Kerala Court December 1990 Judgments
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Tata Tea Ltd. Vs. Inspector of Plantations
Court: Kerala
Decided on: Dec-11-1990
Reported in: (1992)ILLJ603Ker
Radhakrishna Menon, J.1. Employer is petitioner.2. Ext. P5 order of the second respondent, the Chief Inspector of Plantations, Kottayam confirming the orders of the Inspector of Plantations directing payment of maternity benefit to respondent 3 onwards, in addition to the benefit they have already been given by the management under the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, for short the National and Festival Holidays Act, is under challenge.3. The short question arising for consideration is whether an employee entitled to the benefit of Maternity Benefit Act, 1961 is eligible to claim the benefit under Section 5(1) of the National and Festival Holidays Act. The answer depends upon the construction of Sections 4A and 5 of the National and Festival Holidays Act. I shall now extract the relevant provisions:'4A. Power of employer to require to work on holidays.-(1) Notwithstanding anything contained in Section 3, an employer may, by notice in writing,...
Khadigramodyod Bhavan Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Dec-10-1990
Reported in: AIR1991Ker413
P.K. Shamsuddin, J.1. Plaintiff in O.S. No. 27 of 1981 on the file of the Sub Court, Ernakulam, is the appellant. The suit is for recovery of damage.2. Plaintiff despatched during the years 1977 and 1978 piece goods under three consignments Exts. Bl, B2 and B4. Out of the consignments, the subject-matter of the appeal is only the consignment under Ext. B4 that was despatched on 23-1-1978. This consignment reached Ernakulam on 10-2-1978. Pilferage and shortage were suspected and on demand made by the plaintiff, open delivery was allowed and accordingly on 6-3-1978 open delivery was given and the Railway Inspector issued Ext. B5 certificate showing that 20 pieces were found short. The value of the goods found short was admitted to be Rs. 3815.07. In spite of repeated demands made by the plaintiff, to settle their claim, the Railway Administration refused to pay the amount. Hence the suit.3. 1st defendant in the written statement contended that there was no valid notice Under Section 78(B...
Life Insurance Corporation of India Vs. B.P. Kunhi Aichu
Court: Kerala
Decided on: Dec-10-1990
Reported in: 1991ACJ682; [1991]70CompCas641(Ker)
Sukumaran, J.1. This appeal presents a virgin question in insurance law : the scope and implications of a term in a proposal for the policy. The court below decreed the plaintiff's suit. The Life Insurance Corporation felt aggrieved by it. It challenges the conclusion and subsidiary findings as contained in the judgment adverse to it.2. The factual background has to be furnished first before we discuss the nice and enticing question of law.3. Yogimadathil House in Tellicherry was an expansive family. Khadija of that house had six sons and four daughters. Adbul Kader was one among them. The constrictions of his country side could not easily solve the problems of his poverty. Like many others, he migrated to Bombay (described by that constitutional architect, Montague, as 'one of the wonders of the world'). It was only a pavement shop near Flora Fountain in 1959. The trade was brisk. The profit was sizable. The prosperity was impressive. That attracted the younger brother, Androo, to his...
Raj Kamal Transport Vs. New India Assurance Co. and ors.
Court: Kerala
Decided on: Dec-10-1990
Reported in: I(1991)ACC660
P.K. Shamsuddin, J.1. 1st defendant in O.S. No. 217 of 1982 on the file of the Sub Court, Ernakulam, is the appellant Suit is for money for damages.2. The facts that led to the filing of the suit are as follows:M/s. Kwality Food Products, the predecessor-in-interest of the 2nd defendant was doing business of manufacture, marketing, sale and distribution of food products like biscuits under the name and style 'Kwality Biscuits'. It is the plaintiff's case that in the course of business, M/s. Kwality Food Products despatched 1110 tins of Kwality biscuits to M/s. Ceylon Fancy House, Market Road, Ernakulam. The goods were entrusted for transport to 1st defendant from the branch office of M/s. Kwality Food Products in Palghat and were transported by the 1st defendant. On reaching the goods at the destination it was found that there was shortage. A certificate of damage and shortage of goods was also issued by the 1st defendant. It is the plaintiffs case that it was on account of the neglige...
Abdul Sathar Vs. Arifa Beevi and anr.
Court: Kerala
Decided on: Dec-06-1990
Reported in: I(1991)DMC275
K.G. Balakrishnan, J.1. Both these criminal miscellaneous cases arise out of the judgment passed in M.C. 64 of 1988. The 1st respondent in Crl. M.C. 723 of 1990 filed an application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short the Act) for a reasonable and fair provision and maintenance for herself and the child born to her. The marriage between the petitioner and the first respondent took place on 6-10-1985. The child was born in the wedlock on 26-10-1986. The husband-petitioner divorced the wife on 10-1-1987. The wife filed M.C. claiming Rs. 2,250/- as reasonable and fair provision and maintenance under Section 3(1)(a) of the Act, and Rs. 12.000/- as reasonable and fair provision for the child for a period of two years from 26-10-1986 to 26-10-1988. The first respondent also claimed Rs. 51/- towards mahr and prayed for return of certain properties, which are mentioned as items 4 to 7, as per Section 3(1)(d) of the Act. The trial court all...
Prof. P. Meerakutty Vs. the State of Kerala and ors.
Court: Kerala
Decided on: Dec-05-1990
Reported in: AIR1992Ker273
Balanarayana Marar, J. 1. Petitioner seeks a writ of mandamus to command 5th respondent to issue a certificate of income during the current year, i.e. from 1-4-1990 to 31-3-1991. He is a retired Professor of Malayalam Department of T.K.M. College of Arts and Science, Quilon. He retired on 31-3-1990. His wife also retired on the same day as Headmistress from Perinad Government Welfare Lower Primary School. Petitioner is getting Rs. 492/- as pension per month. His wife is entitled to get Rs. 655/- per month as pension. Their daughter Miss. Lajni applied for admission to M.B.B.S. Course for the year 1990-91 of the Directorate of Medical Education, Government of Kerala. She appeared for the entrance examination, the result of which was published on 27-7-1990. Her rank in the general list is 1331 and she would therefore get admission in the quota allotted for socially and educationally backward communities. Candidates belonging to those communities have to produce the family income certific...
Joy Alias Itty Abraham and anr. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Dec-05-1990
Reported in: [1991]72CompCas57(Ker)
K.T. Thomas, J. 1. The petitioners who were members of the board of directors of a co-operative bank (for short, 'the bank') were declared disqualified to hold the posts since they were convicted and sentenced for offences under Sections 7 and 8 of the Kerala Gaming Act, 1960. The aforesaid action of the second respondent (Joint Registrar of Co-operative Societies) is in challenge now. 2. The facts which are not disputed are the following : The petitioners were elected to the board of directors of the bank on February 19, 1989. The period of the board, as per the bye-laws of the bank, is five years. On November 16, 1987, the two petitioners along with six others were charged for offences under Sections 7 and 8 of the Kerala Gaming Act before a Magistrate. Except two, all the others pleaded guilty and the Magistrate convicted them and imposed a sentence of fine on them. The other two who pleaded not guilty faced trial and were ultimately acquitted. The petitioners are among those who pl...
Commissioner of Income-tax Vs. M.K. Gabrial Babu and anr.
Court: Kerala
Decided on: Dec-05-1990
Reported in: (1991)97CTR(Ker)14; [1991]188ITR464(Ker)
K. Sukumaran, J. 1. A question of interpretation of Section 132(1) of the Income-tax Act, 1961, is raised in this appeal. The Income-tax Officer made a search and effected a seizure of some items of property by exhibit P-1 dated June 27, 1990. The complaint of the writ petitioner related to the invalidity of his action in relation to the immovable properties mentioned as items Nos. 1 to 3 in the order so passed by the Income-tax Officer. They are properties covered by the G. C. D. A. Scheme at Kaloor, another item of property admeasuring 6.42 cents in Survey No. 83/10/c. 1 with a building and a commercial shop building in Cochin-18. 2. The learned judge who analysed the scope and ambit of the section in the background of the statutory scheme came to the conclusion that the action of the officer is denuded of jurisdiction. After detailing the various provisions in the enactment and analysing the segment of Section 132(1), the learned judge observed : 'It is thus clear from the scheme of...
B. Rajendra Vs. Sree Kumari S.
Court: Kerala
Decided on: Dec-05-1990
Reported in: II(1991)DMC108
M.M. Pareed Pillay, J.1. Revision petitioner is the husband who filed O.P. (HMA) 264 of 1986 against his wife (respondent) on the ground of desertion, cruelty and adultery. Husband filed I.A. 2819 of 1990 to .dispense with the joinder of adulterers as co-respondents. The petition was filed under Rule 11 of the Hindu Marriage (Kerala) Rules 1963. The application was dismissed by the Sub Judge holding that the petition is without any bonafides.2. In paragraph 9 of the petition it is stated that the respondent is leading an immoral life and she is having voluntary sexual intercourse with other persons. It is further stated that the petitioner had no occasion for any physical contact with the respondent after she deserted him and later on he came to know that she was admitted in the Cosmopolitan Hospital in September, 1985 and that she underwent an operation for aborting illegal pregnancy. In the interlocutory application it is stated that the petitioner made due and deligent enquiries to ...
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