Kerala Court September 1982 Judgments
Sebastian Vs. Moideen A.P. and ors.
Court: Kerala
Decided on: Sep-30-1982
Reported in: 1983CriLJ407
V. Khalid, J.1. The petitioner claims to be the husband of respondent. 2. According to him, the marriage between them took place on 14-6-1982 and it was registered in the Sub-Registry, Mulam-thuruthy. Even before the said marriage, they had been on intimate terms. The 2nd respondent is pregnant, the pregnancy having advanced by about five months. The petitioner is a Christian, parents of respondent 2 did not object to the alliance. All that they wanted was that he should get himself converted to Islam. The petitioner was agreeable to this course. He even went to ponnani for this purpose. He had to come back since he was told that he had to stay there for a month to learn Arabic and religious texts before conversion. On the date of marriage, according to him, respondent 2- had attained majority.2. The Sub-Inspector of police, Ernakulam Town North Police Station registered a case as Crime No. 134 of 1982 on the complaint of respondent 1, the father of respondent 3 and arrested respondent...
Tag this Judgment!A.R. Sudhakaran and ors. Vs. M.K. Varghese and ors.
Court: Kerala
Decided on: Sep-24-1982
Reported in: [1984]55CompCas592(Ker)
ORDERK. Sukumaran, J. 1. The first of the above petitions is an application filed by the applicants in O.P. No. 108 of 1980, for condoning the delay in filing the appeal against an award passed by the Motor Accidents Claims Tribunal, Ernakulam, on June 8, 1981. It is seen from the same award that the 1st respondent, owner of the bus, had filed an appeal, M.F.A. No. 14 of 1982. It was, thereafter, that a copy of the award was applied for on February 1, 1982, and the appeal filed on February 2, 1982.2. A counter-affidavit was filed opposing the application for the condonation of delay. It was then that C.M.P. No. 17530 of 1982 was filed, praying that the appeal filed may be treated as a cross-appeal. It was pointed out that the notice on M.F.A. No. 14 of 1982 had been served on the petitioners only on January 30, 1982, and, consequently, if the appeal is treated as a cross-appeal, it would be within the prescribed time.3. This application also was opposed by the respondents, maily on the...
Tag this Judgment!K.N. Narayanan and anr. Vs. Income-tax Officer, C-ward and anr.
Court: Kerala
Decided on: Sep-15-1982
Reported in: [1984]55CompCas182(Ker); (1983)33CTR(Ker)69; [1984]145ITR373(Ker)
M.P. Menon, J.1. K. N. Narayana Iyer and the members of his family were holding 1, 19,760 out of the 3,12,800 fully paid up equity shares of Boileyburia Tea Estate Ltd., Kottayam. By Ex. P-1 dated December 15, 1976, he agreed to transfer all the aforesaid shares to the Sales & Allied Industries (India) Ltd., Calcutta, in four different lots, between December 15, 1976, and April 30, 1978, subject to the obtaining of necessary sanctions and approvals under the Companies Act and the Foreign Exchange Regulation Act. The agreement also provided that in case the whole block of 1, 19,760 shares were not so transferred, the vendor was to repay all moneys received from the purchaser and that the latter was to return or retransfer all the shares delivered or transferred.2. Shares held by the two petitioners herein were also covered by the agreement and 1,700 shares belonging to each were actually transferred on March 31, 1977. They filed returns under the I.T. Act showing long-term capital gains...
Tag this Judgment!Commissioner of Income-tax Vs. Smt. Mary Ignatius
Court: Kerala
Decided on: Sep-13-1982
Reported in: (1983)32CTR(Ker)283; [1983]141ITR954(Ker)
Subramonian Poti, Actg. C.J. 1. The question referred to us by the Income-tax Appellate Tribunal, Cochin Bench, is: 'Whether, on the facts and in the circumstances of the case, Rs. 42,632, being the assessee's share of loss from M/s. Tyre & Rubber Industries, is to be set off against Rs. 50,284 being the share income of the minor children of the assessee from the firm, M/s. Ignatius Mill Stores, for the assessment year 1976-77 ' 2. That arises on the following facts. During the accounting year relevant to the assessment year 1976-77, the assessee, an individual, was a partner in M/s. Tyre & Rubber Industries and also M/s. Natius Latex Industries. Her two minor children were admitted to the benefits of a partnership, M/s. Ignatius Mill Stores. During the relevant accounting year the assessee's share of loss from M/s. Tyre & Rubber Industries was Rs. 42,636 and her share of income from M/s. Natius Latex Industries was Rs. 3,764. The share income of each of the minor children of the asses...
Tag this Judgment!John Joseph Vs. University of Kerala and ors.
Court: Kerala
Decided on: Sep-08-1982
Reported in: AIR1983Ker52
Subramonian Poti, Ag. C.J.1. Will the General Council of the University Union of the Kerala University cease to function by reason of some of the members of the Council ceasing to be the students of the Colleges affiliated to the University? This is the question that calls for decision in this appeal. The learned single Judge whose judgment is challenged by the General Secretary of the Kerala University Union has held that the Statute envisages a University Union for students and this necessarily means that the University Union must be of the students and by the students. Elaborating on this theme the learned Judge further finds that once some of the members of the General Council cease to be students the General Council itself would cease to function. In. other words irrespective of the date the General Council comes into existence during an academic year it will normally cease to function at the end of the academic year since by then it is likely that some at least of the members of ...
Tag this Judgment!H.M.T. Limited Vs. Labour Court
Court: Kerala
Decided on: Sep-06-1982
Reported in: (1983)ILLJ337Ker
Subramonian Poti, Acting C.J.1. The question raised in both these appeals are more or less similar. The learned single Judge who decided the Original Petition which is subject matter of Writ Appeal No. 194/82 was only following the earlier judgment in O.P.No.2140/81 which is the subject matter of Writ Appeal No. 132/82.2. In both these cases, the managements which had treated the services of an employee as terminated were the respondents in the Original Petitions and are the appellants in these appeals. In O.P.No.2140/81 the challenge is to an order passed by the Labour Court, Ernakulam in an industrial dispute between the petitioner in the Original Petition and the 2nd respondent therein, the Hindustan Machine Tools Ltd., Kalamassery concerning the termination of service of the workman concerned. It was contended by the workman that his service was terminated without valid reasons and therefore he was liable to be reinstated with all benefits. This was met by the management by referen...
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