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Kerala Court February 1978 Judgments

Feb 10 1978

Malabar Public Conveyance Vs. State Arbitration Board and ors.

Court: Kerala

Decided on: Feb-10-1978

Reported in: (1978)IILLJ312Ker

T. Chandrasekhara Menon, J.1. The petitioner a firm registered under the Partnership Act engaged in motor transport industry seeks to quash the award of the State Arbitration Board, by which it had been directed to reinstate the third respondent, Lakshmanan, in the service of the management ; the Board had further directed that as a punishment for disobedience of instructions of the management he will not be eligible for backwages from the date of his dismissal upto the date of publication of the award. The reference to the Board was under Section 10A of the Industrial Disputes Act (for short the Act), It would appear that there was a domestic enquiry into the matter and it was on the basis of the finding in the domestic enquiry that the third respondent was sent out of service.2. The case against him was that while the 3rd respondent was a conductor in the petitioner's service, he was on duty in the petitioner's vehicle KLC 2108 conducting service on the route Tellicherry to Badagara....

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Feb 09 1978

P. A. Mohammed Abdul Khader and Co. Vs. Commissioner of Income-tax and ...

Court: Kerala

Decided on: Feb-09-1978

Reported in: [1978]112ITR552(Ker)

N. D. P. NAMBOODIRIPAD J. - A proceeding under the Income-tax Act, 1961 (briefly 'the Act'), has led to this application under article 226 of the Constitution.The facts are not seriously disputed. The petitioner is an assessee on the file of the Income-tax Officer, A Ward, Palghat, and for the assessment year 1966-67, he was assessed to income-tax by exhibit P-1 order dated March 26, 1977. The tax determined was Rs. 82,650, to which there is advance payment under section 140A to the tune of Rs. 77,048. But while pronouncing the order or assessment the Income-tax Officer also levied what is called penal interest under section 217 and section 139(8) of the Act, the petitioner filed a petition before the first respondent, who is the Commissioner of Income-tax, Kerala II, on the basis of section 273A of the Act. That petition was dismissed by exhibit P-3 order dated July 25, 1977. It is the validity of exhibit P-3 order that is challenged in this petition.To appreciate the contentions of t...

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Feb 08 1978

T. Subramanya Bhatta Vs. A. Krishna Bhatta

Court: Kerala

Decided on: Feb-08-1978

Reported in: AIR1978Ker111

V.P. Gopalan Nambiyar, C.J.1. This is a plaintiff's appeal against the dismissal of his suit for damages for malicious prosecution. The plaintiff and defendant owned adjacent properties at Aramanadka in Karadka village, Kasaragod Taluk. Some of the plaintiff's properties were in possession of the defendant's father Shankara Narayana Bhatta on arwar (usufructuary mortgage) right. In O.S. No. 300 of 1949 of the Munsiffs Court, Kasaragod the plaintiff had obtained a decree for redemption of the arwar. Exts. A57 and A58 are certified copies of the plaint and written statement. O. S. No. 484 of 1949 was by the defendant's brother against his father (1st defendant) and the present plaintiff (2nd defendant). Ext. A59 is the plaint and Exts. A60 & A6l are the written statements therein. Ext. B12 is the certified copy of the judgment in A S, No. 286 of 1957, Sub-Court, Kasaragod, against the judgment in the said suit O. S. 484 of 1949, and the order in R.I.A, 1091 of 1963 moved by the defendant...

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