Kerala Court November 1990 Judgments
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T.K. Jacob Vs. Gracykutty and ors.
Court: Kerala
Decided on: Nov-19-1990
Reported in: AIR1991Ker281
Varghese Kalliath, J.1. This is an appeal by the first defendant. Suit was one for mandatory injunction and for damages. The court below has given elaborately with all details the facts of the case and the rival contentions of the parties. Nevertheless, for the purpose of disposing this appeal, I shall give a small resume of the facts.2. The plaint property, is an extent of 90 cents of land and the sheds thereon, except the temporary sheds belonged to Kanattu-puthenveettil George alias Vakkachan, who died on 23-10-1971. Plaintiffs are the legal representatives of Vakkachan. There is no dispute in this case that plaintiffs have got title to the suit property. 1st defendant T.K. Jacob executed a document in favour of Vakkachan, which according to the plaintiffs, is a document of licence and according to the first defendant, is a document, evidencing a commercial lease. Being a commercial lease for 90 cents of property wherein the first defendant has constructed buildings before the cruci...
M.T. Kurian Vs. N.A. Baraham and ors.
Court: Kerala
Decided on: Nov-19-1990
Reported in: II(1991)ACC476
K.P. Balanarayana Marar, J.1. These appeals arise out of the award passed by the Motor Accident Claims Tribunal, Kottayam. In M.A.C.O. Ps. 244/83 and 255/83. Petitioner in O.P. 244/83 are the wife, daughter and mother of one Dr. M.P. Thomas. He was riding a motor cycle from Cherpunkal to Athirampuzha along Ettumannoor-Palai Road. The claimant in the other petition Shri. M.T. Kurian was the pillion rider. They were travelling from east to west. While so, jeep PYP 4144 owned by first respondent and driven by 2nd respondent hit the motor cycle as a result of which the rider and the pillion rider sustained serious injuries. Dr. Thomas succumbed to the injuries on the same day. Alleging that the accident happened due to rash and negligent driving by 2nd respondent the wife, daughter and mother of Dr. Thomas moved the tribunal claiming an amount of Rs. 3,07,400/-. The injured Kurian claimed an amount of Rs. 1,07,550/- . Both the petitions were heard jointly by Tribunal and as per the common ...
New India Assurance Co. Ltd. Vs. Okay Transport Corporation and ors.
Court: Kerala
Decided on: Nov-19-1990
Reported in: 1991ACJ482
U.L. Bhat, J.1. Second defendant, a concern engaged in the sale of latex and other rubber products, on 1.10.1981 booked 45 drums of rubber latex valued for Rs. 1,17,618.75 for carriage from Kottayam to Bombay, in pursuance of a contract between the second defendant and third defendant for supply of goods to the third defendant. Goods were properly packed and entrusted in a good condition to the first defendant and had been insured with the plaintiff for Rs. 1,17,700/-. Goods were not delivered. First defendant gave non-delivery certificate to second defendant who preferred a claim with the first defendant. But the first defendant declined to settle the claim. Second defendant preferred a claim with the plaintiff who after making due enquiry and on satisfaction that there was non-delivery and loss of consignment paid the sum assured to the second defendant. Thereupon second defendant gave a receipt Exh. A-1 1 and letter of subrogation Exh. A-12 in favour of the plaintiff. Plaintiff brou...
New India Assurance Co. Ltd. Vs. Okay Transport Corporation
Court: Kerala
Decided on: Nov-19-1990
Reported in: I(1991)ACC648
U.L. Bhat, J.1. Second defendant, a concern engaged in the sale of latex and other rubber products, on 1-10-1981 booked 45 drums of rubber latex valued for Rs. 1, 17, 618.75 for carriage from Kottayam to Bombay, in pursuance of a contract between the second defendant and third defendant for supply of goods to the third defendant Goods were properly packed and entrusted in a good condition to the first defendant and had been insured with the plaintiff for Rs. 1, 17, 700/-, Goods were not delivered. First defendant gave non-delivery certificate to second defendant who preferred a claim with the first defendant. But the first defendant declined to settle the claim. Second defendant preferred a claim with the plaintiff who after making due enquiry and on satisfaction that there was non delivery and loss of consignment paid the sum assured to the second defendant. There upon second defendant gave a receipt Ext. A11 and letter of subrogation Ext. A12 in favour of the plaintiff. Plaintiff bro...
P. Narayanan Vs. the Managing Director, Kerala Health Reserach and Wel ...
Court: Kerala
Decided on: Nov-15-1990
Reported in: AIR1991Ker306
S. Padmanabhan, J.1. The coffee stall of the Kerala Health Research and Welfare Society in the payward attached to the District Hospital, Manjeri is intended to cater food solely to in-patients, by-standers and members of staff through contractors. Appellant (plaintiff) was the contractor for three years from 10-3-1976. The document is Ext. B2. It is styled as a lease and the rent fixed is Rs. 125/-per month, Sub-letting is prohibited. Catering had to be in conformity with the standards fixed by the Government, under the supervision and control of the Superintendent of the District Hospital regarding sanitation, quality of food, etc. Right to cancel the licence and close the stall, at any time, was also reserved with him. When the term was about to expire, the appellant was served with notice to vacate. Then he filed the suit for injunction against eviction except in accordance with the provisions of the Buildings (Lease and Rent Control) Act. He claims to be a lessee. Contention is th...
R. Ayyavu and anr. Vs. Gopinathan Nair and anr.
Court: Kerala
Decided on: Nov-15-1990
Reported in: 1991ACJ718
Varghese Kalliath, J.1. This is an appeal by the parents of a child, who was killed in a motor accident. The victim was aged 5 years.2. The unfortunate event happened on 3.12.1981 at 12.30 p.m. The victim, a five years old boy, was a student in the 1st standard. He was dashed by a motor cycle rashly and negligently driven by the 1st respondent herein. The 1st respondent contended that he was not negligent. But the Tribunal found that he was negligent and the accident was caused because of his rash and negligent driving of the vehicle. After the accident, the boy was removed to N.M. Hospital by a good Samaritan, who found the boy in a helpless condition. From that hospital, he was removed to the Medical Trust Hospital. On the next day, the boy died.3. The parents claimed that the boy was intelligent, smart and healthy. A criminal case was launched against the motor-cyclist and he was found guilty under Sections 279 and 304-A, Indian Penal Code.4. The vehicle has been insured by the 2nd ...
Travancore Chemical and Manufacturing Company Ltd. and ors. Vs. State ...
Court: Kerala
Decided on: Nov-15-1990
Reported in: [1991]81STC313(Ker)
K. Sukumaran, J.1. Dealers in diverse goods have come to the Constitutional Court seeking the striking down of Section 59A in the Kerala General Sales Tax Act, 1963. The goods in which they deal range from bread, bun and horlicks to volatile oil, cosmetics and shampoos and imitation jewellery. Even odd goods like tarpaulin, power line carriers, communication equipments, nylon fish nets, copper sulphate, microscope, battery plates and the like are arrayed in the list. Many cases have been disposed of without a pronouncement on the crucial question of constitutional validity, they could be so disposed of : for, the court, on an examination of relevant facts and factors, found that the governmental declaration under the impugned section was in tune with the correct legal position. Such decisions cover Importex International (P) Ltd. v. State of Kerala [1991] 81 STC 351 infra ; (1990) 2 KLT 487 and Rajan v. State of Kerala [1991] 81 STC 330 infra ; (1990) 2 KLT 511 ; in some others, the de...
C.O. Devassy Vs. State of Kerala
Court: Kerala
Decided on: Nov-14-1990
Reported in: [1991]81STC2(Ker)
K.S. Paripoornan J.1. This batch of 18 tax revision cases are filed by different dealers, who are assessees under the Kerala General Sales Tax Act, 1963. They relate to the assessment year 1984-85. Except in T.R.C. No. 124 of 1990 and T.R.C. No. 151 of 1990, the revision-petitioners/ assessees were the appellants before the Sales Tax Appellate Tribunal. T.R.C. No. 124 of 1990 and T.R.C. No. 151 of 1990, revisions filed by the assessees, arise out of Tribunal Appeals Nos. 280 of 1987 and 513 of 1988--appeals filed by the Revenue before the Sales Tax Appellate Tribunal. The revision-petitioners/assessees are all dealers in arecanuts in Kokkalai market in Thrissur District. The returns submitted by them were rejected by the assessing authority holding that the purchases were undervalued with a view to lessening tax liability. The assessments were completed on best judgment basis adopting the average market rate of the goods as gathered by the assessing authority. In a few cases, the asses...
Nalumakkal Service Co-operative Bank Ltd. Vs. P.V. John and anr.
Court: Kerala
Decided on: Nov-08-1990
Reported in: [1992]75CompCas247(Ker)
K.T. Thomas, J. 1. The petitioner is a co-operative bank (for short 'the bank'). A claim was made by the bank against respondents Nos. 1 to 3, principally against the first respondent, for a certain sum of money. An award was passed by the Deputy Registrar (Audit) who was appointed as the arbitrator to decide the dispute raised under Section 69 of the Kerala Co-operative Societies Act, 1969 (for short 'the Act'), allowing the bank to realise the sum claimed with interest at 12 per cent. per annum. The respondents filed a revision before the Kerala Co-operative Tribunal (for short 'the Tribunal') under Section 84 of the Act, challenging the award. The Tribunal set aside the award by exhibit P-1 order which is challenged by the bank in this original petition filed under article 226 of the Constitution.2. The first respondent was holding the post of an attender in the bank. He was placed in charge of the sales section for a while. When stock verification was made, deficit to the tune of R...
Mohan Kumar Vs. Dy. Labour Commissioner
Court: Kerala
Decided on: Nov-08-1990
Reported in: [1991(62)FLR258]; (1993)IIILLJ112Ker
Jagannadha Raju, J.1. This O.P. is filed by the petitioner, who is a partner of Malabar Tile Works, Feroke, and who has been appointed as receiver by Court in O.S. No. 237 of 1984. The petitioner prays for the relief of quashing Ext. P2 order dated 13.12.1985 passed by the Deputy Labour Commissioner, the authority appointed under Section 21 of the Payment of Bonus Act, in Bonus Application No. 2 of 1984.2. The short question that arises for consideration in this O.P. is whether the lay-off compensation paid to the employees is to be considered as 'salary' or 'wages' under the Payment of Bonus Act (hereinafter called the 'Act') for the purpose of determining the bonus payable to the employees.3. When the matter was taken up, the petitioner's counsel brought to my notice order dated 10.8.1990 passed by T.L. Viswanatha Iyer, J in O.P.No. 1779 of 1986, and requested that as His Lordship was pleased to refer an identical matter for consideration by a Division Bench, the present O.P. may als...
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