Kerala Court September 1993 Judgments
K. Chellakkannu Nadar Vs. Chenkal M.R. Simon and anr.
Court: Kerala
Decided on: Sep-30-1993
Reported in: [1995]84CompCas439(Ker); 1994CriLJ3515
K.T. Thomas, J.1. Special leave is being sought for filing an appeal against the order of acquittal in a criminal prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). The learned magistrate, who acquitted the accused, relied on the decision of this court in Kumaresan (N. C.) v. Ameerappa [1992] 74 Comp Cas 848 ; [1991] 1 KLT 893 and found that the complaint filed on a second cause of action with the cheque is not maintainable.2. In the trial court, counsel for the accused cited a decision of the Andhra Pradesh High Court in Syed Rasool and Sons v. Aildas and Co. [1993] 78 Comp Cas 738 ; [1992] Crl LJ 4048 and another decision of the Bombay High Court in Rakesh Nemkumar Porwal v. Narayan Dhondu Joglekar [1993] 78 Comp Cas 822 ; [1993] Crl LJ 680 in which a different view has been adopted from that of N.C. Kumaresan's case [1992] 74 Comp Cas 848 (Ker). But the learned magistrate expressed his difficulty to follow those two decisions...
Tag this Judgment!Kunjumohammed Vs. Chairman
Court: Kerala
Decided on: Sep-25-1993
Reported in: (1994)ILLJ612Ker
Sreedharan, J.1. Stranger to O. P. 2882/1990, who is affected by the decision therein, is the appellant. He challenges the decision of the learned Single Judge allowing the said Original Petition.2. Material facts necessary for the disposal of this writ appeal are as follows.- Watchmen in Cochin Port Trust were engaged by various Steamer Watchmen Contractors. With a view to get equitable allocation of work to the watchmen, Cochin Steamer Watchmen's Employment Regulation Scheme, 1983 was introduced by virtue of a conciliation settlement entered into between the representatives of trade unions of watchmen and employers. As per that settlement dated March 18, 1983, the retirement age of watchmen was fixed at 58 years. As a concession to those who have attained the age of 58 years, it was agreed upon to allow them to continue to work for further period of three more years from the date of commencement of the scheme. 32 watchmen were brought within the purview of this scheme. The 32 watchme...
Tag this Judgment!Indian Overseas Bank Vs. Kerala State Co-operative Rubber Marketing Fe ...
Court: Kerala
Decided on: Sep-24-1993
Reported in: [1994]79CompCas400(Ker)
K.J. Joseph, J.1. The plaintiff in O.S. No. 812 of 1987, on the file of the Subordinate Judge's Court, Ernakulam, is the appellant. The appeal is against the judgment and decree passed by the court below dismissing the suit on a finding on issue No. 3 raised in the case, therein the court below found that the suit is barred under Sections 69 and 100 of the Kerala Co-operative Societies Act, 1969, and the jurisdiction of the civil court in respect of the suit claim is ousted. C.R.P. No. 2214 of 1990 is also filed by the appellant herein as the revision petitioner against the above finding on issue No. 3 in the above suit by the trial court and prays for setting aside the above finding as illegal and unjust. Both the above cases arise out of a common judgment in the above suit and arguments were also addressed in common by counsel on both sides and hence the appeal and the revision are disposed of by this common judgment.2. The plaintiff is a bank incorporated under the Banking Companies...
Tag this Judgment!Sankaran Vs. the State
Court: Kerala
Decided on: Sep-24-1993
Reported in: 1994CriLJ1173
P.A. Mohammed, J.1. This is a case of uxoricide. The appellant-accused was convicted Under Section 302, IPC for killing his wife and was sentenced to undergo imprisonment for life. The said conviction and sentence are being challenged, in this appeal.2. The prosecution case can be condensed thus : In the night of 15-11-1989, the accused, after murdering his wife, Thankamani, by strangulation went over to the house of his neighbour, Sankarankutty with a chopper and laid down in the veranda. He did not go away from there in spite of the repeated demands made to him. Seeing the strange conduct of the accused, Sankarankutty went to the house of P.W. 5, a close relative, at about 3 a.m. to do something in the matter. Thereupon P.W. 5 came to the house and asked the accused to go away but he did not respond. Then P.W. 5 and others went to the house of the accused and called his wife and son but no one came out. P.W. 5 thereafter, along with Narayanan, son of Sankarankutty, went to the house ...
Tag this Judgment!Smt. P. P. Chirutha Vs. Deputy Commissioner of Agricultural Income-tax ...
Court: Kerala
Decided on: Sep-23-1993
Reported in: [1994]208ITR277(Ker)
K. S. PARIPOORNAN J. - At the instance of an assessee to agricultural income-tax, the Deputy Commissioner of Agricultural Income-tax and Sales tax, Kozhikode, has, by order dated August 17, 1987, referred the following question of law for the decision of this court :'Should not the power under section 34 of the Agricultural Income-tax Act be exercised within a reasonable time and can the proceedings now initiated thereunder be maintained in view of the long lapse of time ?'The applicant is the legal representative of one V. P. Kunhikannan, an assessee to agricultural income-tax. We are concerned with the assessment years 1959-60 to 1964-65. Shri V. P. Kunhikannan was assessed for the above years as per the assessment orders passed against him. The details are given hereinbelow :Assessment yearDate of order1959-60 to 1961-6210-2-19621962-6330-1-19631963-6424-3-19651964-6524-3-1965The Revenue took the view that while settling the self-acquired properties of the assessee to his wife and c...
Tag this Judgment!Commissioner of Income-tax Vs. Alleppey Co. Ltd.
Court: Kerala
Decided on: Sep-22-1993
Reported in: (1994)116CTR(Ker)15; [1994]207ITR598(Ker)
K.S. Paripoornan, J.1. These are connected cases. At the instance of the Revenue, the Income-tax Appellate Tribunal, Cochin Bench, has referred the following two questions of law for the decision of this court, in the above references :'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that the premium paid to the Export Credit Guarantee Corporation is eligible for weighted deduction under Section 35B ? 2. Whether the Income-tax Appellate Tribunal is justified in holding that the expenses incurred in presenting curios to foreign buyers and the expenditure incurred in providing lodging to them is not entertainment expenditure for the purpose of Section 37(2) of the Income-tax Act, 1961 ?' 2. The respondent is the same assessee in all the four cases. It is a limited-company. It is engaged in the business of manufacture of coir mats and mattings. We are concerned with the assessment years 1977-78 and 1978-79. In the co...
Tag this Judgment!Rahim K. Hassan Vs. Assistant Commissioner of Income-tax and ors.
Court: Kerala
Decided on: Sep-22-1993
Reported in: [1994]207ITR627(Ker)
P.K. Balasubramanyan, J.1. The petitioner is a non-resident Indian working in Saudi Arabia. According to him, he purchased 11 gold biscuits weighing 1,100 grams in Saudi Arabia and brought the same to India after paying customs duties and fulfilling other legal formalities. According to the petitioner, for security reasons, he entrusted the gold to respondent No. 3 for being kept safe. It appears that the authorities under the Income-tax Act conducted a raid on the premises of the third respondent and seized these 11 gold biscuits on suspicion that the third respondent had evaded liability under the Income-tax Act. The petitioner thereupon made a claim before the Commissioner of Income-tax for the release of the gold biscuits to him by exhibit P-7 application. By exhibit P-8, the petitioner was informed that the gold biscuits could not be released to him at that stage. Subsequently, by an order, exhibit P-9, the Assistant Commissioner of Income-tax, the first respondent, rejected the c...
Tag this Judgment!Kumari Baby Alias Lathika Vs. C.C. Appu and ors.
Court: Kerala
Decided on: Sep-22-1993
Reported in: 1994ACJ360
P. Krishnamoorthy, J. 1. Claimant in a proceeding under Section 110A of the Motor Vehicles Act is the appellant. She was injured in a bus accident on 16.12.1980 at 6.15 p.m. She was a college student aged 17 years on the date of the accident and was returning from college in a bus KLH 2016 owned by the 1st respondent and driven by the 2nd respondent. On the way the bus hit a standing tree and due to the impact of the accident the claimant suffered a compound fracture on her left tibia and a crush injury on her left palm besides a compound fracture on the left leg and injuries on the head and other pails of the body. She was immediately admitted to the District Hospital, Palghat, from where she was taken to the Medical College Hospital, Kozhikode and she was discharged only on 24.2.1981. Thereafter also she was occasionally visiting the hospitals for further treatment. It is also averred that there was disfigurement of her hand and leg for which she had to undergo plastic surgery. On th...
Tag this Judgment!Jaya Baby Vs. Vijayan
Court: Kerala
Decided on: Sep-20-1993
Reported in: 1993(2)ALT(Cri)717; [1994]81CompCas572(Ker); 1994CriLJ3452
K.T. Thomas, J. 1. The contention raised in this petition requires some consideration although it appeared at first bereft of any substance. The contention is that the offence under Section 138 of the Negotiable Instruments Act (for short, 'the Act') can be tried only by a Chief Judicial Magistrate or a Chief Metropolitan Magistrate when the cheque amount exceeds Rs. 2,500. The reason advanced by counsel in support thereof is that since the fine amount imposable for the offence can go up to twice the cheque amount, no magistrate other than a Chief Judicial Magistrate (or Chief Metropolitan Magistrate) has the power to impose a fine exceeding rupees five thousand. Counsel conveyed the grievance of the petitioner that in such cases the court would be precluded from awarding compensation to the complainant from the fine amount realised commensurate with his loss.2. The petitioner filed a complaint before the Chief Judicial Magistrate alleging that the first respondent has committed the of...
Tag this Judgment!M. Salim, Sabeeda Industries Vs. the Dist. Judge and ors.
Court: Kerala
Decided on: Sep-17-1993
Reported in: AIR1994Ker11
Sreedharan, J. 1. Writ petitioner in O.P. No. 8243 / 1993-F is the appellant. In the Original Petition he questioned the validity of the order of remand passed by the District Judge, Pathanamthitta while disposing of C.M.A. 37/1990 filed under Section 61D of the Kerala Forest Act, hereinafter referred to as 'the Act'. Learned single Judge dismissed the Original Petition taking the view that the District Judge while exercising the appellate power under Section 61D of the Act can also exercise the inherent power to remand the case to the authorised officer for fresh disposal. This view is under attack in this appeal. 2. Writ petitioner-appellant before us is a registered dealer in wooden furniture. On getting information that teak wood and rose wood timber were illicitly collected by the writ petitioner from Reserve Forest, forest officials searched the premises of the writ petitioner. Sawn timber and unfinished furniture found in the premises were seized by the forest officers. On the b...
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