Kerala Court June 1994 Judgments
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V. Santhosh and ors. Vs. Joint Registrar of Co-operative Societies, Th ...
Court: Kerala
Decided on: Jun-17-1994
Reported in: AIR1995Ker229
ORDERT.L. Viswanatha Iyer, J. 1. It is unfortunate that despite the authoritative pronouncements of this Court in Damodaran v. Joint Registrar, 1989 (11) KLT 858, Anthravose v. Senior Inspector of Co-operative Societies, 1992 (2) KLT 489, Abraham v. Returning Officer, 1993 (1) KLT 548, Ravi v. Kottavam Co-operative Urban Bank, 1993 (1) KLT 644 and Pankajaksha Panicker v. Venugopalan Nair, 1993 (2) KLT 641, Returning Officers at elections to cooperative societies continue to reject nominations without any rhyme or reason, leading to proliferation of unnecessary avoidable litigation. The case on hand is one in point. I think it will be advantageous and fruitful if the Registrar of Co-operative Societies educates the Returning Officers about the recent decisions on the point as to the circumstances in which alone a nomination for election to the managing committee of a co-operative society may be rejected.2. Briefly the facts. Elections to the managing committee of the Thiruvanantha-puram...
G. Sanjeevi Vs. State of Kerala and anr.
Court: Kerala
Decided on: Jun-17-1994
Reported in: [1994]95STC10(Ker)
K. Narayana Kurup, J.1. The petitioner is a registered dealer and an assessee to sales tax on the files of the second respondent, Additional Sales Tax Officer-II, 1st Circle, Palakkad, The challenge in this original petition is directed against exhibits P-4 and P-7 assessment orders passed by the second respondent rejecting the petitioner's claim for exemption of sugar-candy from sales tax under the provisions of the Kerala General Sales Tax Act, 1963. The petitioner has an effective alternative remedy of appeal under the Kerala General Sales Tax Act.2. The learned single Judge doubted whether in a case where the assessee has a right of appeal against the orders impugned in the original petition, he is obliged to pursue the remedy provided by the statute and referred the original petition at the admission stage itself for consideration of that question by a Division Bench. The Division Bench in turn having regard to the 'importance of the question on the practical side' referred the ma...
In Re: Sessions Judge
Court: Kerala
Decided on: Jun-16-1994
Reported in: 1995CriLJ330
Sreedharan, J. 1. This reference is made by the learned Sessions Judge, Kalpetta. In a Sessions Case before him, a juvenile, aged below 15 years, stands charged with offences punishable under Sections 450, 376 and 506(ii) of the Penal Code and also under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter referred to as 'the 1989 Act'. The question referred is whether the said Juvenile is to be tried by a Sessions Court or by the Court established under the Juvenile Justice Act, 1986, hereinafter referred to as 'the 1986 Act'.2. The allegation made by the prosecution against the juvenile, who has been brought to Court as the accused, is that on 8-1 -1993 at about 5.00 P.M. he criminally trespassed into the house of one Sandhya, aged 14 years, who is a member of the Scheduled Tribe, threatened her with death and then committed rape on her.3. Since the accused brought before the Sessions Court is aged only 15 years, he is a 'ju...
N.V. Shenoy and Co. Vs. Sales Tax Officer and ors.
Court: Kerala
Decided on: Jun-13-1994
Reported in: [1994]95STC469(Ker)
T.L. Viswanatha Iyer, J.1. There is no merit in this writ petition. Petitioner challenges exhibit P3 by which the Cochin Shipyard directed that he should produce a certificate from the sales tax authority failing which deduction will be made at 6 per cent towards sales tax. If really the petitioner is not liable to pay any sales tax because no transfer of property in goods is involved in the works contract, it is for him to satisfy the Cochin Shipyard itself regarding the same and I am sure the awarder, namely the Cochin Shipyard will take that into account in deciding whether they could deduct any amount towards sales tax. It has been repeatedly held by this Court as well as by the Supreme Court that the question of payment of tax in a works contract will arise only if there is a transfer of property in goods involved in the matter of execution of the contract. If there is no transfer of property in goods from the contractor to the awarder, needless to say no question of liability to ...
E.S.i. Corporation Vs. Raju
Court: Kerala
Decided on: Jun-09-1994
Reported in: 1994ACJ1041; [1995(70)FLR1143]; (1995)ILLJ21Ker
Usha, J.1. Appeal at the instance of the Employees State Insurance Corporation is against the judgment of the Employees Insurance Court, Alleppey in I.C.A. No. 22/91 granting the respondent herein full rate of benefit till the date of superannuation or till he gets a suitable employment elsewhere. The respondent herein was working as a toddy tapper. He met with an accident in the course of his employment on January 25, 1990. He is an employee covered by the Employees State Insurance Scheme.2. Employees State Insurance Medical Board fixed his disability at 40%. The finding of the Medical Board on his condition was 'post Traumatic Spondylo-listhesis L5 S1 with Sciatica left side.' It is contended before the E.I. Court on behalf of the injured employee that since he is incapable of doing the work of toddy tapper as a result of the injury sustained by him, he is entitled to be awarded 100% disablement benefit. The E.I. Court came to the conclusion on the evidence of DW1, Dr. K. Balachandra...
Regional Director Esi Corpn. Vs. P.K. Raju
Court: Kerala
Decided on: Jun-09-1994
Reported in: II(1994)ACC619
K.K. Usha, J.1. Appeal at the instance of the Employees State Insurance Corporation is against the judgment of the Employees Insurance Court, Alleppey in I.C.A. No. 22/91 granting the respondent herein full rate of benefit till the date of superannuation or till he gets a suitable employment elsewhere. The respondent herein was working as a toddy paper, he met with an accident in the course of his employment on 25.11.1990. He is an employee covered by the Employees State Insurance Scheme.2. Employees State Insurance Medical Board fixed his disability at 40%. The finding of the Medical Board on his condition was 'post Traumatic Spondylolisthesis L5 S1 with Sciatica left side.' It is contended before the E.I. Court on behalf of the injured employee that since he is incapable of doing the work of toddy taper as a result of the injury sustained by him, he is entitled to be awarded 100% disablement benefit. The E.I. Court came to the conclusion on the evidence of DW 1 Dr. K. Balcahandran, t...
Kerala State Elecy. Board Vs. Labour Court
Court: Kerala
Decided on: Jun-08-1994
Reported in: [1995(70)FLR1133]; (1995)ILLJ411Ker
K. Sreedharan, J.1. Kerala State Electricity Board is the petitioner, Board challenges Ext. P5 order passed by the Labour Court, Ernakulam impleading the Board as an additional party in the array of management in Industrial Dispute No. 33 of 1986.2. The short facts necessary for understanding the dispute raised in the Original Petition are as follows: - Second respondent was a licensee for distribution of electrical energy in Mattancherry area. Erstwhile Government of Cochin by notification dated November 12, 1929 granted the company the right of distribution of electrical energy for a period of fifty years. Respondent No. 3 and one C.K. Hariharan, whose legal representatives are respondents 4 to 8, were employees of the company. On the expiry of the period of licence granted to the second respondent, the Kerala State Electricity Board under Section 6 of the Indian Electricity Act gave notice to the licensee to sell the undertaking to it. In the process of the purchase, there were disc...
State Bank of India Vs. Mrs. T.R. Seethavarma and ors.
Court: Kerala
Decided on: Jun-03-1994
Reported in: AIR1995Ker31
Balanarayana Marar, J. 1. Theappeal arises from a suit for money. Plaintiff is the appellant.2. A partnership firm by name Reshmy's of which defendants 1 and 2 are the partners availed of loan facilities from plaintiff bank. An overdraft agreement for Rs. 3 lakhs was executed on behalf of the firm on 24-12-1979.A promissory note for the same amount was also executed and handed over as collateral security with a letter of continuity on the same date. As per the agreement it was agreed that the accommodation will be on account of current in the name of Reshmy's at the Kaloor Branch of the plaintiff bank with liberty to overdraw up to a limit of Rs. 3 lakhs. The third defendant had agreed to guarantee the same. The amount borrowed was agreed to be repaid with interest at 18% per annum with quarterly rests. Advances were made to the firm by the Bank. Defendants 1 and 2 failed to operate account properly. On 24-1-1989 third defendant drew a cheque on Vijaya Bank for Rs. 6,60/- in favour of ...
CochIn Roller Flour Mills Vs. State of Kerala and anr.
Court: Kerala
Decided on: Jun-03-1994
Reported in: [1994]95STC322(Ker)
K.K. Usha, J.1. Petitioners in O.P. Nos. 6616 and 6526 of 1991 are the appellants. Following the decision of the Supreme Court in Rajasthan Roller Flour Mills Association v. State of Rajasthan [1993] 91 STC 408 ; 1993 KLJ (TC) 599, the learned single Judge rejected the prayer made by the petitioners for a declaration that the authorities under the Kerala General Sales Tax Act shall not impose, levy or collect taxes on the sale or purchase of the whole wheat, atta, suji, rava and maida and bran at more than one stage and that the levy of tax under the Kerala General Sales Tax Act subsequent to the levy of tax at the stage of the sale of wheat to the flour mills is unconstitutional and void and that entry 158 in Schedule I defining 'wheat products' meaning to include maida, atta, suji, rava and resultant atta is unconstitutional and invalid. The Supreme Court has held that maida, suji and rava derived from wheat are not 'wheat' within the meaning of section 14(i)(iii) of the Central Sale...
K.K. Abdul Gafoor Vs. the Intelligence Officer, Agricultural Income-ta ...
Court: Kerala
Decided on: Jun-03-1994
Reported in: [1994]95STC495(Ker)
T.L. Viswanatha Iyer, J.1. The challenge is to an order imposing a penalty of Rs. 50,000 under Section 45A of the Kerala General Sales Tax Act, 1963 and the confirmation thereof by the Deputy Commissioner and the Board of Revenue in successive revisions. The orders impugned are exhibits P1, P2 and P6.2. The petitioner is a dealer in petroleum products at Vadakara under the Hindustan Petroleum Corporation. There was a search of his premises on January 6, 1988 by the Intelligence Officer, Agricultural Income-tax and Sales Tax, Thalasserry and his team. Physical verification of the stock disclosed substantial differences of the items mentioned in exhibit P1 order. A pocket note book was also recovered from the business place of the petitioner, which revealed unaccounted transactions of 4,216 litres of petrol and 22,269 litres of diesel. The petitioner thus failed to maintain true and complete accounts regarding the business transactions for the year 1987-88, which is an offence falling un...
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