Kerala Court August 1989 Judgments
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C.T. Chacko Vs. Kerala State Electricity Board
Court: Kerala
Decided on: Aug-04-1989
Reported in: AIR1990Ker280
Krishnamoorthy, J. 1. Plaintiff in a suit under Section 20 of the Arbitration Act is the appellant. He was awarded a contract by the Kerala State Electricity Board (hereinafter mentioned as the Board) for the work of 'S.A.S. -- Construction of a Masonary Dam across Kullar' and the contract for the above work Ext. B11 dated 13-1-1.978 was entered into. It was 7% above the estimate rate. Though he made all arrangements for doing the work with all enthusiasm and sincerity, he was not able to do it on account of failure of the concerned authorities of the Board to duly perform their obligation under the contract. The plaintiff has alleged in detail the defaults committed by the Board which prevented him from completing the work in time (the details of which are not very relevant to resolve the controversy in this case). In spite of all this, the plaintiff completed a major portion of foundation excavation. In the meanwhile, the Board terminated the contract as per Ext. A3 dated 23-10-1980 ...
Calicut Steel Re-rolling Co. Pvt. Ltd. and ors. Vs. Kerala Financial C ...
Court: Kerala
Decided on: Aug-04-1989
Reported in: [1991]71CompCas652(Ker)
Bhat, J. 1. The Kerala Financial Corporation advanced a loan to the appellants in M.F.A. No. 481 of 1984, on execution of relevant documents including exhibit A-1 mortgage deed dated December 5, 1973. Instalments of interest due fell in arrears from July 1, 1974, and instalments of principal due fell in arrears from October 10, 1975. The Corporation, thereafter, filed 0. P. No. 131 of 1980 before the District Court, Calicut, under Section 31 of the State FinancialCorporations Act, 1951 (for short 'the Act'), seeking an order for sale of the property for recovery of the amount due. The debtors filed a counter-statement raising several contentions. The District Court overruled all these contentions and passed an order for sale for Rs. 5,50,602.13 with interest at the rate of 12.5% on the principal amount of Rs. 2,87,429.75 from the date of petition till realisation as also costs. This order is challenged by the creditor in M.F.A. No. 704 of 1984 and the debtors in M.F.A. No. 481 of 1984....
Thulasi Bai Vs. C.V. Manoharan and ors.
Court: Kerala
Decided on: Aug-04-1989
Reported in: I(1990)DMC61
K. Sreedharan, J.1. These proceedings are between same parties. They are concerning the marriage between them. So, I consider it advantageous to dispose of them by this common judgment.2. I will first take up S.A. No. 498/1987. This second appeal arises out of a proceeding under the Hindu Marriage Act, 1955, hereinafter referred to as 'the Act', for declaration of the marriage between the parties as nullity under Section 12(1)(c) of the Act. Trial Court dismissed that application filed by the husband. On his appeal learned District Judge passed a decree annulling the marriage. That decree is under challenge. (I am referring to the parties as they are arrayed before the Trial Court in the proceedings under the Act).3. Material averments made by husband in the petition filed before Trial Court are as follows : Petitioner and respondent are Hindus. Their marriage was solemnised on 13-12-81 in accordance with the religious rites of the community to which they belong. After marriage they re...
Varkey Vs. State
Court: Kerala
Decided on: Aug-04-1989
Reported in: 1989CriLJ2357
ORDERK. Sreedharan, J.1. Accused was charged with offence Under Section 289, I.P.C. After trial he was found guilty of that offence. He was, thereupon sentenced to pay a fine of Rs. 500.00 He challenged the conviction and sentence before the lower appellate Court. Learned Sessions Judge confirmed the conviction but remitted the case back to the lower Court for proper orders regarding sentence after hearing the accused. This remit was found to be improper. Hence this Court took up the matter suo motu in revision and registered the Criminal P.C.2. Offence Under Section 289, I.P.C. is punishable with imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. Such an offence is to be tried as a summons case. Section 255 of the Code of Criminal Procedure deals with acquittal or conviction of accused tried in a summons case. Clause (2) of that Section 2 states where the Magistrate does not proceed in accorda...
T.P. Peethambaran Vs. T.H. Musthafa and ors.
Court: Kerala
Decided on: Aug-02-1989
Reported in: AIR1990Ker171
Balakrishna Menon, J. 1. The plaintiff representing the Ernakulam District Congress Committee (S) has filed this appeal against the dismissal of his suit O.S. 526/1983 by, the Additional Sub Court, Ernakulam. The suit is for declaration of title to the suit property 14.724 cents of land in Sy. No. 707 of Ernakulam village and the building standing thereon, and also for an injunction to restrain the defendants from interfering with the plaintiffs possession and enjoyment of the same. The suit property was purchased by the District Congress Committee of the Indian National Congress in the year 1974 as per Exts. A17 and B2 and the building was used as the office of the Ernakulam District Congress Committee. According to the plaintiff Sri Brahmananda Reddy was the President of the Indian National Congress on 1-1-1978. On that day Mrs. Indira Gandhi, a member of the Working Committee of the Congress convened a meeting of her followers in New Delhi, and announced the formation of a new polit...
T.M. Chacko and Partners Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Aug-02-1989
Reported in: [1992]195ITR904(Ker)
K.A. Nayar, J. 1. Income-tax Reference No. 358 of 1985, is at the instance of the assessee and I. T. R. No. 359 of 1985, is at the instance of the Revenue. The matter arises out of the order of the Appellate Tribunal dated April 29, 1983, in I. T. A. No. 174 (Coch) of 1981. The assessee was carrying on business as abkari contractors participating in abkari auctions. Because of the abkari arrears due from the assessee, the assessee could not carry on the business after 1971-72 and until 1978-79. But, during the previous year relevant to the assessment year 1976-77, the assessee received a sum of Rs. 1,19,146 as remuneration from Messrs. Crossfield Trades for services rendered to that firm. During the accounting year, the assessee paid a sum of Rs. 86,207 being interest for thebelated payment of abkari arrears and claimed the same as expenditure. The Income-tax Officer disallowed the claim for expenditure holding that no deduction could be claimed as abkari business expenditure as the bu...
C.K.P. Assankutty Vs. State
Court: Kerala
Decided on: Aug-02-1989
Reported in: 1990CriLJ362
ORDERK. Sreedharan, J.1. Petitioner was counsel appearing for first accused in C.C. 202/86 on the file of the Additional Judicial First Class Magistrate's Court, Tellicherry. While disposing of that case convicting the accused learned Magistrate observed :'The evidence of the first accused as DW 2 is clearly an accusation against the Advocate Sri P. V. Abdurahiman. The entire facts of the case would go to show that the contention of the first accused that he purchased the food from the second accused with bill is false. The first accused signed Ext. P2 mahazar. There, it is clearly mentioned that there was no bill with the first accused at the time of taking sample. He acknowledged this fact in Ext. P2 mahazar. If he had actually purchased the article with a bill from the second accused, it must find some place in the account books maintained by the first accused. If the evidence of the first accused is accepted as such anybody can say anything. He could have taken steps to produce the...
C.J. Palu and anr. Vs. Assistant Collector of Central Excise and ors.
Court: Kerala
Decided on: Aug-02-1989
Reported in: 1990(29)ECC15
K.T. Thomas, J.1. As common questions are involved in these Original Petitions, they can be disposed of by this common judgment. Petitioners now face prosecutions for offences falling under Section 85(1) of the Gold Control Act, 1968 (for short 'the Act'). Proceedings were already initiated against them under Sections 71 and 74 of the Act for confiscation and imposition of penalty in regard to gold articles allegedly seized from them. The Collector of Central Excise has passed orders of confiscation and penalty by two different proceedings against the petitioners. The appeals filed by them before the Appellate Tribunal against the orders of confiscation and imposition of penalty were disposed of. When prosecution proceedings were initiated against them in the criminal court for economic offences, they have filed these original petitions to stall such proceedings as they infringe the protection guaranteed in Article 20(2) of the Constitution of India. The launching of the prosecution is...
Mohd Hanoofa and anr. Vs. Mohd Kasim and ors.
Court: Kerala
Decided on: Aug-02-1989
Reported in: I(1990)ACC257
U.L. Bhat, J. 1. The driver and owner of taxi car KRT 7098 involved in an accident on 26.12.1979, as a result of which one of the passengers was injured, have filed this appeal challenging the award passed for Rs. 12,300/- against the appellants. The insurer is directed to pay Rs. 5,000/- out of the amount awarded.2, Two contentions are urged before us on behalf of the appellants. First contention relates to the finding of the Tribunal that the accident took place on account of the rash and negligent driving of the car by its driver. The case of the claimant is that the taxi car was driven at an excessive and uncontrollable speed and hit a stone and capsized. Claimant who was a passenger of the car sustained injuries, the separate counter statement filed by the driver and owner they denied any rashness or negligence in the driving and stated that the car capsized on account of unexpected reasons beyond the control of the driver. Counter statement did not however specify the reasons for...
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