Kerala Court March 1994 Judgments
P.G. Jose Vs. T.K. Madhu
Court: Kerala
Decided on: Mar-30-1994
Reported in: 1994CriLJ3025
M. Jagannadha Rao, C.J.1 In this order, we are dealing with a suo motu notice given by a Division Bench of this Court on 5-11-1993, in CCC 225 of 1993 directing the petitioner in the said CCC, Mr. P.C. Jose, to show cause why he should not be declared as a vaxatious litigant, the effect of which will be to scrutinise any case proposed to be filed by him in any Court in Kerala, before the same is entertained. CCC 225 of 1993 was a Contempt Case filed by Mr. Jose on 1-10-1993 against Mr. T.K. Madhu, Judicial Magistrate of First Class, Cherthala.2. Sri P.C. Jose to whom this show cause notice was issued on 5-11 -1993 has been very much before courts. He has nominated himself as President of a self-styled body called the 'Anti-Corruption Society of India'. Under the garb of the above name, he has been filing case after case against lawyers, Munsiff-Magistrates, Chief Judicial Magistrates and also against High Court Judges. In fact, whosoever does not yield to his pressure will have to face...
Tag this Judgment!James Alias Chacko Vs. State of Kerala
Court: Kerala
Decided on: Mar-30-1994
Reported in: 1995CriLJ55
K.T. Thomas, J. 1. This is a triple murder case. A mother, her son and his wife all the three inmates of a house were exterminated on the night of 7-8-1992 while they were in their own house. Prosecution alleged that the dastardly act was perpetrated by the appellant for gain. Trial judge accepted the prosecution version and convicted him and sentenced him to death. He was also convicted under Sections 392 and 449 of the Indian Penal Code and was sentenced to rigorous imprisonment for 7 years and 5 years respectively besides fine.2. The names of the three deceased are: Thressiakutty (mother), Shyjo (her son) and Sali (his wife). Marriage of shyjo and Sali was conducted only 40 days prior to this tragedy. The three were residing in Poochalil House (at Anikusha in Thodupuzha Taluk). Appellant and Shyjo were acquainted with each other for long time and appellant had advanced some money to Shyjo as loan and appellant had been pressing for return of the money. Appellant was doing money lend...
Tag this Judgment!Smt. Susan Varghese Vs. Deputy Commissioner of Agricultural Income-tax ...
Court: Kerala
Decided on: Mar-28-1994
Reported in: [1995]212ITR435(Ker)
T. L. VISWANATHA IYER J. - The question involved in this batch of writ petitions turns on the interpretation of section 99 of the Kerala Agricultural Income-tax Act, 1991 ('the 1991 Act'), which repealed and replaced the Agricultural Income-tax Act, 1950 ('the 1950 Act'), with effect from April 1, 1991. The petitioners in these writ petitions are trustees of two different trusts. They had been assessed to tax under the 1950 Act on the income received by them as trustees of the two trusts. These assessments were completed on March 12, 1991, and communicated on March 16, 1991. But the Deputy Commissioner, who exercises the powers of revision under section 34 of the 1950 Act, was of the opinion that the orders of assessment were prejudicial to the Revenue, and initiated suo motu proceedings under section 34 aforesaid to revise the assessments. Notices dated March 21, 1991, were served on the petitioners on April 4, 1991, to which the petitioners objected by their statement dated April 9, ...
Tag this Judgment!R. Thulaseedharan and anr. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Mar-25-1994
Reported in: AIR1995Ker202
ORDERG.H. Guttal, J.1. The General Manager, District Industries Centre, Thiruvananthapuram (the Respondent No. 2) in his capacity as Arbitrator exercising the powers under Section 69 of the Kerala Co-operative Societies Act decided the dispute in regard to the election to the Managing Committee of the Kalamachal Handloom Weavers Co-operative Society, (the Respondent No. 4). By his award dated 30-1-1993, he set aside the election to the Managing Committee of the aforesaid Society. Since the Committee in office ceased to exist, the Registrar of Cooperative Societies by order No. CS9/1001/ 93 dated 5-2-1993 (Ext. P2) appointed G. Chandrasekharan Pillai, the Respondent No. 3, as the Administrator for a period of six months. The term of six months has since been extended up to 5-8-1994. The order purports to have been made under Section 32 of the Kerala Co-operative Societies Act (hereinafter referred to as 'the Act'). According to the Petitioners, the Order No. CS9/1001/93 dated 5-2-1993 (...
Tag this Judgment!The Food Corporation of India Vs. the Angamali Municipality and anr., ...
Court: Kerala
Decided on: Mar-25-1994
Reported in: AIR1995Ker94
ORDERT.L. Viswanatha Iyer, J.1. The petitioner in these two petitions under Article 226 of the Constitution is the Food Corporation of India. It challenges the levy of property tax/ building tax under the Kerala Municipalities Act, 1960 (Act 14 of 1961) and the Kerala Panchayats Act 32 of 1960 on buildings belonging to it. I shall state the facts in O.P. No. 5346 of 1992 which relates to the buildings belonging to the petitioner in the Angamaly Municipality, the facts in the other case being similar, the only difference being that the buildings are in Thikkedi Panchayat governed by the Kerala Panchayats Act.2. The petitioner which is a body Corporate established under the Food Corporations Act, 37 of 1964, has constructed buildings for its purposes within the limits of the Angamaly Municipality. It is not in dispute that the buildings and the land on which they stand, belong to the petitioner. The petitioner had paid the property tax due to the Municipality up to and inclusive of the y...
Tag this Judgment!M.A. Unneerikutty and ors. Vs. Deputy Commissioner of Income-tax (Asse ...
Court: Kerala
Decided on: Mar-18-1994
Reported in: (1994)120CTR(Ker)486; [1996]218ITR606(Ker)
B.M. Thulasidas, J.1. These petitions filed under Section 482 of the Code of Criminal Procedure, 1973, are to quash the complaints and related proceedings in C. C. Nos. 50, 51, 52, 54, 53 and 55 of 1991 of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam. Kalpaka Tourist Home, Kozhikode, a firm, is an assessee to income-tax with P. A. 46-018-FV-4469/DC(A)/TCR. The respondent-complainant is the Deputy Commissioner of Income-tax, (Assessment), Special Range, Trichur. Annexure-A in these cases is a copy of the complaint laid against the firm and the petitioners as its partners. In the complaints it is alleged that the first accused-firm failed to deduct income-tax at source during the assessment years 1983-84 to 1988-89 as required under Section 194A(1) in respect of interest credited to the accounts of the firm without reasonable cause or excuse and that the firm as also the petitioners as partners who were in charge of and responsible for the conduct of the busine...
Tag this Judgment!V.O. Devassy Vs. Periyar Credits and anr.
Court: Kerala
Decided on: Mar-17-1994
Reported in: AIR1994Ker405
K.P. Balanarayana Marar, J. 1. The appeal arises from a suit for realisation of money. First defendant is the appellant.2. The suit O.S. 95/1987 before Sub Court, Parur was filed by 1st respondent claiming an amount of Rs. 27250/- with interest at the rate of 12% per annum. The claim is based on a promissory note executed by defendants on 9-3-1984 in favour of the plaintiff for an amount of Rs. 20,000/-. First defendant admitted the execution of the promissory note, but disclaimed liability contending that the claim is barred by limitation. It was also contended that plaintiff is an unregistered firm and the signatory to the plaint is not the managing partner. He further denied having received any consideration. He contended that Sri P. P. Joseph, who has presented the plaint as the managing partner had arranged supply of cement for construction of a building. On knowing about the inferior quality of the cement, 1st defendant informed Sri Joseph that he did not require cement. It was t...
Tag this Judgment!A. P. Sivaraman and Others Vs. Income-tax Officer and Others.
Court: Kerala
Decided on: Mar-17-1994
Reported in: (1994)119CTR(Ker)379; [1994]209ITR36(Ker)
T. L. VISWANATHA IYER J. - Petitioners Nos. 1 to 3 and 5 and one Kunhiraman, the husband of the fourth petitioner, to whom I shall hereinafter refer as the petitions, were employees of a firm, New Anandsagar Colour Merchants, Kannoor. According to the petitioners, they were receiving salary from the firm as per the agreement entered into with the latter as a percentage of the net profit of the firm. It is said that the agreement, however, provided that the amount credited to the petitioners will be paid and allowed to be withdrawn only if the Income-tax Department allowed the same as an admissible deduction in the assessment of the firm.The petitioners filed returns for the years 1980-81 to 1983-84 returning the various amounts received by them as salary from the firm. These returns were accepted in toto as they were and the assessments completed on the petitioners for these years, copies of which are exhibits P-1 to P-14.When the firms assessments were taken up for these years, the In...
Tag this Judgment!S. M. Fareesa Begum Vs. State of Kerala and Others.
Court: Kerala
Decided on: Mar-17-1994
Reported in: [1994]209ITR928(Ker)
ORDERT. L. VISWANATHA IYER J. - The question that arises for consideration in this writ petition is whether the findings at an inspection of holdings by the Agricultural Income-tax Officer, could be made use of in completing the assessments for earlier years. According to the petitioner, an assessee to tax under the Agricultural Income-tax Act, 1950 ('the Act'), Kochu Thommen J. (as he then was) has held that they cannot be so used, in his decision in Ruby Rubber Works Ltd. v. Agrl. ITO : [1983]139ITR218(Ker) . But I do not agree.Briefly the facts. The petitioner owned six acres of land planted with cardamom. She was not in the habit of keeping any accounts, though she was an assessee under the Act. Her returns for the assessment years 1977-78 to 1980-81 (accounting years 1976-77 to 1979-80) were rejected and assessments completed to the best of judgment on December 3, 1981. But these assessments were set aside in appeal on January 4, 1983, and remitted back to the Agricultural Income-...
Tag this Judgment!Mandesan Vs. State of Kerala
Court: Kerala
Decided on: Mar-15-1994
Reported in: 1995CriLJ61
ORDERK.T. Thomas, J.1. Adultery ranging to incest was attributed to this appellant by his sister-in-law Rajamma when the paternity of her new born child was in question. Upon such allegation being hurled, appellant backed her (Rajamma) as well as her new born child to death on the morning of 7th October, 1988. This is the gravamen of the story. Appellant was convicted of double murder by the trial court and was sentenced to imprisonment for life.2. Following is the synopsis: Rajamma was married to appellant's younger brother Sreedharan and a daughter (PW.21 Sunitha) was born to them about sixteen years before the occurrence in this case. Rajamna's husband Sreedharan had undergone vasectomy some time after the birth of Sunitha and was leading a wayward life. This caused estrangement in the matrimonial life and eventually Sreedharan had deserted Rajamma when Sunitha was in infantile age. A few years later Rajamma became pregnant and the news created a flutter and grave concern in the fam...
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