Kerala Court July 1986 Judgments
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The United India Insurance Company Limited and ors. Vs. N. Gangadharan ...
Court: Kerala
Decided on: Jul-15-1986
Reported in: 2(1986)ACC451
V. Sivaramau Nair, J.1. This appeal arises from the order of the Deputy Labour Commissioner, Kozhikode, in Workmen's Compensation Case No. 11 of 1978. The applicant before the Commissioner was an employee under the first respondent. While he was employed as Driver in stage carriage bearing registration No. KLD 9329 on 24-11-1976, the vehicle met with an accident resulting in a fracture of both bones of his right leg. He claimed compensation of a sum of Rs. 32,340/- on the basis of his monthly wages, which were Rs. 775/-. The present appellant, the insurer and also the employer, were respondents before the Commissioner. The only points raised by them before the Commissioner were that, (1) 'Whether the accident occurred due to the negligence of the applicant' and (2) 'what shall be the quantum of compensation payable to him, if the first point is answered in his favour'. No point of jurisdiction was raised by either of them before the Commissioner. The Commissioner held that there was no...
Assistant Commissioner (Assessment), Sales Tax Vs. Janatha Expeller Co ...
Court: Kerala
Decided on: Jul-11-1986
Reported in: [1987]64STC435(Ker)
K.S. Paripoornan, J.1. The revenue is the appellant in this writ appeal. Respondents herein are the petitioners in 0.P. No. 3977 of 1978. They are registered firms doing business mainly in coconut oil and cakes. They are registered dealers under the Kerala General Sales Tax Act, 1963, as well as under the Central Sales Tax Act, 1956. They purchase copra locally, crush the same in their mills and thereafter sell coconut oil and cake within the State as well as outside the State. The petitioners state that the inter-State turnover of coconut oil and cake is assessable only at one per cent of the sale price of the goods sold, on the basis of Notification SRO No. 117 of 1966 dated 8th March, 1966, promulgated by the Kerala Government under Section 8(5) of the Central Sales Tax Act. It is their case that the inter-State sales turnover of coconut oil and cake are not exigible to tax under the Kerala Additional Sales Tax Act, 1978 (Act 20 of 1978). By that Act, the tax payable under the Keral...
M.P. Narayana Pillai and ors. Vs. M.P. Chacko and anr.
Court: Kerala
Decided on: Jul-11-1986
Reported in: 1986CriLJ2002
ORDERS. Padmanabhan, J.1. This petition under Section 482 of the Cr. P.C. was filed by the three accused in C.C. 138/85 on the file of the Judicial First Class Magistrate, Vaikom for quashing the original of Ext. P1 complaint in that case as an abuse of process of court in order to secure the ends of justice. Ext. P2 is copy of the sworn statement of the complainant recorded by the Magistrate. Complainant is the 1st respondent and the State of Kerala is the 2nd respondent.2. First petitioner is a columnist residing in Bombay, though he is a Malayalee. Second and 3rd petitioners are respectively the Editor and Publisher of Kalakaumudi, a Malayalam Weekly published from Trivandrum. In the two issues of the weekly (Exts. P3 and P4) an article written by the 1st petitioner was published in two parts under the caption 'Syrian Christians and National Integration'. Complainant claimed himself to be a member of the Syrian Christian Community and he says that certain imputations contained in pa...
Ajantha Cashew Company Vs. Assistant Director of Enforcement
Court: Kerala
Decided on: Jul-10-1986
Reported in: AIR1987Ker34; [1989]66CompCas673(Ker); 1986(9)ECC352; 1987(32)ELT377(Ker)
Sivaraman Nair, J.1. Theappellant is an exporter of cashewnuts. It had entered into a contract with a foreign buyer, M/s. Zaloom Brothers Inc., New York, through its agents, M/s. Abel Reggio Company Inc., New York, for sale of 1500 cartons of cashewnuts during July, August and September, 1971. The price stipulated was 70 cents per pound.2. It appears that there were certain over-drawings by the appellant from its agent and certain adjustments were made on account of the alleged default in shipping the stipulated quantity of cashewnuts, during August, 1971. The statement of accounts submitted by its agents are alleged to have been forwarded to the Reserve Bank of India by the appellant along with its covering letters. One such statement indicated that an amount of U.S. $ 750 was appropriated from the overdrawn balance due to the appellant on various shipments of cashewnuts consignments. A further amount of US $ 203.94 was shown as having appropriated by the agent as overdrawing made by ...
Padmanabha Pillai Vs. Sankaran Viswambaran
Court: Kerala
Decided on: Jul-10-1986
Reported in: AIR1987Ker98
S. Padmanabhan, J.1. Plaintiff is the appellant in the second appeal. His suit for declaration of tenancy right and injunction was allowed by the trial Court, but dismissed by the appellate Court.2. The entire ground floor, first floor and eight rooms in the second floor of a three storied building was taken on rent by the appellant from the prior owner for running a hotel and lodge. After respondent purchased the building he attorned to him and was paying rent at the rate of Rs. 500/- per month. Even before the purchase made bythe respondent, there was huge arrears of rent. The sale deed authorised the respondent to collect the same. On the ground that there was arrears of rent, the respondent obtained an order for eviction against the appellant in R.C.O.P. 7 of 1967 from the Rent Control Court, Muvattupuzha, For about seven years the order was not executed and the respondent continued to receive whatever payments made by the appellant towards rent. When the respondent filed execution...
M. Kunhirama Kurup and ors. Vs. Mayyarath Krishnan Kurup and ors.
Court: Kerala
Decided on: Jul-09-1986
Reported in: AIR1987Ker13
S. Padmanabhan, J. 1. This second appeal projects an unusual, exceptional and interesting question of law. Second defendant in O. S. 950 of 1959 on the file of the Munsiff s Court, Badagara is the appellant in this second appeal. In order to appreciate the rival contentions some little facts are necessary. 2. A Nair lady by name Unichira had two daughters Kalliani Amma and Kunhi Amma. Third defendant Ammalu Amma is the daughter of Kunhi Arnma. Plaintiff and 4th defendant are the sons of the 3rd defendant. Defendants 1 and 2 are the sons of Kalliani Amma. O. S. 950 of 1959 was filed by one of the sons of the 3rd defendant for partition. In that suit all the descendants of Kalliani Amma and Ammalu Amma are parties. He claimed partition as if all the properties are the thavazhi properties of himself and all the defendants namely descendants of Kalliani Amma and Ammalu Amma. We are now concerned only with the plaint schedule items 1 to 3 which are plaint schedule items 1 and 4 in O. S. 606...
Parameswaran Vs. N. Ramachandran
Court: Kerala
Decided on: Jul-09-1986
Reported in: AIR1987Ker37
ORDERVarghese Kalliath, J.1. This is a revision by the plaintiff. His suit on a promissory note stands dismissed solely on the ground of limitation. So naturally this revision concerns the correctness of the finding on the question of limitation. I feel that this Court has power under Section 115, C.P.C. to examine the correctness of the decision.2. These are the relevant facts. The promissory note on which the suit has been laid is dated 31-10-1974. The consideration for the promissory note is Rs. 2,500/-. The suit was filed as O.S. 768/75 on 29-9-1975, before the Munsiff Court, Ernakulam.3. The defendant raised a question of territorial jurisdiction. He contended that the territorial jurisdiction for the suit is not Ernakulam, but Cochin. The Munsiff Court, Ernakulam, held on 2-12-1977 that it has no territorial jurisdiction to entertain the suit. The Munsiff made an endorsement on the plaint thus : --'The plaint is ordered to be returned to the plaintiff for presentation before the ...
income-tax Officer Vs. Kerala Oil Mills and anr.
Court: Kerala
Decided on: Jul-08-1986
Reported in: (1987)60CTR(Ker)87; [1986]162ITR292(Ker)
K. Sreedharan, J.1. These appeals between the same parties relate to one and the same question of law. Therefore, I consider it advantageous to dispose of them by a common judgment.2. The respondents were prosecuted by the Income-tax Officer for offence punishable under Section 277 of the Income-tax Act and Sections 193 and 196 of the Indian Penal Code. The allegation made against the respondents is that they filed false accounts before the Income-tax Officer to evade payment of tax. The assessment years in relation to which the proceedings were initiated are 1966-67 and 1969-70.3. The complaints in all these cases were filed before the Chief Judicial Magistrate's Court, Alleppey, on October 6, 1972. They were entertained by that court as C. C. No. 277 of 1972, C. C. No. 278 of 1972 and C. C. No. 279 of 1972. They were subsequently renumbered by the Judicial First Class Magistrate's Court, Ambalapuzha, as C. C. Nos. 387 of 1980, 388 of 1980 and 389 of 1980. The learned Magistrate acqui...
Annie Sebastien Vs. Joseph Olivero and ors.
Court: Kerala
Decided on: Jul-04-1986
Reported in: 2(1986)ACC369
V. Sivaraman Nair, J.1. The claimant in M.V.C.P. No. 38 of 1979 before the Motor Accidents Claim Tribunal, Ernakulam, is the appellant. Her son, Xavier, died in a bus accident on 29-8-1975. The accident involved stage carriage bearing registration No. XLP 1835. That vehicle is said to have hit the bicycle which the deceased, Xavier was riding throwing Xavier on to the road and he was crushed under the vehicle. He succumbed to the injuries shortly thereafter. He was aged 24 years in that time, and was earning Rs. 250/- per month The claim of the appellant before the Tribunal was for an amount of Rs 75,000/- towards compensation, against the first respondent-owner, second respondent-driver, and the third respondent insurer of the stage carriage, KLP 1835.2. The Tribunal awarded an amount of Rs. 15,000/- towards compensation with interest at 6% from the date of the award. An amount of Rs. 15,000/- was deposited pursuant to that award in April, 1981. The appellant seeks enhancement of the ...
Chiruthakutty Vs. Subramanian
Court: Kerala
Decided on: Jul-03-1986
Reported in: AIR1987Ker5
John Mathew, J.1. The respondent (wife) in an application for divorce under Section 13 of the Hindu Marriage Act, 1955(hereinafter referred to as the Act) is the appellant. The lower court has allowed divorce under Section 13(1)(i) of the Act after entering a finding that after the solemnization of the marriage the appellant herein had voluntary sexual intercourse with some person other than the respondent herein.2. The respondent married the appellant in March, 1969. As per the averment in the petition, three children were born to them out of this wedlook. The respondent underwent vasectomy operation on 8-1-1976. Thereafter the appellant and respondent lived together. On 30-8-1978 the appellant gave birth to another child. The allegation is that the appellant was having illicit connection with others and she became pregnant out of it and therefore she had committed adultery. Divorce was prayed for on that ground.3. In the counter filed by the appellant she denied the allegation of adu...
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