Kerala Court October 1993 Judgments
Madhavan Nair and anr. Vs. Ramankutty Menon and ors.
Court: Kerala
Decided on: Oct-18-1993
Reported in: AIR1994Ker75
Krishnamoorthy, J.1. This half a-century old litigation has a chequeredcareer, and the members of a tarwad are keptout of possession of the property which wasmortgaged by their Karnavan to his childrenfor an amount of Rs. 50/-.2. Defendants I and 2 are the appellants. They are entitled to 15/30 and 6/30 shares in the plaint schedule property which consists of two items of properties, item No. 1 being a nilam having an extent of 1-03 acres and item No. 2 a paramba having an extent of 1.34 acres. In a karar in the tarwad evidenced by Ext. A dated 27-6-1091 M.E. these two items of properties were set apart to the karnavan Govindan Nair for his enjoyment for life. It was provided in the document that for the medical expenses during his lifetime, he is entitled to raise an amount up to Rs.50/-either by a possessory mortgage or by a simple mortgage, if the other members do not contribute towards the same. Thereafter the tarwad was partitioned into four branches on 20-7-1095 M.W. Under Ext. B...
Tag this Judgment!Fatima Co-op. Credit Society Ltd. Vs. Deputy Labour Commissioner and a ...
Court: Kerala
Decided on: Oct-14-1993
Reported in: (1994)ILLJ615Ker
Mathews P. Mathew, J.1. All the three original petitions are filed by a co-operative society registered under the Kerala Co-operative Societies Act, 1969, represented by its Secretary. The first respondent in these petitions is the appellate authority appointed under the Kerala Shops and Commercial Establishments Act, 1960, and the second respondents in all these petitions were former employees (peons) of the petitioner-society. The second respondent in O.P. No. 1104 of 1989, Shri P.I. Shaju was appointed by the petitioner-society with effect from January 18, 1984, the second respondent in O.P. No. 1105 of 1989, Shri A.J. Dolphy was appointed by the petitioner-society with effect from January 12, 1984, and the second respondent in O.P. No. 1123 of 1989, Shri P.D. Paul was appointed by the petitioner-society with effect from June 21, 1984, all on daily wages of Rs. 10. The services of all these daily-rated peons were terminated with effect from February 24, 1986. No advance notice of te...
Tag this Judgment!Thomas Joseph Vs. the Changanacherry Municipality
Court: Kerala
Decided on: Oct-13-1993
Reported in: AIR1994Ker82
ORDERK. Narayana Kurup, J.1. In this Original Petition the petitioner seeks for the issuance of a writ of certiorari to quash Ext. P2 and for the issuance of a writ of mandamus directing the respondents to order renewal of licence for conducting the business of storing of hides and skins in Building No. 26/241 of Changa-nacherry Municipality and for other incidental reliefs.2. The petitioner is engaged in the business of storing hides and skins in building No. 26/241 measuring an extent of 35 cents within the Changanacherry Municipality. He has been continuing the said business since 1979. In the year 1989-90 the petitioner submitted an application for renewal of his licence to the respondent after making the requisite deposit of Rs. 100/-. On receipt of the application for renewal, the respondent issued Ext. P2 stating that the request for renewal cannot be granted on the ground that the petitioner is engaged in the business of processing of hides and skins emanating foul smell thereb...
Tag this Judgment!C.C. Jayaram Vs. Commissioner of Income-tax and anr.
Court: Kerala
Decided on: Oct-13-1993
Reported in: (1994)116CTR(Ker)33; [1994]207ITR662(Ker)
K. Narayana Kurup, J.1. The prayer in this original petition is to quash exhibits P-1 and P-4 orders passed by the respondents and for the issuance of a writ of mandamus or any other appropriate writ, order or direction compelling the respondents not to make the additions of Rs. 90,000, Rs. 15,972 and Rs. 21,706 as they are unjustified and against the provisions of law and for other incidental reliefs.2. The facts of the case may be briefly stated as follows : For the assessment year 1979-80, the petitioner filed a return declaring a total income of Rs. 6,92,290. The second respondent, Income-tax Officer, determined the income at Rs. 9,77,860 and in arriving at the total income, the Income-tax Officer made an addition of a sum of Rs. 1,27,678 as per exhibit P-l assessment order being income from undisclosed sources. Aggrieved by exhibit P-l order, the petitioner filed an appeal before the Commissioner of Income-tax (Appeals) who refused to entertain the same and dismissed the appeal in...
Tag this Judgment!Smt. R. Dhanalakshmi Vs. Agricultural Income-tax and Sales Tax Officer ...
Court: Kerala
Decided on: Oct-13-1993
Reported in: [1994]207ITR721(Ker)
M.M. Pareed Pillay, J. 1. The petitioner seeks to quash exhibit P-5 order of the second respondent and also exhibits P-4 and P-5 orders ofassessment.2. The only point urged by the petitioner is that the assessment orders made against him by the first respondent were revised by the second respondent and so tax due from him cannot be collected without proper demand notice. His contention is that, on the basis of the order dated May 24, 1988, in the revision by the second respondent and the consequent revised assessments dated August 9, 1988, and June 14, 1988, there was no demand notice for the payment of the dues and so without fresh notice of demand revenue recovery proceedings cannot be initiated against him for the realisation of the tax amount.3. Learned counsel for the petitioner relying on ITO v. Seghu Buchiah Setty : [1964]52ITR538(SC) , submitted that, as the original assessment order was modified in revision by the second respondent, a fresh notice of demand is indispensible an...
Tag this Judgment!T. Lakshmikutty Amma Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Oct-13-1993
Reported in: [1994(68)FLR404]; (1994)ILLJ583Ker
M.M. Pareed Pillay, J.1. The petitioner's husband was an employee of the fourth respondent. He joined the company on October 1, 1969, and was a member of the Employees' Provident Fund. When the Employees' Family Pension Fund Scheme came into force in 1971, he became a member of it and contributions towards the Employees' Provident Fund Scheme and the Employees' Family Pension Scheme were deducted from his salary. The petitioner's husband fell seriously ill and entered on leave on August 28, 1982. In July, 1983, he was paralysed and bedridden. He died on January 28, 1984. During the period of illness, he was out of employment for one year and five months, viz., from August 28, 1982, to January 28, 1984. The petitioner applied to the third respondent for the grant of family pension on July 15, 1986. As per Exhibit P-1 communication, her request was rejected as no contributions were paid by her husband for more than one year immediately prior to his death. The petitioner filed Exhibit P-5...
Tag this Judgment!Mohanan Vs. State of Kerala
Court: Kerala
Decided on: Oct-12-1993
Reported in: (1993)IILLJ1041Ker
B.M. Thulasidas, J. 1. Heard counsel for the petitioner and the respondents. 2. The relevant facts are not in dispute. The challenge is to Ext. P- 7 passed by the first re-spondent. Petitioner was employed as a daily rated driver in the office of the fifth respondent during the period from December 19, 1987 till June 28, 1990. He is a workman under Section 2(5) of the Industrial Disputes Act. He had continuous service of more than 240 days during a period of 12 calendar months preceding the date of termination of service and is, therefore, entitled to the benefit of Section 25F of the Industrial Disputes Act. With respect to the termination of his service, there was a conciliation proceeding, which failed and the matter was referred to the first respondent, who passed the impugned order Ext. P-7, where it was observed that- 'Government have examined the matter in detail. Since the Tourism Department does not come under the purview of the I.D. Act, 1947, there is no need to refer the ma...
Tag this Judgment!Catholic Diocese of Tiruvalla Vs. State KeralA.
Court: Kerala
Decided on: Oct-07-1993
Reported in: (1994)119CTR(Ker)315; [1994]209ITR596(Ker)
ORDERK. P. BALANARAYANA MARAR J. - These two revisions arise from the common order of the Agricultural Income-tax Appellate Tribunal, Thiruvananthapuram, in T.A. Nos. 19 and 20 of 1987. The two appeals arose from two separate orders of the Additional Appellate Assistant Commissioner, Kollam, rendered on December 17, 1986, relating to the assessment years 1979-80 and 1980-81.The revision petitioner is an assessee to agricultural income-tax. The revision petitioner, Messrs. Catholic Diocese of Thiruvalla, was getting income from various crops including rubber from different estates. They did not concede any taxable income in the return submitted for the assessment years 1979-80 and 198081 on the ground that the entire income was spent for religious and charitable purposes. They claimed eligibility for exemption under section 4 of the Agricultural Income-tax Act. The consolidated statement of income filed for the two years disclosed net income from all the estates at Rs. 15,85,815.90 and ...
Tag this Judgment!G. Mohanan Vs. District Collector, Wayanad and ors.
Court: Kerala
Decided on: Oct-06-1993
Reported in: AIR1994Ker128
Jagannadha Rao, C.J. 1. This Writ Appeal is preferred by the writ petitioner in O.P. No. 6212 of 1990 against the judgment rendered therein on 19-7-1990. By that judgment, the learned single Judge dismissed the writ petition. The appellant-writ petitioner isthe owner of a cinema theatre namely 'Vinod Talkies' in Kenichira Panchayath, Wayanad District for the last 20 years and has a temporary licence duly renewed from time to time. The appellant-petitioner has questioned the permission granted to the third respondent by the Panchayat Board, Kenichira on 28-2-1989 for construction of a temporary cinema theatre, and for quashing the order, Ext. P2 dated 2-7-1950, of the District Collector, Wayanad dismissing the Revision Petition filed by the appellant.2. It appears that the Special Executive Officer, Poothady Panchayat came to the conclusion that the distance between the appellant's temporary cinema theatre and the proposed theatre of the third respondent was beyond 800 metres. However, ...
Tag this Judgment!The Central Board of Secondary Education Vs. the Consumer Dispute Redr ...
Court: Kerala
Decided on: Oct-06-1993
Reported in: AIR1994Ker153
Sreedharan, J.1. These Original Petitions have come before us on a reference made by a learned single Judge of this Court. Substantially similar questions arise for consideration. So, we are disposing of these petitions by a common judgment.2. Petitioner in these writ petitions is the Central Board of Secondary Education. This Board has educational institutions affiliated to it. It holds examinations for the students who are studying in those affiliated schools and institutions. Among the various examinations conducted by the petitioner are the All India Senior School Certificate Examination (Class XII) and the All India Secondary School Examination (Class X). Alleging thatthe said examinations were not properly held, that results of supplementary examinations were not announced in time, and that in the case of some of the students results were not announced at all, aggrieved students approached the Consumer Dispute Redressal Forum, Ernakulam for getting reliefs provided by the Consume...
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