Kerala Court June 1991 Judgments
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K.M. Joseph Binoy (No. 2) Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Jun-27-1991
Reported in: [1992]194ITR453(Ker)
K.S. Paripoornan, J.1. The appellant in W. A. No. 393 of 1990, is the petitioner in the civil miscellaneous petitions. C. M. P. No. 2844 of 1990 is filed praying for the issue of a certificate to appeal to the Supreme Court of India against the judgment of this court, dated August 14, 1990, rendered in W. A. No. 393 of 1990 (see : [1992]194ITR449(Ker) ). In the writ appeal, a Bench of this court affirmed the decision rendered by a learned single judge in O. P. No. 3709 of 1990. The attack in the original petition was against section 44AC of the Income-tax Act, 1961. It was assailed as ultra vires the Constitution of India and lacking in legislative competence. There is an earlier decision of this court in P. Kunhammed Kutty Haji v. Union of India : [1989]176ITR481(Ker) , wherein an identical challenge was repelled. The said judgment was affirmed by a Bench of this court in Aboobacker (T.K.) v. Union of India : [1989]177ITR358(Ker) . In O. P. No. 3709 of 1990, the learned single judge n...
K. Khader Vs. Rajamma John Kandathil and ors.
Court: Kerala
Decided on: Jun-26-1991
Reported in: AIR1992Ker15
ORDER1. Defendant in O. S. No. 230 of 1989 on the file of the Court of Munsiff of Vaikom is the appellant. Suit is for eviction with arrears of rent.2. Plaint schedule property belonged to second plaintiff. With the permission of second plaintiff, first plaintiff constructed a building and lean to in the suit property. Defendant took the same on a monthly rent of Rs. 100/- agreeing to pay rent regularly or in default to pay interest at the rate of 12% per annum and to give vacant possession on demand. According to plaintiffs, an amount of Rs. 11,442.81 is due from defendant as arrears and interest and notice charges.3. During the pendency of the suit, plaintiffs 1 and 2 assigned the building and lean to and five cents of property wherein the building is situated along with the right to collect arrears of rent due to plaintiffs 1 and 2 from defendant in favour of plaintiffs 3 and 4 and in I.A. No. 589 of 1990, they were impleaded as additional plaintiffs.4. A preliminary objection was r...
C. Sarala Vs. K. Nalinakshan
Court: Kerala
Decided on: Jun-26-1991
Reported in: AIR1991Ker362; II(1991)DMC451
Guttal, J.1. This appeal by the wife, C. Sarala, is against the decree of divorce in favour of her husband K. Nalinakshan, made by the learned Additional Sub Judge, Trivandrum, in O.P. (HMA) No. 49/81. The learned Judge upheld the respondent's case that the appellant deserted the respondent without any cause on 29-8-1974. In this judgment, the appellant and respondent are referred to as Wife and Husband respectively or W and H for the sake of brevity.2. The parties were married on 30-5-1958 according to Hindu rites and lived together at Patton till 29-8-1974. There are three daughters born of this wed-lock, two of them since married while living with the wife. There is no dispute that the wife physically left the husband's house on 29-8-1974. What is disputed is the element of desertion, for the wife urges that she was driven out by the husband after continued ill-treatment. Before considering whether the wife deserted the husband on 29-8-1974, a reference to certain previous proceedin...
Madhavi Amma Vs. Union of India (Uoi)
Court: Kerala
Decided on: Jun-26-1991
Reported in: (1992)IILLJ552Ker
K.A. Nayar, J.1. Petitioner's son was enrolled as Sepoy on February 6, 1969 in the Armed Forces, Medical College, Pune. He had about 6 years 324 days service when he died on December 26, 1975. The communication intimating this sad news to the petitioner's husband reads as under:-'Your son was in good health and spirits on the morning of December 26, 1975. He took part in sports of the college week celebrations and won five prizes. At about 2130 hrs he was found lying unconscious. He was immediately removed to the Command Hospital (Southern Command) PUNE for treatment, but unfortunately expired on the way. A postmortem was carried out on December 29, 1975 and cause of death was assessed to be ACUTE LEFT VENTRICULAR FAILLJRE FOLLOWING CORONARY OCCLLJSION.Your son was a fine soldier who displayed a keen sense of discipline, loyalty and courage during his service with this college. His death leaves a gap which will be difficult to fill.'2. The respondent in the counter affidavit stated tha...
Vasudevan Nair Vs. Regional Director, Esic
Court: Kerala
Decided on: Jun-26-1991
Reported in: 1992ACJ387; (1992)ILLJ359Ker
Varghese Kalliath, J.1. This is an appeal against the order of the Employees' Insurance Court, Allepey, The subject-matter of the appeal was a dispute as regards the disability benefit of the appellant herein.2. Appellant is an insured employee. He met with an accident in the course of his employment. This happened on July 25, 1985. Appellant is a loading helper. As we understand from the terminology of his work, viz., loading helper, it must be a strenuous work, which requires physical exertion. There was no dispute that as a result of the accident, he sustained a compound fracture at his right hand. He has undergone a long treatment, for about 144 days. Even at the time when the certificate of disability was issued, it was revealed that a steel plate has been inserted for the purpose of uniting the fractured bone. From the fact that the appellant has under gone treatment for a period of 144 days and from the nature of the fracture, we feel that there is possibility of suffering a sub...
Vasudevan Nair Vs. Regional Director E.S.i. Corporation
Court: Kerala
Decided on: Jun-26-1991
Reported in: I(1993)ACC264
Varghese Kalliath, J.1. This is an appeal against the order of the Employees' Insurance Court, Alleppey. The subject-matter of the appeal was a dispute as regards the disability benefit of the appellant herein.2. Appellant is an insured employee. He met with an accident in the course of his employment. This happened on 25.7.1985. Appellant is a loading helper. As we understand from the terminology of his work, viz., loading helper, it must be a strenuous work, which requires physical exertion. There was no dispute that as a result of the accident, he sustained a compound fracture at his right hand. He has undergone a long treatment, for about 144 days. Even at the time when the certificate of disability was issued, it was revealed that a steel plate has been inserted for the purpose of uniting the fractured bone. From the fact that the appellant has undergone treatment for a period of 144 days and from the nature of the fracture, we feel that there is possibility of suffering a substan...
Parappurath Cholayil Beeran Vs. State
Court: Kerala
Decided on: Jun-26-1991
Reported in: 1992CriLJ2225
Pareed Pillay, J.1. Appellant is the first accused in SC 24 of 1987 of the Sessions Court, Manjeri. He along with the second accused stood charged Under Section 302 read with Section 34 of the I.P.C. Appellant (A-1) was found guilty Under Section 302 of the I.P.C. and he was sentenced to undergo imprisonment for life. A-2 was acquitted.2. The prosecution case is that on account of previous enmity appellant and A-2 assaulted Makkayi alias Marackar causing him fatal injuries on 22-4-1986 at about 1 p.m. Marackar (deceased) was standing in front of a stationery shop in Edavannappara bazaar. The incident happened in between the stationery shop and a stationary bus. According to the prosecution, appellant came there with a bag carrying M.O. 1 sickle and cut Marackar on his neck from behind with M.O. 1 sickle and also inflicted many more cut injuries. A-2 inflicted injuries on Marackar with M.O. 2 dagger. P.W. 1 and others took Marackar to the Government Hospital, Manjeri. On the way to the ...
Gracykutty Mammen and Etc. Vs. Chengannur Municipal Council
Court: Kerala
Decided on: Jun-25-1991
Reported in: AIR1992Ker197
ORDER1. Identical questions arise for consideration in these original petitions, filed against the same legal authority, the Chengannur Municipal Council. So consider it advantageous to dispose of them by a common judgment.2. Petitioner in O. P. 10175/89 is the proprietor of Theatre 'Chippy Movies', Chengannur. While matinee show was in progress on 12-9-1989, the Chairman of the Municipality accompanied by the Chairman of the Standing Committee visited the theatre. At that time daily collection register was not completed. They also found extra chairs placed in the balcony and first class. Thereupon Ext.P-1 notice dated 20-9-1989 was issued calling upon them to show cause why action should not be taken for the above violation. In compliance with that notice, petitioner filed Ext.P-2 reply. Without affording any further opportunity to the petitioner to substantiate his objections and without hearing him, Ext.P-3 order dated 30-11-1989 was served directing him to close down the theatre wi...
Commissioner of Income-tax Vs. M.A. Unneerikutty and Kalpaka Tourist H ...
Court: Kerala
Decided on: Jun-24-1991
Reported in: (1991)98CTR(Ker)207; [1992]194ITR546(Ker)
K.P. Radhakrishna Menon, J.1. The common question that is referred to us for our opinion reads :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the Commissioner of Income-tax was not justified in invoking his powers under Section 263 of the Income-tax Act, 1961, with reference to the material which came on record very much later than the making of the assessment for the assessment year 1975-76 in either case, that is, the declarations in the mortgage deed, records of the Corporation, etc.?'2. Facts relevant and requisite to dispose of the dispute lie in a narrow compass. The year of assessment is 1975-76. As the order of assessment, according to the Commissioner, was erroneous in so far as it was prejudicial to the interests of the Revenue, the same was sought to be revised by invoking Section 263 of the Income-tax Act. The Commissioner, it could be seen from the records, has had with him materials which the assessing ...
Commissioner of Income-tax Vs. Aspinwall and Co. (Travancore) Ltd.
Court: Kerala
Decided on: Jun-24-1991
Reported in: (1991)97CTR(Ker)110; [1992]194ITR739(Ker)
K.K. Usha, J.1. Questions, identical in nature, involving interpretation of Sections 36 and 37 of the Income-tax Act, 1961, are referred in these cases. They are as follows :Income-tax Reference No. 81 of 1989 : 'Whether, on the facts and in the circumstances of the case, the assessee is entitled to claim deduction of the contribution of Rs. 16,359 made to the unrecognised Executive Staff Provident Fund ?' Income-tax Reference No. 82 of 1989 : 'Whether, on the facts and in the circumstances of the case, the assessee is entitled to claim deduction of the contribution of Rs. 90,220 made to the unrecognised Executive Staff Provident Fund ?' 2. These questions of law arise out of the consolidated order dated September 11, 1987 of the Income-tax Appellate Tribunal, Cochin Bench, in I. T. A. Nos. 134 and 135/Coch. of 1984, in respect of the assessment years 1978-79 and 1979-80. The assessee, a public limited company, carrying on the business of manufacture and sale of coir products, claimed ...
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