Kerala Court August 1995 Judgments
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Vijayasankar Vs. Union of India (Uoi)
Court: Kerala
Decided on: Aug-18-1995
Reported in: II(1995)ACC613; 1996ACJ923
K.T. Thomas, J.1. The tragedy which visited a young bachelor in his twenties was so devastating that he turned into a paraplegic in a trice. He sustained an injury on his 'conus medullaris' (inner portion of spinal cord at the lumbar region) in a fall from a stationary train and he is afflicted with what the doctors in Apollo Hospital (Madras) described as 'meningocele'. He claimed compensation from the railway administration, but the Railway Claims Tribunal (for short 'the Claims Tribunal') dismissed his application on the ground that it has no jurisdiction to entertain it. This appeal is filed by him under Section 23 of the Railway Claims Tribunal Act, 1987 (for short 'the Claims Tribunal Act').2. The tragic journey of the appellant was on 26.7.1988. He boarded the train (Mangalore-Madras Mail) at Calicut with his destination as Pattambi. As he was alighting from the train when it reached Pattambi Railway Station, he slipped down from the train as there was a jolt or jerk and fell in...
Ramachandran Nair Vs. Vimala
Court: Kerala
Decided on: Aug-18-1995
Reported in: II(1995)ACC641; 1996ACJ308
K.T. Thomas, J.1. Appellant is the registered owner of an autorickshaw bearing No. KCT 714. An accident occurred on 26.3.1993 involving the said autorickshaw in which husband of first respondent (hereinafter referred to as 'the deceased') died. Legal heirs of the deceased made a claim for compensation before the Motor Accidents Claims Tribunal ('Claims Tribunal' for short). They also moved application for interim award under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act'). As per the impugned order Claims Tribunal directed the appellant to pay Rs. 25,000/- as interim award.2. Learned counsel contends that the appellant is only the registered owner of the autorickshaw and he is not its real owner and hence, he cannot be mulcted with the 'no fault liability'. It is for the appellant to establish that the real owner of the vehicle was someone else on the date of accident. It is appellant's obligation to get that person impleaded as a party in the proceedings. He has not ...
Rajan Alias Krishnankutty Nair and ors. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Aug-08-1995
Reported in: AIR1996Ker79
V.V. Kamat, J.1. Legal right is a situation of assertion in a given legal system. This situation is meaningful only when it is enforceable at law. There are many legal situations to be seen as merely innocuous because under a legal system they cease to be enforceable. Apart from many illustrative events, the concepts of law of limitation results into many legal rights becoming unenforceable at law. The court exercising extraordinary jurisdiction under Article 226 of the Constitution of India, with its inherent limitation, has to be much conscious and circumspect especially when the cause at its inception in such proceeding is far out of limitation even under the ordinary civil law of limitation in the context.2. Even under the law of limitation, it is the duty of the court (Section 3 of the Limitation Act) to see that the cause of action and the institution of the proceeding are legally correlated by the required provision of the limitation. In a writ petition, the question is perceive...
K.V. Rajan Vs. State of Kerala and ors.
Court: Kerala
Decided on: Aug-04-1995
Reported in: [2003]133STC598(Ker)
K.G. Balakrishnan, J.1. All these original petitions are filed to declare that Section 3 of the Kerala Tax on Entry of Motor Vehicles into Local Areas Act, 1994 (Act 15 of 1994) (hereinafter mentioned as 'Entry Tax Act') and Rule 4 of the Rules framed thereunder are ultra vires and violative of the Constitution. The Act received the assent of the Governor on June 9, 1994 and was published in the Kerala Gazette Extraordinary No. 550 dated June 10, 1994. The contention of the petitioners is that levy of tax under Section 3 of the Entry Tax Act is opposed to Articles 301 and 304 of the Constitution as it hampers free flow of trade throughout the territory of India. In some of the petitions it is contended that even if it is assumed that the State can impose certain restrictions on the free flow of trade, commerce and intercourse such legislation ought to have been moved in the Legislature only with the previous sanction of the President as contemplated under Article 304(b) of the Constitu...
Commissioner of Income-tax Vs. Late S. M. Syed Mohamed (Lrs. Smt. N. F ...
Court: Kerala
Decided on: Aug-04-1995
Reported in: (1995)128CTR(Ker)172; [1995]216ITR331(Ker)
P. A. MOHAMMED J. - These income-tax references arise from a common order passed by the Income-tax Appellate Tribunal, Cochin Bench, dated May 30, 1983, in R. A. No. 314/ (Coch) of 1980 at the instance of the assessee and R. A. No. 324/ (Coch) of 1980 at the instance of the Revenue. Both the applications are from the order in I. T. A. No. 150/ (Coch) of 1978-79 relating to the assessment year 1973-74.The questions, referred to this court at the instance of the assessee, are as follows :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that penalty is exigible under section 271(1)(c) of the Income-tax Act for the assessment year 1973-74 ?(2) Whether there was a valid reference by the Income-tax Officer under section 274(2) to the Inspecting Assistant Commissioner ?'The questions, referred at the instance of the Revenue, are as follows :'(1) Whether, on the facts and in the circumstances of the case, and also on an interpretation of section...
Vakkanad G. Nagappan, Advocate Vs. M.S. Mani, S/O Sukumaran and ors.
Court: Kerala
Decided on: Aug-03-1995
Reported in: 1996CriLJ134
M.M. Pareed Pillay, C.J.1. The question that arises for consideration is whether a party can initiate criminal contempt action before the High Court overlooking Section 15 of the Contempt of Courts Act. Section 15(1) provides that in the case of a criminal contempt, other than a contempt referred to in Section 14, the Supreme Court or the High Court may take action on its own motion or on a motion made by the Advocate-General, or any other person, with the consent in writing of the Advocate-General. Petitioner's contention is that as he has brought to the notice of this Court of the contempt committed by the respondents this Court can certainly take action de hors the consent in writing of the Advocate-General as provided under Section 15(1)(b) of the Act.2. From a reading of Section 15(1) of the Act it can be discerned that consent in writing of the Advocate-General is the sine qua non for initiating criminal contempt before the High Court by any person other than the Advocate-General...
Said Mohammed Vs. Rema
Court: Kerala
Decided on: Aug-01-1995
Reported in: 1996ACJ477
Thomas, J.1. Mrs. Anitha U. Menon, learned counsel for the appellant, made a forceful plea that the legal position hitherto followed by this court regarding 'owner' of a motor vehicle needs reconsideration in view of the change in the definition as brought by Section 2(30) of the Motor Vehicles Act, 1988 (for short 'the Act').2. Such a contention was put forward in the following background:On 13.11.1987 around noon a bus driven by its driver with passengers inside capsized and a number of passengers sustained injuries. They filed claim petitions before the Motor Accidents Claims Tribunal (for short 'the Claims Tribunal') against one Divakara Menon who was then the registered owner of the said bus and also against the driver as well as the insurer. But the said Divakara Menon died before he could file his objections. However, his legal representatives who were impleaded filed objections and then contended that ownership of the bus was transferred by Divakara Menon even before the accide...
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