Kerala Court September 1986 Judgments
R. Nagarajan and Company Vs. State of Kerala
Court: Kerala
Decided on: Sep-30-1986
Reported in: [1987]65STC34(Ker)
K.S. Paripoornan, J.1. In these two revisions, the same assessee is the revision petitioner. He is a dealer in tin sheets, tin plates, etc. According to him, the turnover relating to the said goods can be assessed only under item 3(ii)(i) of the Second Schedule and taxable at 4 per cent to the Kerala General Sales Tax Act. The assessing authority was wrong in holding that the tin sheets and tin plates dealt with by the assessee will fall under item 116 of the First Schedule to the Kerala General Sales Tax Act and can be taxed at 8 per cent. This plea put forth by the assessee was not accepted by the Appellate Assistant Commissioner and also by the Appellate Tribunal. The appeals filed by the assessee were dismissed. The assessee has come up in revisions.2. The learned counsel for the assessee contended that the Tribunal was in error in holding that the turnover of tin plates and tin sheets, etc., by the assessee, can be taxed at 8 per cent under item 116 of the First Schedule to the Ke...
Tag this Judgment!Regional Director, Employees' State Insurance Corporation Vs. Kerala K ...
Court: Kerala
Decided on: Sep-30-1986
Reported in: (1987)IILLJ508Ker
Kochu Thommen, J.1. This appeal by the Regional Director, E.S.I. Corporation, Trichur, arises from the order of the Employees' Insurance Court, Alleppey in Insurance Case No. 111 of 1977. The Court held that the respondent, Kerala Kaumudi Ltd., Pattah, Trivandrum, was not liable to comply with the provisions of the Employees' State Insurance Act, 1948 in respect of the employees engaged in the canteen attached to the Kerala Kaumudi's Staff Employees' Club. The court accordingly set aside Exts. P10, P11 and P13 proceedings of the appellant.2. The respondent is the publisher of the newspaper 'Kerala Kaumudi'. The appellant directed the respondent to comply with the provisions of the Act and the scheme framed thereunder to bring the employees engaged in the work of the canteen within the statutory coverage. The respondent moved the Employees' Insurance Court for a declaration that the persons engaged' in the canteen do not come within the protection of the Act and the scheme.3. The Kerala...
Tag this Judgment!Shanmughan Vs. Paul and ors.
Court: Kerala
Decided on: Sep-25-1986
Reported in: 1988CriLJ66
ORDERK.T. Thomas, J.1. The owner of a building situated at Viyyur (Trichur) filed a petition before the Sub Divisional Magistrate (Executive), Trichur complaining that his building is in a very dangerous condition and is likely to fall down. Upon the said petition, proceedings have been initiated by the Sub Divisional Magistrate under Section 133 of the Cr. P.C. (for short 'the Code'). He obtained a report from the police in regard to the allegations in the petition. On 20-11-1984 the Sub Divisional Magistrate passed a conditional order calling upon the owner of the building as well as the occupants thereof to pull down the entire building immediately and if they object in doing so, they were directed to appear before him to show cause why the order should not be made absolute. One of the occupants, the 2nd respondent herein, filed objections before the Sub Divisional Magistrate, in which among other things, he contended that the owner of the building has been trying to evict the tenan...
Tag this Judgment!The Chairman, Calicut-wyanad Motor Services (Pvt.) Ltd. Vs. State of K ...
Court: Kerala
Decided on: Sep-23-1986
Reported in: AIR1987Ker21
ORDERSukumaran, J.1. Calicut-Wyanad Motor Service (Private) Limited, the petitioner, has contributed much to the motor vehicle 'jurisprudence.' (See Calicut Wyanad Motor Service (P) Ltd., v. Government of Kerala : AIR1959Ker347 . Calicut Wyanad Motor Service (P) Ltd., v. R. T. A. : AIR1957Ker13 , Calicut Wyanad Motor Service (P) Ltd. v. S. T. A. T. : AIR1958Ker19 and Calicut Wyanad Motor Service (P) Ltd. v. S. T. A. T. : AIR1974Ker129 It has now come to the court to protect a cause common to many in the industry facing the same difficulty.2. The petitioner applied for registration of a motor vehicle. (No date is seen in the application; Ext. P1 nor is it indicated in the index to the Original Petition. Such inadequacies in the preparation of the original petition are of such a distressing proportion that the office is unable to detect them while hurriedly processing many petitions a day, and quite a few even for the 'afternoon motion'.) The registration fee is evidently remitted on 21-...
Tag this Judgment!General Traders Ltd. and anr. Vs. Pierce Leslie (India) Ltd. and ors.
Court: Kerala
Decided on: Sep-12-1986
Reported in: AIR1987Ker62
Thomas, J. 1. Will the liability of a carrier of goods by sea cease on discharge of the cargo from the tackles of the vessel Can the owner of a ship escape liability, if the ship is chartered by another under a Charter Party Whether the defendants are entitled to the defence of 'act of God' in this particular case These are the broad questions to be answered in these two connected appeals, though of course, some other ancillary questions also call for determination. A Division Bench of this Court, which heard these appeals, referred them to a Full Bench as the questions involved are 'generally important enough to be considered by a Full Bench.'2. Briefly stated, the facts are as follows : 'S. S. Lucky Three of Panama Flag' is a vessel owned by the first defendant, Wing on Steamship Company, which carries on business at Hongkong among other places. The said vessel was chartered by M/s. General Traders Limited (2nd defendant), a West Indies based concern, under Charter Party dated 8-1-19...
Tag this Judgment!Commissioner of Income-tax Vs. T.A.V. Trust
Court: Kerala
Decided on: Sep-09-1986
Reported in: (1987)65CTR(Ker)170; [1987]166ITR848(Ker)
Kochu Thommen, J.1. The following question in ITR Nos. 48 and 49 of 1980 has been, at the instance of the Revenue, referred to us by the Income-tax Appellate Tribunal, Cochin Bench :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that a valid trust came into existence in pursuance of the document dated August 17, 1971, and whether the Tribunal was justified in holding that the assessments for the years 1973-74 and 1974-75 on the trustees had to be made in accordance with the provisions of Section 161 of the Income-tax Act, 1961 ?'2. Pursuant to the direction of this court in O.P. No. 2903 of 1980, the following additional questions in ITR Nos. 130 and 131 of 1981 have also been referred to us by the Tribunal :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law and fact in holding that 'there is only one transfer and that was from the donor to the trust. There was no gift to the minors directly'...
Tag this Judgment!Kochu Kunju and ors. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Sep-09-1986
Reported in: (1987)ILLJ280Ker
Malimath, C.J.1. The petitioners in all these cases were admittedly in contingent service as on the 7th of April, 1970. Some of them were in contingent service on part-time basis and others were in contingent service on full time basis on the said date. Subsequently, their services were regularised by the Government by its order No. G.O.(P) 133/7I/Fin, dated: 26th March 1971 with effect from 1st April 1971. When they were sought to be retired from service on attaining the age of superannuation of fifty-five years, they have come to this Court with the respective Original Petitions under Article 226 of the Constitution of India for a direction to the respondents not to retire them from service on attaining the age of 55 years on the ground that they are entitled to remain in service until they complete 60 years of age, they not having attained the age of 60 years. This claim is made by them on the ground that Clause (b) of Rule 60 of Part I of the Kerala Service Rules, hereinafter refer...
Tag this Judgment!Kuttan Sudhakaran Vs. Padmavathi Amma Laila Bai and ors.
Court: Kerala
Decided on: Sep-08-1986
Reported in: AIR1987Ker94
S. Padmanabhan, J.1. Ext. A1 is a lease deed on 1105 for two cents of land in favour of 4th defendant Parameswaran and his fatherKuttan. Kuttan died. Defendants 1 to 3 got assignment of the lessor's right. Impleading 4th defendant as the 1st defendant and the other legal representatives of Kuttan as defendants 2 to 4. O.S. 209/58 was filed by defendants 1 to 3 before the munsiff's Court, Alleppey for recovery of possession with arrears of rent. Defendants 2 to 4 remained ex parte. First defendant alone contested. The suit was decreed evidenced by Ext. B2 judgment. First defendant (fourth defendant here) alone filed appeal. Respondents were plaintiffs alone. Defendants 2 to 4 were not parties to the appeal. Appeal was allowed in part accepting the contention of the appellant based on Section 106 of the Land Reforms Act. Prayer for'eviction was refused. Ext. A3 is the judgment. Plaintiffs (defendants 1 to 3 here) filed S.A. 887/65 against the 1st defendant alone (D4 here). Appeal was all...
Tag this Judgment!Kadapurath Illam Khalid Vs. Beemapura Palamkakkada Sulekha and ors.
Court: Kerala
Decided on: Sep-05-1986
Reported in: AIR1986Ker251
Radhakrishna Menon, J. 1. We are seized of the appeal, having been referred to us by a Division Bench.2. The short question arising for consideration is whether Ext. B20 judgment dated 22-3-1971 operated as res judicata, debarring the appellant from maintaining the suit, O. S. No. 6 of 1975 in the Court of the Subordinate Judge, Lakshadweep, Kavarathi from which the above appeal arises. The suit is by the Karanavan of Kadapurath Illom Tharwad (for short the tharwad) on his behalf and on behalf of tharwad for recovery of possession of plaint A schedule property with mesne profits past and future, and for a permanent injunction restraining defendants 1 to 10 from trespassing upon plaint-B schedule property and plucking the coconuts from the trees standing thereon or alternatively, if it is found that the B schedule property in its entirety or any portion thereof is in the possession of defendants 1 to 10, to have the same recovered with mesne profits.3. A resume of facts relevant lies in...
Tag this Judgment!Kerala State Electricity Board Vs. Kamalakshy Amma
Court: Kerala
Decided on: Sep-05-1986
Reported in: AIR1987Ker253
Thomas, J.1. One Krishnan Nair and Appu Nair was a member of the Piravom Panchayat. He left his house during the early hours on 13-12-1982 to have a dip in a nearby canal, without any premonition that he would be entrapped by the death warrant so imminently. A live wire, snapped out of the cup joint on an electric post, was lying on the road and Krishnan Nair accidentally came across with the live wire and he slumped down and breathed his last. Thus his life was snuffed in a trice. His aged mother, his widow and children initiated action against the Kerala State Electricity Board (for short the KSEB) for damages on account of his death, alleging that the KSEB was negligent in maintaining the electric line under their management on the route concerned. The trial court accepted the case and gave a decree for Rs. 75,0007-with interest and costs. The KSEB, aggrieved by the aforesaid decree has filed this appeal.2. The plaint averments show that Krishnan Nair was a man of good health, doing...
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