Kerala Court October 1989 Judgments
B.P.L. India Ltd. Vs. B.P.L. and P.S.P. Thozhilali Union
Court: Kerala
Decided on: Oct-31-1989
Reported in: (1992)ILLJ115Ker
Sukumaran, J. 1. The two writ petitions are directed against the same award of the Labour Court; one by the Management and the other by the Union. It arises in a disciplinary matter, about the dismissal of five workers. The misconduct alleged against them was riotous and disorderly behaviour, as referred to in clause 39(h) of the Company Standing Orders. The factual allegation is that each of the workmen indulged in physical assault, causing grevious bodily injuries to the managerial staff on the morning of March 14, 1988.2. The Management conducted a domestic enquiry. The workers had participated throughout the enquiry. They had been given opportunity to adduce evidence before the Enquiry Officer. The workmen were found guilty. The punishment of dismissal was accordingly imposed.3. The Union thereupon invoked the adjudication procees visualised under the Industrial Disputes Act, 1947.4. Many contentions were raised by the Union to assail the dismissal.5. One ground for complaining abo...
Tag this Judgment!Kerala State Road Trans. Corpn. Vs. Bhargavi Amma and anr.
Court: Kerala
Decided on: Oct-31-1989
Reported in: II(1990)ACC230; 1990ACJ618
Radhakrishna Menon, J. 1. The second respondent in O.P. (M.V.) 584 of 1980 of Motor Accidents Claims Tribunal, Trivan-drum, is the appellant.2. The predecessor-in-interest of respondent Nos. 1 and 2, a doctor by profession, while proceeding to Amboori along the Perumkadavila-Ottasekharamangalam public road on his motor cycle on 22.10.1979 was knocked down by the bus owned by the appellant and sustained multiple injuries. He was hospitalised for some time. As a result of the accident he was completely disabled from practising his profession. Alleging that the accident was occasioned due to the negligence of the bus driver, he filed the petition for recovery of a sum of Rs. 2,00,000/- as compensation from the appellant and its driver. The appellant filed a written statement wherein he, inter alia, contended that the accident was due to the negligence of the claimant himself, that no negligence can be attributed to the bus driver and that the claim in any event is excessive.3. The Tribuna...
Tag this Judgment!Kerala State Road Transport Corporation Vs. Bhargavi Amma and anr.
Court: Kerala
Decided on: Oct-31-1989
Reported in: I(1991)ACC157
K.P. Radhakrishna Menon, J.1. The second respondent in O.P. (M.V.) 584 of 1980 of Motor Accidents Claims Tribunal, Trivandrum, is the appellant.2. The predecessor-in-interest of respondent Nos. 1 and 2, a doctor by profession, while proceeding to Amboori along the Pcrumkadavila-Ottasekharamangalam public road on his motor cycle on 22.10.1979 was knocked down by the bus owned by the appellant and sustained multiple injuries. He was hospitalised for some time. As a result of the accident he was completely disabled from practising his profession. Alleging that the accident was occasioned due to the negligence of the bus driver, he filed the petition for recovery of a sum of Rs, 2, 00, 000/- as compensation from Lie appellant and its driver. The appellant filed a written statement wherein he, inter alia, contended that the accident was due to the negligence of the claimant himself, that no negligence can be attributed to the bus driver and that the claim in any event is excessive.3. The Tr...
Tag this Judgment!P. Gopinathan Vs. T.K. Suseela and anr.
Court: Kerala
Decided on: Oct-30-1989
Reported in: I(1990)DMC279
K.P. Radhakrishna Menon, J.1. The applicant in O.P. 82/82 in the court of the Subordinate Judge; Palghat, for dissolution of marriage on the ground that the wife, the first respondent after the solemnisation of the marriage had voluntary sexual intercourse with the second respondent, is the appellant.2. The court below by the order under challenge has found that there is no convincing and satisfactory evidence to show that the first respondent has had voluntary sexual intercourse with the second respondent and as a consequence thereof dismissed the petition.3. The appellant is working as a Pharmasist in the service of the Kerala Government. The case of the appellant is that since the first respondent has had voluntary sexual intercourse with the second respondent, it has become impossible for him to continue the marital relationship. The appellant thereupon filed the petition under Sections 13(1)(i) and 13(1)(ia) of the Hindu Marriage Act for a dissolution of the marriage by a decree o...
Tag this Judgment!Oriential Insurance Company Ltd., CochIn Vs. Sivan and ors.
Court: Kerala
Decided on: Oct-27-1989
Reported in: I(1990)ACC302; 1990ACJ533; AIR1990Ker202
Radhakrishna Menon, J.1. Thecomon question that arises for consideration in these appeals is, whether the insurance policy was effective from 11 a.m. on 15-7-1985 as contended for by the appellant or was effective with effect from the mid-night of 14-7-985 as contended for by the claimants as well as the insured.2. The answer to the question depends upon the construction of the provisions contained in Chapter VIII of the The Motor Vehicles Act, 1939 read with the relevant rules of The Motor Vehicles (Third-Party Insurance) Rules, 1946, for short The Third-Party Insurance Rules. Section 94 of the Motor Vehicles Act highlights the need for insurance against third party risk. Section 95 provides that in order to comply with the requirement of Chapter VIII a policy of insurance must be a policy which satisfies the requirements prescribed thereunder. Particular reference requires to be made to Sub-section (4) of Section 95. This subsection says that a policy shall be of no effect unless and...
Tag this Judgment!Kerala Kaumudi (P.) Ltd. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Oct-27-1989
Reported in: [1990]181ITR30(Ker)
K.S. Paripoornan, J.1. The Income-tax Appellate Tribunal, Cochin Bench, has referred the following question of law for the decision of this court at the instance of the assessee :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that Section 144B of the Income-tax Act is applicable while making reassessment under Section 147(b) and whether the reassessment completed on September 20, 1979 is barred by limitation ?'2. The respondent is the Revenue. The matter relates to the assessment year 1974-75. The assessee (applicant) is a private limited company in which the public are not substantially interested. The previous year ended on March 31, 1973. Originally, the assessment was completed on June 30, 1975. It was reopened under Section 147(b) of the Income-tax Act. The reassessment was made on September 20, 1979. After the assessment was reopened, the Income-tax Officer followed the procedure prescribed under Section 144B of the Act as the inten...
Tag this Judgment!CochIn Shipyard Limited Vs. Industrial Tribunal
Court: Kerala
Decided on: Oct-27-1989
Reported in: (1993)IIILLJ105Ker
Radhakrishna Menon, J. 1. The Cochin Shipyard Ltd. owned by Government of India is the petitioner.2. Ext. P4 award of the first respondent is under challenge.3. Facts relevant and requisite to decide the issue arising for consideration, briefly stated are: The terms and conditions of service relating to wages and other monetary and non-monetary benefits and entitlements of workmen used to be fixed by Long Term Settlements entered into periodically by the Management and the trade unions representing the workmen. The Long Term Settlement which is relevant here is Ext. PI settlement dated 31.8.1981. Ext. P1 provides that it shall remain in force for a period of four years from 1.4.1980. Ext. 1 discloses that it was in full and final settlement of all issues raised by the unions, and that during its pendency there shall be no demand involving financial or other liability for the management or for any further increase in wages or allowances or alterations of any terms and/or conditions of s...
Tag this Judgment!Commissioner of Income-tax Vs. Gool C. Dalal and PerIn C. Dalal (Legal ...
Court: Kerala
Decided on: Oct-26-1989
Reported in: [1990]184ITR248(Ker)
K.S. Paripoornan, J. 1. At the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following question of law for the decision of this court: 'Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessees cannot be assessed as an association of persons ?' 2. The respondents originally impleaded are two Parsi ladies, assessees under the Income-tax Act. One of them died during the pendency of the reference in this court in August, 1989. Her legal heirs, already in the party array, have been recorded as her legal heirs, by accepting the memo filed by the Revenue dated September 26, 19.89. 3. The matter relates to the assessment year 1969-70. The assessees are sisters of one Pestonji Dalai who had considerable properties. Shri Dalai made a will on September 30, 1954. He died in 1955. The will was pro-bated in 1956. The administration of the estate was completed and the executors of the estate released in 1963. ...
Tag this Judgment!The Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) V ...
Court: Kerala
Decided on: Oct-26-1989
Reported in: [1991]81STC63(Ker)
K.S. Paripoornan, J.1. The Revenue is the petitioner in this batch of revisions. The same assessee is the respondent in all the four cases. We are concerned with the assessment years 1981-82, 1982-83, 1983-84 and 1984-85. The respondent-assessee is a dealer in hill produce at Kozhikode. For the first year, the assessing authority included in the total turnover of the assessees their turnover relating to consignment sales and levied surcharge at 8 per cent on the ground that the total turnover exceeded Rs. 10 lakhs. For the subsequent three years, the purchase turnover of the assessees was fixed including the commission amounts received by them from their non-resident principals. These two aspects were objected to by the respondent-assessee, before the Appellate Tribunal. The Appellate Tribunal accepted the plea of the assessee and allowed the appeals filed by the respondent-assessee. Feeling aggrieved, the Revenue has come up in revisions.2. We heard the learned Senior Government Plead...
Tag this Judgment!M.D. Chacko Vs. N. Sreedharan and ors.
Court: Kerala
Decided on: Oct-26-1989
Reported in: 1990ACJ439
Radhakrishna Menon, J.1. Not satisfied with the amount of compensation awarded by the Tribunal, the claimant has come up in appeal.2. On 17.4.1980 the auto-rickshaw in which the appellant was travelling collided with a K.S.R.T.C. bus bearing registration No. KRT 9905, going along the M.G. Road at Trivandrum from north to south, from behind when the bus suddenly stopped. In that accident the appellant suffered injuries.3. The claim petition of the appellant, which is a sequel to the accident, contains claims falling under two different heads. They are: (1) pain and suffering, permanent disability and loss of earning capacity; compensation claimed, Rs. 50,000/-, (2) special damages; compensation claimed, Rs. 10,000/-. Thus a total compensation of Rs. 60,000/- was claimed. The Tribunal was of the view that the drivers of both the bus as also the auto-rickshaw were negligent and consequently awarded a sum of Rs. 9,800/- as special damages and a sum of Rs. 20,000/- towards the compensation ...
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