Kerala Court August 1988 Judgments
Mathew Vs. Kerala Financial Corporation Ltd.
Court: Kerala
Decided on: Aug-30-1988
Reported in: [1991]71CompCas428(Ker)
Paripoornan, J.1. The counter-petitioner in S. F. C. Act Petition No. 144 of 1981, District Court, Ernakulam, has filed this appeal against the order of the lower court dated October 10, 1983. The petitioner in the court below is the respondent herein. The petitioner, Kerala Financial Corporation, initiated action under Sections 29, 30 and 31 of the State Financial Corporations Act, 1951, and sought recovery of the principal and interest due from the respondent (appellant herein) on account of a loan of Rs. 2,53,000 advanced to the respondent by the Corporation by sale of machinery, etc., mentioned in the Schedule to the petition, which were hypothecated to the Corporation by way of security for repayment of the amount due from him. The Corporation sanctioned a loan of Rs. 2,60,000. The respondent has actually advanced ah amount of Rs. 2,42,697,94. The loan should be repaid in seventeen half-yearly instalments with 5,5% interest per annum. The petitioner-Corporation stated that the int...
Tag this Judgment!K.V. Moosa Koya and Co. Vs. Income-tax Officer and anr.
Court: Kerala
Decided on: Aug-30-1988
Reported in: (1988)74CTR(Ker)14; [1989]175ITR120(Ker)
Paripoornan, J.1. The petitioner is a registered firm. It is a dealer in hill produce. It is an assessee on the files of the 1st respondent, the Income-tax Officer, A-ward, Circle-I, Calicut. It is maintaining its accountson 'mercantile basis'. The Government of Kerala levied administrative surcharge on export of tapioca in exercise of the power vested in it under the Kerala Tapioca (Manufacture and Export Control) Order, 1966. The petitioner-firm collected administrative surcharge on tapioca during the accounting periods which ended on March 31, 1967, March 31, 1968, March 31, 1969, and March 31, 1970. The amounts so collected were remitted into the Government treasury. The said levy of administrative surcharge by the Government was challenged by innumerable dealers in the High Court. The levy was annulled and refund of amounts remitted by the dealers was ordered by the High Court. The judgment of the High Court is dated September 27, 1971 (Govindan v. State of Kerala [1971] KLT 910)....
Tag this Judgment!The President, Tirur Service Co-operative Bank Ltd. Vs. the Joint Regi ...
Court: Kerala
Decided on: Aug-18-1988
Reported in: AIR1989Ker236
ORDERT.L. Viswanatha Iyer, J.1. Petitioner is the President of Tirur Service Co-operative Bank Ltd., a Society registered under the Kerala Cooperative Societies Act, 1969 (the Act for short). For purposes of convenience I shall hereinafter refer to the Bank as 'the Society'. Election to the managing committee of theSociety was held on 28-8-1983, and the committee assumed office on 1-9-1983, in accordance with bye-law 35(b) which specified the term of the committee as from 1st Sept. to 31st Aug. As per bye-law 35(a), as it then stood, the tenure of the committee was three years, that is, up to 31-8-1986. The bye-laws were subsequently amended at a general body meeting held on 24-8-1985. By the amendment the term of the committee was increased to five years; and the year of the Society was changed to 'Jan.-Dec.' from 'Sept.-Aug.'.2. This change in the year to Jan.-Dec. has resulted in controversy about the date of expiry of the committee's term. According to the respondents, the committe...
Tag this Judgment!R. Vijayan Vs. the Deputy Director of Education, Alleppey and ors.
Court: Kerala
Decided on: Aug-12-1988
Reported in: AIR1989Ker35
Malimath, C.J. 1. This case was referred to the Division Bench by the learned single Judge on the ground that the decision rendered by this Court in 1984 Ker LT 933 between P.V. George v. D. E. O. Alwaye requires reconsideration. When the matter came up before the Division Bench it was noticed that this judgment of the learned single Judge has since been affirmed in Writ Appeal No. 230 of 1984 by a Division Bench. As the Division Bench felt that the decision requires reconsideration the case has been referred to the Full Bench.2. The relevant facts necessary for the disposal of this case may briefly be stated as follows :The Panchayat High School, Pathiyoor, is an aided school governed by the Kerala Education Act and the Kerala Education Rules, (hereinafter referred to as the Rules). There were three posts of full time menials falling in the non-teaching category sanctioned for the school. In the said three posts, one K. Vijayan was appointed as full-time menial on 5-6-1969 and M. Issa...
Tag this Judgment!Union of India (Uoi) Vs. M. Thankaraj and Etc. Etc.
Court: Kerala
Decided on: Aug-12-1988
Reported in: 2000ACJ651; AIR2000Ker91
1. These appeals are directed against Judgments of the Railway Claims Tribunal, Ernakulam Bench granting compensation for death or personal injuries of passengers under the provisions of the Railways Act, 1989 read with Rules issued thereunder. Except M.F.A. No. 915/98 all the other appeals are at the Instance of the Railway administration. The common question of law that arises in all these appeals is whether in respect of death happened or injury sustained before the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997 came into force the enhanced rate of compensation under the Amended Rules can be made applicable. The Railway Claims Tribunal, Ernakulam Bench granted compensation in O.A. No. 137/97, O.A. No. 24/96, O.A. No. 142/97, O.A. No. 136/97, O.A. No. 124 of 1997, T.A. No. 56/97, O.A. No. 93/97, O.A. No. 94/97 and O.A. No. 3/98 by applying the Amended Rules. These Judgments are challenged by the Railway administration in M.F.A. Nos. 816. 839, 1249. 1265...
Tag this Judgment!Mangattil Siddique and anr. Vs. K.M. Abdul Latheef and anr.
Court: Kerala
Decided on: Aug-11-1988
Reported in: 1989CriLJ533
ORDERM.M. Pareed Pillay, J.1. This is a petition under Section 482 of the Criminal Procedure Code to quash the proceedings in C. C. 136 of 1987 before the Judicial Magistrate of First Class, Cochin. Petitioners are the accused in the above case. First respondent (complainant) alleged that the petitioners have committed offence punishable under Section 417 of the I.P.C. In the complaint it is alleged that the accused and Bava, a deceased son of the 1st accused had approached the complainant and his friend Mohammed Ashique and offered them Visa for going to Saudi Arabia, that the first accused and the second accused along with Bava had represented that the second accused is very well placed in Saudi Arabia and promised visa to the complainant, complainant's brother, his friend Ashique and his sister's son Rahim and obtained from the complainant a sum of Rs. 65.000/- on 28-8- 1983, that accused 1 and 2 promised to provide them covetable jobs and that believing the representation they part...
Tag this Judgment!Kunju and ors. Vs. State of Kerala and anr.
Court: Kerala
Decided on: Aug-11-1988
Reported in: 1989CriLJ665
P.C. Balakrishna Menon, J. 1. The petitioners in these cases invoke Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C. Nos. 20/1988, 123/1987 and 10/1988 respectively on the file of the Judicial First Class Magistrate's Court, Adimali. The Magistrate has taken cognizance of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) (hereinafter referred to as Act) against each of these petitioners on the basis of the final report submitted by the police after investigation.2. The charge-sheets submitted by the Investigating Officer in CC Nos. 20/1988 and 10/1988 show that the respective accused had in contravention of the provisions of the Act cultivated cannabis plant, thereby committing an offence punishable under Section 20 of the Act. The charge sheet in C.C. No. 123/1987 discloses also an offence under Section 55(c) of the Abkari Act (Act 1 of 1077).3. These cases have been referred for de...
Tag this Judgment!M. Sujatha and anr. Vs. Kerala State Road Transport Corporation
Court: Kerala
Decided on: Aug-11-1988
Reported in: II(1990)ACC40
K.S. Paripoornan, J.1. These are connceted appeals. The compensation payable to the legal heirs of one Madhavan Nadar is the centre of controversy in these appeals. The claimants in O.P.(MV) No. 321 of 1979, Motor Accidents Claims Tribunal, Trivandrum are the appellants in M.F.A. No. 381 of 1983. The first respondent-Corporation in the said claim petition is the appellant in M.F.A. No. 375 of 1984. Both these appeals are preferred against the award passed by the Motor Accidents Claims Tribunal, Trivandrum in O.P. (MV) No. 321 of 1979, dated 6.6.1983. Deceased Madhavan Nadar was a tractor driver in the Agriculture Department. On 10.1.1977, along with two others, he was travelling in the department vehicle, jeep No. KLP 2559, and at Karetty junction of the M.C. Road a fast passenger bus No. KRT 407, belonging to the Kerala State Road Transport Corporation, coming from the opposite direction at a high speed and on the wrong side of the road, hit the jeep and pushed it for about ten feet. ...
Tag this Judgment!Safari Industries (India) Private Ltd. Vs. the State of Kerala
Court: Kerala
Decided on: Aug-10-1988
Reported in: [1989]72STC264(Ker)
K.S. Paripoornan, J.1. In these two revisions, filed by two assessees under the Kerala General Sales Tax Act, 1963 (in short, 'the Act'), the only question raised is whether suit cases, brief cases, etc., made out of plastic can be taxed under entry No. 88 or entry No. 89 of the First Schedule to the Act as it stood at the relevant time at 10 per cent or whether the said suit cases, brief cases, etc., will fall only under entry No. 156 of the First Schedule to the 'Act as contended by the assessees, taxable at 8 per cent. We are concerned with the assessment year 1983-84. The Sales Tax Appellate Tribunal, by a majority, held that the turnover relating to the suit cases, brief cases, etc., made out of plastic is liable to be taxed under entry No. 88 of the First Schedule to the Act at 10 per cent at the point of first sale in the State by a dealer who is liable to tax under Section 5 of the Act. The said decision is challenged by the assessees in these revisions.2. We heard counsel for ...
Tag this Judgment!Padinhara Kottayil Ramla Beevi Vs. N. Kristudas and anr.
Court: Kerala
Decided on: Aug-10-1988
Reported in: 1(1989)ACC277
K.G. Balakrishnan, J.1. The claimant in M.A.C. No. 223 of 1982 of the Motor Accidents Claims Tribunal, Manjeri is the appellant, Petitioner, a 14 year old girl, represented by her mother as guardian, filed the petition alleging that on 4-3-1982 at about 6 p.m. the car belonging to the 2nd respondent, the Kerala State Electricity Board, it hit the petitioner from behind and caused serious injury to her. The petitioner alleged that the offending vehicle was driven by the first respondent in a rash and negligent manner. The petitioner was a pedestrian and was proceeding to south through the eastern side of the road. The car was being driven from north to south. The case of the petitioner is that the car hit all on a sudden and the accident caused fracture on the femur of the left leg of the petitioner. The petitioner was admitted in the Medical College Hospital, Calicut, where she was under treatment for a period of six months. The petitioner claimed a sum of Rs. 25,000/- as compensation....
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