Kerala Court November 1989 Judgments
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V.C. Zachariah Vs. Chief Election Commission of India, New Delhi-i and ...
Court: Kerala
Decided on: Nov-08-1989
Reported in: AIR1990Ker156
ORDERChettur Sankaran Nair, J. 1. Petitioner describing himself as 'National Co-ordinator of Social Action Party' seeks directions restraining the Chief Election Commissioner from using Electronic Voting Machines in the elections to the Lok Sabha Scheduled in Nov. 1989. According to him, Electronic Voting Machines have not attained the degree of precision, or infallibility that is required in such matters. To support his contention he refers to the views of one Ronni Dugger and Mr. Wayne Nunn. Mr. Dugger holds the view that errors have resulted in counting votes in the UnitedStates, with the aid of Electronic Machines. Mr. Wayne Nunn also appears to think that a 'computer electronic services. -- computer punch card voting system' could be manipulated at least in six ways. The source code could be manipulated, and a time device also could be incorporated to transfer votes, in his view. Petitioner also refers to the views of Mr. Arun Mehta to the effect that computer software could be ma...
Untied India Insurance Company Ltd. Vs. Surendran Nair
Court: Kerala
Decided on: Nov-08-1989
Reported in: I(1990)ACC596
Radhakrishna Menon, J.1. The Insurance Company, the third respondent in O.P.(M.V.) No. 774/1981 before the Motor Accidents Claims Tribunal, Ernakulam is the appellant.2. On a perusal of the memorandum of appeal it is clear that the grounds urged therein are grounds which can be availed of only by the insured.3. The counsel for the claimant therefore argued that the appeal was not maintainable. Dilating on this argument the counsel submitted that the Insurance Company was not entitled to take any defence which is not specified in Sub-section (2) of Section 96 of The Motor Vehicles Act, 1939, for short, The Act. Before we consider this case of the claimant we shall briefly state the arguments advanced by the counsel for the appellant. The counsel submits that the appeal may be treated as one filed on behalf of the insured and that is possible in view of Section 110-C(2) of Chapter VIII of The Act. Had that not been the position there was no need for the Tribunal to allow the appellant to...
In Re: Giovanola Binny Ltd. (In Liquidation); Vs. Official Liquidator
Court: Kerala
Decided on: Nov-07-1989
Reported in: [1990]67CompCas441(Ker); [1990]182ITR134(Ker)
K. John Mathew, J.1. The common question that arises in these applications is whether the income-tax claim against a company in liquidation can be satisfied from out of the proceeds of the sale of the company's assets either as 'costs, charges and expenses incurred in the winding up' under Section 476 of the Companies Act or as an amount set aside under Section 178 of the Income-tax Act in priority to the claims under Section 529A of the Companies Act ?2. Company Application No. 478 of 1989 is filed by the, Canara Bank, for an order permitting the bank to appropriate a sum of Rs. 75,00,000 from out of the sale proceeds of the assets of Giovanola Binny Ltd. (in liquidation) towards the amounts due to the bank from the said company. M. C. A. No. 37 of 1989 is filed by the official, liquidator, who is the liquidator of the said company, for an order to sanction declaration of a first dividend of 27 paise in the rupee to the creditors of the company under Sections 529 and 529A of the Compa...
P.K. Wariyar Vs. State of Kerala and ors.
Court: Kerala
Decided on: Nov-02-1989
Reported in: AIR1990Ker218
ORDERChettur Sankaran Nair, J.1. Petitioner-Managing Trustee of 'Kottakkal Arya Vaidya Sala', prays for a writ of mandamus to command respondents to remove hoardings put up in front of the Arya Vaidya Sala, and for consequential reliefs. Petitioner owns a three-storeyed building standing on thirlyone cents of land on the Mahatma Gandhi Road, Ernakulam said to be constructed at a cost of Rs. 33 lakhs. On the night of 6-4-1988, those acting under second respondent are said to have put up a hoarding in front of the Arya Vaidya Sala. One display board on the hoarding is very large, measuring to 9 x 31/2 metres and this obstructs the view of the building, virtually obliterating its identity, submits petitioner. Rights of petitioner as an adjoining owner and a member of the public, are invaded by putting up such boards, according to him. The next day, a representative of petitioner went to the office of second respondent and made a request in writing Ext.P 1, to remove the hoarding. He was n...
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