Kerala Court September 1991 Judgments
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A.M. Prabhakaran Nair Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Sep-30-1991
Reported in: (1992)IILLJ732Ker
ORDERP.K. Shamsuddin, J.1. The petitioner is now working as Engineer in the Fluid Control Research Institute (hereinafter referred to as F.C.R.I. for short). The F.C.R.I. is an independent National Centre, set up by the Government of India under the Department of Heavy Industries with U.N.D.P. assistance for research and development, including technology development. It is registered under the Societies Registration Act. (Act XXI of 1869).2. The petitioner has passed B.Tech. examination of the Calicut University and M.Tech. in Hydraulics and Water Resources of the Man-galore University. In response to advertisement No. FCRI/I/86, the petitioner applied for the post of Engineer. After the interview, petitioner was offered appointment on October 15, 1986 as Engineer Traniee.Ext. P3 is the communication sent to the petitioner in this regard. It is stipulated in paragraph 4 of the Ext. P3 order that on successful completion of the training, petitioner would be brought on to the regular cad...
The India Pepper and Spice Trade Association and anr. Vs. S. Madhava M ...
Court: Kerala
Decided on: Sep-27-1991
Reported in: AIR1992Ker336
ORDERG.H. Guttal, J.1. This petition under Section 115 of the Code of Civil Procedure is by the defendants in O.S. No. 210 of 1988 pending in the Court of the Additional Sub-Judge, Kochi. The question urged by counsel for the petitioners is whether civil court has jurisdiction to entertain and try the suit. In this judgment the petitioners are referred to as defendants and the respondent as the plaintiff. The facts out of which the suit arises are :The plaintiff, in his capacity as the proprietor of the Sadanandam Oil Mills, Mat-tancherry, is a member of the India Pepper and Spices Trade Association recognised and registered respectively under Sections 6 and 14B of the Forward Contracts (Regulation) Act, 1952, hereinafter referred to as the Act. The association is a non-profit earning company registered and incorporated under the Indian Companies Act, 1956. The object of the Association is generally to promote, regulate and protect trade in pepper and spices and to assist its members t...
Eddy Current Controls (India) Ltd. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Sep-27-1991
Reported in: [1992]198ITR491(Ker)
K.A. Nayar, J.1. At the instance of the assessee, the Income-tax Appellate Tribunal, Cochin Bench, referred the following question of law for our opinion :'Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was right in having held that the excise duty demands raised relating to this year in the subsequent year was not an admissible deduction ?'2. We are concerned with the assessment year 1983-84, for which the accounting period ended on June 30, 1982. The assessee paid central excise duty on the goods manufactured by it in accordance with its own calculations. Subsequent to the close of the accounting year relevant to the assessment year 1983-84, the Central Excise Department had raised certain demands based on a different calculation. This additional demand was later paid by the assessee. The assessee also contested the validity of the demand, without success, before the appellate authorities. Theassessee paid the additional central excise duty as ...
Abraham Kuriakose Vs. P.T. Thomas
Court: Kerala
Decided on: Sep-26-1991
Reported in: AIR1992Ker19
ORDER1. Petitioner and the respondent along with four others contested in the General Election to the Kerala Legislative Assembly from Thodupusha Constituency, styled as 'No. 82, Thodupuzha'. The poll took place on 12-6-1991. Petitioner contested as an independent candidate, supported by Samajwadi Janatha Party. Respondent was the candidate of Congress (I), a constituent of the United Democratic Front, Among the other candidates, one belonged to the Kerala Congress (J), one to Bharathiya Janatha Party and the other two were independents.2. Election to the Kerala Legislative Assembly was notified as per notification published in Kerala Gazette, Extraordinary, dated 19-4-1991. The date for poling was fixed as 23-5-1991. On account of the assassination of Sri. Rajiv Gandhi, the former Prime Minister, on 21-5-1991, polling was postponed to 12-6-1991. Candidates were permitted by the Election Commission to carry on propaganda work till the evening of 10-6-1991.3. The 'ashes' of Sri. Rajiv G...
Indian Aluminium Company Ltd. Vs. Industrial Tribunal and ors.
Court: Kerala
Decided on: Sep-26-1991
Reported in: (1995)IIILLJ130Ker
S. Padmanabhan, J. 1. The petitioner is a public limited company in the private sector. One of the conditions in the long-term settlements entered into by the company with the workers represented by trade unions is that whenever an employee retires fromservice or is dead, a dependent-relative will have to be provided employment in the unskilled category. 2. One Ayyappan, an unskilled worker, retired on 31st March, 1985. The secondrespondent, one of the recognized unions, representing some of the employees, claimed that Venugopal, son of Ayyappan, should be appointed on the basis of the said clause in the settlement. The petitioner refused, on the ground that one Viswanathan, brother of Ayyappan, was already appointed. 3. Government referred the dispute to the Industrial Tribunal, Alappuzha, by Exhibit P-3 award, the Industrial Tribunal held that Venugopal is entitled to get employment as unskilled worker. Direction was given to appoint him in the earliest vacancy. This original petitio...
Minerals and Chemicals Vs. thevan
Court: Kerala
Decided on: Sep-26-1991
Reported in: I(1992)ACC154; 1992ACJ230; (1992)IILLJ769Ker
Balanarayana Marar, J.1. These two appeals arise from the common judgment of Sub Court, Ernakulam is O.S. Nos. 604/1983 and 124/1984. Compensation due to the death of two workers employed in a quarry was claimed in these suits. Plaintiffs in O.S. 604/1983 are the parents of one Velayudhan who died due to sliding of earth while he was engaged in removing earth, plaintiff in the other suit is the father of another employee of the same name. He too died in the same manner.2. The allegations in both the plaints are identical. The deceased employees were engaged in the work of removing earth on April 30, 1982 at the work spot near Thrikkakara Pipe Line Road. First defendent is alleged to be the lessee of the mine of quarry and 2nd defedant is the contractor. While the two workers were engaged in work, mud fell on them and they died. The accident is alleged to have occurred due to lack of care on the part of defendants and insufficiency of safety measures required to be provided by them. Pla...
Augustine Mathai Vs. Appellate Authority
Court: Kerala
Decided on: Sep-25-1991
Reported in: (1992)IILLJ780Ker
Padmanabhan, J.1. Under Section 18 of the Kerala Shops and Commercial Establishments Act, no employer shall dispense with the services of an employee employed continuously for a period of not less than six months, except for reasonable cause and without giving such employee atleast one month's notice or wages in lieu of such notice. This is subject to the proviso that where services are dispensed with on a charge of misconduct supported by satisfactory evidence at an enquiry held for that purpose no such notice is necessary. An appeal lies before the Deputy Labour Commissioner (Authority) under Sub-section (2) in case of contravention. Petitioner claims that he was an employee under the 2nd respondent-Church for the past 27 years and his services were dispensed with in violation of Section 18. He filed an appeal which was dismissed by the first respondent accepting the preliminary objection of the 2nd respondent that the Church does not come within the definition of 'establishment' und...
Smt. Kadeeja Siddique Vs. Commissioner and Secretary (Home), Govt. of ...
Court: Kerala
Decided on: Sep-24-1991
Reported in: 1992CriLJ2638
Radhakrishna Menon, J.1. Petitioner is the wife of Sri M.V. Siddique who is detained in the Central Prison under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, for short The COFEPOSA Act, on his being found to have violated the provisions of the Customs Act in the matter of smuggling gold biscuits.2. Prior to the passing of the order detaining Siddique in the Central Prison he was arrested and taken into custody by the police from his residence. The petitioner thereupon made Ext. P25 representation to the State Government with copy to the Central Government seeking revocation of the order of detention. The State Government by order dt. 9-5-1991 rejected the representation. Copy of the representation forwarded to the Central Government was rejected by Ext.P27 order of the Central Government dt. 26-6-1991.3. The order of detention is under challenge in this Original Petition. Of the various grounds raised in the O.P. one ground, the c...
State of Kerala and Etc. Etc. Vs. K.U. Narayana Poduval and Etc. Etc.
Court: Kerala
Decided on: Sep-23-1991
Reported in: AIR1992Ker152
Jagannadha Rao, C.J.1. The interesting point arising in these batch of appeals is whether a person registered as a Notary under the Notaries Act, 1952 has an automatic right of renewal under Section 5(2) of the Act. In all the cases before us the Law Secretary has informed the various applicants that he is directed to inform them that their applications for renewal are rejected since the Government has taken a decision not to give more than two renewals to any Notary. The writ petitioners were also informed by the Law Secretary that they could apply afresh. Questioning the various orders the Notaries filed the writ petitions. The learned single Judge considered the position of Notaries in England and India in a very elaborate judgment and also considered the various provisions in the Act and Rules including the provisions of the Negotiable Instruments Act containing references to the Notary public. The learned Judge then considered Section 5(2) of the Act and observed as follows:'The s...
Narmada Building Materials Pvt. Ltd. Vs. Devassy
Court: Kerala
Decided on: Sep-23-1991
Reported in: (1993)IIILLJ463Ker
Shamsuddin, J.1. In this original petition the petitioner challenges Ext. P-3 order passed by the appellate authority under the Kerala Shops and Commercial Establishments Act, 1960 directing the petitioner to reinstate the 1st respondent in service with back wages amounting to Rs. 3,780/65 within 30 days from the date of the order or to Pay Rs. 4,380/65 including the back wages mentioned above towards compensation within 30 days.2. The petitioner is a Private Limited Company constituted under the provisions of the Indian Companies Act. It mainly deals with building materials for which it has a godown in Trichur town. The 1st respondent was employed in the godown as a Watchman on a monthly remuneration of Rs.200/- Ext P-1 states that the appointment was initially for six months and the service of the 1 st respondent can be terminated on one month's prior notice. It is not disputed that the 1 st respondent was continuing as a Watchman for more than six months.3. While matters stood so, t...
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