Kerala Court December 1986 Judgments
P. Asokan Vs. Western India Plywoods Ltd., Cannanore
Court: Kerala
Decided on: Dec-22-1986
Reported in: AIR1987Ker103; (1987)IILLJ183Ker
Sukumaran, J.1. The question referred to the Full Bench relates to the interpretation to be placed on Sections 53 and 61 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'Act').2. A Division Bench of this Court made some general observations on the scope of the sections in the decision in Abad Fisheries v. Commr. for Workmen's Compensation, 1985 Ker LT 104. The correctness of the observations was doubted by the Division Bench. Those observations would in one view be treated as obiter, in the light of the ultimate factual situation about the payment effected to the claimant, which was noted with satisfaction in the decision itself. It was felt desirable that the legal position is laid down authoritatively by a Full Bench of this Court, as the decision had wide application in relation to large number of claims arising in the industrial sector.3. The C. M. Appeal is against an order of the court below which upheld the defendant-employer's objection about the ous...
Tag this Judgment!Thressia Vs. K.S.E.B.
Court: Kerala
Decided on: Dec-19-1986
Reported in: II(1987)ACC546; AIR1988Ker206; (1987)IILLJ271Ker
ORDERVarghese Kalliath, J.1. A widow of a poor agricultural labourer sent a letter to Justice Balakrishnan. His Lordship Balakrishnan opined that the woeful facts revealed in the letter require it to be considered a san Original Petition under Article 226 of the Constitution. The letter with the opinion of Balakrishnan, J. was placed before Justice Sukumaran. Sukumaran, J. deemed it fit to be taken as an application under Article 226 of the Constitution.Notice was issued to the Kerala State Electricity Board.When the petition came up for hearing, I directed the Electricity Board to file its reply to the letter as an affidavit. The Board has filed a counter-affidavit in the case.2. Now the facts :The petitioner submits that she is the widow of a poor agricultural labourer. Her husband was an agricultural labourer. She tells this court that her husband was electrocuted on 5-10-1979. This tragedy happened when her husband got himself contacted with a snapped live power line. She says that...
Tag this Judgment!Chiru Amma and ors. Vs. Kunhikrishnan Nambiar.
Court: Kerala
Decided on: Dec-19-1986
Reported in: 1987(1)KLT331; 1987KLJ128; ILR1987(2)(Ker)90
1. Plaintiffs in a suit for partition are the appellants in the second appeal. The simple but delicate and interesting question that poses for consideration is whether a child 'en ventre sa mere' is entitled to a share.2. Parties were marumakkathayees. Suit is for partition of thavazhi properties. There are four plaintiffs and fourteen defendants. By operation of the provisions of the Kerala Joint Hindu Family System (Abolition) Act, 1975 (Act 30 of 1976), here-in-after referred to as 'Act 30 of 1976', which came into force on 1-12-1976, with effect from that day the parties are deemed to hold the properties as ten ants-in-common as if a partition of the properties per capita had taken place among all the members of the family living on 1-12-1976. Fourth plaintiff was conceived and born after 1-12-1976 and hence no share was claimed. Plaintiff claimed only three out of 17 shares. Plaintiffs 2 and 3 are children of the first plaintiff. Third plaintiff was conceived before 1-12-1976 but ...
Tag this Judgment!C.J. Thomas and ors. Vs. South Indian Bank Ltd. and ors.
Court: Kerala
Decided on: Dec-18-1986
Reported in: (1987)IILLJ193Ker
Bhaskaran Nambiar, J. 1. The short question in these three writ appeals is whether, the banks, the Catholic Syrian Bank Ltd. and the South Indian Bank Ltd., included in the Schedule to the Reserve Bank of India Act, is 'State' within the meaning of Article 12 of the Constitution. These banks are not nationalised under the Bank Nationalisation Act.2. The appellants employed in these banks were not selected for promotion to higher categories and filed these writ petitions against the two banks, challenging their supersession. At the threshold, the question of jurisdiction arose. All the three writ petitions have been dismissed on the ground that these banks are not 'State' under Article 12 of the Constitution and, therefore, not amenable to the writ jurisdiction of this court. It is against these decisions that these appeals have been filed. 3. At the outset, it has to be stated that the factual basis has not been made in the pleadings to lead to the conclusion that these scheduled banks...
Tag this Judgment!State of Kerala and ors. Vs. Saroja and ors.
Court: Kerala
Decided on: Dec-17-1986
Reported in: AIR1987Ker239
S. Padmanabhan, J. 1. O. S. 14 of 1979 on thefile of the Munsiff's Court, Quilon which gaverise to this second appeal by defendants 4 to6 (Kerala State, District Collector, Quilonand the Sales Tax Officer, Quilon) representsa typical example of human tendency to avoidliability under the guise of enforcement ofstatutory rights by resorting to dubiousmethods. It also reflects a tendency to findout loopholes in law by resort to mala fidemethods as is the practice of cantankerouslitigants. 2. The two plaintiffs are sisters and defendants 2 and 3 are their relations. First defendant is a registered partnership firm under the name and style M/s. Vijay & Co., dealing in provisions. The business was started by the 2nd plaintiff as her proprietary concern. On 1-4-1974 it was registered as a partnership the partners being plaintiffs 1 and 2 and second defendant. On 1-4-1977 third defendant was also admitted as a partner. For the year 1978-1979 sixth defendant assessed the firm to sales tax. Sinc...
Tag this Judgment!Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Vs. T ...
Court: Kerala
Decided on: Dec-17-1986
Reported in: [1987]65STC349(Ker)
T.L. Viswanatha Iyer, J.1. This revision petition is at the instance of the Revenue and challenges the decision of the Kerala Sales Tax Appellate Tribunal, Kohzikode Bench, holding that the purchase of granite by the assessee for use in the erection/repair of sea walls was not liable to tax under Section 5A of the Kerala General Sales Tax Act, 1963 (the Act for short). The Tribunal held that the granite purchased had not been used in the manufacture of other goods for sale or otherwise and hence Section 5A(1)(a) was not attracted.2. We are in agreement with the decision of the Tribunal. The assessee is a contractor. The purchase of the granite in question was for erecting certain sea walls between Chalil and Gopalapetta and also for repairs to certain existing sea walls. The assessment years are 1975-76 and 1976-77. The assessing authority and the Appellate Assistant Commissioner in first appeal held that the assessee had 'consumed' the goods in the manufacture of other goods for sale ...
Tag this Judgment!Thimothy Vs. State of Kerala
Court: Kerala
Decided on: Dec-16-1986
Reported in: 1987CriLJ1313
ORDERChettur Sankaran Nair, J.1. These petitions are moved by a person claiming to be the registered owner of a lorry, bearing Registration No. K.R.R. 2313. According to him, the lorry was transferred in his name on 3-5-1983 under a duplicate registration book, the original having been lost. He would say that the lorry was operating inside the State of Kerala and that it has no permit to operate outside the State. On a complaint by one Anjaneyelu, a resident of Pidugurala, Guntur District in Andhra Pradesh, the lorry was seized by the Sub Inspector, Pidugurala with the assistance of the Trichur police, in the belief that it was involved in the commission of an offence.2. Anjaneyelu's complaint to the police appears to be that one George had received a consignment of rice from him to be transported to Kerala and that it did not reach its destination. George was believed to be the driver of the lorry seized. The seizure was reported to the Chief Judicial Magistrate, Trichur and it was pr...
Tag this Judgment!Mani Vs. State of Kerala
Court: Kerala
Decided on: Dec-16-1986
Reported in: 1987CriLJ1965
Chettur Sankaran Nair, J.1. The appellant-accused stood trial before the Court of Session, Trichur for having caused the death of one Rajan at or about 8 P.M. on 28-12-1982 by stabbing him with a knife, the offence punishable under Section 302,1.P.C. There was an exchange of words between the accused and the deceased. When the deceased called the mother of the accused a whore, it is said the accused took out a knife and stabbed him. P.W. 2 who was nearby, tried to intervene. In this process, he was injured, and he let go of the accused. P.Ws. 1 and 2 and Ors. took the injured to the Wadakkancherry hospital, and thence to the District hospital, Trichur. The police registered a case under Section 307, I.P.C. Later, the injured died, and the charge was altered to Section 302, I.P.C.2. P.W. 9 performed an autopsy on the body of the deceased, and issued Ext.P6 certificate noticing ten injuries. According to the doctor, injuries 2 and 3 were necessarily fatal. Serious damage was caused to th...
Tag this Judgment!Gopinathan Nair and Co. Vs. State of Kerala
Court: Kerala
Decided on: Dec-10-1986
Reported in: [1987]64STC452(Ker)
K.S. Paripoornan, J.1. Identical questions arise for consideration in these batch of 37 revisions. These revisions are preferred against the orders of the Sales Tax Appellate Tribunal. There, T.A. Nos. 713 and 1020 of 1975 were treated as the main cases and a common order was passed dated 11th March, 1985, disposing of the appeals. The revisions filed from the said appeals, T.A. Nos. 713 and 1020 of 1975, are T.R.C. Nos. 91 and 92 of 1986. The common order passed in T.A. Nos. 713 and 1020 of 1975 was followed in all other cases. So, in this Court also, at the request of counsel appearing for both parties, T.R.C. Nos. 91 and 92 of 1986 were treated as the main cases and it was agreed by counsel on both sides that the decision in the said revisions will govern all other revisions in these batch of cases. T.R.C. Nos. 91 and 92 of 1986 relate to the assessment years 1970-71 and 1971-72. The same revision-petitioner in both the cases, is an assessee under the Kerala General Sales Tax Act. H...
Tag this Judgment!Div. Personnel Officer, Southern Railway Vs. Karthiyani
Court: Kerala
Decided on: Dec-09-1986
Reported in: (1994)IIILLJ65Ker
Kochu Thommen, J.1. This appeal is brought by the Southern Railway from the order of the Commissioner for Workmen's Compensation, Trichur awarding a sum of Rs. 19,200/- as compensation to the claimant who is the widow of a workman of the railway who died on 17-3-1975 at about 4.15 p.m. The evidence, as accepted by the Commissioner, is that the workman drank a glass of water at 7 a.m. from a drum kept in the railway premises. The water in the drum was intended for the workmen to drink. The workman was on his way to the work spot, and had collected his tools before drinking the water. Another workman also had drunk water at about the same time from the same drum. Both tell sick with acute gastro enteritis and were removed to the hospital. The other workman survived, but the workman, whose widow is the respondent claimant, succumbed to the disease at 4.15 p.m. Those facts are not in dispute. The Commissioner at the end of the enquiry founds that the railway was liable in terms of Section ...
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