Kerala Court March 1984 Judgments
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V.i. Varkey Vs. State of Kerala and ors.
Court: Kerala
Decided on: Mar-16-1984
Reported in: AIR1984Ker189
Bhaskaran, Ag. C.J. 1. This writ appeal is filed by the petitioner in O. P. No. 5206 of 1981 which has been dismissed by a learned Judge of this Court by the judgment dt. 22-12-1983. The District Collector, Alleppey, has published under Clause 51 (ii) of the Kerala Rationing Order, 1966, a notification inviting applications in the prescribed form for the appointment of an authorised wholesale distributor in respect of a particular depot within the Thiruvalla Municipality. The appellant-petitioner and the respondent 4 were two among other applicants. The 3rd respondent- District Collector decided the matter in favour of respondent 4 as per his order dt. 30-6-1980, a true copy of which is Ext. P3, and ordered the issue of licence to him. On appeal, as per the order dt. 14-1-1981, a true copy of which is Ext. P4, respondent 2, the Commissioner of Civil Supplies, Board of Revenue, set aside Ext. P3 order and remanded the matter to respondent 3, District Collector, directing him to go throu...
Dr. Khanna and anr. Vs. State of Kerala
Court: Kerala
Decided on: Mar-16-1984
Reported in: II(1984)ACC114
U.L. Bhat, J.1. The death of Sobhana alleged to have been subjected to medical termination of pregnancy (MTP) led to registration of a case unnatural death in Crime No. 101 of 1983 of Kannapuram Police Station, later transferred to Balipatnam Police Station and registered as Crime No. 164 of 1983 against the two petitioners as accused for offences under Sections 304 and 314 I.P.C. and and Sections 3 and 7 of the M.T.P. Act. They were arrested on 3-3-1984 and on the very next day they were granted interim bail by the Sessions Judge,Tellicherry After bearing both sides, the learned Sessions Judge, rejected the request for bail made by the first accused and granted conditional bail to the second accused. Both the accused, being aggrieved, have filed these M.C. cases. The case diary has been placed before me and I have heard both sides.2. Sobhana, mother of two children, along with her husband approached the first accused, Medical Officer in the Pappinissery Primary Health Centre, on 11-11...
Sankaranarayanan Bhattathiripad, Vs. Income-tax Officer
Court: Kerala
Decided on: Mar-14-1984
Reported in: (1985)44CTR(Ker)271; [1985]153ITR562(Ker)
T. Kochu Thommen, J. 1. The petitioners are brothers. They belong to a Namboodiri Illom. Subsequent to a partition in the family in 1957, each of them has been in separate possession and enjoyment of the respectively allotted portion of the properties. Each has a family of his own and has been assessed to income-tax separately in the status of HUF. During the accounting year relevant to the assessment year 1977-78, the Kerala Joint Hindu Family System (Abolition) Act, 1975, came into force with effect from December 1, 1976. (I shall refer to this Act as the 'State Act' or the 'Abolition Act' as the context requires). In the course of the assessment proceedings, each of the assessees (petitioners) contended that, in view of the Abolition Act, he should no longer be assessed in the status of HUF, but as the full owner of his separate share as if a partition had taken place in his family. This contention was rejected by the ITO by his impugned orders in respect of each of the petitioners ...
Clara and ors. Vs. Augustine and ors.
Court: Kerala
Decided on: Mar-12-1984
Reported in: AIR1985Ker186
Balagangadharan Nair, J. 1. These appeals have been brought by defendants 2 and 3 in O.S. No. 166 of 1982 on the file of the Additional Subordinate, Judge, Cochin and the defendant in O.S. No. 220 of 1979 on the file of the Additional Subordinate Judge, Alleppey from the judgments and decrees dated 20-8-1983 and 15-4-1981 respectively. The former appeal was filed in this court on 20-2-1984 and the latter on 13-2-1984. These suits were instituted, O.S. No. 166 of 1982 on 5-7-1982 and O.S. No. 220 of 1979 on 5-9-1978(9?). After the decrees in the two cases. Section 13 of the Civil Courts Act was amended by substituting the words 'Rs. 25,000/-' for the words 'Rs. 10,000/-'. This was done by ordinance 9 of 1984 which came into force on 6-1-1984. The office has raised a doubt whether in view of the amendment brought about by the ordinance, the appeals could be maintained in this court or whether they lie in the District Court as in both cases the valuation was above Rs. 10,000/-and below Rs...
Tessy Kuruvilla Vs. Agrl. Income Tax Officer.
Court: Kerala
Decided on: Mar-10-1984
Reported in: (1985)45CTR(Ker)225
ORDERK. S. Paripoornan, J. - The petitioner is an assessee to Agrl. IT. For the year 1976-77 she was assessed to Agrl. IT by Ext. P1 order dt. 6-6-1979. The order was passed under s. 18(4) of the Act, since the petitioner neither filed the return nor filed any objections to the pre-assessment notice. The revision filed before the 2nd respondent was dismissed by Ext. P2 order dt. 22-10-1981. According to the petitioner both Exts. P1 and P2 orders are illegal and violative of natural justice. Before passing Ext. P1 assessment order the objections filed by her were not considered. Before passing Ext. P2 order no notice was served on her and she was not heard. No sufficient opportunity was afforded to the petitioner to produce relevant documents. In this original petition, the petitioner assails Exts. P1 and P2 orders. The petitioner also attacks s. 34, 2nd proviso to the Agrl. IT Act as ultra vires and violative of Art. 14 of the Constitution of India. It is stated that there is no obliga...
Commissioner of Wealth-tax Vs. Prema Laxman and anr.
Court: Kerala
Decided on: Mar-07-1984
Reported in: (1984)41CTR(Ker)354; [1984]150ITR170(Ker)
Kochu Thommen, J. 1. Pursuant to the common judgment of this court in O.P. No. 2342 of 1977 (Kum. Preethi Laxman, respondent) and O.P. No. 2363 of 1977 (Kum. Prema Laxman, respondent), the following two questions have been referred to us by the Income-tax Appellate Tribunal, Cochin Bench :'1. Whether, on the facts and in the circumstances of the case, the assessee is entitled to claim deduction, under the Wealth-tax Act, in respect of provision made by the firm for payment of leave with wages ? 2. Whether, on the facts and in the circumstances of the case, and on the basis of the materials on record, the Tribunal is right and reasonable in law and fact in holding that in the cashew circles in Kerala leave with wages is merely an additional wage available to every worker and it has nothing to do with leave at all?' 2. The assessees are partners of a firm called Indian Nut Products, Quilon, which is engaged in the business of manufacturing and exporting cashew kernels. For the assessment...
Kathichal Puthiyapurayil Pathumma and anr. Vs. Thundakachi Abdulla and ...
Court: Kerala
Decided on: Mar-01-1984
Reported in: 1985CriLJ219
ORDERK. Sukumaran, J.1. The marriage of Abdulla with Pathumma took place in the year 1968. Some time thereafter the husband left for Dubai where he had obtained a job. Children were born to the couple. There is ho controversy between the parties about the legitimacy of the first two sons After one of those visits to the home, the husband left India in the year 1977. His next visit was only on 24-6-1979. The husband and wife stayed for about three months then. A child was born on 19-1-1980. The husband doubted about its paternity. He rushed back home. The wife was searchingly questioned by him. According to the husband she had owned that the child was not born to him ; and she had made such a statement on oath at the Jumaath Mosque at Cherukunnu. An estrangement thus arising between the parties led to the litigation. She moved the criminal Court for maintenance. The three children and herself figure as the petitioners. The husband is the respondent.2. Maintenance was awarded to the peti...
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