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Kerala Court October 1984 Judgments

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Oct 16 1984

Aluminium Industries Ltd. Vs. Union of India (Uoi)

Court: Kerala

Decided on: Oct-16-1984

Reported in: 1985(4)ECC1; 1985LC554(Kerala); 1999(110)ELT474(Ker)

T. Kochu Thommen, J.1. The learned Judge from whose judgment in O.P. No. 5049 of 1981 this Appeal arises, rejected the petitioner's prayer for a writ of certiorari to quash Exts. PI and P3 demanding additional duty in the sum of Rs. 10,75,050.66 under Section 3 of the Customs Tariff Act, 1975 and for a direction to refund a sum of Rs. 1,62,517.11 alleged to have been excess paid by the petitioner as auxiliary duty under Section 47 of the Finance Act, 1981. Dismissing the Original Petition, the learned Judge held that the petitioner was liable to pay duties of customs as per the rates in force on 28-3-1981 which was the date on which the bill of entry was filed.2. The admitted facts are : The vessel carrying 260 MT Aluminium ingots consigned to the petitioner reached Cochin Port on 25-3-1981. The inward entry for the vessel was granted on 26-3-1981. The bill of entry for the clearance of the goods was presented on 28-3-1981. With effect from 27-3-1981 auxiliary duty at 5 per cent became...


Oct 11 1984

Krishna Pillai Sukumara Pillai Vs. Krishnan Velayudhan and anr.

Court: Kerala

Decided on: Oct-11-1984

Reported in: AIR1985Ker40

Balakrishna Menon, J.1. This revision was referred to a Full Bench for decision on the legality of the order of the Appellate Authority (Land Reforms), Alleppey, condoning the delay in making the requisite deposit under Sub-section (3) of Section 13A of the Kerala Land Reforms Act, for short 'the Act'.2. The facts of the case are not in dispute. The petitioner obtained a decree against the 1st respondent in O. Section No. 734 of 1967 of the Munsiff's Court, Neyyattinkara for redemption of a mortgage and for recovery of possession of the suit property. In execution of the decree the petitioner got delivery of the property on 31-1-1969. After the commencement of the Kerala Land Reforms ('Amendment) Act. 35 of 1969, the 1st respondent applied as per O. A. No. 152 of 1970 to the Land Tribunal, Quilon for restoration of possession of the property delivered to the petitioner on 13-1-1969 alleging that he is a deemed tenant under Section 4(1)(a) of the Land Reforms Act as amended and is hence...


Oct 09 1984

The Secretary, Board of Revenue, Trivandrum Vs. Sellwell Tea Agencies

Court: Kerala

Decided on: Oct-09-1984

Reported in: AIR1985Ker8

M.P. Menon, J. 1. This is a reference made by the Board of Revenue under Section 55(1) of the Kerala Stamp Act, 1959.2. The Lord Krishna Bank Ltd. was the foreman of a Kuri and M/s. Sellwell Tea Agencies, a subscriber. The ticket was prized at the 25th instalment. Under Section 27(1) of the Kerala Chitties Act, 1975 the foreman was bound to take reasonable security for the due payment of future subscriptions before allowing the subscriber to draw the prize amount. The security taken by the Bank from the Agencies was in the form of the following letter : --Dear Sirs, In consideration of the sum of Rs. 25,000/- paid by you to me (receipt whereof has been acknowledged in a separate receipt dated 18-2-1980 executed by me to you) towards the prize amountdue to me in respect of ticket No. 27/27 subscribed to by me in the Chitty No. 1/78 conducted by you, in accordance with the terms and coaditions of the variola, I do hereby, as beneficial owner, transfer to you all my rights in the debt due...


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