Kerala Court September 1995 Judgments
P.K. Narayanan Vs. Commissioner of Income-tax and anr.
Court: Kerala
Decided on: Sep-29-1995
Reported in: [1996]219ITR33(Ker)
P.V. Narayanan nambiar , J. 1. These cases came before the Division Bench on the basis of a reference made by one of us (Thulasidas J.) doubting the correctness of the decision reported in Premier Breweries v. Dy. CIT : [1994]207ITR871(Ker) and for an authoritative pronouncement on the subject. 2. These applications are filed under Section 482 of the Code of Criminal Procedure for quashing the criminal complaints filed by the second respondent alleging that the common petitioner has committed an offence punishable under Sections 276C(1)(i) and 277(1) of the Income-tax Act, 1961. Copy of the complaint is produced as annexure 'A' to these petitions. 3. The complaint is filed by the second respondent alleging that the accused, who is the petitioner herein, filed the income-tax returns without disclosing his correct income. In other words, there is suppression of the income of the petitioner and the returns filed do not show his real income. According to the prosecution, the income from va...
Tag this Judgment!M. Thanga Dorai Vs. the Chancellor, University of Kerala, Trivandrum a ...
Court: Kerala
Decided on: Sep-28-1995
Reported in: AIR1996Ker55
ORDERK. Sreedharan, J.1. The issues raised in these original petitions relate to the constitution of Senate of the Kerala University which is the electoral college for election to the Syndicate of the University. Therefore I consider it advantageous to have these original petitions disposed of by a common judgment.2. The Senate of the Kerala University shall consist of Ex-Officio members, members to be nominated by the Chancellor, elected members, life members and other members as provided in Section17 of the Kerala University Act. Among the Ex-Officio members, seven Heads of University Departments who are not otherwise members of the Senate are to be nominated by the Chancellor in the order of seniority by rotation. Similarly from among the Deans of the various Faculties of the University, four who are not otherwise members of the Senate are to be nominated by the Chancellor in the order of seniority by rotation. Nomination of the Heads of Departments and four Deans of the Faculties a...
Tag this Judgment!P.V. Rithesh Vs. State of Kerala and ors.
Court: Kerala
Decided on: Sep-28-1995
Reported in: AIR1996Ker41
Shanmugam, J.1. The petitioner in the original petition is the appellant. The appellant, a candidate for admission to the Medical and Agricultural courses, sought for a direction to treat his application as one for payment seat. Learned Judge declined to grant the said relief and hence the appeal.2. Admittedly the appellant did not exercise his option for admission to the payment seats in the 4th respondent's college. It is also admitted that in the column in the application form to exercise the option for the payment seat the appellant did not indicate his option. After the publication of the results, on finding that the appellant was not selected, he submitted a petition to the 2nd respondent requesting that he may be considered for payment seat. According to the appellant, the petition has submitted in view of the decision of the Supreme Court revising the fees fixed for the payment category. Apprehending that he would not be considered for the payment category in spite of the subse...
Tag this Judgment!A. SainulabdIn and anr. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Sep-28-1995
Reported in: AIR1996Ker109
Shanmugam, J.1. Petitioners in the Original Petition are the appellants. The second appellant is the daughter of the first appellant. The second appellant was a candidate for the Medical Course. Since she had not produced the required income certificate in the prescribed form along with the application, she was not treated as a candidate eligible to be considered for the reserved quota. Learned Judge declined to interfere with her non-selection. Hence the appeal.2. It is an admitted case that the 2nd appellant while filing the application did not enclose the income certificate required for the purpose of claiming reservation. As a matter of fact, the income certificate form was kept blank. The contention of the appellant is that along with the application she had sent the salary certificate of her father, the 1st appellant issued by the Additional Sales Tax Officer and therefore, she ought to have been considered as eligible for reservation. The further contention is that by Ext. P7 le...
Tag this Judgment!Segu Lebbai Segu Alavudeen Ismath Saibu and ors. Vs. Union of India (U ...
Court: Kerala
Decided on: Sep-28-1995
Reported in: 1996CriLJ262
K.T. Thomas, Actg. C.J.1. Some gold biscuits were seized from the three persons who arrived at Thiruyananthapuram Air Port by Air Lanka Flight on 5-11-83. Collector of Customs initiated confiscation and penalty proceedings against those three persons under the provisions of the Customs Act, 1962 (for short 'the Act'). After considering the objections raised by the persons from whom gold biscuits were seized, the Collector of Customs ordered 'absolute confiscation' of the seized goods, besides imposing a penalty of Rs. 5,000/- each (vide Ext. P4 order). Appeal preferred by them was dismissed by the Appellate Authority (Ext. P6 order). They moved for revision before the Government of India, but that revision also was dismissed (Ext. P8 order). Thereafter they filed this Original Petition under Article 226 of the Constitution for quashing the above three orders. Learned single Judge, before whom the original petition came up, has referred this to a larger Bench.2. Petitioners raised mainl...
Tag this Judgment!Segu Lebbai Segu Alavudeen Ismathsaibu Vs. Union of India (Uoi)
Court: Kerala
Decided on: Sep-28-1995
Reported in: 1995LC380(Kerala); 1996(81)ELT197(Ker)
ORDERK.T. Thomas, Acg. C.J.1. Some gold biscuits were seized from the three persons who arrived at Thiruvananthapuram Air Port by Air Lanka Flight on 5-11-1983. Collector of Customs initiated confiscation and penalty proceedings against those three person under the provisions of the Customs Act, 1962 (for short 'the Act')- After considering the objections raised by the persons from whom gold biscuits were seized, the Collector of Customs ordered 'absolute confiscation' of the seized goods, besides imposing a penalty of Rs. 5,000/- each (vide Ext. P. 4 order). Appeal preferred by them was dismissed by the Appellate Authority (Ext. P. 6 Order). They moved for revision before the Government of India, but that revision also was dismissed (Ext. P 8 order).Thereafter they filed this Original Petition under Article 226 of the Constitution for quashing the above three orders. Learned Single Judge, before whom the Original Petition came up, has referred this to a larger bench.2. Petitioners rai...
Tag this Judgment!Rosa Chacko Vs. Kalloorkad Farmers Co-operative Bank Ltd. and ors.
Court: Kerala
Decided on: Sep-27-1995
Reported in: [1996]85CompCas652(Ker)
K.J. Joseph, J.1. The question that arises for consideration in this original petition is, whether a member of a co-operative society, who availed of a non-agricultural loan after executing a declaration creating a charge on all his properties, would be legally justified in preventing the sale officer from proceeding with the sale of his other properties without proceeding against the mortgaged property for realisation of the amount covered in the arbitration award In other words, whether, under Sections36 and 76 of the Kerala Co-operative Societies Act, 1969, read with Rules 51, 72, 74 and 75 of the Rules framed thereunder, the sale officer can legally proceed with the sale of other immovable properties of the defaulter first, without proceeding against the properties mortgaged for realising the amount covered in the arbitration award The answer is, yes, the sale officer can.2. The facts necessary for the disposal of the original petition are as follows : The petitioner applied for a ...
Tag this Judgment!K.A. Abdul Azeez Vs. State of Kerala and ors.
Court: Kerala
Decided on: Sep-27-1995
Reported in: 1996CriLJ316
ORDERN. Dhinakar, J.1. This revision is against the orders of the Asst. Sessions Judge, Kasaragod, allowing the prosecution to withdraw the sessions case No. 48 of 1990 under Section 321 Crl. P.C. The petition is filed by the victim, Charge Witness 2, in the case.2. The ease of the prosecution is, that, on 16-6-1989 at about 1.15 p.m. respondents 2 to 5 who are the accused in the above said sessions case, with the common intention of attacking and inflicting injuries on the petitioner wrongfully restrained him and inflicted indiscriminate stab injuries. The petitioner was immediately taken to the Government Hospital, Kasaragod, from where he was referred to Wenlock Hospital, Mangalore. The petitioner was actually taken to the Unity Health Complex, Mangalore, by his relatives and that the injury suffered by the petitioner on the left side of the chest was a serious one. An X-ray of the chest had shown that there were injuries to the lungs on account of which there was no breathing sound...
Tag this Judgment!C. Babu Vs. Jayakumar and ors.
Court: Kerala
Decided on: Sep-27-1995
Reported in: 1996CriLJ1021
K.T. Thomas, Ag. C.J.1. A question which has incidentally sprouted from this contempt proceeding is whether the application contemplated in Article 226(3) of the Constitution should necessarily be a numbered Civil Miscellaneous Petition. We have realised that further proceedings in this contempt matter would depend upon the answer to the above question.2. We shall presently state how the said question has surfaced to the fore in this case. A chauffeur in the Kerala Tourism Development Corporation (the petitioner now) has been counting the days ahead for the superannuation of his immediate senior (one Shri V.P. Kunhirama Kurup -who will be referred to hereinafter as Shri Kurup) so that the petitioner would gel promotion to the next grade (Head Chauffeur). The said exercise was founded on the hope that Shri Kurup would bow out of office on 30-4-95 on attainment of 55 years of age. But his hopes went awry as the Government passed an order extending the period of service of Shri. Kurup to ...
Tag this Judgment!N.S. Pradeep Vs. the State Transport Authority, Thiruvananthapuram and ...
Court: Kerala
Decided on: Sep-26-1995
Reported in: I(1996)ACC145; AIR1996Ker90
ORDERK.J. Joseph, J.1. The petitioner in this original petition challenge the validity of Ext. P 10 judgment passed by the fourth respondent, the State Transport Appellate Tribunal, Ernakulam in M.V.A.A. No. 492/95 and also the subsequent order passed by the said Tribunal, Ext. P 12 dated 27-6-95 passed on the application for review submitted by the petitioner herein seeking for a review of Ext. P 10 judgment.2. The facts necessary for disposal of the O.P. are as follows: The petitioner filed anapplication for grant of an inter-State route. The third respondent also has filed another application for same inter-State route. Both these applications along with the third respondent's application were considered by the Karnataka State Transport Authority and granted the same as per Ext. P1 resolution subject to counter-signature by the Kerala State Transport Authority. The Kerala State Transport Authority rejected the request of the petitioner for a counter-signature as per Ext. P3 order da...
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