Kerala Court March 1995 Judgments
Payyannur Educational Society Vs. Narayani
Court: Kerala
Decided on: Mar-20-1995
Reported in: 1996ACJ73; (1996)IIILLJ1212Ker
Thomas, J.1. Two workmen while engaged in a land excavating operation, were buried alive under heaps of mud billowed on them in a landslide and the site became their grave instantaneously, Dependents of those who died in such a trice made claims for compensation from the owner of the land (appellant) and two others (respondents 2 and 3). The Workmen's Compensation Commissioner (for short 'the Commissioner') found that it was the appellant who had employed them, and on that finding he directed the appellant to pay compensation amount to the dependents of those two victims. These appeals are in challenge of the common award passed by the Commissioner.2. There is no dispute that at the time of the catastrophe the two workmen were engaged in excavation work on appellant's land. Appellant is a registered society called 'Payyannur Educational Society'. Appellant's contentions were that the two workmen were not employed by the society but they were recruited by the second respondent to whom t...
Tag this Judgment!G. Balakrishna Pillai Vs. the Joint Regional Transport Officer and anr ...
Court: Kerala
Decided on: Mar-14-1995
Reported in: II(1995)ACC264; AIR1996Ker96
Pareed Pillay, C.J.1. Appellant filed O.P. 1342 of 1995 challenging inter alia amendment to Rule 290 of the Kerala Motor Vehicles Rules, 1989. The amendment came into existence on 25-10-1993, the date on which the amended rule was published in the Gazette. By the amendment Sub-rule (2) was added stipulating that every educational institution bus shall be painted with 'Cream-Yellow Colour'. Challenge is on the ground that it is an unreasonable restriction and that the amendment has no nexus with the object sought to be achieved.2. Contention of the appellant is that no other private service vehicle or public transport vehicle is subjected to such an unreasonable condition regarding painting of the body with a particular colour, that the buses belonging to I. S. R. O., Trivandrum, KELTRON, Trivandrum, F.A.C.T., Udyogamandal and Cochin Refineries Ltd., Ambalamugal are used without any restriction as to the colour of the paint used and therefore singling out the vehicles belonging to educa...
Tag this Judgment!Kerala Pattika Jathi Samrekshana Samithy and anr. Vs. State of Kerala ...
Court: Kerala
Decided on: Mar-14-1995
Reported in: AIR1995Ker337
Shanmugam, J.1. The petitioners have preferred the Original Petition praying for a writ of certiorari, a writ of mandamus and a declaration containing four prayers. The petitioners did not press the prayers in respect of mandamus but have restricted their prayers to (a) issue a writ of certiorari to quash Exts. P1 to P4 and (b) issue a declaration that the change of caste in school records by substituting the name of Scheduled Caste in the place of the name of caste or community coming under the category of Other Backward Classes in school records is illegal and null and void ab initio. 2. When the matter came up before the Bench consisting of K..S. Paripoornan, J. (as he then was) and K.P. Balanarayana Marar, J.on 12-4-1991, the Division Bench ordered that this matter requires indepth consideration and that the impact and the result of this litigation has far reaching consequences regarding the future of the Scheduled Castes and Scheduled Tribes in the State, and in view of the publi...
Tag this Judgment!Raichal John Vs. Francis Ninan
Court: Kerala
Decided on: Mar-13-1995
Reported in: II(1995)DMC225
P.K. Balasubramanyan, J.1. This petition is for transfer of an Original Petition for divorce pending before the Family Court, Quilon from that Court to the District Court, Pathanamthitta on the ground that the petitioner-wife resides within the jurisdiction of the District Court, Pathanamthitta and it will be more convenient to her if the proceedings are tried in the District Court, Pathanamthitta. Though served with notice, the respondents have not appeared in this Civil Miscellaneous Case.2. The petition for divorce was filed by the husband, the first respondent initially in the Family Court, Trivandrum. There is no case for the petitioner-wife that the Family Court, Trivandrum did not have the jurisdiction to try the cause. The allegation in the petition was that the parties were last residing together in the matrimonial home at Quilon, then within the jurisdiction of Family Court, Trivandrum. On the formation of the Family Court at Quilon, the petitioner for divorce was transferred...
Tag this Judgment!V. Selvapandian Vs. Agricultural Income-tax and Sales Tax Officer and ...
Court: Kerala
Decided on: Mar-12-1995
Reported in: (1995)146CTR(Ker)14; [1995]215ITR711(Ker)
M. M. PAREED PILLAY C.J. - The assessments for the years 1984-85, 1985-86, 1986-87 and 1987-88 were completed by the first respondent under section 18(4) of the Agricultural Income-tax Act, 1950, by separate orders. Admittedly, that was done with a notice to the petitioner. The petitioner filed applications under section 19 of the Act to reopen the assessments. As the applications were not filed within one month from the service of a notice of demand, the Agricultural Income-tax and Sales Tax Officer (the first respondent) rejected the same. Appeals were preferred against the assessment orders before the Appellate Assistant Commissioner. The appeals were dismissed. Second appeals were filed before the Agricultural Income-tax Appellate Tribunal (the second respondent). The Tribunal allowed the appeals as per exhibit P-2 order. Thereafter, the Tribunal suo motu rectified the order under section 36 of the Act. Exhibit P-3 is the order. Exhibit P-3 is challenged in the original petition.Ad...
Tag this Judgment!Link Hire-purchase and Leasing Co. (Pvt.) Ltd. and Premier Kuries and ...
Court: Kerala
Decided on: Mar-10-1995
Reported in: [2001]103CompCas941(Ker)
K.K Usha, J. 1. The petitioners are private limited companies admittedly carrying on the business of money lending. But it is their contention that they would not come within the definition of 'money lender' under the Kerala Money-lenders Act, 1958, as amended. Therefore, according to the petitioners, they are not liable to take any licence as provided under the Act nor are they bound by other provisions of the Act. They seek a declaration that the Kerala Money-lenders Act, 1958 does not apply to the petitioners as they are companies incorporated under the Companies Act. They also seek a direction to respondents Nos. 1 to 4 not to enforce the provisions of the Kerala Money-lenders Act against them.2. The term 'money-lender' is defined under Section 2(7) of the Kerala Money-lenders Act, 1958, as amended by Act 16 of 1987 as follows :'2. (7) 'money-lender' means a person whose main or subsidiary occupation is the business of advancing and realising loans or acceptance of deposits in the ...
Tag this Judgment!K. Damodaran Vs. All Kerala Cashewnut Factory Workers' Federation and ...
Court: Kerala
Decided on: Mar-07-1995
Reported in: [1996(73)FLR1225]; (1996)IILLJ129Ker
V.V. Kamat, J.1. Award dated July 5, 1991, of the Industrial Tribunal, Kollam, in Industrial Dispute No. 118 of 1989, holding that the workers represented by the respondent - workmen are entitled to get full wages for the period from December 3, 1982, to July 27, 1984, is brought, before this Court for' examination and scrutiny, by the petitioner, owner of P.K.D. Cashew Factory, Kollam, under Article 226 of the Constitution of India.2. Just as the law and the relevant legal provisions rarely offer strait-jacket solutions and have to meet the changing situations and peculiarities of the locations, the cashew industry has its own structural peculiarities in the State. The Principles of social justice introduced into the legislation in their implementation through the courts are also beset with a warning that the court should not add to them on its own over and above the statutory provisions. The Cashew Corporation of India used to allot raw cashewnuts to the factories in the State on cer...
Tag this Judgment!K. Jayaraman Vs. Quilon Gas Service and anr.
Court: Kerala
Decided on: Mar-07-1995
Reported in: [1995(70)FLR1028]; (1995)IILLJ1150Ker
M.M. Pareed Pillay, C.J.1. The appellant was an employee under the first respondent. First respondent challenged exhibit P-1 award of the Labour Court, Quilon, directing reinstatement of the appellant workman with 75 per cent. back-wages. The learned single judge allowed the original petition and set aside the order of the Labour Court to the extent of directing reinstatement. The main contention of the appellant is that the learned judge did not allow his petition (C.M.P. No. 15994 of 1990) filed under Section 17-B of the Industrial Disputes Act. The learned judge dismissed the petition without considering it on the merits.2. As the learned judge had set aside the order of reinstatement of the appellant and as that has not been challenged by him, it has become final. With regard to the direction of the Labour Court that the appellant should be given 75 per cent. back-wages, there is no challenge by the first respondent.3. The only question that arises for consideration is whether the ...
Tag this Judgment!V.C. Madhavan Nambiar and ors. Vs. Puthiyadath Bharathan and anr.
Court: Kerala
Decided on: Mar-07-1995
Reported in: 1995CriLJ2732
ORDERK.P. Balanarayana Marar, J.1. Petitioners are the accused in C.C. 657 of 1993 before Judicial First Class Magistrate, Koothuparamba, a complaint presented by first respondent alleging commission of offence punishable under Sections 143, 147, 148, 447, 427, 379 and 506(2) read with Section 149, I.P.C. Petitioners six in number are alleged to have trespassed into the property of the first respondent and demolished compound walls put up by him and got accounts plucked whereby a loss to the extent of Rs. 35,000/- was sustained by first respondent. Petitioners alleged that the property in respect of which the complaint was presented belonged to them and were in their possession along with remaining area, the total extent of the properly being 3.68 acres. One Janardhanan is allged to have advanced a sum of Rs. 25,000/- to petitioners and an area of 67 1/2 cents was given to him as security. Though a document was registered in his name possession continued with petitioners, according to ...
Tag this Judgment!Commissioner of Gift-tax Vs. Smt. C. K. NirmalA.
Court: Kerala
Decided on: Mar-06-1995
Reported in: [1995]215ITR156(Ker)
P. A. MOHAMMED J. - This is a reference under section 26(1) of the Gift-tax Act, 1958, at the instance of the Commissioner of Gift-tax, Trivandrum. The question of law referred by the Income-tax Appellate Tribunal, Cochin Bench, to this court for decision is extracted below :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in finding that the transfer in question has not resulted in any gift assessable to gift-tax in the view that the capital brought in by the incoming partners can be taken as consideration for the transfer of 65 per cent. of the assessees interest in the business ?'The facts which are necessary for deciding the reference are summarised thus : The assessee was the proprietress of a trading concern known as 'Gunbow Trading Company' doing business in coir products. In the year 1979, the said establishment was transformed into a partnership firm, the assessee continuing as one of the partners. The other partners are her two major ...
Tag this Judgment!- ‹ Prev
- 1
- 3
- Next ›
- Last »