Kerala Court April 1978 Judgments
K. Ramachandran Nair and ors. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Apr-28-1978
Reported in: (1979)ILLJ56Ker
Kochu Thommen, J.1. The learned Additional Advocate General takes notice for the respondents.2. The petitioners are teachers of colleges affiliated to the Universities of Kerala and Calicut. They challenge the validity of the University Laws (Amendment) Ordinance, 1978 (Ordinance No. 12 of 1978) promulgated by the Governor of Kerala to amend the Kerala University Act, 1974, and the Calicut University Act, 1975. Section 3 of the Ordinance has inserted Sub-sections (9A) and (9B) of Section 7 and Section (80A) in the Kerala University Act. Likewise Section 4 of the Ordinance has inserted Sub-section (9A) and (9B) of Section 7 and Section 79A in the Calicut University Act. By these amendments it is specifically provided that the work in connection with an examination conducted by the University is part of the official duty of a teacher, on a member of the non-teaching staff, of an affiliated college, or an officer, teacher or other employee of the University.3. Shri C.K. Sivasankara Panick...
Tag this Judgment!R. Madhavankutty Nair and ors. Vs. the Postmaster, Head Post Office, Q ...
Court: Kerala
Decided on: Apr-07-1978
Reported in: AIR1979Ker6; [1978(37)FLR395]; (1979)ILLJ48Ker
Balakrishna Eradi, J.1. The common question of law raised in these cases is whether the mere fact that while terminating the service of a temporary Government servant governed by the Central Civil Services (Temporary Service) Rules in exercise of the power conferred under Rule 5 (1) of those Rules some of his juniors are retained in service, would render such action taken against the temporary servant violative of Articles 14 and 16 of the Constitution of India. In Thankappan v. Sub Divisional Officer, Telegraphs, Trichur, 1977 Ker LT 362, a Full Bench consisting of three Judges of this court has expressed the view that the retention of a junior in service while terminating the service of a senior temporary employee under Rule 5 (1) would in normal circumstances amount to discriminatory treatment and when such action is challenged before court on the ground of violation of Article 16 of the Constitution the said plea based on arbitrary discrimination will have to be upheld unless some ...
Tag this Judgment!John Guruprakasam Vs. Yovel Nesan and ors.
Court: Kerala
Decided on: Apr-07-1978
Reported in: AIR1979Ker96
Kumari P. Janaki Amma, J.1. The question involved in this appeal is whether the suit brought by the appellant for a declaration of the validity and genuineness of a will is hit by either Section 213 of the Indian Succession Act or the proviso to Section 34 of the Specific Belief Act, 1963.2. The facts of the case are as follows : Deceased Yovan Samuel was the brother of the plaintiff-appellant. He is stated to have executed Ext, P2, a will dated 23-6-1958, registered as Will No. 9 of 1958. Yovan Samuel died on 31-5-1959 about a year after the execution of Ext. P2 will. The appellant was granted probate by the District Court, Trivandrum in Probate Case. No. 2 of 1960. No notice had been given to the. defendant-respondent who is admittedly a nephew of the deceased being the son of a deceased brother. On a caveat being presented by the defendant, the probate was revoked with liberty to initiate fresh proceedings. The plaintiff did not file any fresh application for probate but instituted ...
Tag this Judgment!Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Vs. M ...
Court: Kerala
Decided on: Apr-07-1978
Reported in: [1980]46STC79(Ker)
V.P. Gopalan Nambiyar, C.J.1. These revisions raise certain common questions and may be dealt with and disposed of together. In the first batch of eight revisions, viz., T. R. C. Nos. 4, 7, 11, 12, 13, 14, 15 and 24 of 1977, the only question that is debated is the assessability to sales tax of the turnover on containers, viz., bottles, in which the liquor was sold. In the second batch of three cases, viz., T. R. C. Nos. 25, 27 and 28 of 1977, in addition to the question in the first batch of revisions, one other question also arises, viz., whether the Appellate Tribunal was justified in affording to the assessee an opportunity of producing the C forms and claiming the benefit of concessional assessment under the Central Sales Tax Act. In the third and last batch of seven cases, i. e,, T. R. C. Nos. 55 to 59, 62 and 104 of 1977, in addition to the point as to the assessability of the turnover of containers, a further point arises as to whether the insurance charges in respect of the go...
Tag this Judgment!Susan Thomas Vs. Govt. of Kerala and ors.
Court: Kerala
Decided on: Apr-06-1978
Reported in: AIR1978Ker199
Gopalan Nambiyar, C.J. 1. These three writ petitions attack the validity of the reservations in favour of the Malabar area of this State for the purpose of admission to educational institutions, and, with particular reference to these O. Ps., to the medical colleges of the State. The validity of the said provision was recently examined by a Full Bench of five Judges of this Court in W. A. Nos. 309 and 312 of 1977 (reported in AIR 1978 Ker 176) and the reservation in respect of the Malabar area was upheld as a valid and permissible geographical classification based on historical reasons under Article 14 of the Constitution. It was pointed out in that judgment that the writ petitions which were dealt with in the appeals had wrongly attacked the reservations on the basis of Article 15(4) of the Constitution, and that judgment of the learned Judge also appeared to have proceeded on that basis. However, the Full Bench did not preclude the appellants from urging their attack against the rese...
Tag this Judgment!C.N. Savankutty Vs. State of Kerala
Court: Kerala
Decided on: Apr-06-1978
Reported in: [1978]42STC204(Ker)
V.P. Gopalan Nambiyar, C.J.1. The assessee was a partner of a firm by name Chenglan's New Stores. For the assessment year 1960-61 it filed a return disclosing a turnover of Rs. 2,27,112. Its accounts were rejected and the firm was assessed on a turnover of Rs. 4,62,250. In O. P. No. 86 of 1962, this court set aside the assessment order and remanded the proceedings back to the officer. A fresh notice was issued on 6th January, 1964, to which a reply was sent on 31st January, 1964. There were other notices which were issued by the department, which it is unnecessary to notice. It is enough to state that the firm was dissolved on 22nd August, 1962 and that the assessment was completed on 30th June, 1972. On these facts, the only contention that now survives for examination before us in this revision is whether the assessment completed on 30th June, 1972, was valid and proper.2. Counsel for the assessee contended that under the General Sales Tax Act, 1125, by which the proceedings for asse...
Tag this Judgment!Tirur Medical Stores Vs. State of Kerala
Court: Kerala
Decided on: Apr-03-1978
Reported in: [1978]42STC118(Ker)
T. Kochu Thommen, J.1. The petitioner in this tax revision case is an assessee under the Kerala General Sales Tax Act, 1963 (the 'Act'). The tax relates to the year 1968-69. The question raised by the assessee is whether the Appellate Tribunal was right in holding that the revised assessment dated 23rd November, 1973, made under Section 19 of the Act was not time-barred.2. The original assessment under Section 17 was made on 30th April, 1970. Subsequently, notices dated 15th February, 1973 and 6th March, 1973, were issued to the assessee in terms of Section 19. The assessee filed its objections on 20th March, 1973. Rejecting the objections, a revised order of assessment in respect of the escaped turnover for the year 1968-69 was made by the Sales Tax Officer on 21st March, 1973. This order was challenged by the assessee before the Appellate Assistant Commissioner who by his order dated 29th May, 1973, held that the assessee was not accorded a proper opportunity of being heard. The orde...
Tag this Judgment!Tirur Medical Stores Vs. State of KeralA.
Court: Kerala
Decided on: Apr-03-1978
Reported in: (1978)6CTR(Ker)254
T. Kochu Thommen, J. - The petitioner in this Tax Revision Case is an assessee under the Kerala General Sales-tax Act, 1963 (the Act). The tax relates to the year 1968-69. The question raised by the assessee is whether the Appellate Tribunal was right in holding that the revised assessment dated 23-11-1973, made under S. 19 of the Act was not time-barred.2. The original assessment under S. 17 was made on 30-4-1970. Subsequently notices dated 15-2-1973 and 6-3-1973 were issued to the assessee in terms of S. 19. The assessee filed its objections on 20-3-1973. Rejecting the objections, a revised order of assessment, in respect of the escaped turnover for the year 1968-69, was made by the Sales-tax Officer on 21-3-1973. This order was challenged by the assessee before the Appellate Assistant Commissioner who by his order dated 29-5-1973 held that the assessee was not accorded a proper opportunity of being heard. The order challenged was accordingly set aside and the Sales-tax Officer was d...
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