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Kerala Court September 1995 Judgments

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Sep 13 1995

V.R. Thirumalaiswamy Gounder and ors. Vs. Chief Conservator of Forests ...

Court: Kerala

Decided on: Sep-13-1995

Reported in: AIR1996Ker213

Balasubramanyan, J.1. The petitioner was a parter of a firm. He died subsequently and two of his sons came forward to get themselves impleaded. They submitted that in addition to being his sons they were also partners of the firm. They were impleaded. They seek to challenge the order Ext. P6 passed by the Secretary (Agriculture and Forest) Government of Kerala rejectingtheir claim for execution of a lease in their favour on the ground that the lease in question is one hit by the Forest (Conservation) Act, 1980, Act 69 of 1980 and since the conditions of that Act were not satisfied the Government Order Ext. P1 earlier passed, could not be complied with or implemented.2. The firm had a lease in respect of certain lands. While in possession of those lands, the partners of the firm seem to have encroached upon adjacent forest lands. The extent encroached upon was 250.39 acres. The forest department resumed an area of 142.39 acres of land during the year 1976. The balance portion remained w...


Sep 13 1995

Joy Vs. Shilly

Court: Kerala

Decided on: Sep-13-1995

Reported in: I(1996)DMC200

P.V. Narayanan Nambiar, J.1. Husband is the petitioner. He seeks a declaration that the marriage between him and the respondent is null and void on the ground that the respondent was impotent at the time of marriage and at the time of institution of the proceedings; that the respondent was a lunatic at the time of marriage and consent of the petitioner for the marriage was obtained by fraud.2. Parties to the marriage are Christians governed by the Indian Divorce Act, 1869 (for short 'the Act')- The marriage was celebrated on 26.12.1988 at St. Sebastian's Catholic Church, Kottappady. It is alleged in the Original Petition that a representation was made by the respondent and her parents that she (the respondent) was having physical and mental health and she has passed the Pre- degree examination. It is believing this representation that the petitioner consented to the marriage with the respondent. At the time of marriage and immediately thereafter, respondent has shown serious symptoms o...


Sep 12 1995

State of Kerala Vs. Rajayyan and ors.

Court: Kerala

Decided on: Sep-12-1995

Reported in: 1995(1)ALT(Cri)46; 1996(1)ALT(Cri)127; 1996CriLJ145

K.P. Balanarayana Marar, J.1. Appeal against acquittal. State is the appellant.2. Respondents were charged by C.I. of Police. Thampanoor for offences punishable under Sections 363 and 366A read with Section 34, I.P.C. The prosecution case is that the accused in furtherance of their common intention kidnapped P.W. 3, a minor girl aged 17 years and 10 months. She was taken in a taxi driven by P.W. 6. The 1st accused is alleged to have enticed P.W. 3 and she was forcibly taken in the taxi with the object of engaging in sexual intercourse with her. Accused 2 to 4 are alleged to have aided the 1st accused in the commission of the offence.3. The Court below after trial found the accused not guilty of the offences charged against them and in consequence acquitted them. Hence this appeal by the State after obtaining leave.4. Heard Public Prosecutor and counsel for respondents.5. The Court below acquitted the accused holding that there was no threat or inducement on the part of the accused and ...


Sep 11 1995

Commissioner of Income-tax Vs. P.M.S. (Agencies)

Court: Kerala

Decided on: Sep-11-1995

Reported in: [1996]219ITR16(Ker)

K.K. Usha, J.1. These references are at the instance of the Commissioner of Income-tax, Trivandrum. They arise out of income-tax assessments for the assessment years 1980-81 and 1981-82. The assessee is a firm constituted by a deed of partnership dated November 1, 1973, with nine partners. The firm was granted registration till the assessment year 1979-80. But for the assessment years 1980-81 and 1981-82, the Income-tax Officer refused to continue registration on the ground that the partnership deed did not specify the share of losses to be borne by each partner and it contained only provisions relating to the share of profit. The Income-tax Officer took the above view in the light of the decisions of this court in C.T. Palu and Sons v. CIT : [1969]72ITR641(Ker) ; CIT v. Ithappiri and George[1973] 88 ITR 332 ; United Hardwares v. CIT : [1974]96ITR348(Ker) and CIT v. Best Automobiles : [1979]117ITR877(Ker) . On appeal by the assessee, the Commissioner of Income-tax (Appeals) took the vi...


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