Kerala Court January 1991 Judgments
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Commissioner of Income-tax Vs. Smt. V.J. Aleykutti,
Court: Kerala
Decided on: Jan-31-1991
Reported in: [1991]189ITR711(Ker)
K.S. Paripoornan, J. 1. This batch of 13 references are at the instance of the Revenue. The respondents in this batch of cases are three different assessees, Smt. V.J. Aleykutty, Shri K.J. Mathew and Shri T.J. Joseph. Some important aspects that arise for consideration in these cases are common. So the cases were heard together as agreed to by the Revenue and the respondent-assessees. 2. Before we advert to the question/questions of law referred in the various cases by the Income-tax Appellate Tribunal (in short, 'the Tribunal') for the decision of this court, it will be useful to specify the different assessees in the different cases and the assessment years involved in the said cases. As stated earlier, in all the cases, the references are at the instance of the Revenue, the applicant.3. The details of the various cases are as follows : Income-tax References Nos. 71 and 72 of 1986 : Respondent-assessee ... Smt. V.J. Aleykutty.Assessment years . . . 1969-70 and 1970-71. Income-tax Re...
Sathyabhama Vs. E.S.i. Corporation
Court: Kerala
Decided on: Jan-30-1991
Reported in: 1991ACJ861; [1991(63)FLR339]; (1992)ILLJ831Ker
Bhat, J.1. Appellant was employed in the Finishing Department of Madura Coats Ltd., Koratti. On the morning of January 7, 1983 she had gone to the premises of the employer to sign lay-off register as she along with others had been laid-off. She signed the register, came out of the premises and stepped into the public road with a view to cross the road to proceed homewards. Then a scooter came and struck her and she sustained injuries. After complying with the requisite formalities, she preferred a claim before the E.S.I. Court, Alleppey claiming compensation. The claim was resisted by the employer and was rejected by the E.S.I. Court. The E.S.I. Court rejected the claim on two grounds; one is that the person who goes to the employer's premises to sign lay-off register cannot be said to have gone there in the course of employment and the injury cannot be said to be an employment injury. The second reason is that since she had received compensation from the owner of the scooter, she is n...
Chacko P.M. Alias Thankachan Vs. Rosamma Antony and ors.
Court: Kerala
Decided on: Jan-30-1991
Reported in: 1991ACJ597
D.J. Jagannadha Raju, J.1. These two appeals arise out of an award dated 5.5.1989 in M.V.O.P. No. 520 of 1987 on the file of the Motor Accidents Claims Tribunal, Kottayam. M.F.A. No. 566 of 1989 is filed by the claimants who are legal representatives and dependants of Antony Alexander who died on account of injuries sustained by him in the accident in which car KLC 4828 driven by the appellant in M.F.A No. 627 of 1989 was involved.2. Parties to the appeals will be referred to in this judgment by their ranking before the Tribunal. The facts of the case are: First respondent, Dr. T.V. Jose, is registered owner of the car. Second respondent was the driver employed by him. The car was insured by the third respondent. The insurance policy was valid for the period 25.11.1986 to 24.11.1987. On 9.4.1987, Antony Alexander and others were travelling in the car from Kottayam to Shertallai. The car reached Kothanalloor at about 7.45 p.m. On account of rash and negligent driving by the second respo...
Chacko P.M. and ors. Vs. Rossamma Antony and ors.
Court: Kerala
Decided on: Jan-30-1991
Reported in: II(1991)ACC242
O.J. Jagannudha Raju, J.1. These two appeals arise out of an award dated 5.5.1989 in M.V.O.P. No. 520 of 1987 on the file of the Motor Accident Claims Tribunal, Kottayam. M.F.A. No. 566 of 1989 is filed by the claimants who are legal representatives and dependents of Antony Alexander who died on account of injuries, sustained by him in the accident which the car K.L.O. 4828 driven by the appellant in M.F.A. No. 627 of 1989 was invoked.2. Parties to the appeals is will be referred to in this judgment by their ranking before the Tribunal. The facts of the case are; First respondent, Dr. T.V. Jose is registered owner of the car. Second respondent was the driver employed by him. The car-was insured by the third respondent. The insurance policy was valid for the period 25-11-1986 to 24-11-1987. On 9.4.1987, Antony Alexander and others were travelling in the car from Kottayam to Shcrtalley. The car reached Kothanalloor at about 7.45 p.m. On account of rash and negligent driving by the second...
P. Padmanabhan Nair and anr. Vs. the Deputy Director of Education, Mal ...
Court: Kerala
Decided on: Jan-25-1991
Reported in: AIR1991Ker199
Viswanatha Iyer, J.1. The twopetitioners are the Manager and the Headmaster respectively of the Nava Mukunda High School, an aided school governed by the Kerala Education Act and the Rules (in short 'the Act and the Rules').2. The post of Headmaster in the school fell vacant on April 1, 1979 consequent on the retirement of Sri P.M. Sethumadhavan Nair from service.3. Rule 44A of Chapter XIV-A of the Rules prescribes the minimum service qualification for appointment as Headmaster of a High School as twelve years of continuous graduate service with a pass in the test in the Kerala Education Act and the Kerala Education Rules, and in Account Test (Lower) conducted by the Kerala Public Service Commission. There was however an exemption in favour of persons who have completed the age of fifty years as also twenty five years of service. Sub-rule (2) of the rule provided that if any teacher with the minimum service qualification was not available for appointment, the Manager may appoint any ot...
Dr. V. Mohan Das Vs. Deputy Commissioner of Income-tax (Assessment) an ...
Court: Kerala
Decided on: Jan-25-1991
Reported in: [1991]188ITR727(Ker)
Chettur Sankaran Nair, J.1. The petitioner seeks to quash exhibits P-12 and P-13 notices issued under Section 148 of the Income-tax Act, 1961, and exhibit P-16 letter by which the first respondent rejected his request fordisclosing the grounds for issuing the notices. There is a further prayer to direct the second respondent to dispose of exhibit P-4, an application under Section 273A of the Act.2. The petitioner was assessed to income-tax for the assessment years 1982-83, 1983-84 and 1984-85 by exhibits P-1 to P-3 orders, on the basis of revised returns filed by him. Subsequently, penalty and interest were also levied. On appeal, the levy of penalty was set aside by exhibits P-8 to P-10 orders. A petition filed by the assessee under Section 273A of the Act exhibit P-4 is still pending consideration.3. While.so, the first respondent issued notices under Section 148 (exhibits P-12 and P-13) proposing to reopen the assessment for the year 1984-85 and requiring the petitioner to file retu...
Commissioner of Wealth-tax Vs. Valia Aryan Bhattathiripad
Court: Kerala
Decided on: Jan-25-1991
Reported in: [1991]188ITR665(Ker)
K. S. Paripoornan, J. 1. At the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following two questions of law for the decision of this court :'1. Whether, on the facts and in the circumstances of the case, was the Tribunal right in law and in fact in holding that there is no joint family system in existence on the passing of the Kerala Joint Hindu Family (Abolition) Act, 1975, since the family was defunct on the date of the assessment order 2. Whether, on the facts and in the circumstances of the case, was the Tribunal right in law and in facts in holding that the assessments are null and void ?' 2. The matter arises under the Wealth-tax Act for the assessment years 1970-71 to 1973-74. The respondent, as the karta of the Hindu undivided family, filed returns for the above four years. The return for the year 1970-71 was filed on October 5, 1970, and, thereafter, the returns for the other three assessment years were filed. Subsequently, on January 12, 1978, ...
Smt. Elizebath Samuel Aaron and ors. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jan-24-1991
Reported in: AIR1991Ker162; [1992]75CompCas377(Ker)
Viswanatha Iyer, J.1. This original petition under Art. 226 of the Constitution essentially challenges Sections 3 and 7 of the Super Clays and Minerals Mining Company (Private) Ltd. (Acquisition of Undertakings) Act, 1983, Kerala Act 3 of 1984, (for brevity the Act), and seeks a declaration that the said Act is unconstitutional, though the prayers, as they are, are couched in inartistic language. The original petition is filed in the following circumstances.2. There are three petitioners of which the second petitioner is the Company, The Super Clays and Minerals Mining Company (Private) Limited (hereinafter referred to as the Company). Petitioners I and 3 are two of its shareholders, the first petitioner Smt. Elizebath Samuel Aaron claiming to be its single largest shareholder. The main object of the Company is to mine china clay, purify and supply the same to various industries for the manufacture of fire bricks, refactories lining bricks, china ware etc. The Company commenced its ope...
Kattil Vayalil Parkkum Koiloth Moideen Vs. Mannil Paadikayil Kadeesa U ...
Court: Kerala
Decided on: Jan-24-1991
Reported in: AIR1991Ker411
ORDERP. Krishnamoorthy, J.1. The decree-holder is the revision petitioner. The suit is for partition and separate possession of the plaintiffs share. A preliminary decree was passed in the case. During the pendency of the application for passing of a final decree, respondents herein filed an application for implcading them as additional parties contending that their predecessors had an oral lease in respect of the suit property and that it devolved on them. That application for impleading them was dismissed by the trial court holding them an unnecessary parties to the suit. Thereafter a final decree was also passed.2. After the final decree was passed, the respondents filed a caveat Under Section 148-A of the Code of Civil Procedure praying that they also may be given notice before any order is passed while executing the decree on an application made by the decree-holder. Under the impugned order dt. 10-10-1990 the lower court lodged the caveat. The revision is by the decree-holder aga...
Hamza and ors. Vs. Taluk Land Board and ors.
Court: Kerala
Decided on: Jan-24-1991
Reported in: AIR1991Ker251
ORDERM.M. Pareed Pillay, J.1. First petitioner is the son of the declarant and second petitioner is the second wife of the declarant. A draft statement was issued to the second petitioner calling upon her to file objection to surrender 24.35 acres of land. She filed objections. Taluk Land Board rejected her contentions and passed the final order on 29-12-1982 holding that she is liable to surrender the excess land. Second petitioner filed C.R.P. 202 of 1983 before this Court. That C.R.P. was dismissed. Contention of the first petitioner is that he was not aware of the proceedings, that he filed an application u/ S. 85(8) of the Kerala Land Reforms Act to set aside the order of the Taluk Land Board and that the Board rejected his claim as unsustainable. It is argued by the counsel for the petitioners that the Taluk Land Board ought to have issued notice to all the legal representatives of the declarant as the proceedings were initiated after his death. Declarant died in 1973. Proceeding...
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