Kerala Court July 1994 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.
K.V. Antony Vs. Catholic Syrian Bank Ltd.
Court: Kerala
Decided on: Jul-20-1994
Reported in: AIR1995Ker70
Thomas, J.1. Decree-holder-bank brought the property of the appellant to sale in execution of a mortgage decree. Sale was conducted on 15-11-1989. The decree-holder purchased the property, in the absence of other bidders, for the decree debt due them. Appellant moved for setting aside the sale, but the execution Court dismissed it as per the impugned order.2. Among the grounds taken up by the appellant, he pressed two of them into service here. First is that there was gross undervaluation of the properties sold, Second is that the sale is illegal inasmuch as the Court did not fix a reserve price as regards the mortgage as provided in Order 21, Rule 72-A(2) of the Code of Civil Procedure (for short 'the Code').3. Regarding the first ground, appellant has not adduced any evidence. There is no material to show that the value of the property would have been substantially higher than the bid amount as on the date of sale.4. For considering the second contention it has to be mentioned that t...
Karaparambil Sidharthan Vs. Kalathingal Hansankutty Haji and ors.
Court: Kerala
Decided on: Jul-20-1994
Reported in: AIR1995Ker122
Balanarayana Marar, J.1. Revision is directed against the judgment of Rent Control Appellate Authority, Kozhikode in R.C.A. 129 of 1990. That was an appeal against the order of Rent Control Court, Kozhikode-I in I.A. 4010/89 in R.C.P. 158 of 1987. The second appellant before the Rent Control Appellate Authority is the revision petitioner.2. The rent control petition was filed by respondents 1 to 11 against revision petitioner and respondents 12 and 13 for eviction on the ground of bona fide need for own occupation. Alleging that the tenant has failed to pay the admitted arrears the landlords moved the Rent Control Court by I.A. 4010/89 for an order under Section 12(3) of the Rent Control Act. After hearing both sides the Rent Control Court by order dated 20-1-1990 directed the respondents in the Rent Control Petition to pay or deposit the entire arrears of rent till date as claimed in the petition on or before 20-2-1990 or to show cause why all further proceedings shall not be stopped ...
K. Koodalingam Vs. Supt. Engineer and ors.
Court: Kerala
Decided on: Jul-20-1994
Reported in: 1995ACJ282; (1995)ILLJ334Ker
Ramakrishnan, J. 1. A Common question of law arises for consideration in these two appeals filed against a common order passed by the Court of the Commissioner for Workmen's Compensation, Kozhikode (for short 'the Court') in two separate proceedings, namely W.C. No. 97 of 1984 and W.C. No. 98 of 1984 arising out of a single accident in which Thirumurthy, W/o, applicant in W.C. No. 97 of 1984 and Vasantha, D/o. applicant in W.C. No. 98 of 1984 lost their life being buried alive under earth as a result of a landslide. As such we are disposing of the appeals by this common judgment.2. Relevant facts are not in dispute and are thus: Both cases, namely W.C. Nos. 97 and 98 of 1984 were applications filed under Section 100 of the Workmen's Compensation Act, 1923 (for short 'the Act') claiming compensation for the death of workmen admittedly employed by the second opposite party in both cases as contractor engaged by the first opposite party for the purpose of getting a project undertaken by t...
Kerala State Drugs and Pharmaceuticals Ltd. Vs. Commissioner of Income ...
Court: Kerala
Decided on: Jul-19-1994
Reported in: (1994)120CTR(Ker)504; [1994]210ITR1042(Ker)
T.L. Viswanatha Iyer, J.1. The petitioner is a public sector undertaking, a Government company wholly owned by the Government of Kerala. It has been making substantial losses which accumulated to an amount of Rs. 4,64,00,746 at the end of the financial year 1985-86. It is incorporated under the Companies Act, 1956, and, therefore, its accounts have to be audited by an auditor appointed by the Central Government on the advice of the Comptroller and Auditor-General of India under Section 619(2) thereof. Its accounts have also got to be audited by an accountant under Section 44AB of the Income-tax Act, 1961 ('the I. T. Act').2. As I indicated earlier, the petitioner has been making losses, and its loss in the financial year 1985-86 corresponding to the assessment year 1986-87 was Rs. 1,42,86,624. An assessee who claims to have the loss sustained by it carried forward to any subsequent year has to file a return under Sub-section (3) of Section 139 of the Income-tax Act within the time spec...
Kumaran Vs. Mohammed Khader
Court: Kerala
Decided on: Jul-19-1994
Reported in: II(1994)ACC532; 1995ACJ173
K.P. Balanarayana Marar, J. 1. The question that arises in this revision is whether the compensation awarded by the Motor Accidents Claims Tribunal to the legal representatives of a deceased is liable to be attached in a claim against the deceased person.2. The revision arises from an order in execution. Decree holder is the revision petitioner. The suit was filed by him against one Mohammed Ismail Kasim. Pending suit he died in a motor accident and his legal representatives were impleaded as defendant Nos. 2 to 7. A decree was granted against the defendants on 17.12.1986 directing the amount to be realised from the assets of the deceased in the hands of his legal representatives. The heirs of the deceased obtained an award from Motor Accidents Claims Tribunal, Quilon. The award was passed for an amount of Rs. 1,50,000/- in their favour. That amount was sought to be attached by the decree holder. An order of attachment was granted and the amount was attached. On the motion of the judgm...
R. Padmanabhan Vs. Union of India (Uoi)
Court: Kerala
Decided on: Jul-19-1994
Reported in: 1995(78)ELT664(Ker)
T.L. Viswanatha Iyer, J.1. O.P. No. 12775 of 1991 is the leading case and I shall set forth the facts therein in the first instance.2. The petitioner is a member of the Indian Police Service allotted to the Kerala Cadre. He was the Deputy Inspector General of Police, Northern Range at Kozhikode at the relevant time namely February 1989.3. On February 24,1989, a team of police officials under the leadership and guidance of the petitioner effected seizure of 900 contraband gold biscuits (stated to be worth about Rs. 3.5 crores) from a house in Chevayur, a suburb of Kozhikode, where they were kept concealed in a heap of coconuts, besides a Maruti car used for transport of the gold. A Crime Case No. 70 of 1989, for offences under Section 101 of the Customs Act and Section 41(1)(a) Cr. P.C. was registered in the Nadakkavu police station in Kozhikode City. Based on information gathered at the time of investigation, further seizure of 1596 gold biscuits (valued approximately at Rs. 6.5 crores...
Commissioner of Income-tax Vs. P. Veriah
Court: Kerala
Decided on: Jul-18-1994
Reported in: (1994)121CTR(Ker)491; [1995]211ITR244(Ker)
T.L. Viswanatha Iyer, J. 1. We do not find any referable question of law arising out of the order of the Tribunal, annexure 'C'. The assessee, an individual, was a partner of a business which was running a cinema theatre. The firm was dissolved in 1979. The cinema business was taken over by the assessee. The Tribunal found, as a fact, that there was nodiscontinuance of the business. The assessee's claim for deduction of expenses spent on decorative items, furniture, electrical works and sanitary works in the course of improving the theatre was allowed by the Tribunal as revenue expenditure. The Tribunal could not find any question of law to be referred and hence this application under Section 256(2) of the Income-tax Act, 1961.2. So far as decorative items are concerned, it includes plaster of paris work, decoration of walls, ceilings, verandas, etc. The Tribunal noted that these are not items of a permanent nature, but liable to change as tastes and fashions change. The Tribunal there...
National Insurance Co. Ltd. Vs. Ramakrishna Pillai and ors.
Court: Kerala
Decided on: Jul-18-1994
Reported in: II(1994)ACC497; 1994ACJ1113
M.M Pareed Pillay, J.1. Appellant is the third respondent in O.P. (MV) 618 of 1987 of the Additional Motor Accidents Claims Tribunal, Mavelikara. First respondent filed the original petition under Section 110-A of the Motor Vehicles Act, 1939, for compensation for bodily injuries sustained by him in a motor accident. While the matter was pending before the Tribunal, the parties settled the claim through negotiation and the appellant, National Insurance Co. Ltd., agreed to pay Rs. 25,000/- to the first respondent in full and final settlement of all the claims. Accordingly, Rs. 25,000/-was awarded as compensation making the appellant liable to pay the same to the first respondent.2. Contention of the appellant is that it had raised serious objections to the claim by filing a detailed counter statement, that when the case came up for trial there was suggestion for settlement and that it did not agree to the suggestion. According to the appellant, the Tribunal went wrong in granting compen...
K.V. Kunhikannan Vs. Food Inspector and anr.
Court: Kerala
Decided on: Jul-15-1994
Reported in: 1994CriLJ3823
K. Sreedharan, J.1. This revision petition has come before us on a reference order passed by a learned single Judge of this Court doubting the correctness of the decision in Kanaran v. State of Kerala, (1991) 2 Ker LT 908. The question that is to be considered by us is whether the Magistrate who sends a sample to the Central Food Laboratory for analysis should comply with the provisions contained in Rule 4 of the Prevention of Food Adulteration Rules, hereinafter referred to as the Rules.2. The short facts necessary for the disposal of this revision petition are as follows: -On 9-10-1987 at about 3 p.m. Food Inspector, Kanhangad Circle inspected the grocery shop of the accused and purchased 750 grams of Thovara from the stock exposed for sale, for the purpose of analysis. He sampled the same after observing all the formalities. (There is no contention that the Food Inspector violated any of the provisions of the Prevention of Food Adulteration Act or the Rules in sampling or in sending...
Rajeswari Export House Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Jul-14-1994
Reported in: [1994]210ITR942(Ker)
Sujata V. Manohar, C.J.1. This is an application under Section 256(2) of the Income-tax Act, 1961. The assessment year concerned is 1974-75 for which the relevant accounting period ended on June 30, 1973. The assessee is an exporter of handloom textiles. The assessing authority completed the assessment making an addition of Rs. 59,430 to the returned income alleging inflation in the purchase cost. The Inspecting Assistant Commissioner of Income-tax, Calicut-I, initiated proceedings under Section 271(1)(c) of the Income-tax Act for levy of penalty. By order dated March 6, 1978, a penalty of Rs. 59,430 was levied. The assessee took up the matter in appeal before the Income-tax Appellate Tribunal, Cochin Bench, Ernakulam. The Appellate Tribunal upheld, inter alia, the contention of the petitioner that the Inspecting Assistant Commissioner had no jurisdiction to levy penalty and accordingly cancelled the penalty. Against the order cancelling the levy of penalty, the Revenue filed an applic...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »