Kerala Court August 1976 Judgments
Kundara Factory Workers' Union and Ors. Vs. Lakshmi Starch Limited and ...
Court: Kerala
Decided on: Aug-26-1976
Reported in: (1977)ILLJ452Ker
George Vadakkal, J.1. The workmen seek to quash the arbitration award under Section 10A of the Industrial Disputes Act, 1947, so fas as it concerns the D A. dealt with under issue 1 and the date of implementation of the award fixed under issue 13. and the management impugns the lame award to far as it relates to the annual bonus formula arrived at under issue 3, the decision on special annual bonus to existing beneficiaries under issue 6 and the determination of the question of annual bonus for 1969-70 and 1970-71 under issue 11. The award on issue 4: minimum production standard and production bonus scheme, is under attack by both sides. The earlier petition is by the workmen, and the other by the management. In both petitions the arbitration-award is marked as Ext. PI.2. Under issue 1 the existing DA of 17 paise per point above 400 points of the cost of living index was raised to 20 paise by the majority-award, while the Chairman who formed the minority, as per his award laid that it ...
Tag this Judgment!Gokul Chit Funds and Trades Private Ltd. Vs. Thoundasseri Kochu Ouseph ...
Court: Kerala
Decided on: Aug-25-1976
Reported in: AIR1977Ker68
Balakrishna Eradi, J.1. These are claims brought by the Official Liquidator under Section 446 read with Section 458-A of the Companies Act, 1956 (hereinafter referred to as the Act). The Companies in liquidation in all these oases were engaged in the business of conducting chit funds. The respondents who had joined as subscribers in some of the kuries conducted by these Companies had been allowed to draw the amounts due on prized tickets in some of the chit fund series against promissory notes or mortgage bonds executed by them to secure due payment of the future instalments. Before all the instalments in these kuries had become due or were paid the Companies went into liquidation. In the course of the winding-up proceedings the Official Liquidator has preferred these claims against the respondents for recovery of the balances due from them under the prized chit accounts. The main contention put forward by the respondents is that they are entitled to a set-off in respect of amounts pai...
Tag this Judgment!N.K. Moidinkunhi Vs. K.N. Abdulla
Court: Kerala
Decided on: Aug-24-1976
Reported in: 1977CriLJ665
ORDERS.K. Kader, J.1. Petitioner herein, the de facto complainant in C.C. No. 697 of 1970, on the file of the Judicial Magistrate of the II Class, Kasaragod. seeks to revise an order passed by the Court of Session, Tellicherry, ordering return of the sale proceeds of arecanuts involved in the case to the respondent who was the fifth accused in the case.2. It was the petitioner, the only son of his aged father, who was managing his areca gardens. The petitioner had stocked in his house 17 bags of dried arecanuts with the marks 'NK' on each bag, representing the initials of the petitioner who is N.K. Moideenkunhi, On July 18. 1970, the petitioner had been to Calicut and on his return to his house from Calicut at about 1 p.m. on the next day, he found these 17 bags of arecanuts missing. Immediately, he reported the matter to the local police who registered a case on the basis of his statement, In the course of investigation, on the same day, i.e., on 19-7-1970, 17 bags of arecanuts. each ...
Tag this Judgment!Kunhamina Umma and ors. Vs. Special Tahsildar and ors.
Court: Kerala
Decided on: Aug-18-1976
Reported in: AIR1977Ker41
Chandrasekhara Menon, J. 1. This appeal arises out of a proceedings for apportionment of compensation for land acquired between rival claimants. The appellants are claimants 5 to 9 in L.A.O.P. 43/69 on the file of the Sub Court, Badagara. Two items of properties are involved in the proceedings. These properties are in Nochad village in Qui-landay Taluk. The first item is known as Edathil Porayi Paramba measuring 35 x 30 six feet koles and the other Uppilavulla-thil Paramba measuring 38 x 38 six feet koles. Claimants 1 and 2 are the jenmies and third claimant the intermediary with respect to the properties. The fourth claimant is Melcharthdar with regard to item 2.2. Admittedly one Upathu Umma was the tenant in possession of both the items of the properties. Claimants 5 to 9 who are the wife and children of Soopi one of the sons of Upathu Umma claims that as per two documents executed by Uppa-thu Umma in favour of Soopi on 22-7-1941, they have got exclusive tenancy rights over the acqui...
Tag this Judgment!Prakash Match and Plywood Works and ors. Vs. Assistant Collector of Ce ...
Court: Kerala
Decided on: Aug-10-1976
Reported in: 1979(4)ELT653(Ker)
P Govindan Nair, C.J.1. The question raised by the six petitioners herein, who are all engaged in the business of manufacturing or producing plywood, is whether the goods produced by them, which were admittedly chargeable to the duty of excise, should be classified as falling under Clause (I) of item 16B tothe First Schedule to the Central Excises and Salt Act, 1944 (in short the Act), or whether those foods should be classified under Clause (ii) of item 16B to the First Schedule to the Act. The complaint, briefly stated, is that the goods in question have been classified as falling under both those items, one for the purpose of applying the rate of duty and the other for the purpose of applying the tariff value fixed for the goods. We shall explain this aspect by reference to Section 3(2) and the third column in the First Schedule to the Act, the charging Section 3(1), the power of exemption under Rule 8 of Chapter III of the Central Excise Rules, 1944, dealing with levy and refund of...
Tag this Judgment!Prakash Match and Plywood Works and Ores. Vs. Asstt. Collector of Cent ...
Court: Kerala
Decided on: Aug-10-1976
Reported in: (1977)6CTR(Ker)0146A
Govindan Nair, C.J. - The question raised by the six petitioners herein, who are engaged in the business of manufacturing or producing plywood, is whether the goods produced by them, which were admittedly chargeable to the duty of excise, should be classified as falling under clause (1) of item 16B to the First Schedule to the Central Excise and Salt Act, 1944, (in short the Act) or whether those goods should be classified under clause (ii) of item 16B to the First Schedule to the Act. The complaint, briefly stated, is that the goods in question have been classified as falling under both those items, one for the purpose of applying the rate of duty and the other for the purpose of applying the tariff value fixed for the goods. We shall explain this aspect by reference to S. 3(2) and the third column in the First Schedule to the Act, the charging S. 3(1), the power of exemption under rule 8 of Chapter III of the Central Excise Rules, 1944, dealing with levy and refund of and exemption f...
Tag this Judgment!Balakrishnan, Managing Director, Terelac Furnaces Pvt. Ltd. Vs. Income ...
Court: Kerala
Decided on: Aug-09-1976
Reported in: [1982]134ITR573(Ker)
V. KHALID J. - The main question that arises for consideration and falls for my decision in this case, whether the ITO is a court within the meaning of s. 195(1)(b) of the Cr. PC. Although this was the main question raised before the Chief Judicial Magistrate, Ernakulam, now an additional ground is urged, that the complaint does not disclose any mens rea. No mens rea can be attributed to A-1, a company. It is further submitted that there are no materials in the complaint specifying the individual acts done by the other accused, nor is the group liability section invoked therein.There are in all six accused. First accused is the company. The 2nd accused is the managing director. Accused Nos. 3, 4 and 5 are the directors and A-6 is the secretary. The jurisdiction invoked in this application is the inherent jurisdiction of this court under s. 482, Cr. PC.The facts necessary for the disposal of this petition can be briefly stated as follows: The company filed before the ITO, Bombay, its re...
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