Kerala Court April 1988 Judgments
A. Vilasini and ors. Vs. K.S.R.T.C. and anr.
Court: Kerala
Decided on: Apr-08-1988
Reported in: II(1988)ACC584; AIR1989Ker95
Shamsuddin, J.1. The petitioners in O.P. (MV) No. 689 of 1982 on the file of the Motor Accident Claims Tribunal, Trivandrum, are the appellants in this appeal. They are legal heirs of the one Johnson, who died on 29-5-1982 in an accident. Deceased Johnson was standing by the side of Poovar-Vizhinjam road at about 9.30 p.m. A passenger bus KLX 2794 came from north in a rash and negligent manner through the wrong side. On seeing the vehicle, one Simon who was standing near the deceased pushed him on the road forcibly and Johnson was run over by the bus and consequently he died instantaneously. The petitioners averred in the petition that the deceased was the proprietor of a plantain leaf shop, earning a monthly income of Rs. 1,000/- that he used to spend Rs. 700/- per mensem to his family, that he was only 34 years old at the time of his death, that but for the accident he would have lived at least up to 70 years and that the death of the deceased caused very serious pain, mental agony a...
Tag this Judgment!P.V. Chandran Vs. Malabar and Pioneer Hosiery P. Ltd. and anr.
Court: Kerala
Decided on: Apr-08-1988
Reported in: [1990]69CompCas164(Ker)
Sivaraman Nair, J. 1. This is an appeal filed under Section 155(4) of the Companies Act, 1956, by the applicant in C, P, No. 4 of 1983 (P. V. Chandran v. Mala bar and Pioneer Hosiery P. Ltd. [ 1985] 57 Comp Cas 570) against the judgment of the learned company Judge dismissing his application which was filed under Section 155(2) of the Act. 2. The first respondent is a private limited company registered under the Companies Act, 1956. It has an authorised share capital of Rs. 5,00,000, divided into 5,000 shares of Rs. 100 each. 3,000 shares have been subscribed and paid up. The second respondent was a shareholder having 705shares. The controversy which led to this appeal involves the transfer of those shares. The relevant facts are as follows : The appellant purchased those 705 shares from the second respondent. By exhibit A-2 dated November 10, 1983, the second respondent informed the first respondent about the sale of her shares to the appellant. She requested that the transfer of shar...
Tag this Judgment!Padinjarekara Agencies (P.) Ltd. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Apr-08-1988
Reported in: (1988)71CTR(Ker)108; [1988]173ITR637(Ker)
K.S. Paripoornan, J.1. These two cases were heard along with ITR Nos. 214 to 217 of 1985, 316 and 317 of 1980, 207 and 208 of 1980, 89 of 1986 and O.P. No. 5842 of 1981. All these are connected cases. The main point that arises for consideration in these cases is the same, viz., whether certain business transactions which the assessee-company, Padinjarekara Agencies (P.) Ltd., had with Padinjarekara Corporation, a firm, are sham and the income arising from such transaction is to be assessed in the company's hands. The Appellate Tribunal held so, for the assessment years 1970-71 and 1971-72. ITR Nos. 32 and 33 of 1981 relate to the assessment years 1970-71 and 1971-72. The said references are at the instance of the assessee. ITR Nos. 214 to 217 of 1985 are at the instance of the Revenue for the assessment years 1972-73, 1973-74, 1974-75 and 1977-78, since for these years the Appellate Tribunal which heard the appeals for these years, by order dated March 31, 1983 and by order dated May,...
Tag this Judgment!Christian Welfare Centre and anr. Vs. Sebastian and ors.
Court: Kerala
Decided on: Apr-08-1988
Reported in: 2(1988)ACC363
V. Sivaraman Nair, J.1. Three female employees of the Christian Welfare Centre, Malappuram, who were travelling in an Ambulance Van registered as KLM 1566 belonging to the centre were involved in an accident on 25-11-1981. One of them, Soumini, was a Health Assistant. He was aged 21 years at the time of the accident. She died as a consequence of the injuries sustained by her. Her mother, two sisters, and a brother filed M.A.C. No. 28 of 1982 claiming an amount of Rs. 50,000/- as compensation. The driver, owner and insurer of the vehicle were the respondents. The applicants alleged that it was due to the rash and negligent manner in which the first respondent in the application drove the vehicle that the accident occurred. In the written statement, the respondents denied negligence on the part of the driver. They stated that the deceased was not a permanent employee and that the income and her prospects were highly exaggerated. The claimants examined three witnesses and produced seven d...
Tag this Judgment!Divakaran Thompan Vs. Raman Narayanan
Court: Kerala
Decided on: Apr-07-1988
Reported in: 2(1988)ACC535
Sivaraman Nair, J.1. This appeal arises from the order of the Commissioner for Workmen's Compensation, Ernakulam, in W.C.C. No. 51 of 1980. The husband of the respondent herein fell from a palm tree while he was tapping toddy on 10-6-1978 as an employee of the appellant. He sustained serious injuries, was hospitalised and was permanently disabled.2. Claiming that he was an employee of the appellant as a toddy tapper attached to toddy shops No. 37, of which the appellant was the contractor on 10-6-1978, he filed the application for compensation for permanent and total disability. He asserted that his monthly wage was Rs. 750/-. He, therefore, claimed Rs. 33,600/- as compensation. He supported his application by his sworn statement, which was recorded by the Commissioner. In his written statement, the appellant denied his accident as also his liability. He also asserted that the applicant was not in the court of appellant's employment at the time when the accident was alleged to have hap...
Tag this Judgment!United India Insurance Company Limited Vs. Puthalan Kammad
Court: Kerala
Decided on: Apr-07-1988
Reported in: 2(1988)ACC318
V. Sivaraman Nair, J.1. The owner and insurer of a passenger car bearing registration KLM 3013 have filed this appeal under Section 110 of the Motor Vehicles Act from the award of the Motor Accidents Claims Tribunal, Manjeri in M.A.C. No. 251 of 1981. They were respondents 3 and 2 respectively before the Tribunal in the application filed by the first respondent under Section 110A of the Motor Vehicles Act.2. The short facts which led to this appeal are as follows: The first respondent herein, who is the applicant before the Tribunal and will be referred to in this judgment as the claimant, was knocked down by the car driven by the second respondent at about 10 00/- p.m. on 23-8-1979 at Pazhayangaid near Kondotty. At that time, he was riding a bicycle from east to west along the southern side of the road. The passenger car, KLM 3013 came from the opposite direction in a rash and negligent manner and knocked down the bicycle and the claimant. Consequent on the injury sustained by him, hi...
Tag this Judgment!Travancore Rayons Ltd. Vs. Registrar of Companies
Court: Kerala
Decided on: Apr-05-1988
Reported in: [1988]64CompCas819(Ker)
V. Kalliath, J. 1. Travancore Rayons Ltd. is the applicant. The applicant came up before this court under Section 536(2) of the Companies Act, 1956. This section provides that in a winding up, any disposition of property of a company made, after the commencement of the winding up, shall, unless the court otherwise orders, be void. Three winding-up petitions are pending against the applicant-company. They are C.P. Nos. 15 of 1984, 21 of 1985 and 2 of 1986, All these petitions for winding up the company are on the ground that the company is unable to pay its debts.2. In the application, the company submits that the company was registered under the Indian Companies Act, 1913, with its registered office at Rayonpuram, Perumbavoor, Kerala State. The company was incorporated on July 19, 1945, and it commenced its business in March, 1946. It was carrying on its business profitably during its early years. In 1975, there was an unprecedented strike by the workers lasting for about six months an...
Tag this Judgment!Kathayee Cotton Mills Ltd. Vs. District Labour Officer and ors.
Court: Kerala
Decided on: Apr-05-1988
Reported in: (1989)ILLJ417Ker
P.C. Balakrishna Menon, J.1. This original petition is to quash exhibit P-7 award of the 1st respondent, the District Labour Officer, Ernakulam, passed in pursuance of an agreement, exhibit P.5, to refer the industrial dispute for decision by the 1st respondent as arbitrator. Two workmen in the service of the petitioner company were dismissed from service after a domestic enquiry on the finding that the workmen were guilty of the misconduct charged against them. Respondents Nos. 2 and 3, trade unions, espousing the cause of the workmen raised an industrial dispute. While conciliation proceedings were pending before the Regional Joint Labour Commissioner, Ernakulam, both parties entered into exhibit P-5 agreement as (sic) the terms of which the dispute was to be referred for the decision of the District Labour Officer, Ernakulam. Paragraphs 1 and 2 of exhibit P-5 are extracted below:(1) Both parties agreed to leave the following issue to the decision of the District Labour Officer, Erna...
Tag this Judgment!M.K. Govinda Pillai Vs. Secretary, Central Board of Ex. and C.
Court: Kerala
Decided on: Apr-04-1988
Reported in: 1989(20)ECC61; 1989(40)ELT331(Ker)
T.L. Viswanathan Iyer, J.1. Petitioner gave information to the Customs Department about the possibility of an attempt to smuggle gold at Chettuvaion 10-1-1969 by a vessel Saraswathy. The Department made enquiries through one V.K.S. Menon, Preventive Officer, and after discussion with the petitioner, requisitioned the assistantee of the Navy at Cochin for the purpose of patrolling the area near Chettuvai on the appointed date with a view to effect seizure of the vessel. In the process, a craft by name Anwar was searched and it was found carrying 40,000 tolas of contraband gold and 4998 wrist watches. The articles were seized.2. On 27-1-1969 a reward of Rs. 25,000/- was provisionally awarded to the petitioner in relation to this seizure. As per the rules governing award to informers, embodies in the standing orders, there was a discretion vested in the Collector to grant rewards to informers upto Rs. 15/- per tola of gold and upto 10% of the estimated market value in India of the confisc...
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