Kerala Court June 1992 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.
Suresh Kumar Vs. State of Kerala
Court: Kerala
Decided on: Jun-15-1992
Reported in: (1992)IILLJ833Ker
Balanarayana Marar, J.1. The main aspect that arises for consideration in these original petitions is whether the classification in Clause 15 of the dying-in-harness scheme, G.O.(P) No. 34/87/P & ARD dated December 17, 1987 is unreasonable and liable to be struck down as violative of Article 14 of the Constitution of India. By that clause employment assistance under the scheme has to be given without considering the annual income of the family of the applicant in respect of Government servants dying- in-harness on or after July 1, 1983. In respect of Government servants who died-in-harness on or after January 1, 1982 the income of the family should not exceed Rs. 9000/- per year to make a dependant eligible fot the employment assistance. In cases where the Government servants died prior to January 1, 1982 the income limit applicable will be Rs.6000/-. In the note to Clause 15 it is clarified that the benefit of giving employment under the scheme without reference to income limit will h...
R.B. Gurubasavaiah Vs. M.G. Prema
Court: Kerala
Decided on: Jun-15-1992
Reported in: II(1992)DMC520
Vasantha Kumar, J.1. Heard the learned Counsel for the petitioner.2. The Court below has passed an ex-parte order granting interimmaintenance at the rate of Rs. 400/- per month and directed the 1st-defendantto pay the same:3. The interesting question that arises for consideration is aboutwidow's right to maintenance and liability of coparceners from out of theestate of the joint family The principles have been nicely stated in the treatiseon Hindu Law by Mulla. In the Joint family governed by Mitakshara law,the right to maintenance is inherent quality of their right of coparceneryor common property and this right to maintenance begins and ceaseswhere coparcenary ceases. The Manager of Mitakshara Joint family inpossession of Joint family property is bound to maintain all its membersmale and famale and the widows and children of deceased coparceners outof the income of corpus of the joint family property. This obligation isalways commensurate with the possession of family property. Widow...
Fact Employees Association Vs. Fact Ltd.
Court: Kerala
Decided on: Jun-10-1992
Reported in: (1994)IIILLJ736Ker
Sreedharan, J.1. Petitioner is a registered trade union. It espouses the cause of one of its members, namely Sri T.V. Easo. Sri Easo was recruited by Fertilisers and Chemicals Travancore Limited, first respondent, which has its head office at Udyogamandal. He was working as Projector Operator. He was posted at the Regional Office of the first respondent at Hyderabad. On account of misconduct, he was charge-sheeted and subsequently dismissed from service. Petitioner union raised an industrial dispute. The third respondent, State of Kerala, referred the dispute for adjudication by the second respondent, the Labour Court, Ernakulam. Before the Labour Court, first respondent raised a preliminary objection to the effect that the reference made by the Government of Kerala is incompetent and without jurisdiction, inasmuch as SriEaso was dismissed when he was working at Hyderabad and that the appropriate Government having jurisdiction to settle the dispute is the Government of Andhra Pradesh. ...
T.M. Chacko and Co. Pvt. Ltd. Vs. Commissioner of Agricultural Income- ...
Court: Kerala
Decided on: Jun-10-1992
Reported in: [1993]203ITR911(Ker)
T.L. Viswanatha Iyer, J.1. The Kerala Agricultural Income-tax Appellate Tribunal has, at the instance of the assessee, referred the following question of law for the opinion of this court under Section 60 of the Agricultural Income-tax Act, 1950 (hereinafter referred to as 'the Act'):'Whether, on the facts and in the circumstances of the cases, the Tribunal was justified in coming to the conclusion that, so far as the applicants are concerned, the remuneration paid to the managing director of a company mainly doing agricultural operations is not an allowable expenditure and it is only an appropriation of income of the company?'2. We shall state in brief the facts leading to the reference. The assessee is a private limited company holding agricultural lands. They filed returnsof their agricultural income for purposes of assessment under the Act for the assessment years 1976-77, 1977-78, 1978-79 and 1979-80. In making the returns, the assessee had claimed an amount of Rs. 3,000, namely, ...
Raghu Vs. State of Kerala
Court: Kerala
Decided on: Jun-09-1992
Reported in: (1993)ILLJ568Ker
Balanarayana Marar, J.1. Petitioner's mother Smt. Vinodini sustained an injury on December 10, 1987 and succumbed to it two days thereafter. She had been working as Headmistress of Government Lower Primary School. Petitioner applied for employment under the dying-in-harness scheme on December 31, 1987. The application was forwarded by 1st respondent to 2nd respondent. As per communication dated August 29, 1988 petitioner was informed that his claim for employment assistance could not be considered since his mother died during the period of extension of service, her normal date of superannuation being September 6, 1987. A representation was again made on April 6, 1989, but that also was rejected as per Ext. P3. Petitioner seeks a writ of certiorari quashing Exts. P1, P2 and P3 orders and for a direction to respondents to provide employment under the dying-in-harness scheme.2. On behalf of respondents a counter-affidavit was filed contending that petitioner's mother died after she attain...
Suresh Babu Vs. State of Kerala
Court: Kerala
Decided on: Jun-09-1992
Reported in: (1993)ILLJ139Ker
Balanarayana Marar, J.1. The claim of an adopted son of a Government servant who died in harness was rejected for the reason that adopted sons/daughters are excluded from the category of dependants. That order is under challenge in this O.P.2. Sri M.Achuthan died in harness on July 10, 1971 while working as a Lay Secretary and Treasurer of Women's and Children's Hospital, Kozhikode. Petitioner was abandoned by his parents a day or two after his birth. He was under the protection of Medical Officer, Alathur. By order of District Court, Kozhikode in O.P. 4/1969 Sri Achuthan was appointed as the guardian of petitioner. The legal custody of petitioner was entrusted to Achuthan and his wife who were not having any children. Sri Achuthan adopted petitioner as his son in conformity with the customery and religious formalities. After attaining majority petitioner filed an application for employment assistance under the dying-in-harness scheme. His request was rejected on the ground that there ...
National Insurance Co. Vs. C.K. Mani and ors.
Court: Kerala
Decided on: Jun-08-1992
Reported in: II(1993)ACC514; 1993ACJ337; [1992(65)FLR835]; (1994)IILLJ976Ker
T.L.Viswanatha Iyer, J. 1. The order of the Workmen's Compensation Commissioner is dated August 13, 1991, A gist of the order was communicated to the petitioner on January 17, 1992, the petitioner applied for a certified copy of the order on January 20, 1992 which was ready on May 4, 1992, and issued on May 6, 1992, at a time when the Court was closed for the summer holidays. The appeal was filed on May 23, 1992. If the time taken to obtain a certified copy of the order from January 20, 1992 to May 6, 1992, is excluded in the computation of the period of time for appeal, the appeal is in time. But if the time is reckoned from January 17, 1992, without such exclusion as stated by the office, the appeal is out of time. It has been held by this Court in Vijayaragavan v. Velu, (1973-I-LLJ-490), that the provisions of the Code of Civil Procedure apply to appeals under Section 30 of the Workmen's Compensation Act, 1923, as the appeal lies to an established Court. The provisions of Order 41, ...
National Insurance Company Vs. C.K. Mani and ors.
Court: Kerala
Decided on: Jun-08-1992
Reported in: (1993)IIILLJ16Ker
T.L. Vishwanatha Iyer, J.1. The order of the Workmen's Compensation Commissioner is dated 13th August. 1991. A gist of the order was communicated to the petitioner on 17th January, 1992. The petitioner applied for a certified copy of the order on 20th January, 1992, which was ready on 4th May. 1992, and issued on 6th May, 1992, at a time when the Court was closed for the Summer holidays: The appeal was filed on 23rd May, 1992. If the time taken to obtain a certified copy of the order from 20th January, 1992 to 6th May, 1992, is excluded in the computation of the period of time for appeal, the i appeal is in time. But if the time is reckoned from 17th January, 1992, without such exclusion as stated by the office, the appeal is out of time. It has been held by this Court in Viayaraghayan v. Vein, (1973) KLT; 333, that the provisions of the Code of Civil Procedure apply to appeals under Section 30 of the Workmen Compensation Act, 1923, as the appeal lies to an established Court. The provi...
Thomas Varghese Vs. P. Jerome
Court: Kerala
Decided on: Jun-05-1992
Reported in: [1993]76CompCas380(Ker); 1992CriLJ3080
Sreedharan, J. 1. This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing the complaint in C. C. No. 468 of 1990 on the file of the Judicial First Class Magistrate's Court, Punalur. Learned counsel representing the petitioner canvassed the correctness of the decision in Calcutta Sanitary Wares v. Jacob [1991] 1 KLT 269 ; [1993] 76 Comp Cas 347 . Consequently, a learned single judge referred the petition to a Division Bench for disposal.2. Before dealing with the question of law raised, we consider it advantageous to refer to the averments made by the complainant before the court below. They are in the following terms : The accused entered into an agreement for sale of his property with the complainant on March 21, 1989. In pursuance of that agreement, the accused received Rs. 21,001 in three instalments. Since the contract fell through, he issued a cheque dated December 8, 1989, bearing No. 787656 drawn on the Cheppad branch of the Lord Krishna ...
Commissioner of Agricultural Income-tax Vs. Mrs. Alekutty George
Court: Kerala
Decided on: Jun-05-1992
Reported in: [1993]201ITR408(Ker)
K. S. Paripoornan, J.1. At the instance of the Revenue, the Kerala Agricultural Income-tax Appellate Tribunal, Additional Bench, Kottayam, lias referred the following questions of law, under Section 60(1) of the Agricultural Income-tax, for the decision of this court :' 1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the orders passed under Section 36 of the Agricultural Income-tax Act is to be read with the original order under Section 18 and that orders under Section 36 of the Agricultural Income-tax Act can be treated only as part of the original orders ? 2. Whether the Tribunal is justified in holding that .orders under Section 36 of the Agricultural Income-tax Act are appealable?'2. The respondent was assessed for and on behalf of her late husband for the years 1973-74, 1974-75 and 1975-76, by orders dated March 31, 1979, March 28, 1980, and March 10, 1981. On scrutiny, it was found that the yield estimated from some propert...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »