Kerala Court July 1991 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
K. Meenakshi Amma Vs. Sreerama Vilas Press and Publications (P.) Ltd. ...
Court: Kerala
Decided on: Jul-10-1991
Reported in: [1992]73CompCas275(Ker)
K. John Mathew, J.1. This is an application for declaring that the election of directors and managing director of Sreerama Vilas Press and Publications (P.) Ltd. (hereinafter referred to as 'the company') held on March 10, 1990, is illegal, void and inoperative. The applicant is a shareholder of the company. The company was ordered to be wound up-by order dated November 4, 1976. Subsequently, by an order dated March 19, 1985, this court approved a scheme for the revival of the company. As per the said order, the board of directors as on the date of the winding up petition was revived. Subsequent to that order, a general body meeting of the company was held on April 19, 1985, in which a new board of directors was elected. Subsequently, another general body meeting of the company was held on February 25, 1986, in which meeting a resolution was passed removing one of the directors, N. Madhavan Nair, who was the managing director of the company. Thereupon, he filed Application No. 63 of 19...
The Divisional Manager, L.i.C. of India Vs. Bhagavathy Amma and ors.
Court: Kerala
Decided on: Jul-09-1991
Reported in: AIR1992Ker329
K.P. Balanarayana Marar, J. 1. A substantial question has been raised in this appeal. That relates to the right of a mortgagee to claim Interest provided in the mortgage deed from the date of suit till the period fixed for redemption. The Life Insurance Corporation advanced a sum of Rs. 30,000/ - to the respondents for the purpose of construction of a residential-cum-office building in the plaint schedule property which was mortgaged to the corporation. Respondents having committed default to repay the amount the corporation filed the suit O. S. 547/83 before Sub Court, Trivandrum. The suit was for realisation of the amount together with interest at 161/2% per annum. On the total amount due as on the date of plaint further interest at the same rate was also claimed. Respondents admitted the transaction and their liability to pay the amount but contended that interest is payable only at the rate of 6% from date of suit. A decree was therefore given in favour of the plaintiff for the amo...
K.S. Anto Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Jul-08-1991
Reported in: [1993]76CompCas105(Ker)
S. Padmanabhan, J. 1. The petitioner is the accused in two criminal cases instituted on private complaints filed by the third respondent before the fourth respondent for offences punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. In this original petition, he wants Sections 138 and 142 of the Negotiable Instruments Act declared unconstitutional and the fourth respondent prohibited from going ahead with trial of the cases. 3. In support of his case that Sections 138 and 142 of the Act are unconstitutional, the following facts were placed before me. Under Section 140, even the absence of reasonable belief that the cheque will be. dishonoured on presentation will not be a defence in a prosecution under Section 138. Making an act done without mens rea, an offence, is illegal and arbitrary. A combined reading of Sections 138 and 142 shows that the date of commission of the offence cannot be ascertained. According to him, at any rate, a post-dated cheque cannot come und...
Commissioner of Income-tax Vs. Co-operative Wholesale Society Ltd.
Court: Kerala
Decided on: Jul-08-1991
Reported in: (1991)97CTR(Ker)142; [1992]195ITR361(Ker)
K.P. Radhakrisiina Menon, J. 1. Income-tax Reference No. 19 of 1989 is at the instance of the Commissioner of Income-tax, whereas I. T. R. No. 20 of 1989, is at the instance of the assessee. The question referred at the instance of the Department reads :'Whether, on the facts and in the circumstances of the case, the assessee is entitled to the terminal allowance under Section 32(1)(iii) of the Income-tax Act, 1961 ?'2. The question referred at the instance of the assessee for our opinion reads :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assets which were sold during the year should have been used in the business during the previous year other than the previous year in which they were first brought into use ?'3. The year of assessment is 1972-73 corresponding to the previous year ending September 25, 1971. During the assessment year, the assessee sold two of its assets, the estate of Mananthody and another estate to M/s. ...
Waves Advertising and Marketing (P) Ltd. Vs. Jaison
Court: Kerala
Decided on: Jul-08-1991
Reported in: (1992)ILLJ309Ker
K.A. Nayar, J.1. Aggrieved by the decision of the Appellate Authority under the Kerala Shops & Commercial Establishments Act, both the employer and employee filed these original petitions. The writ petition filed by the employer is O.P.4944/1987 and the writ petition filed by the employee is O.P.No.7648/87. The employer is aggrieved against the finding of the Appellate Authority that the Establishment, viz. Waves Advertising & Marketing (P) Ltd., is a shop. It is also aggrieved by the finding that there is no reasonable cause for terminating the employment and the employee will not come under the exempted category viz. persons employed in the position of management.2. The employee is aggrieved, because the compensation given is an incredible lowamount, viz. Rs. 10,000/- as the petitioner was getting a salary of Rs. 2,500/- at the time oftermination.3. The employment of the employee was terminated on September 30, 1984 after serving a notice which says the service will stand terminated ...
Venilal Mehta Vs. Asst. Collector of Central Excise
Court: Kerala
Decided on: Jul-06-1991
Reported in: 1991LC385(Kerala); 1992(57)ELT46(Ker)
ORDERPareed Pillay, J.1. Revision Petitioners are A1 and A2 in C.C. 123 of 1985 of the Addl. Chief Judicial Magistrate Court (Economic Offences), Ernakulam. They stood charged under Section 135(1)(i) of the Customs Act and Section 85(1)(a) of the Gold (Control) Act. They were found guilty by the trial Court and were convicted and sentenced to suffer rigorous imprisonment for one year for each of the two offences besides a fine of Rs. 25,000/ and in default of payment of fine there is direction to suffer simple imprisonment for six months more. They filed Crl. A. 69 of 1987 before the Sessions Court, Ernakulam. The IVth Addl. Sessions Judge heard the appeal and dismissed the same confirming the conviction and sentence.2. The prosecution case is that on receipt of information that revision petitioners had secreted contraband gold in Room No. 316 of the Dwaraka Hotel, Ernakulam. PW1 is the Superintendent of Customs II, Cochin visited the room on 2-5-1984 at about 9.20 a.m. and on search h...
In Re: Wandoor Jupiter Chits P. Ltd. (In Liquidation)
Court: Kerala
Decided on: Jul-05-1991
Reported in: [1992]195ITR244(Ker)
K. John Mathew, J.1. For the proper winding up of Wandoor Jupiter Chits (P) Ltd. (in liquidation), the liquidator had to incur various expenses.He is incurring such expenses in respect of the work of other companies also. For the assessment year 1982-83, the liquidator filed a return of income showing a total income of Rs. 15,820. The only income is the interest earned on the funds invested in fixed deposits. The Income-tax Officer allowed only 10% of the interest receipts as deduction under Section 57(iii) of the Income-tax Act and completed the assessment on a total income of Rs. 89,250. Total interest earned amounted to Rs. 99,168. In appeal, the Commissioner of Income-tax (Appeals) granted substantial relief by his order dated October 31, 1984. In appeal by the Revenue, the Tribunal affirmed the decision of the Commissioner of Income-tax (Appeals).2. For the years 1983-84 and 1984-85 also, the Assessing Officer allowed 10% of the interest income as expenses admissible. The liquidat...
Commissioner of Income-tax Vs. Bharath Sea Foods
Court: Kerala
Decided on: Jul-04-1991
Reported in: [1992]195ITR60(Ker)
K.P. Radhakrishna Menon, J. 1. Income-tax Reference No. 287 of 1982 is at the instance of the Revenue whereas Income-tax ReferenceNo. 288 of 1982 is at the instance of the assessee. The question referred to this court for opinion at the instance of the Revenue reads :'Whether, on the facts and in the circumstances of the case and in view of the application of the Explanation to Section 271(1)(c) of the Income-tax Act, 1961, and also in view of the finding of conscious concealment, the Tribunal was right in law in reducing the quantum of concealed income '2. The question formulated at the instance of the assessee reads :'Whether, on the facts and circumstances of the case, the Tribunal was right in sustaining the penalty to the extent of Rs. 47,000 holding that there was concealment ?'3. Facts relevant to dispose of the issues can briefly be stated thus : In the course of the assessment proceedings, the Income-tax Officer was satisfied that the assessee had concealed particulars of his ...
Nizzar Rawther Vs. Varghese Mathew and ors.
Court: Kerala
Decided on: Jul-03-1991
Reported in: AIR1992Ker312
ORDERPadmanabhan, J.1. First respondent is the landlord of a building, having six rooms let out to six tenants. He filed six rent control petitions against them for eviction. Though the rent control Court ordered eviction on the grounds of bona fide need for own occupation and bona fide need for reconstruction, appellate and revisional authorities confirmed the order only on the latter ground. Petitions were filed in 1967, but final orders in revisions were only in 1981. In 1989, first respondent filed six execution petitions for getting eviction. Petitions were contested on variousgrounds. All those grounds were rejected and delivery was ordered, which was confirmed in revision.2. In these original petitions filed under Article 227 of the Constitution, one of the grounds raised before the execution Court and revisional authority alone was canvassed.3. In 1990, consequent on the formation of Pathanamthitta district, the area, where the building stands, became a municipality. Till then,...
Paramal Raman Vs. State of Kerala
Court: Kerala
Decided on: Jul-03-1991
Reported in: 1992CriLJ176
K.G. Balakrishnan, J.1. The sale accused in Sessions Case No. 45/87 on the file of the Sessions Court, Manjeri is the appellant in this criminal appeal. He was tried for the offence punishable under Section 302, I.P.C. for having caused the death of a young boy aged 7 years. The Sessions Court found the accused guilty and sentenced him to undergo imprisonment for life. The conviction and sentence are challenged in this criminal appeal.2. On 21-9-85 deceased Sreekumar, his cousin Mini aged 7 years and another child named Suresh Babu went to the neighbouring channel for fishing. All the three children returned from the channel and P.W. 2 Mini and deceased Sreekumar went to the compound of the accused for plucking tamarind. Then accused came there with a chopper. As soon as Sreekumar got down from the tree he caught hold of the child and inflicted cut on his neck. Accused took the body of Sreekumar and dumped into a nearby cow dung pit. P.W. 2, Mini, who had been witnessing this ghastly i...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »