 2710 and 3660 of 1970. The writ petitions were directed against the award of the Industrial Tribunal, Calicut. Two industrial disputes were referred for adjudication by the Tribunal, I.D. No. 14 of 1967, and I.D. No. 39 of 1967. I.D. No. 14 of 1967 was in respect of the withholding of increment to one Venkatraman, an employee under the respondent-company, namely, M/s. Blundell Eomite Paints Ltd. I.D. No. 39 of 1967 with which we are intimately concerned in these appeals was in respect of the termination of service by retrenchment of certain workers of the company. In respect of the affair relating to Venkatraman, and of certain demands raised by the union of workers, conciliation proceedings were attempted to be started and the conciliation officer had issued notice to the management on 14 11-1966. On 25-11-19...
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