Kerala Court June 1988 Judgments
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Regional Director, E.S.i. Corpn. Vs. Sakthi Tiles
Court: Kerala
Decided on: Jun-10-1988
Reported in: [1989(58)FLR17]; (1994)IIILLJ1197Ker
Paripoornan, J.1. The Regional Director, E S I Corporation, Trichur, is the appellant in both these appeals. The appeals are preferred against the order passed by the Insurance Case No. 20 of 1986, dated 27-11-1987, and Insurance Case No. 42 of 1986, dated 30-10-1987. It appears that in both these cases, the employer failed to pay the amount due in respect of the contribution payable under the Employees State Insurance Act. The Corporation levied 19 per cent interest as damages on such arrears for the delayed payments. The assessment proceedings were attacked as illegal, unfair and improper before the Insurance Court. The Insurance Court in I.C. 42 of 1986 held that 10 per cent of the contribution may be levied as damages. In I.C. 20 of 1986 the same court held that the employer may be levied damages at the rate of 12 per cent. The Regional Director, E.S.I. Corporation has, in these appeals, questioned the jurisdiction and propriety of the Insurance Court in reducing the damages levied...
Travancore Rayons Ltd. and ors. Vs. Provident Funds Officer, Emp. Prov ...
Court: Kerala
Decided on: Jun-10-1988
Reported in: (1989)ILLJ414Ker
K. Sreedharan, J.1. The same question arises for consideration in these petitions. Therefore, I am disposing of all of them by the common order.2. The Provident Fund Officer, Employees' Provident Funds, lodged prosecutions against the petitioners under Sections 14(2-A) and 14A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act'). The petitioners have approached this Court challenging those prosecutions. The prayers made by them before this Court are:(a) to call for the records leading to Case No. ST. 421 of 1988 pending before the Judicial 1st Class Magistrate, Perumbavoor;(b) to stay the further proceedings in Case No. S.T. 421 of 1988 pending before the Judicial 1st Class Magistrate, Perumbavoor, till the disposal of the above Crl. M.C., and(c) to pass such other reliefs as may be prayed for and this Hon'ble Court may deem fit and proper in the circumstances of the case.3. From the above prayers, it is clear that the petition...
Regional Director E.S.i. Corporation Vs. Sakthi Textiles
Court: Kerala
Decided on: Jun-10-1988
Reported in: 2(1988)ACC459
K.S. Paripoornan, J.1. The Regional Director, E.S.I. Corporation, Trichur, is the appellant in both these appeals. The appeals are preferred against the order passed by the Insurance Court in Insurance Case No. 20 of 1986, dated 27-11-1987, and Insurance Case No. 42 of 1986, dated 30-10-1987. It appears that in both these cases, the employer failed to pay the amount due in respect of the contribution payable under the Employees State Insurance Act. The Corporation levied 19% interest as damages on such arrears for the delayed payments. The assessment proceedings were attacked as illegal, unfaire and improper before the Insurance Court. The Insurance Court in I.C. 42 of 1986 held that 10% of the contribution may be levied as damages. In I.C. 20 the contribution of 1986 same court held that the employer may be levied damages at the rate of 12%. The Regional Director, E.S.I. Corporation has, in these appeals, questioned the jurisdiction and propriety of the Insurance Court in reducing the...
Ayissabi Vs. Gopala Konar
Court: Kerala
Decided on: Jun-09-1988
Reported in: AIR1989Ker134
S. Padmanabhan, J. 1. Suit for specific performance of Ext. Al agreement for sale of 43/4 cents of land was dismissed by the trial court but decreed by the appellate court and defendant challenges the decree. The short but substantial question of law for consideration is whether the plaintiff who repudiated the contract and claimed damages could turn back and seek specific performance. 2. The finding of the trial court on the pleadings and evidence is that plaintiff was in breach of the terms and he was not ready and willing to perform his part of the contract and hence is disentitled not only from getting specific performance but also in getting damages or even return of the advance amount. The appellate court without considering the conduct of the plaintiff and its effect and without considering the readiness and willingness of the plaintiff, decreed the suit solely on the finding that the defendant was at breach. 3. Ext.Al agreement is dated 4-4-1979. It was to sell the property for...
Lakshmy Amma Devaki Amma Vs. Umayamma Karthiyayani
Court: Kerala
Decided on: Jun-02-1988
Reported in: [1989]65CompCas701(Ker)
K.G. Balakrishnan, J.1. The decree-holder in O. S. No. 31 of 1980 on the file of the Sub-Court, Kottarakara, is the revision petitioner. The revision petitioner was a subscriber to a kuri conducted by the respondent. She paid 37 instalments and bid the kuri and demanded the chitty amount from the foreman. The respondent foreman did not pay the amount. The revision petitioner filed a suit for the realisation of the amount and the suit was decreed and E. P. No. 7 of 1981 was filed for realisation of the amount. The revision petitioner filed E. A. No. 146 of 1981 for attachment of the security amount in the hands of the Registrar of Chitties. Notice was served on the garnishee, the Registrar of Chitties. The Registrar of Chitties filed objection stating that in view of Section 15(3) of the Kerala Chitties Act, 1975, the security amount is notliable to be attached by a civil court in execution of a decree. The court below accepted the objection and dismissed the execution application. Revi...
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