Kerala Court August 1986 Judgments
Food Inspector, Tellicherry Municipality Vs. K.V. Beerankoya and anr.
Court: Kerala
Decided on: Aug-29-1986
Reported in: 1987CriLJ521
ORDERK.G. Balakrishnan, J.1. All these cases have been referred to the Division Bench as Qur learned Brother Sreedharan, J. felt that some common questions of general importance are involved in these cases.2. Criminal Appeal No. 316 of 1982 has been filed against the order of acquittal passed in S.T.C. 147 of 1979 on the file of the Additional Judicial First Class Magistrate, Tellicherry. On 15-3-1979 the Food Inspector of Tellicherry Municipality purchased 3 bottles of vinegar from the shop of the 2nd accused, who is a dealer in vinegar and other food stuffs. Each bottle contained 650 m.l. of vinegar with a label thereon 'coconut vinegar'. After all the formalities were complied with, the sample was sent to the Public Analyst. After analysis it was found that the article did not conform to the standard prescribed for vinegar as given in A. 20 of Appendix B of the Prevention of Food Adulteration Rules, 1955. The first accused is the proprietor of Venus Swadeshi Fruit Products, Calicut,...
Tag this Judgment!Janso Soft Drinks Private Ltd. Vs. the State of Kerala and ors.
Court: Kerala
Decided on: Aug-28-1986
Reported in: [1987]65STC433(Ker)
V. Sivaraman Nair, J.1. Petitioner in O.P. No. 4278 of 1986 is the appellant. It is a company engaged in the business of bottling soft drinks, in its factory at Aroor in Alleppey District. It is a dealer registered under the Kerala General Sales Tax Act and the Central Sales Tax Act. It had obtained the release of 12 lorry loads of empty bottles, which were intercepted and detained at the Sales Tax Check Post, Chovva, for the period from 17th August, 1984 to 21st August, 1984. Bank guarantee for an amount of Rs. 1,54,469 Was furnished for such release of the goeds. For the period from 9th September, 1984 to 2nd November, 1984, 41 more lorry loads of empty bottles were intercepted at that check post allegedly for the reason that the consignments were not accompanied by prescribed documents. By order dated 19th August, 1985, under Section 29 of the Kerala General Sales Tax Act, the adjudicating authority imposed a penalty of Rs. 1,54,469 in respect, of the 12 lorry loads intercepted upto...
Tag this Judgment!Sundaresan Thampi Vs. Ramachandran and ors.
Court: Kerala
Decided on: Aug-28-1986
Reported in: 1987CriLJ108
ORDERK. Sreedharan, J.1. The petitioner has embarked upon an evidence hunting spree to substantiate his allegations in the complaint filed before Court. The said complaint is based on certain news items which appeared in newspapers. Apart from the clippings from those newspapers, the petitioner is not possessed of any acceptable legal evidence to substantiate the averments made by him in the complaint. Therefore he wanted to examine the respondents herein and to direct them to produce certain documents. The respondents, on getting summons filed affidavits and petition before Court. In the affidavit the third respondent contended that none of the documents referred to in the summons is in his custody and that he is not in a position to produce the same. The first respondent averred that out of the two documents directed to be produced by him, the second did not reach him and that the first document has been entrusted with the second respondent in connection with the enquiry which is bei...
Tag this Judgment!Kesaria Tea Co. Ltd. Vs. Income-tax Officer and Another.
Court: Kerala
Decided on: Aug-28-1986
Reported in: [1988]171ITR479(Ker)
K. S. PARIPOORNAN J. - In these original petitions, the challenge is against the order passed by the Commissioner of Income-tax under section 264 of the Income-tax Act, 1961, for the years 1978-79 and 1979-80. It is exhibit P-4 in O.P. No. 1550 of 1981 dated February 4, 1981. Interest was levied for the above two years by the Income-tax Officer under section 139(8) of the Income-tax Act and also under section 215 of the Act. It is common ground that the interest levied under section 139 of the Act can be waived or reduced by the Income-tax Officer himself under rule 117A of the Income-tax Rules, 1962, and the interest levied under section 215 of the Act can also be waived or reduced under rule 40 of the Income-tax Rules.In a recent decision in Central Provinces Manganese Ore Co. Ltd. v. CIT [1986] 160 ITR 961, the Supreme Court has held that the assessee should apply to the concerned Income-tax Officer for reduction or waiver of interest in the first instance and it is only thereafter ...
Tag this Judgment!Ellikkal Kuniyil Raghavan Vs. K.K. Saroja
Court: Kerala
Decided on: Aug-26-1986
Reported in: AIR1987Ker151
ORDERVarghese Kalliath, J.1. This is a revision by the husband from an order made by the District Judge in proceedings by the wife for ancillary relief under Section 24 of the Hindu Marriage Act, 1955 (for short, the Act). There is no dispute between the parties on certain essential facts of this case.2. The husband and wife were married on 13th Nov. 1969. The couple had one child. There was a break down of marriage. Husband i complained desertion by the wife. He filed an application for dissolution of the marriage, O. P. No. 10 of 1980. It was filed on 26-3-1980. Notice on the application was issued on 9-4-1980. Pending the main petition, O. P. 10/80, the wife filed an application I. A. 3486/ 80 on 24-11-1980 for the relief of interim alimony and for court's direction to the husband to pay a lump sum amount to the wife to meet the expenses of the litigation. This application was disposed of only on 31-1-1981. Before the disposal of this application, the main petition -- O. P. 10/80 --...
Tag this Judgment!Reserve Bank of India and ors. Vs. Paul Francis A. Ambookan and ors.
Court: Kerala
Decided on: Aug-26-1986
Reported in: [1990]69CompCas320(Ker)
Bhaskaran Nambiar, J.1. The suspension of banking business by the Bank of Cochin, pursuant to a moratorium, ordered by the Central Government and its consequent amalgamation with the State Bank of India, under a scheme prepared by the Reserve Bank of India, have given rise to these writ proceedings and the present appeals.2. On an application made by the Reserve Bank of India under Section 45 of the Banking Regulation Act (for short, 'the Act'), the Central Government made an order of moratorium in respect of the Bank of Cochin in April, 1985, and the banking business stood suspended Thereafter, when the Reserve Bank was satisfied that in public interest and in the interest of depositors, it was necessary to prepare a scheme for the amalgamation of this banking company, the Bank of Cochin, with some other banking institution, a draft scheme was prepared proposing to amalgamate the Bank of Cochin with the State Bank of India. The draft scheme with certain modifications suggested by the ...
Tag this Judgment!Rev. C.S. Joseph and ors. Vs. T.J. Thomas and ors.
Court: Kerala
Decided on: Aug-26-1986
Reported in: [1987]62CompCas504(Ker)
Balakrishnan, J.1. The miscellaneous first appeal has been preferred against an order passed by the learned single judge appointing a receiver to manage the affairs of a company.2. Kunnamkulam Marthoma Suriyani Christiani Suvisesha Prasanga Sanghom (hereinafter mentioned as 'the Sanghom' for convenience) is a company incorporated on July 30, 1082 M.E., under the Cochin Regulation (IV of 1080 M.E). The main object of the Sanghom is to propagate Christianity among the non-Christians, spread gospels and to uplift the spiritual life of Christians. The Sanghom had 19 members. The Sanghom has no share capital and the liability of the members is limited to the extent of their subscription.3. Respondents Nos. 1 to 7 herein filed a company petition alleging oppression and mismanagement in the affairs of the Sanghom. The Sanghom has four items of properties including an item of property known as 'Sadhusala Parambu'. There is also a school under the management of this Sanghom. The main allegation...
Tag this Judgment!Goods Agro Chemicals and ors. Vs. Assistant Collector of Customs
Court: Kerala
Decided on: Aug-19-1986
Reported in: 1986(10)ECC178; 1986LC218(Kerala); 1987(32)ELT565(Ker)
V. Bhaskaran Nambiar, J.1. These writ petitions raise common questions of law and are, therefore, disposed of by a common judgment. We shall briefly refer to the facts in one writ petition, O.P. No. 2641 of 1981 as the facts in others are practically similar.2. The petitioner is a public limited Company manufacturing Copper fungicides and other industrial chemicals. These fungicides are used for prophylactic spraying against fungal diseases in coffee, rubber, tea, areca, cardamom estates and in field crops like paddy, cotton, chillies, turmeric tobacco, betel vine, etc. The petitioner imported 'copper scrap' conforming to 'Birth' variety as per NARI specifications, from Singapore, Middle East, United States and United Kingdom. They have been importing this scrap from 1956 onwards and it is said that the petitioner Company requires about 1,000 Metric Tonnes per year. It is not disputed that the 'copper scrap' imported consisted of scrap derived from old, used and condemned, defective, n...
Tag this Judgment!Naseema and ors. Vs. P.C. SebastaIn and ors.
Court: Kerala
Decided on: Aug-14-1986
Reported in: [1990]67CompCas35(Ker)
Sivaraman Nair, J.1. The appellants are the widow and children of the late Shri Abdul Khader, who died as a result of an accident on November 25, 1978, involving a goods vehicle, KLO-2607. The vehicle was owned by the second respondent. At the time of the accident, the vehicle was being driven by the first respondent. The third respondent is the insurer. At the time of his death, the late Shri Abdul Khader was aged 28 years, and the appellants were depending entirely on him for sustenance. The loss suffered by his death was assessed by them as Rs. 3,00,000, and a further amount of Rs. 10,000 was claimed for pain and suffering of the deceased.2. The Motor Accidents Claims Tribunal, Ernakulam, awarded an amount of Rs. 40,000 with interest at 6 per cent. from May 25, 1979, on the finding that the first respondent was driving the vehicle rashly and negligently, and that occasioned the accident and the consequent death of Shri Abdul Khader. It was, however, found that since the deceased was...
Tag this Judgment!Nazeema Vs. Sebastian
Court: Kerala
Decided on: Aug-14-1986
Reported in: II(1987)ACC218
Sivaraman Nair, J.1. The appellants are the widow and children of late Shri Abdul Khader, who died as a result of an accident on 25-11-1978 involving a goods vehicle, KLO 2607. The vehicle was owned by the second respondent. At the time of the accident the vehicle was being driven by the first respondent. The third respondent is the insurer. At the time of his death, late Shri Abdul Khader was aged 28 years, and the appellants were depending entirely on him for sustenance. The loss suffered by his death was assessed by them as Rs. 3,00,000/-, and a further amount of Rs. 10,000/- was claimed for pain and suffering of the deceased.2. The Motor Accidents Claims Tribunal, Eraakulam awarded an amount of Rs. 40,000/- with interest at 6 per cent from 25-5-1979, on the finding that the first respondent was driving the vehicle rashly and negligently, and that occasioned the accident and the consequent death of Shri Abdul Khader. It was, however, found that since the deceased was a passenger in ...
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