Kerala Court November 1987 Judgments
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Das Agencies and anr. Vs. State of Kerala
Court: Kerala
Decided on: Nov-17-1987
Reported in: [1988]69STC44(Ker)
P.C. Balakrishna Menon, J.1. Heard also the learned Advocate-General who took notice on behalf of the respondents.2. The petitioners in both the original petitions are dealers registered under Section 13 of the Kerala General Sales Tax Act, hereinafter referred to as 'the Act'. They challenge Sub-section (2A) of Section 5 of the Act introduced by the Kerala Finance Act 18 of 1987.3. Subject to the exceptions mentioned in the proviso, Clause (i) of Sub-section (2A) imposes what is called a turnover tax at the rate of half per centum on the turnover of goods coming under the First or Fifth Schedule to the Act of every dealer whose total turnover in a year exceeds Rs. 25 lakhs. Clause (i) of Sub-section (2A) omitting the proviso is extracted below :Notwithstanding anything contained in this Act or the rules made thereunder, every dealer whose total turnover in a year exceeds rupees twenty-five lakhs shall pay turnover tax at the rate of half per centum on the turnover of goods coming unde...
T. Job, General Secretary, Kerala Panchayat Employees' Association Vs. ...
Court: Kerala
Decided on: Nov-17-1987
Reported in: (1988)IILLJ299Ker
K. Sreedharan, J.1. Petitioner is the General Secretary of the Kerala Panchayat Employees' Association. This Association is one registered under the Trade Union Act. The grievance voiced by the petitioner is as follows:The Government revised the pay scales of full-time and part-time contingent employees of Panchayats with effect from 1st July 1978. That order was silent with regard to the Dearness Allowance payable to the full-time contingent employees of panchayats. Dear-ness Allowance is based on the salary. Contingent employees are entitled to Dearness Allowance on the basis of the revised pay scales. By Exts. p. 2 to p. 4 orders the Government revised the rates of Dearness Allowance to Government Employees. The Dearness Allowance so revised based on the pay scales was being paid to the full-time contingent employees of the Panchayats till 14th October 1981. The State Government issued Ext. p. 5 under on 14th October 1981 reducing the rates of Dearness Allowance applicable to full-t...
State Vs. P. Sugathan, S.i. of Police
Court: Kerala
Decided on: Nov-17-1987
Reported in: 1988CriLJ1036
ORDERChettur Sankaran Nair, J.1. This is an application by State under Section 439(2) of the Code for cancelling bail granted to the respondent by the Court of Session, Alleppey in Crl. M.P. 361/87.2. Respondent while working as Sub-Inspector of Police, is alleged to have caused the death of one Soman on 19-7-87. Police registered a case and on 7-8-87, respondent was arrested. Court below released him on bail.3. Reason for granting bail is that respondent would be prejudiced in his defence, if he was not released. Court below said:It is seen that the investigation of the case is almost complete... It is time that the petitioner who as per the principle of law has to be presumed to be innocent till the charge against him is proved, must be given an opportunity to defend his case properly.The 'presumption' of innocence is not a relevant consideration; for grant of bail. If investigation is likely to be impeded or evidence likely to be tampered with, or accused likely to flee justice, bai...
Kerala State Electricity Board Vs. Thressaia and ors.
Court: Kerala
Decided on: Nov-12-1987
Reported in: 1(1989)ACC219
V.S. Malimath, C.J.1. This appeal is against the judgment of Kerala State Electricity Board. The jurisdiction of this Court was invoked by Smt. Thressia, the widow of Sri Lazar, an agricultural labourer, by sending a letter to a learned Judge of this Court. The letter was registered as a petition Under Article 226 of the Constitution. Sri Lazar was electrocuted on 5th October 1979 when he came in contact with the live power line which snapped as a result of the failing of a cadjan leaf of coconut plant. If the wire was of sufficient thickness as required by the rules, the same would not have snapped and Sri Lazar would not have died as a result of the accident. The widow made several representations for claiming exgratia payment, which the Board has decided to give in such cases subject to a maximum of Rs. 3,000/-. The authorities however did not act promptly to investigate her claim and accord to her the benefit of ex-gratia payment. It is in this background, having felt helpless that...
Gopala Mannadiar Vs. Tulasi Ammal and ors.
Court: Kerala
Decided on: Nov-11-1987
Reported in: AIR1989Ker123
1. Plaintiff is the appellant. Plaintiffs suit on the strength of a promissory note was decreed by the trial Court and reversed by the lower appellate Court. The promissory note is alleged to have been executed by the 1st defendant and his deceased wife Kaliyammal Koundachi in favour of the plaintiff. Kaliyammal Koundachi's legal heirs are the other defendants. Defendants 1 and 6 filed written statement supporting the suit claim. Defendants 2 to 5 filed written statement denying the execution of the promissory note. Besides Ext. A-2 acknowledgment plaintiff relied on the endorsement in Ext. A-1 promissory note to save limitation. The trial Court held that the evidence regarding the endorsement hay not been satisfactorily proved. Despite that finding the trial Court decreed the suit on the basis of the averments in Ext. A-2 will executed by Kaliammal Koundachi acknowledging the promissory note. The finding that the endorsement in the pronote has not been satisfactorily proved has become...
Deputy Commissioner of Sales Tax Vs. Rani Food Products
Court: Kerala
Decided on: Nov-11-1987
Reported in: [1988]68STC446(Ker)
M. Fathima Beevi, J.1. The tax revision case under Section 41 of the Kerala General Sales Tax Act, 1963 read with Rule 41(1) of the Kerala General Sales Tax Rules, 1963 is filed by the Deputy Commissioner of Sales Tax. The respondent-assessee is a dealer in sambar powder, meat masala, pickle powder, etc. The sales turnover of these powders were assessed to tax in the assessment year 1983-84 at the rate of 8 per cent treating the same as 'spices'. The appeal filed by the assessee before the Appellate Assistant Commissioner of Agricultural Income-tax and Sales Tax failed. In second appeal by the assessee the Tribunal held that these powders could not be treated as spices but only as general goods taxable at the general rate of 4 per cent. Aggrieved by the decision of the Tribunal the Revenue has filed the tax revision case.2. According to the Revenue, the three curry powders constituted mainly ingredients like chilly and coriander which are liable to be assessed at the rate of 8 per cent...
Bhaskaran Vs. George Joseph
Court: Kerala
Decided on: Nov-10-1987
Reported in: AIR1988Ker255
M.N. Pareed Pillay, J. 1. Appellant's suit for specific performance of a contract though decreed by the Munsiff was reversed by the Sub Judge.2. Plaintiff sold the property to the defendant for a consideration of Rs. 2,300/- as per Ext.B2 dated 24-2-1973. It is the case of the plaintiff that the sale deed was executed on condition that the property should be resold to the plaintiff within a period of one year on payment of Rs. 3,250/- and that along with the execution of the sale deed a separate agreement was also entered into between the parties. The suit was resisted by the defendant contending that when he went to the Sub Registry Office for getting the sale deed executed in his favour the plaintiff demanded some more amount, that he was not agreeableto pay the same, that the plaintiff asked him whether he was prepared to re-sell the property within one year, that he replied that he would consider it later, that as a condition precedent for executing the sale deed the plaintiff insi...
State of Kerala Vs. E.C. Elsy and ors.
Court: Kerala
Decided on: Nov-06-1987
Reported in: AIR1988Ker69
Maumath, C. J.1. The short point that arises for consideration in this appeal is whether the State is liable to pay salary to a teacher whose preferential right for appointment under Rule 51A of Chap. XIV A Kerala Education Rules is denied by the Manager of the aided school by appointing someone else in that vacancy and the said teacher drawing his salary from the Government.2. We shall now briefly state the necessary facts. The first respondent was appointed by the respondent 5 Manager, J. P. E. High School, Trichur which receives aid from the Government under the Kerala Education Act, 1958, (hereinafter referred to as the 'Act') and the Rules made thereunder, as High School Assistant. For want of vacancy, the services of the first respondent stood terminated with effect from 15-7-1969. An additional post of High School Assistant was sanctioned for the said school with effect from 15-7-1977. The first respondent, by virtue of Rule 51A of Chap. XIV A of the Rules had a preferential rig...
P.P. Raghavan Vs. State of Kerala and ors.
Court: Kerala
Decided on: Nov-06-1987
Reported in: AIR1988Ker73
Balakrishna Menon, J. 1. The point for determination in this writ appeal relates to the interpretation of Rule 45 of Chap. XIV-A Kerala Education Rules. The contest is between the appellant and respondent 6 relating to their respective claims for appointment as the Headmaster of a complete Upper Primary School.2. The requisite qualification for appointment as an Upper Primary School Assistant as provided for in Rule 3 of Chap. XXXI of the K.E.R. is a pass in S.S.L.C. Examination or its equivalent and T.T.C. Examination conducted by the Commissioner for Government Examinations, Kerala or the other alternative qualifications mentioned therein. Both the appellant and respondent 6 were appointed as U. P. School Assistants in the Ramaguru U. P. School, Puzhathi represented by its Manager, respondent 5 in the appeal. Both the teachers had the S.S.L.C. and T.T.C. qualification at the time of their appointment as Assistants in the School. The appellant was appointed on 4-9-1958 as U. P. School...
P. Bhaskaran and ors. Vs. Additional Secretary, Agricultural (Co-opera ...
Court: Kerala
Decided on: Nov-06-1987
Reported in: AIR1988Ker75; [1989(58)FLR78]; (1988)IILLJ307Ker
Bhaskaran Nambiar, J. 1. Inter pretation of Rule 200 of the Kerala Cooperative Societies Rules arises for consideration in all these matters, referred to a Full Bench, by different Benches which noticed an 'apparent conflict' between twq Division Bench rulings of this Court in Narayanan Nair v. Kottayam Dist. Co-op. Bank, 1984 Ker LT 248 and Krishnankutty Nair v. Joint Registrar, 1984 Ker LT 788. A proper understanding of the content of Rule 200 disposes of all these matters and we shall, therefore, first confine our attention to this question of law and then dispose of the matter on the facts in each case.2. The Kerala Co-operative Societies Act ('The Act') meant to 'consolidate, amend and unify the laws relating to Co-operative Societies in the State of Kerala' came into force on 12th May, 1969. Section 80 of the Act provided for classification of the Societies and for making rules 'regulating the qualification, remuneration, allowances and other conditions of service of the officers...
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