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Kerala Court July 1988 Judgments

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Jul 14 1988

New Kerala Roadways Pvt. Ltd. (In Liquidation) Vs. K.K. Nanu and anr.

Court: Kerala

Decided on: Jul-14-1988

Reported in: [1989]66CompCas715(Ker)

K. John Mathew, J.1. Both these claims are filed by the official liquidator who is the liquidator of New Kerala Roadways (P.) Limited in liquidation. Both these claims are for realising unpaid call amounts together with interest thereon. In C. C. No. 205 of 1987, the amount claimed is Rs. 1,088 made up of the principal amount of Rs. 680 and interest Rs. 408. In C. C. No. 210 of 1987, the amount claimed is Rs. 3,008 made up of the principal amount of Rs. 1,880 and interest Rs. 1,128.2. The contentions raised by the respondents are similar. Since similar questions are raised, these claims are disposed of by this common judgment.3. According to the respondents, the claims are barred by limitation. According to them, Article 137 of the Limitation Act applies and the prescribed period is 3 years from the date of the winding up order. There is a further contention that there was no proper resolution by the board of directors for making the call.4. The date of commencement o! the winding up i...


Jul 13 1988

Assistant Collector of C. Ex. Vs. K.i. Pavunni

Court: Kerala

Decided on: Jul-13-1988

Reported in: 1988(17)ECC361; 1988(18)LC498(Kerala); 1989(39)ELT38(Ker)

K.T. Thomas, J.1. Two hundred gold biscuits were disinterred from the residential compound of the respondent when a team of Customs Officers conducted raid on 6-12-1980. The biscuits had marks to indicate that they were of foreign origin. The total value of them exceeded rupees forty lakhs, as per the price prevailed then. The respondent was prosecuted for the offences under Section 135(1) of the Customs Act, 1962 (for short 'the Customs Act') and Sections 85(1) (a) and 86 of the Gold (Control) Act, 1968. The trial court acquitted him mainly on the ground that the prosecution did not prove that the contraband gold articles were in the conscious possession of the respondent. This appeal is by the Assistant Collector of Central Excise, who filed the complaint in the lower Court.2. The respondent (the accused in this case) is the Managing Partner of a firm dealIng In stationery articles. His residence is on St. Vincent's Cross Road, Ernakulam. The officers of the Central Excise and the Cu...


Jul 05 1988

Alok Spices Vs. Deputy Commissioner (Appeals), Sales Tax and Agricultu ...

Court: Kerala

Decided on: Jul-05-1988

Reported in: [1988]71STC347(Ker)

K.S. Paripoornan, J.1. The petitioner in 0. P. No. 4607 of 1988 is the appellant in this writ appeal. The Revenue is the respondent. The appellant was provisionally assessed for the month of January, 1988, as per exhibit P6 order dated 26th March, 1988. An appeal was filed from the said order, before the first respondent. It is exhibit P7. A petition for stay was also filed. The first respondent, by exhibit P9 order dated 20th May, 1988, directed the appellant to remit 50 per cent of the tax and also directed to furnish security for the remaining amount. In the original petition, the petitioner/appellant attacked exhibit P9 as illegal. He also prayed for the issue of a writ of mandamus directing the first respondent to consider and dispose of exhibit P7 appeal on merits and also for a direction to the second respondent not to initiate proceedings for recovery of amounts till the disposal of exhibit P7 appeal. A learned single Judge of this Court, by judgment dated 10th June, 1988, dism...


Jul 01 1988

K.P. Sukumaran Vs. Union of India (Uoi) and ors.

Court: Kerala

Decided on: Jul-01-1988

Reported in: (1990)ILLJ326Ker

Bhaskaran Nambiar, J.1. Is conviction under the Gambling Act a disqualification for appointment? Fertilisers and Chemicals, Travancore Ltd., (F.A.C.T.), Cochin Division, a public sector undertaking, thinks, it is; the petitioner-appellant thinks otherwise. That is how the matter has reached this Court.2. In December, 1977, F.A.C.T. invited applications for the posts of Typist Clerks. The petitioner-appellant was an applicant. There was no prescribed form and the petitioner-appellant submitted an application in his own hand, stating his qualifications and experience and enclosing the relevant certificates. He sat for a written test, submitted to a typing test and faced an interview in May, 1979. In June 1979, the company informed the petitioner-appellant that they had the pleasure in offering him the appointment as Typist-Clerk. He was told that his appointment would be subject to the conditions that he was and continued to be medically fit and that he did not have more than one spouse ...


Jul 01 1988

Gopalakrishnan and ors. Vs. the State

Court: Kerala

Decided on: Jul-01-1988

Reported in: 1989CriLJ727

ORDERK. Sreedharan, J.1. Petitioners, 20 in number, are accused in S.C. 67/87 pending before the Assistant Sessions Judge's Court, Kottarakkara. They stand charged with offences under Sections 143, 147, 148, 332, 307 and 427, IPC and also under Sections 2(1)(a) and 3 of the Prevention of Damages to Public Property Act. The case was posted for trial from 6-6-1988 onwards. The Assistant Public Prosecutor filed Criminal M.P. No. 144/88, under Section 321 of the Code of Criminal Procedure praying for permission to withdraw the case. The Lower Court dismissed that petition by order dated 7-6-1988. That order is under challenge,2. The prosecution version of the incident which led to the case is as follows. The then opposition parties in Kerala called for a Kerala Bandh to be observed on 7-10-1985. The accused are followers of those opposition parties. For making the Bandh a success at any cost they wanted to cause obstruction to the vehicular traffic on the Kottarakkara-Oyoor Road. They plac...


Jul 01 1988

Gopalakrishnan Vs. State of Kerala and ors.

Court: Kerala

Decided on: Jul-01-1988

Reported in: (1989)ILLJ31Ker

ORDERSreedharan, J.1. Petitioners, 20 in number, are accused in S.C. 67/87 pending before the Assistant Sessions Judge's Court, Kottarakkara. They stand charged with offencesUnder Sections 143, 147, 148, 332, 307 and 427 IPC and also Under Section 2(1)(a) and 3 of the Prevention of Damages to Public Property Act. The case was posted for trial from 6th June 1988 onwards. The Assistant Public Prosecutor filed Criminal M.P. No. 144/88. Under Section 321 of the Code of Criminal Procedure praying for permission to withdraw the case. The Lower Court dismissed that petition by order dated 7th June 1988. That order is under challenge.2. The prosecution version of the incident which led to the case is as follows. The then opposition Parties in Kerala called for a Kerala Bandh to be observed on 7th October 1985. The accused are followers of those opposition parties. For making the Bandh a success at any cost they wanted to cause obstruction to the vehicular traffic on the Kottarakkara-Oyoor Road...


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