Kerala Court January 1982 Judgments
State of Kerala Vs. Kuttappan
Court: Kerala
Decided on: Jan-28-1982
Reported in: 1982CriLJ1702
S.K. KADER, J.1. Kuttappan, a carpenter, aged 30, was tried by the Court of Session, Ernakulam, for offences punishable under Sections 302, 324 and 323, I.P.C.' on a charge that he intentionally caused the death of Asha, his two-year-old female child, by holding it by its legs and violently striking its head against floor and voluntarily caused hurt to Karthiayani, his wife (PW 1), by beating her with hand and with a wooden plank (M.O. 1). The incident happened inside the western room of the house where Kuttappan was residing with his wife Karthiayani, son Aji aged 7 and Asha aged 2 and was at about 2 a.m. on the night between April 7 and 8, 1979. On the conclusion of the trial, the First Addl. Sessions Judge accepted the prosecution evidence as reliable and found that 'the prosecution has proved the case that the accused caught hold of the legs of the sleeping child Asha and struck her violently against the floor and that as a result of the injuries sustained the child died the next d...
Tag this Judgment!Yogesh Shantilal Choksi Vs. Home Secretary, Govt. of Kerala and anr.
Court: Kerala
Decided on: Jan-25-1982
Reported in: 1983CriLJ393
ORDERT. Chandrasekhara Menon, J.1. The petitioner who is a resident of Bombay City seeks in this writ petition to quash the order of detention passed against him by the State of Kerala, the 2nd respondent herein (the 1st respondent being the Home Secretary, Government of Kerala) under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on 29th April, 1980, with a further and consequential prayer to prohibit the two respondents from executing the said order. The petitioner is working in his father's concern M/s. Shantilal Kalidas Chokshi & Co., Gold and Silver Merchants, at Bombay.2. Petitioner's case:2nd November, 1979, the petitioner had been to Kolhapur to a firm by name Rathod Arts at Kolhapur. From there, at the suggestion of the said Rathod, for disposal of 120 kgs. of silver ornaments which he had taken from Bombay for sale, the petitioner proceeded to Bhatkal by car. He was not successful in selling the ornaments there. From B...
Tag this Judgment!Vincent Panikulangara Vs. Gopala Kurup
Court: Kerala
Decided on: Jan-25-1982
Reported in: 1982CriLJ2094
P. Subramonian Poti, Actg. C.J.1. This petition under the Contempt of Courts Act 1971 is moved by three advocates of this Court after obtaining the consent of the Advocate General under-S. 15 of the Act. The respondent: Sri. Eravankara Gopala Kurup is a member of the Syndicate of the University of Kerala and also the Convener of the Syndicate Standing Committee for Examinations, University of Kerala. Based on the news reports which had wide publicity the petitioners sought to rely also on the fact, a fact not averred in the petition, that the respondent Sri Kurup was the president of the Non-teaching Gazetted Officers' Association in the University, some members of which were said to be involved in the criminal cases registered as a result of police investigation consequent on the decision of this Court on a batch of petitions relating to admissions to Medical Colleges. We do not think it necessary to call upon the petitioners to file an affidavit as to this fact only because it was ad...
Tag this Judgment!Santha S. Shenoy, Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Jan-22-1982
Reported in: (1982)29CTR(Ker)127; [1982]135ITR39(Ker)
Subramonian Poti, Actg. C.J.1. These cases were heard together since common questions arise in all these cases. The facts of W. A. No. 81 of 1980 are a little different from the facts in the other cases. The facts in all other cases are similar. Therefore, we will refer to the facts in W.A. No. 81 of 1980 and also the facts in W. A. No. 30 of 1980, the latter being representative of the other cases also.2. The petitioner in O.P. No. 3799 of 1977 [A. Sethumadhavan v. CIT : [1980]122ITR587(Ker) ], the judgment in which is under appeal in W.A. No, 81 of 1980, is an assessee under the I.T. Act, 1961. The order, Ex. P-4 dated August 5, 1977, passed by the Commissioner of Income-tax under Section 264 of the I.T. Act, 1961, is impugned by the petitioner in that petition. By the said order the Commissioner rejected the petitioner's claim for interest under Section 214 of the Act on the ground that the instalment of advance tax payable by the petitioner on or before 15th March of the relevant f...
Tag this Judgment!Mohammad Dwara Rawther Ismail Vs. State of Kerala
Court: Kerala
Decided on: Jan-22-1982
Reported in: 1982CriLJ2102
K. Bhaskaran, J. 1. Sri Mohammed Dwara Rawther Ismail, the accused in Sessions Case No. 35 of 1981, on the file of the Sessions Court, Trivandrum, is the appellant in this criminal appeal. He was prosecuted for offences punishable under Ss 302 and 201 of the I. P. C alleging that he had committed murder in respect of his wife Safia between 9 p. m. and 10.30 p. m. on 17-9-1930 from the house in which they resided in Kilimanoor, and that he attempted to destroy the evidence concerning the offence. The trial court found him guilty under Sections 302 and 201 I.P.C. convicted him thereunder and sentenced him to undergo imprisonment for life under Section 302 I.P.C. and rigorous imprisonment for one year under Section 201 I.P.C. the sentences to run concurrently. Aggrieved by this conviction and sentence this appeal has been preferred.2. The prosecution case was that the accused and Safia, whom he had married on 23-7-1978, were living in a house in Kilimanoor with their son Feroz who was age...
Tag this Judgment!T.C.C. Thozhilali Union Vs. T.C.C. Ltd.
Court: Kerala
Decided on: Jan-20-1982
Reported in: (1982)ILLJ425Ker
Vadakkel, J.1. The T.C.C. Thozhilali Union (hereinafter, the Union) is a trade union registered under the Trade Union Act, 1926. Some of the workers of the Travancore Cochin Chemicals Ltd. (for brevity, the company) are members of this union. According to the company this union and another union together represent only 5.8% of the total number of the company's workers or less. As averred by the union in its plaint 'sufficient' number of the company's workers are members of this union. On 4th January, 1978, the company, and its workers represented by 6 unions arrived at a settlement of their then existing differences and drew up Ext. B-1 memorandum of settlement. The union is one of the parties to the settlement.2. Section II Clause (5) of Ext. B-1 settlement, inter alia, provides that the defendant-company has recognised all the six unions who are parties the settlement as the collective bargaining agent of the workmen employed in the company. The said clause also says that the recogni...
Tag this Judgment!Be Be Rubber Estate Ltd. Vs. Inspecting Assistant Commissioner (Specia ...
Court: Kerala
Decided on: Jan-18-1982
Reported in: [1982]136ITR675(Ker)
Kochu Thommen, J. 1. The petitioner-company is an assessee under the Kerala Agrl. I.T. Act, 1950, It was assessed for the assessment year 1972-73 by Ex. P-1 (in O. P. No. 1299/78) and for the assessment year 1974-75 by Ex. P-2 (in O.P. No. 3369/80). These orders are not challenged in these proceedings as appeals against them are pending. What is challenged here is the notification, G.O. MS. No. 806/Rev./61 dated August 30, 1961 (produced as Ex. P-5 in O.P. No. 3369/80 and as Ex. P-2 in O.P. No, 1299/78). It is by virtue of this notification that the 1st respondent, the I AC (Special), Kottayam, assumed power to make an assessment upon the assessee. The assessee was assessed for the year 1972-73 under Section 35 pursuant to a notice issued on March 16, 1977. For the year 1974-75, the assessment was made under Section 18 pursuant to a notice dated November 5, 1979, issued under Section 17. The complaint of the assessee is that the 1st respondent was not competent to make the assessment, ...
Tag this Judgment!Western India Plywoods Ltd. Vs. Industrial Tribunal and ors.
Court: Kerala
Decided on: Jan-15-1982
Reported in: 1982(II)KLT113
U.L. Bhat, J.1. The two writ petitions arise out of the same industrial dispute, I.D. No. 50 of 1976 of the Industrial Tribunal. Calicut. O.P. No. 2017 of 1980 is filed by the employer for a writ of certiorari to quash Ext. P4 preliminary order and Ext. P6 award, to the extent it relates to one of the employees, the 2nd respondent therein. O.P. No. 2502 of 1980 is filed by the Mercantile Employees Association, Calicut for a similar relief to quash the award in so far as it relates to another employee.2. The employer is the Western India Plywoods Ltd., Baliapatam- Towards the end of July, 1975 the executive Director of the company noticed alterations, corrections and erasures in certain local purchase bills submitted for his sanction. He suspected fraud and called for all local purchase bills and connected records of the previous 2 years and along with the General Manager, subjected the same to scrutiny. They found alterations, corrections and erasures, all unauthorised, in a number of ...
Tag this Judgment!T. T. P. Beepathumma Vs. Special Deputy Tahsildar (Arrears Collections ...
Court: Kerala
Decided on: Jan-15-1982
Reported in: [1982]134ITR488(Ker)
U. L. BIndian Evidence HAT J. - The petitioner seeks appropriate writ directing the respondents to forbear from enforcing Ex. P-2 notice or effecting a sale of the land shown in Ex. P-2 notice and to issue a writ of certiorari to quash Ex. P-2 notice.The petitioner is one of the heirs of her father, U. N. Muhammed Kunhi, who died in 1969. On the return filed by his son, T. P. Kuttiali, under the provisions of the E.D. Act, 1953 (for short 'the Act'), assessment was completed by the secondrespondent, who is the authority under the Act, and ex. P-1 assessment order was issued levying estate duty of Rs. 14,67. The duty so levied not having been paid, an attempt was made to recover the sum under the provisions of the Kerala Revenue Recovery Act, 1968 (for short 'the R.R. Act'). The first respondent, who is the Special Deputy Tahsildar (Arrear Collection), Tellicherry, issued Ex. P-2 notice under s.49(2) of the R.R. Act stating that if the estate duty together with costs and interest is not...
Tag this Judgment!Thiruvangadi Service Co-op. Bank Ltd. Vs. Dist. Labour Officer
Court: Kerala
Decided on: Jan-13-1982
Reported in: (1982)ILLJ430Ker
Kochu Thommen, J.1. This case is governed by the Kerala Industrial Employees' Payment of Gratuity Act, 1970 (the 'Act') and the Kerala Industrial Employees' Payment of Gratuity Rules, 1970 (the 'rules'), The only question that is urged before me by the petitioner ('the 'employer') is as to whether or not the 3rd respondent (the 'employee') is entitled to gratutity as provided under the Act and the Rules. According to the employer no gratuity is payable to the employee by reason of the fact that he did not make an application for gratuity within the period prescribed under Section 7 read with Rule 4.2. Before considering the question in the light of the relevant provisions of the law, I would refer to certain significant aspects of the background of this case. The employee was dismissed by the employer on 25-9-1965 on the basis of certain charges of misconduct. The dispute which arose as a result of the dismissal was referred to the Labour Court, Quilon. An award was passed by the court...
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