Court : Kerala
Reported in : AIR1991Ker175; I(1991)DMC323
P.K. Shamsuddin, J.1. Plaintiffs 1 to 5 in O.S. No. 133 of 1978 on the file of the Court ofAddl. Subordinate Judge, Trivandrum, are the appellants. The suit is for declaration of the title of the plaintiffs and the 4th defendant over the plaint schedule property and for an injunction restraining the defendants 1 to 3 from entering into the plaint schedule property and alternatively to recover possession of the property if the Court finds that the 3rd defendant is in possession of the suit property during the pendency of the suit. There is also a prayer for partition of the suit property if the Court finds that the document Ext. 17 dated 13-3-1975 is not void in its entirety.2. It is the plaintiffs' case that the plaint schedule property was obtained by Adichan Nadar, the father of the 4th defendant, under the partition deed of the year 1079 evidenced by Ext. A-1, that the plaintiffs, the 1st defendant and Santhakumari are the children of the 4th defendant, that they are Hindu Nadars go...
Tag this Judgment!Court : Kerala
Reported in : [1992]194ITR449(Ker)
K.S. Paripoornan, J.1. The petitioner in Original Petition No. 3709 of 1990, is the appellant in this writ appeal. He is an abkari contractor and an assesses under the Income-tax Act, 1961. In the original petition, the attack was against section 44AC of the Income-tax Act, 1961. The petitioner contended that the said provision of law is ultra vires the Constitution. The provision was challenged as beyond legislative competence and also on the ground that it is discriminatory. There is also a prayer that this court may be pleased to reconsider its earlier decisions upholding the aforesaid provision in the Act. The decision aforesaid is reported in P. Kunhammed Kutty Haji v. Union of India : [1989]176ITR481(Ker) . The said judgment is dated February 17, 1989, and was rendered by a learned single judge of this court. In appeal, the said judgment was affirmed by a Bench of this court in Aboobacker (T. K.) v. Union of India : [1989]177ITR358(Ker) . K. P. Radhakrishna Menon J., disposed of ...
Tag this Judgment!Court : Kerala
Reported in : [1991]81STC351(Ker)
K. Sukumaran, J.1. The proper classification of nylon fishing nets for purposes of sales tax under the Kerala General Sales Tax Act, 1963 (hereinafter referred to as 'the Act'), is the common question involved in these cases.The competition is between entry 7 of the Third Schedule reading :'7. Cotton fabrics, woollen fabrics and rayon or artificial silk fabrics as defined in items Nos. 19, 21 and 22 respectively of the First Schedule to the Central Excises and Salt Act, 1944.'and entry 100 of the First Schedule reading:'100. Bonded fibre fabrics other than those made of coir.'2. The petitioners are dealers in nylon fishing nets. The Government issued an order invoking Section 59A of the Act, on October 21, 1985. It took the view that the nylon nets will come under entry 100. The reasoning in the order reads :'Government have examined the question in detail. It is seen that nylon nets are manufactured out of nylon twines by the process of weaving. Being a woven stuff, these nets are to ...
Tag this Judgment!Court : Kerala
Reported in : 1991CriLJ2531
ORDERK.A. Nayar, J.1. The original petition is filed for a direction to respondents 5 and 6 to afford protection to the lives of the petitioners and the properties of Ainul Huda Madrassa of Padappengad Muslim Jumath from the threat of respondents 1 to 4 and also to quash Ext. P4 order of the District Collector, Cannanore passed Under Section 27 of the Kerala Police Act. The petitioners are the President, Secretary and Treasurer of the Jumath Committee. The said committee was unanimously elected according to the petitioner on 21-3-1990 and they took charge on 1-4-1990. The committee is constituted under the bye-law of the society. It runs a Madrassa and is also incharge of administration of the Society. I am concerned with this petition only the Madrassa and its administration. According to the petitioner for the past several years the Madrassa was following the syllabus prescribed by Samastha Kerala Muslim Vidyabyasa Board and the Madrassa was teaching its students syllabus prescribed ...
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker272
P.K. Shamsuddin, J. 1. The 1st defendant in O.S. No. 432/80 on the file of the Sub Court, Trivandrum is the appellant in A.S. No. 433/ 83. The 1st plaintiff in O.S. No. 283/81 on the file of the same Court is the appellant, in A.S. No. 487/83. Both the suits were filed for partition and were tried together by the lower court and a common judgment was rendered. 2. The material averments in the plaint in O.S. No. 432/80 may be summarised as follows : The plaint schedule property originally belonged to Kali Padmanabhan and Kali Sankaran and it was B schedule item No. 11 in O.S. No. 109/1120 of the District Court, Trivandrum. It consisted of 8.463 cents of land in Sy. No. 1062 and the building thereon. This property and item No. 2 in O.S. No. 283/81 belonged to two brothers kali Padmanabhan and Kali Sankaran. Item No. 2 in O.S. 283/81 belonged to Kali Sankaran exclusively. There was a suit O.S. 109/1120 for partition of 2 items jointly belonged to two brothers. A final decree was passed in...
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker148
ORDERK.P. Radhakrishna Menon, J.1. The reliefs prayed for in these Original Petitions are similar, though not identical and therefore they are disposed of by a common judgment. 1 shall, for the purpose of dealing with the various contentions raisedby the petitioners, extract hereunder the reliefs prayed for in O. P. 6167/90 ;--'(i) For a declaration that the employees of VSSC, inclding the petitioners, are not liable to pay profession tax under the Kerala Panchayats Act, as amended by Act 4 of 1989, to respondents 5 to 10, at any rate, until Ext. P38 representation is properly considered and disposed of by respondents 1 to 4. (ii) issue a writ of certiorari or such other writ, direction or order quashing Exts, P7, P12, P29, P24, P24(a), P35 and P37. (iii) issue a writ of mandamus directing respondents 1 to 4 to consider the dispose of Ext. P38 representation and other representations pending before them in the matter of grant of exemption from payment of profession tax to the employees...
Tag this Judgment!Court : Kerala
Reported in : [1990]186ITR97(Ker)
K.P. Radhakrishna Menon, J.1. The assessed is before the court. Exhibits P-1, P-3, and P-4 are under challenge.2. Exhibit P-1 is the order of the assessing authority giving effect to the order of the appellate authority. By exhibit P-3 order, the Commissioner has modified exhibit P-l order based on which exhibit P-4 consequential order has been passed.3. The short question arising for consideration is this : 'Whether, on the facts and in the circumstances of the case, the petitioner is entitled to getinterest in terms of Section 132B(4) as well as under Section 244(1A) of the Income-tax Act, 1961, (for short 'the Act') ?'4. A resume of the facts relevant to decide the issue can be stated thus : An amount of Rs. 5,52,000 was seized by the Enforcement Directorate, Trivandrum, from the residence of the petitioner. On a requisition under Section 132A(1) of the Act, the Enforcement Directorate handed over the above amount to the Income-tax Department on June 28, 1980. The Income-tax Officer...
Tag this Judgment!Court : Kerala
Reported in : (1991)IILLJ226Ker
Radhakrishna Menon, J.1. Life Insurance Corporation of India, for short the Corporation, is the petitioner.2. Ext.P1 order of the first respondent is under challenge. Gist of this order given in Ext. P2 reads:-'It is hereby informed that orders have been passed in the above case. As per the order, the respondent is directed to reinstate the appellant in service with backwages of Rs. 29,552/- (Rupees twenty nine thousand five hundred and fifty two) for the period from 2-9-87 to the date of this order. In the event of failure to comply with the above directions, the appellant will be paid a lumpsum compensation of Rs. 35,000/- (Rupees thirty five thousand only). The above directions shall be complied with by the respondent within 30 days of receipt of the gist of this order, failing which steps will be taken to recover the same under Revenue Recovery Act, with 9% compound interest during the period of default'.Facts relevant and requisite to dispose of the dispute lie in a narrow compass...
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker139
1. O.P. 5003/1990 is filed by Kasaragod District Bus Owners Association represented by its Secretary, M. Balakrishnan Nambiar and O.P. 5561 is filed by individual operator. Both the original petitions challenge the nationalisation of 5 routes mentioned in the draft scheme lying between Kasaragod and Kanhangad. Since the challenge is against one and the same notification, I refer exhibits with respect to O.P. 5003/1990. As the Government of Kerala was of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated passenger road transport service, it was necessary in the public interest that the passenger road transport services mentioned in the 5 routes should be run and operated by the State Transport Undertaking, viz. the third respondent, the first respondent published a scheme in Kerala Gazette dated 18-1-1990. The scheme provided that the 5 routes detailed in annexure to Ext. P-2 will be operated by State Transport Undertaking in the manne...
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker183
P.K. Shamsuddin, J.1.1st defendant in O.S. No. 45 of 1981 on the file of the Court of Principal Sub Judge, Cochin, is the appellant. Suit was for damages for short delivery of certain cargo entrusted for carriage to the 1st defendant.2. Plaintiff is a Company engaged in business as Printers and Publishers. 1stdefendant is a Shipping Company. 2nd defendant is local agent of the 1 st defendant-Company at Cochin, 3rd defendant is State Trading Corporation of India and the 4th defendant is Insurance Company.3. State Trading Corporation of India is the authorised agent for import of newsprint. It placed order to purchase as per Ext. A2 invoice, 38 reels of white glazed newsprint from a Company named 'FINISH PAPER MILLS' ASSOCIATION' in Helsinki. The purchase was made with a view to supply paper to the plaintiff against their newsprint quota for the year 1979-80. The consignment had a total weight of 19-726 metric tonnes. On 15-1-1980 the above consignment packed in 38 bundies, was entrusted...
Tag this Judgment!