Kerala Court September 1994 Judgments
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Abu Mohammed Vs. Mohammed Kunju Lebba
Court: Kerala
Decided on: Sep-09-1994
Reported in: I(1995)DMC316
K.T. Thomas, J.1. A marriage proposal burgeoned and progressed to much leaps. But before it bloomed into wedding it fizzled out and the girl was later given in marriage to another person. However, in the meantime there were some monetary transactions between the parties. The girl's father sued the betrothed person and his parents for return of the money advanced. As the Trial Court decreed the suit, this appeal has been filed by the defendants.2. Plaint claim was founded on the following facts : Plaintiff's daughter Rajula Beevi was proposed for marriage with Mohammed Najeeb (that defendant). During negotiation, a suggestion came from Najeeb's parents that since their residential house required sprucing up to make it befitting to the bridal home of the couple some money was required. It was favourably reciprocated and plaintiff paid a total amount of Rs. 1,02,920/- to the defendants on different occasions either through cheques or cash. The house was refurbished but the proposed weddin...
Akhila Kerala (Hindu) Chemman Samajam and anr. Vs. Union of India (Uoi ...
Court: Kerala
Decided on: Sep-08-1994
Reported in: AIR1995Ker67
ORDERK. Sreedharan, J.1. First petitioner is an organisation by name 'Akhila Kerala (Hindu) Chem-mar Samajam', having registration No. 92/ 74. Second petitioner is the General Secretary of the said organisation. He has joined the Original Petition in his individual capacity as well.2. Material averments made by petitioners in this Original Petition are to the following effect: Members of Chemman community are traditionally Cobblers and are socially, economically and educationally very backward. They were treated to be untouchables like Pulayas, Sambavas, Kuravas etc., who are listed among Scheduled Castes in Kerala. Chamar, Mochi, Semman and Chak-kaliyan are all cobblers having the same social and economic status. All of them suffer from the stigma of untouchability and social disabilities. Before the State reorganisation, Chemman and Chakaliyan were treated to be identical for purpose of grant of concessions. In the schedule to the Scheduled Castes/ Scheduled Tribes Orders (Amendment)...
Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Vs. C ...
Court: Kerala
Decided on: Sep-07-1994
Reported in: [1994]95STC507(Ker)
Sujata V. Manohar, C.J.1. This group of tax revision cases has been heard together because a common question of law arises in all these cases. The department has filed these tax revision cases against the orders of the Kerala Sales Tax Appellate Tribunal, Kozhikode, dated September 25, 1992 and similar other orders of the Kerala Sales Tax Appellate Tribunal where the same question of law arises. The relevant assessment years in all these tax revision cases are assessment years 1989-90 and 1990-91. For the sake of convenience, we are referring in brief to the facts in T.R.C. No. 9 of 1994.2. The respondent in T.R.C. No. 9 of 1994 is a public limited company having Its registered office at Mangalore with its branch at Kozhikode. The company is a dealer in automobile springs. Their total turnover for the years 1989-90 and 1990-91 included sales tax collected amounting to Rs. 14,57,550 and Rs. 18,67,206.77 respectively. The assessing officer held that the sales tax collected formed a part ...
Soman Pillai Vs. State
Court: Kerala
Decided on: Sep-06-1994
Reported in: 1996CriLJ1031
K. Sreedharan, J.1. These appeals have been referred to a Division Bench by a learned single Judge for deciding the question as to whether trial conducted by the Sessions Court for offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, for short 'NDPS Act', is illegal in view of the order of commitment passed by the Magistrate under Section 193 of the Code of Criminal Procedure, for short 'the Code'.2. In Criminal Appeal 678/1993, police initiated proceedings under the NDPS Act against the accused on the allegation that he was found to have cultivated and maintained 100 ganja plants in the land belonging to and possessed by him at Mukkudil kara in Senapathy Panchayat. The cultivation was detected by the Sub-Inspector of Police, Santhanpara while he was on law and order patrol duty on 25-9-1990. Accused was taken into custody on 26-9-1990 when he surrendered before PW-4. the Circle Inspector of Police, Munnar. He was produced before the Judicial First Class Magistrate's...
State of Kerala Vs. Rajayyan
Court: Kerala
Decided on: Sep-02-1994
Reported in: I(1995)DMC287
K. Sreedharan, J.1. Accused in this case, four in number, who are husband of deceased Sanal Kumari, her mother-in-law and sisters-in-law respectively, were charged with offence punishable under Section 304-B read with Section 34 of the Penal Code. Learned Sessions Judge, Thiruvananthapuram, who tried the case as S. C. 210 of 1989, acquitted all the accused as per his judgment dated 21-3-1991. State has preferred Crl. A. 382 of 1991 challeging the said acquittal. PW-3, mother of deceased Sanalkumari, has preferred Crl. R.P. 600 of 1991 questioning the correctness of the acquittal. We heard learned Public Prosecutor and the learned Counsel appearing in these cases in extenso. We are disposing of the appeal and the criminal revision petition by this common judgment.2. The prosecution case, in brief, is as follows : First accused is a graduate working as Police Constable. Second accused is his mother and accused 3 and 4 his sister. First accused married Sanalkumari, daughter of PWs. 1 and ...
Ponnambalan Vs. Authority Under Minimum Wages Act
Court: Kerala
Decided on: Sep-02-1994
Reported in: (1995)ILLJ493Ker
Viswanatha Iyer, J.1. The appellant is the petitioner in the writ petition. He is running a retail outlet for petroleum products in Palakkad in which the second respondent was employed as a sales assistant till December 4, 1988. Alleging non-payment of the minimum wages payable under the Minimum Wages Act, 1947 (the Act in brief), the second respondent filed an application before the first respondent under Section 20 of the Act for direction to pay him the difference in wages as also compensation of Rs. 500/-. The claim was in time only for the period subsequent to September 11, 1988 and was barred for the earlier period, being filed beyond the prescribed period of six months. There was accordingly a petition, separately filed, for condonation of the delay in filing the application, in so far as it related to the earlier period.2. After contest, the Authority functioning under the Act allowed the application in part. The claim for the period upto and inclusive of September 11, 1988 was...
Kerala State Road Transport Corporation Vs. Peethambaran
Court: Kerala
Decided on: Sep-02-1994
Reported in: 1995ACJ515
V.V. Kamat, J.1. The question that is raised in this appeal by the Road Transport Corporation is as to whether certain facets of claim for damages have to be considered by the court as distinct and separate from each other or whether by reason of their overlapping nature could be said to be merging with each other. In fact, the learned Counsel for the Corporation contended that the question gets concluded in this context by the judgment of this Court in Shajan v. N. Raman Pillai 1995 ACJ 80 (Kerala). However, on going through the decision with the help of the learned Counsel, with special reference to para 13 thereof, it is more than clear that this Court endorsed the finding of not giving separate compensation on distinct heads as perfectly correct, observing that there is no further justification to pay any amount by way of compensation for permanent disability. Carefully considering the observations having factual aspect we now proceed to consider the position ourselves.2. The incid...
Kerala State Road Transport Corporation Rep. by the Managing Director ...
Court: Kerala
Decided on: Sep-02-1994
Reported in: II(1994)ACC683
V.V. Kamet, J.1. The question that is raised in this appeal by the Road Transport Corporation is as to whether certain facets of claim for damages have to be considered by the Court as distinct and separate from each other or whether by reason of their overlapping nature could be said to be merging with each other. In fact the learned Counsel for the Corporation contended that the question gets concluded in this context by the judgment of this Court. 1994 (2) KLJ 269 Shajart v. N. Raman Pillai and Ors. However, on going through the decision with the help of the learned Counsel, with special reference to paragraph 13 thereof, it is more than clear that this Court endorsed the finding of not giving separate compensation on distinct heads as perfectly correct, observing that there is no further justification to pay any amount by way of compensation for permanent disability. Carefully considering the observations having factual aspect, we now proceed to consider the position ourselves.2. T...
F.S. Chhajerh Vs. Kerala Financial Corporation and anr.
Court: Kerala
Decided on: Sep-01-1994
Reported in: [1995]82CompCas1(Ker)
Pareed Pillay, J.1. In C. A. No. 123 of 1994 in C. P. No. 5 of 1993 the learned single judge held that under Section 29 of the State Financial Corporations Act, 1951, the first respondent (Kerala Financial Corporation) has the right to sell the industrial concern, its machinery and equipment in one lot and the landed property with the building separately. The appellant who has taken a loan from the first respondent and defaulted payment sets forth the contention that the industrial concern as such alone can be sold and it cannot be sold piecemeal.2. The only point that arises for consideration is whether the first respondent has the authority to sell the machinery and equipment as one lot and the landed property with the building separately.3. The learned single judge, on a consideration of the facts and circumstances of the case, held that fairness and equity demand the sale of the assets of the appellant-company in liquidation at the earliest and any delay in the sale on technical gr...
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