Kerala Court December 1988 Judgments
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Oriental Fire and General Insurance Co. Ltd. Vs. Dr. C.S. Gopinathan a ...
Court: Kerala
Decided on: Dec-08-1988
Reported in: 1(1996)ACC390
V. Sivaraman Nair, J.1. The only question involved in these two appeals which are filed by the insurer of a passenger bus bearing registration number KLH 4352 and which was involved in an accident resulting in injuries to the two claimants, respondent No. 1 in each of the appeals, is as to whether the insurer is liable to pay any amount in excess of the statutory limit fixed under Section 95(2) of the Motor Vehicles Act. The Tribunal awarded an amount of Rs. 45,000/- in M.A.C. No. 74/81 which is the subject matter of M.F.A. No. 131/83 and Rs. 13,000/- in M.A.C. No. 75/81 which is the subject matter of M.F.A. No 132/83. The accident which gave rise to those proceedings took place at 8.30 a.m. on 13.6.1978. The claimant in the former application was travelling in his car alongwith his wife from Palghat to Trichur. It collided with the bus belonging to the 2nd respondent near the Indian Oil petrol bunk at Vadakkancherry on the national highway. The wife was the claimant in the other appli...
A.E. George Vs. Suseelan and ors.
Court: Kerala
Decided on: Dec-07-1988
Reported in: II(1989)ACC174
V. Sivaraman Nair, J.1. The claimants in O.P. (M.V) Nos. 90 and 91 of 1982 are the appellants in these two appeals filed under Section 110D of the Motor Vehicles Act. Sri Damodaran, whose legal representatives had filed the latter application, was riding a bicycle. The claimant in the former application was riding on the carrier. While in the national high way infront of the Pulayar Maha Sabha Building at Eramallur, at about 8 PM. on 22-1-1977, a passenger car bearing registration number KLF 9226, hit the bicycle. Both the persons were thrown on the road. Sri Damodaran, the rider of the bicycle, was run over by the car. He died on the spot. The other person sustained injuries. He was removed to the General Hospital where he was under treatment from 22-1-1977 to 10-41977. The parents, the widow and children of the deceased filed O.P. (M.V.) No. 91 of 1982 whereas the injured filed O.P (M.V.) No. 90 of 1982 under Section 110A of the Motor Vehicles Act. The claims were for rupees one lakh...
Kiran Overseas Vs. Assistant Collector of Customs
Court: Kerala
Decided on: Dec-05-1988
Reported in: 1989(22)LC190(Kerala); 1992(61)ELT361(Ker)
T.L. Viswanatha Iyer, J.1. Pursuant to proceedings initiated under Section 124 of the Customs Act, 1962, the Collector of Customs, Cochin called upon the petitioner, an exporter, to make payment of Rs. 7,32,477.44 as duty, besides imposing a penalty of Rs. 3 lakhs. The petitioner challenged the order in appeal before the Customs, Central Excise and Gold (Control) Appellate Tribunal, South Regional Bench at Madras. The Tribunal allowed the appeal by order dated 20-6-1988, a copy of which is Ext. P 1. The demand for payment of duty, as also the imposition of penalty were both set aside.2. Pending appeal, and in compliance with an interim order of the Tribunal on an application for stay made before it, the petitioner made deposit of an amount of Rs. 3.5. lakhs towards the demand, and furnished security by way of bank guarantee for Rs. 8 lakhs. But virtue of the order Ext. PI of the Tribunal, the petitioner became entitled to refund of the amount of Rs. 3.5 lakhs, as also for revocation of...
T.V. Alexander Vs. Gift-tax Officer and ors.
Court: Kerala
Decided on: Dec-02-1988
Reported in: [1989]176ITR251(Ker)
K. Sukumaran, J. 1. The petitioner is a donee under a gift, exhibit P-l, executed way back on March 6, 1972. He must consider himself fortunate that he has been the owner of a substantial item of property and could have its enjoyment without any monetary investment from his private funds. When the transaction is exigible to gift-tax, naturally, tax has to be paid. The assessee is the donor. An assessment was made. Tax was determined. But it was not paid. The assessing authority took more than 15 years to realise the irrecoverability of the tax due from the donor who is none other than the mother of the petitioner. She had apparently paid Rs. 1,400. Still further amount remains due. Recovery proceedings were thereafter pursued invoking Section 29 of the Act. Thereunder, the liability is cast on the donee for the payment of tax when the donor has defaulted in the same. The Section is eminently just and reasonable. He who has been given a substantial item of property should not hesitate p...
St. George I.T. Centre Vs. George K. John
Court: Kerala
Decided on: Dec-02-1988
Reported in: (1989)IILLJ331Ker
Sivaraman Nair, J.1. The Managing Trustee of an Industrial Training Centre assails Ext. P 3 order of the Deputy Labour Commissioner, Ernakulam, directing payment of subsistence allowance to the 1st respondent for the period of his suspension from 2nd July 1983 to 16th December 1983. The 1st respondent who was an Instructor on a consolidated remuneration of Rs. 275 was so appointed on 10th August 1981. He was placed under suspension on 2nd July 1983. After completing a disciplinary inquiry into allegations of misconduct, he was dismissed from service on 16th December 1983. Counsel for the petitioner submits that Ext. P 3 is bad in its assumptions that the petitioner was 'employer' as defined in Section 2(b) of the Kerala Payment of Subsistence Allowance Act, 1972 or 'establishment' as defined in Section 2(c) of the Act. It is also his submission that the 1st respondent is not an 'employee' as defined in Section 2(a) of the Act. Another submission which he makes is that Ext. P 3 order wa...
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