Kerala Court May 1992 Judgments
Sharlet Augustine and ors. Vs. K.K. Raveendran and ors.
Court: Kerala
Decided on: May-30-1992
Reported in: 1992ACJ1131; AIR1992Ker346
Shamsuddin, J. 1. Petitioners/ claimants in O.P. (M.V.) No, 347 of 1982 on the file of the Motor Accidents Claims Tribunal, Ernakulam are the appellants. The 1st appellant Is the widow and other appellants are the children of deceased Augustine, who died in a motor accident.2. Briefly stated, the case of the claimants is as follows : Augustine was a medical representative. He was a passenger in stage carriage bus bearing registration No. KLS 3058 on 26-11-1981. When the bus reached a place called 'Karingalikkadu' on the routeAngamali-Manjapra, it dashed against a wayside electric post and then fell into a paddy field on the right side. In that process, it also hit a stay (stray) wire of an electric transformer, with the result, the live wire came into contact with the stay (stray) wire. While Augustine attempted to come out of the bus, he got electric shock. The accident took place as a result of rash and negligent driving of the driver of the bus. Petitioners claimed Rs. 1,00,000/- as...
Tag this Judgment!G. H. Krishna Iyer and ors. Vs. Union of India and ors.
Court: Kerala
Decided on: May-30-1992
Reported in: (1992)106CTR(Ker)373
K. A. NAYAR, J. :In all these original petitions the question to be considered is whether basic pay, dearness allowance, house rent allowance, city compensatory allowance, training allowance, project allowance, technical allowance and other compensatory allowances, etc. will form part of the salary for the purpose of the IT Act. Counsel for the Revenue Mr. P. K. R. Menon brought to my notice the amendment made to the definition of income in s. 2(24) by Taxation Laws (Amendment) Act, 1989 [Sic-Direct Tax Laws (Amendment) Act, 1989] which came into effect from 1st April, 1962 the date on which IT Act, 1961 itself came into force. The clause has been inserted to extend the scope of income so as to include allowances, benefits, etc. Counter affidavit to that effect also has been given on behalf of the first respondent in which the amendment also has been extracted. In view of this I find no merit in these original petitions.The original petitions are dismissed....
Tag this Judgment!M.T. Ghee Dee, Frankula Vs. District Collector, Ernakulam
Court: Kerala
Decided on: May-29-1992
Reported in: AIR1992Ker376
ORDERK.A. Nayar, J.1. Man is born free, but it is the price he has to pay for a peaceful co-existence in a welfare State governed by rule of law that his freedom is subjected to reasonable restrictions. The question whether the restrictions imposed is fair and reasonable is a matter under our Constitution subject to judicial audit. For non-discharge of liability due to the State or other authority, provision is made to recover the same under the Kerala Revenue Recovery Act, 1968 which include the provision for arrest of defaulter in case of wilful and fraudulent non-payment of arrears. Arrest can be made, provided the conditions mentioned in Section 65 of the Kerala Revenue Recovery Act, 1968 is satisfied.2. The petitioner in this case has been arrested and detained in civil prison for nonpayment of contribution towards Toddy Workers Welfare Fund in respect of Toddy Shop Nos. 26 to 48 of Narakkal Range, of Rs. 2,79,344/- plus interest for the years 1973 and 1974. Ext. P. 11 is the orde...
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