Kerala Court January 1986 Judgments
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Philip Lukka Vs. Franciscan Association, Vazhappally and ors.
Court: Kerala
Decided on: Jan-02-1986
Reported in: AIR1987Ker204
Sukumaran, J.1. This is a plaintiffs appeal. It is directed against the judgment of the Sub Court, Kottayam, by which that Court dismissed the suit. The main prayer in the suit was for setting aside a gift deed executed by the plaintiff on the ground of undueinfluence and fraud. The 1st defendant is the Franciscan Association, defendants 2 and 3 are respectively its President and Vice-President.2. Some facts are not in dispute. The plaint schedule property has an extent of 3 acres and 89 cents. It is situate about 1 Km. from the Kottayam Medical College and in close proximity to the Amalagiri College. As such it is a very valuable item of property. The plaintiff obtained the property in a partition in his family evidenced by Ext. A1 dt. 27-8-1121 (9-4-1946). (According to the plaintiff, this is the only property owned by him, though a thandaper shows another property 1 acre 69 cents in his name). The plaintiff was a congenital invalid suffering from indifferent health throughout his li...
T.V. Subramania Kurukkal Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jan-02-1986
Reported in: AIR1987Ker200
ORDERM.P. Menon, J.1. The Bazar U.P. School, Thathamangalam is an aided school, and the petitioner is its manager. The institution was started in the year 1907 by his grandfather. He himself became manager in 1945. By about 1984 the petitioner found that because of old age and financial troubles in the family, he was no longer in a position 'to run the school effectively'. On 4-5-84, therefore, he gave Ext. P1 notice of his intention to close it down from 1-6-85, as required by Section 7(6) of the Kerala Education Act. For a long time there was no response either from the Government or from the Educational authorities, despite reminders. On 30-5-85 the Dy. Director of Education, Palghat requested the petitioner, as per Ext. P 5 communication, to 'set aside the proceedings of closure action', till permission from the competent authority was received. On the same date, the Director of Public Instruction also passed Ext. P6 order in the following terms :'In the Notice read above, the Mana...
P.K. Mohammed Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Jan-02-1986
Reported in: (1987)61CTR(Ker)40; [1986]162ITR587(Ker)
P.C. Balakrishna Menon, J. 1. The Income-tax Appellate Tribunal, Cochin Bench, has referred the following questions as directed by this court in O.P. Nos. 1833 and 1834 of 1977-B under Section 256(2) of the Income-tax Act, 1961. 2. O.P. No. 1833 of 1977-B : '(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Income-tax Officer was entitled to reopen the assessment under Section 147(b) of the Income-tax Act (ii) Whether the Tribunal was right in rejecting the contention of the assessee that the amount of Rs. 18,446 set apart in the profit and loss account pursuant to the provisions of the Bonus Act did not form part of the assessable income of the assessee (iii) Whether the Tribunal was right in rejecting the contention of the assessee that in any view of the matter, the said amount is an allowable deduction under the Income-tax Act, 1961 3. O.P. No. 1834 of 1977-B: (i) Whether the Tribunal was right in rejecting the contention o...
Paul Francis Ambukkaram and ors. Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Jan-01-1986
Reported in: (1987)IILLJ150Ker
V. Sivaraman Nair, J.1. Petitioners in these Original Petitions were employees of the Bank of Cochin Ltd, (hereinafter referred to as the transferor bank), which, after a short-span of moratorium declared under Section 45 of the Banking Regulation Act, was amalgamated with the State Bank of India (hereinafter referred to as the transferee bank) under a statutory scheme approved by the Government of India under Section 45(7) of the above enactment. Petitioners challenge their inclusion in the schedule attached to the Scheme. The effect of such inclusion was that they were excluded from continuance in service under the State Bank of India unlike other employees.2. Petitioners were officers of the Bank of Cochin Ltd. Some of them had undergone special trainings and acquired other qualifications, which equipped them for higher responsibilities in the banking industry. During the course of their service in the Bank, indiscretions and irregularities were committed in the discharge of their o...
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