Kerala Court September 1989 Judgments
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P. Mytheen Kannu Vs. State of Kerala
Court: Kerala
Decided on: Sep-08-1989
Reported in: [1990]78STC328(Ker)
K.S. Paripoornan, J.1. These three revisions are filed against the common order passed by the Sales Tax Appellate Tribunal dated March 1, 1989. The matter relates to the assessment years 1984-85, 1985-86 and 1986-87. The petitioner is a dealer in ayurvedic herbs and oils. He supplied ayurvedic herbs and oils on contract basis to the Government Ayurveda College Pharmacy, Trivandrum, during the above three years. He did not file form No. 25 declarations to prove that he was not the last purchaser of the said goods in the State. He was assessed to lax. The petitioner contended that he was not a dealer in the said goods. He was only collecting these materials through workers. Alternatively, it was contended that the petitioner could not be treated as the last purchaser of the said goods in the State. He did not file form No. 25 declarations to show that he was not the last purchaser of the said goods in the State. On these premises and holding that form No. 25 declaration is mandatory to a...
Joseph Vs. State of Kerala
Court: Kerala
Decided on: Sep-08-1989
Reported in: 1990ACJ385; 1990CriLJ56
K.G. Balakrishnan, J.1. These two appeals arise from a common judgment in Sessions Case No. 33 of 1987 on the file of the IV Addl. Sessions Judge. Ernakulam. The 1st accused who has been convicted under Section 304-A, I.P.C. is the appellant in Crl. Appeal No. 326 of 1988 and the 2nd accused who has been convicted for the offence punishable under Section 10 of the Cochin Public Canals and Backwaters Navigation Act (Act 1 of 1092 ME) is the appellant in Crl. Appeal No. 334/88. These two appellants were tried along with 6 others who were found not guilty and acquitted.2. On 19-3-1980 the annual festival was celebrated in Kannamali Church. People from various parts of the State gathered to attend the festival. Kannamali is a place flanked by Arabian Sea and Vembanad lake and in order to reach that place from Perumbadappu one has to cross the Vembanad lake. Several boats were used for ferrying passengers from Perumbadappu to Kannamali. The 1st accused was the owner of a boat by name 'St. X...
G. Babu Vs. Chief Engineer (Ps and Gl) and ors.
Court: Kerala
Decided on: Sep-08-1989
Reported in: (1990)ILLJ502Ker
ORDERV. Sivaraman Nair, J.1. Petitioner and the third respondent are Technical Assistants under the Kerala Water Authority. The former was working in Trivandrum for some considerable time and the latter at Alwaye for over three years. Both had rendered sufficiently long period of service at the respective stations and were due for transfer. In Ext.P1 order dated 15th March, 1989, petitioner was transferred to the World Bank Project Division, Alwaye, in the place of the third respondent, who was transferred from Alwaye to Public Health Division, Perumbavoor. Petitioner was relieved from Trivandrum pursuant to that order and he joined duty at Alwaye on 27th March, 1989. The third respondent joined duty at Perumbavoor.2. The Chief Engineer of the Water Authority passed a further order on 20th July, 1989, whereby the petitioner was transferred from Alwaye and was posted as Assistant Executive Engineer in the office of the Chief Engineer, Cochin. The 3rd respondent was transferred back from...
Varghese Vs. Food Inspector and anr.
Court: Kerala
Decided on: Sep-08-1989
Reported in: 1990CriLJ2354
ORDERK. Sreedharan, J.1. Petitioner is the second accused. He is manufacturer of coffee chicory mixture which was purchased by the Food Inspector from the first accused for analysis. First accused, the vendor of the article of food to the Food Inspector, was acquitted under Section 19(2) of the Prevention of Food Adulteration Act (for short 'the Act'). After appreciating the evidence in this case learned Magistrate convicted the petitioner for offence under Section 16(1)(a)(i) read with Section 7(1) and Section 2(ia)(a) of the Act and A.08.03 of Appendix-B of Rule 5 of the Prevention of Food Adulteration Rules. He was thereupon sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-. In default of payment of fine he was directed to suffer simple imprisonment for three months. He challenged the conviction and sentence in appeal without success. Hence this revision petition.2. The short facts of the case can be stated as follows: Food Inspector, Kodunga...
P.V. Antony and anr. Vs. State of Kerala
Court: Kerala
Decided on: Sep-08-1989
Reported in: 1989CriLJ2482
ORDERK.G. Balakrishnan, J.1. This Cr. M. P. has been filed by the respondent in the appeal challenging the maintainability of the appeal. The appeal is filed under Section 378(1) Cr. P.C. against the order of acquittal by the Special Public Prosecutor.2. The main contention urged by the petitioners' counsel is that the appeal filed by a Special Public Prosecutor under Section 378(1), Cr. P.C. is not maintainable and under that Section an appeal to the High Court from an order of acquittal could be filed only by a Public Prosecutor pursuant to a direction given by the Government. The argument proceeds; the Special Public Prosecutor being not a Public Prosecutor, the appeal has been filed by an incompetent person and therefore, the same is liable to be struck off from the file. It is pointed out by the petitioners' counsel that Public Prosecutor mentioned under Section 378(1), Cr. P.C. could only mean Public Prosecutor appointed under Sub-section (1) of Section 24 of the Code and a Speci...
Damodara Shenoi Vs. Public Prosecutor
Court: Kerala
Decided on: Sep-08-1989
Reported in: 1989CriLJ2398
K.G. Balakrishnan, J.1. Criminal Appeal No, 499 of 1988 is against the conviction and sentence entered against the accused in C.C. 1 of 1986 on the file of the IV Addl. Sessions Judge, Ernakulan and Crl. R.P. No. 854 of 1988 is against the conviction and sentence entered against the accused in C.C. 2 of 1986 of the same Court. The facts involved in these two cases are similar and therefore, they were heard together and a common judgment is being passed.2. The case against these two accused persons is that they committed offence punishable under Section 500, I.P.C. Accused in C.C. 1/86 filed Q.P. No. 2467/86 and the accused in C.C. 2 of 1986 filed O.P. 2535/86 under Article 226 of the Constitution of India and these petitions contained allegations which are per se defamatory to the then Home Minister Shri Vayalar Ravi and these petitions were filed with the mala fide intention to malign him and to lower his reputation in the eye of the public. The Court below accepted the complainant's ...
Shakti Cement Co. (P.) Ltd. Vs. F.A.C.T.
Court: Kerala
Decided on: Sep-07-1989
Reported in: AIR1990Ker86
K.P. Radhakrishna Menon, J.1. The defendant in O.S. 100/87 (Arb), a suit instituted by the respondent herein is the revision petitioner.2. The suit is based on a tripartite agreement entered into on the 27th day of August, 1980 between the plaintiff, the defendant and M/s. Puzzolana Machinery Fabricators for modifying 'a cement plant of the defendant of 100TPD Capacity already fabricated, supplied and erected by M/s. Puzzolana Machinery Fabricators' as per Regional Research Laboratory's Technology. The reliefs prayed for in the suit are :'(a) appoint a sole arbitrator and refer points of differences stated above to the arbitration and pass award in terms thereof.(b) grant such other reliefs as the Hon'ble Court deems fit and proper and convenient.....'3. The defendant inter alia raised a preliminary issue namely, 'whether this court (the eourt of the Additional Sub Judge, Parur) has territorial jurisdiction to try this suit?' The court below considering the various aspects of the issue...
George Eapen Vs. State of Kerala
Court: Kerala
Decided on: Sep-07-1989
Reported in: (1990)ILLJ243Ker
Sivaraman Nair, J.1. Petitioner challenges Ext.P7 Memo of Charges and Ext.P9 order whereby he was placed under suspension pending departmental action against him. In support of the first submission, counsel relied on the decision reported in Kesavan v. State of Kerala, (1989-I-LLJ-404). In support of his second submission counsel relied on the decision reported in N. Subramoniam v. State of Kerala (1973-II-LLJ-I56) and Veeramani v. State of Kerala, 1974 KLT 630.1 do not propose to go into the details of the facts involved in this Original Petition, because the disciplinary proceedings initiated under Ext.P7 is now pending against the petitioner. Suffice it for me to say that the allegation against the petitioner, is that Ext. P1 report which he submitted on 19th October, 1976 in respect of a ceiling case which resulted in exclusion of 94 acres of Government land in Sy.No.745/1 of Kulathupuzha Village in favour of the declarant under S.85 of the Kerala Land Reforms Act, was false and mo...
K. Kelappan Vs. State of Kerala
Court: Kerala
Decided on: Sep-07-1989
Reported in: 1990CriLJ697
Pareed Pillay, J. 1. Revision petitioner who has been found guilty under Section 47 of the Kerala Police Act by the courts below challenges the conviction and sentence entered against him on the ground that no offence has been made out against him.2. The prosecution case is that on 29-12-1987 at 4.10 a.m. the revision petitioner and three others were found on the veranda of the Government High School, Thiruvangad by P. W. 1 Sub Inspector who was on patrol duty and that they were not in a position to explain their presence satisfactorily at the untimely hour. P.W. 1 gave evidence in support of the prosecution case. He stated that he and police party were on patrol duty and it was then that he saw the revision petitioner and three others at the Government High School premises. D.W. 2 watchman of the school stated that he was not aware of any such incident as alleged by the prosecution. Both the courts below accepted the evidence of P.W. 1 and held the revision petitioner guilty of the of...
Commissioner of Income-tax Vs. Malabar Trading Corporation P. Ltd.
Court: Kerala
Decided on: Sep-06-1989
Reported in: [1990]183ITR65(Ker)
K.S. Paripoornan, J. 1. At the instance of the Revenue, the Income-tax Appellate Tribunal (in short, 'the 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 and also in view of the fact that there was a change of more than 51 per cent. of the voting power, the assessee is entitled to the benefit of set off of carried forward losses of earlier years having regard to the correct interpretation of Section 79 of the Income-tax Act, 1961 ?' 2. The respondent (assessee) is a private limited company. We are concerned with the assessment year 1979-80. The previous year ended on December 31, 1978. The assessee made a net profit of Rs. 11,994. The assessee put forward a plea to carry forward the loss of the earlier assessment years amounting to Rs. 39,097. The return was filed on June 23, 1979, declaring a net loss of Rs. 33,730. The Income-tax Officer found that there was a change of shareholding in ...
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