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Kerala Court January 1976 Judgments

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Jan 05 1976

Gopinathan Nair Vs. University of Kerala and ors.

Court: Kerala

Decided on: Jan-05-1976

Reported in: AIR1977Ker22

Balakrishna Eradi, J.1. The peti-tioner who is working as a Second Grade Professor in Mathematics in a private college affiliated to the Kerala University has brought this writ petition challenging the action taken by the Syndicate of the Kerala University as per its resolution passed at the meeting held On 31-8-1972 to grant to the fourth respondent exemption from the minimum qualifications to hold the post of Grade I Professor in Mathematics in the N. S. S. Hindu College, Changanacherry as per Regulation 5 of the Regulations in view of her 'tested teaching experience and record of service as Professor Grade II'. By the said resolution the Syndicate also granted approval to the appointment of the fourth respondent as Grade I Professor in Mathematics with effect from 8-8-1972, Ext P-2 is the order issued by the Registrar of the University incor-poratmg the aforesaid decision taken by the Syndicate. The petitioner contends that there was no provision in the Kerala University Act, 1969 c...


Jan 05 1976

Commissioner of Income-tax Vs. Malayalam Plantations Ltd.

Court: Kerala

Decided on: Jan-05-1976

Reported in: [1976]103ITR835(Ker)

Subramonian Poti, J.1. The question referred to this court under Section 256(1) of the Income-tax Act, 1961, by the Income-tax Appellate Tribunal, Cochin Bench, is :' Whether, on the facts and, circumstances of the case, the Tribunal was right in holding that in order to be entitled to claim development allowance provided in Section 33A of the Income-tax Act, 1961, it is not mandatory, within the meaning of Rule 8A(d) of the Income-tax Rules, 1962, that the assesses should furnish to the Income-tax Officer the certificate from the Tea Board in Form No. 5 along with its return of income itself for the year for which the allowance is claimed '2. This question arises on the following facts. The reference relates to the assessment for the year 1967-68. The assessee is a plantation company owning tea, coffee and rubber plantations in the States of Tamil Nadu and Kerala. The claim for development allowance was made for the assessment year under Section 33A of the Income-tax Act, 1961 (herein...


Jan 01 1976

K.J. Sahadevan Vs. State of Kerala

Court: Kerala

Decided on: Jan-01-1976

Reported in: 1977CriLJ637

V. Balakrishna Eradi, J.1. The petitioners in these Criminal Miscellaneous Petitions are employees of certain co-operative societies. They are figuring as accused in certain cases now pending trial before the Special Judge, Trivandrum wherein the petitioners stand charged for offences under Section 5(1)(c) and (d) read with Section 5(2) of the Prevention of Corruption Act and Section 408 I.P.C. The petitioner in Criminal M.P. 1001 of 1975 is also facing a charge under Section 409 I.P.C (before the Special Judge When those cases were taken up for trial by the Special Judge a preliminary objection was raised on behalf of these accused that they are not public servants liable to be proceeded against either under Section 5 of the Prevention of Corruption Act or under Section 409 IRC. and that hence the Court of the Special Judge has no jurisdiction to try the cases. By separate but similar orders the learned Special Judge overruled the said contention and held that he has jurisdiction to p...


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