Kerala Court November 1997 Judgments
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United India Insurance Company Ltd. Vs. Jaimy
Court: Kerala
Decided on: Nov-12-1997
Reported in: II(1998)ACC201
V.V. Kamat, J.1. This appeal by the Insurance Company came up before us after its admission to consider the application for stay in the shape of C.M.P. 1163 of 1997. Hearing the learned Counsel we decided to hear the appeal on merits. This was in view of determination as to whether the appellant-Insurance Company can avoid liability on the ground as pleaded that there is no valid driving licence. We considered the factual matrix also with the help of the record and proceedings before us.2. The learned Counsel for the appellant, we would like to record has shown her forensic ability and competence not only in regard to placing before us all necessary details of the factual matrix, but the learned Counsel has taken pains to place before us all the relevant decisions, both of this Court as well as of the Apex Court in the context. We consider that we would fail in ourduty not to acknowledge and appreciate the labours of the Counsel Mrs. PA. Raziya. This is more so when the learned Counsel...
Chumar Vs. Alima and ors.
Court: Kerala
Decided on: Nov-12-1997
Reported in: AIR1998Ker139
Ramakrishnan, J. 1. Appellant is the decree holder in OS 32 of 1981 on the file of the Additional Sub Court, Parur. The appeal is against an order allowing a claim application, EA 750 of 1986, filed by the first respondent in the appeal. Respondents 2 and 3 are the judgment-debtors in the suit and counter petitioners 2 and 3 in EA 750 of 1986. The first respondent-claimant in EA 750 of 1986, is the wife of the second respondent and mother of the third respondent. 2. The suit, OS 32 of 1981, was one filed by the appellant for recovery of amounts due to him with interest from respondents 2 and 3 based upon a transaction of loan dated 16-1-1978. The suit was decreed as prayed for on 20-10-1982. Appellant has filed EP 203 of 1985 on 23-9-1985 to execute the decree. In the Execution Petition, the property in question was attached on 1-10-1985 and the attachment was actually effected on 26-11-1985. The claim application disposed of by the impugned order was filed on 11-11-1986 claiming that ...
Food Inspector Vs. James N.T. and anr.
Court: Kerala
Decided on: Nov-10-1997
Reported in: 1998(1)ALT(Cri)221; 1998CriLJ3494
K.A. Mohamed Shafi, J.1. The complainant-Food Inspector has preferred this appeal challenging the judgment of the Chief Judicial Magistrate, Thodupuzha dated 28-2-1994 in C.C. No. 57/ 1989 acquitting the accused.2. Two accused persons, father and son were prosecuted for the offences punishable under Sections 2 (ia) (a), (f), (m) and 7(i) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and Rule 5 appendix B, A. 18.06 of the Prevention of Food Adulteration Rules alleging that at 10.40 a.m. on 13-2-1987 they being the licensee and salesman of the shop conducted in door No. 17/3 of Kumaramangalam Panchayath exhibited for sale insect infested peas dhal unfit for human consumption and as such they committed the offences alleged against them.3. That complaint preferred by the Food Inspector, Thodupuzha Circle, Idukki district was taken on file by the Court as C.C. 57/89 and proceeded with the trial of the case as in a warrant case instituted otherwise than on a police...
Mani Joseph Vs. State of Kerala
Court: Kerala
Decided on: Nov-05-1997
Reported in: [1998]230ITR843(Ker)
P.A. Mohammed, J.1. This batch of tax revision cases arise from a common order of the Kerala Agricultural Income-tax Appellate Tribunal, Additional Bench, Kottayam, dated November 23, 1995, in A. I. T. A. Nos. 140 to 143 of 1995.2. The common appellant before us was an assessee under the provisions of the Kerala Agricultural Income-tax Act, 1950 (hereinafter referred to as 'the Act'). The Agricultural Income-tax Officer has issued notices proposing to impose penalty under Section 20 of the Act against the assessee for the years 1986-87 to 1989-90 alleging that he had wilfully concealed income from an extent of 6.02 acres of agricultural lands in his possession for the aforesaid years. The officer pointed out that though the assessee had returned income from 6.02 acres of land for the assessment year 1990-91, he had not disclosed the said extent and income therefrom in his returns relating to the previous years, that is to say, 1986-87 to 1989-90. The said proposal was objected to by th...
Genlite (P) Ltd. Vs. Additional Sales Tax Officer and anr.
Court: Kerala
Decided on: Nov-05-1997
Reported in: [2003]133STC422(Ker)
G. Sivarajan, J.1. The petitioner, is a dealer in diesel generator sets and an assessee on the files of the first respondent. According to the petitioner, diesel generator sets falls under item No. 77 of the First Schedule of the Kerala General Sales Tax Act, 1963 taxable at ten per cent. It is stated that the Government have issued various notifications under Section 10 of the Act reducing the rate of tax on diesel generator sets from ten per cent to one per cent. The petitioner has produced the last of such notification as exhibit P1. Claiming benefit under such notification the petitioner filed monthly returns for the months of November and December, 1996 and also for February, 1997 and the tax due one per cent was also remitted. The assessing authority thereafter issued form 14D notice demanding the tax at ten per cent as per exhibits P5, P6 and P7 demand notices. The petitioner challenges the said demand notices.2. A statement is filed on behalf of the first respondent. It is stat...
Tony Antony and Etc. Etc. Vs. Director General of Police (Crimes) and ... Overruled
Court: Kerala
Decided on: Nov-04-1997
Reported in: 1998(2)ALT(Cri)241; 1998CriLJ321
B.N. Patnaik, J.1. Common questions of law and fact arise in all these Original Petitions. Hence they were heard together and this common judgment is being delivered in all the five cases.2. Petitioners are the accused persons in Crime No. 5/96 of Vanitha Police Station, Ernakulam (Crime No. 192/CR/96 of the CBCID). In the said crime case, a special term of police is investigating into the allegations of offences under Sections 366A, 372, 376 and 344 read with Section 34, I.P.C. against the petitioners and some 55 others. All the petitioners contended that no case has been made out and prayed that the criminal proceedings against them may be quashed.3. At first, all these Original Petitions came up before a learned single Judge for hearing. By order dated 9th April, 1977, the learned single Judge observed that these cases should be heard by a Division Bench of this Court to have an authoritative decision on a legal question regarding the power of the High Court under Article 226 of the...
State of Kerala and ors. Vs. the Kannan Devan Hills Produce Co. Ltd., ...
Court: Kerala
Decided on: Nov-04-1997
Reported in: AIR1998Ker267
Usha, J.1. The genesis of this case is in the early history of plantations in the former princely State of Travancore.'The first clearing for coffee in Travancore was made by Mr. D. Munro in the Hope Estate in 1862. It was followed immediately by General Stevenson on Woodlands, by Rolent Backer on Stag Brooke and by F.G. Richardson on Twyford. These were the pioneers of coffee planting in Travancore.'(See Travencore State Manual by T.K. Velu Pillai, 1996 Edition, Volume III, page 370).The issue involved in this appeal relates to the claim of the State for seigniorage or 'Kuttikanam' in respect of trees planted by the plaintiff -- a successor in interest of the original grantee, J.D. Munro -- in its tea and coffee estates.2. State of Kerala, Chief Conservator of Forests and the Divisional Forest Officer, Munnar Division, Devicolam who were defendants 1 to 3 in O.S. 40/73 before the Sub Court, Kottayam, are the appellants. Suit was filed by the respondent herein seeking a decree to recov...
Benz Corporation Vs. Income-tax Officer and ors.
Court: Kerala
Decided on: Nov-03-1997
Reported in: [1998]232ITR807(Ker)
G. Sivarajan, J. 1. The petitioner, who was an assessee to income-tax on the files of the first-respondent, made an application to him for transfer of the said files to Delhi, where the petitioner's administrative office also was transferred. It is stated that since no reply was received from the first respondent, the petitioner filed returns before the Assistant Commissioner of Income-tax, Circle 10(1), New Delhi, and the assessment for the year 1990-91 has been completed by him evidenced by exhibit P-2. It is stated that, while the matter stood thus, the second respondent issued exhibit P-3 communication stating that the assessment files of the petitioner has been transferred from the first-respondent to the second respondent. Within one month thereafter, the petitioner received a communication exhibit P-4 from the fourth respondent, the Chief Commissioner of Income-tax, Kochin, stating that he proposes to transfer the petitioner's assessment files from the first respondent to the th...
Vinod Krishnan Vs. Missionaries of Charity
Court: Kerala
Decided on: Nov-03-1997
Reported in: I(1998)DMC266
V.V. Kamat, J.1. The petitioner by O.P. 150/97 approached the Family Court, Ernakulam with a prayer that he may be granted permission to adopt the minor child Divya under Section 9(4) of the Hindu Adoptions and Maintenance Act, 1956.2. Relevant facts pleaded in support of the above prayer would show that the petitioner Mr. Vinod Krishnan was aged 34 years and was residing at 'Kavitha'. Menathumukku Olai, Thevalli P.O., Kollam District. He is married to Mrs. Lekha V. Krishnan, aged 29 years. It is then averred that they are Hindu Nairs and . therefore, governed by the provisions of the Hindu Adoptions and Maintenance Act, 1956. By the petition they expressed a desire of taking the child Divya in adoption.3. Respondents to this petition are Missionaries of Charity represented by its Rev. Sister Superior in the proceedings. It is then averred that the minor Divya born on 7.12.1994 was then aged 2 years who was abandoned and relinquished and in possession of the respondent-Missionary Insti...
Benz Corporation Vs. Income Tax Officer and ors.
Court: Kerala
Decided on: Nov-03-1997
Reported in: (1998)146CTR(Ker)164
G. SIVARAJAN, J. :The petitioner, who was an assessee to income-tax on the files of the 1st respondent, made an application to him for transfer of the said files to Delhi, where the petitioners administrative office also was transferred. It is stated that, since no reply was received from the 1st respondent, the petitioner filed return before the Asstt. CIT, Circle 10(1), New Delhi, and the assessment for the year 1990-91 has been completed by him evidenced by Ext. P2. It is stated that, while the matter stood thus, the 2nd respondent issued Ext. P3 communication stating that the assessment files of the petitioner has been transferred from the 1st respondent to the 2nd respondent. Within one month thereafter, the petitioner received a communication Ext. P. 4 from the 4th respondent, Chief CIT, Kochi, stating that he proposes to transfer the petitioners assessment files from the 1st respondent to the 3rd respondent for administrative convenience and called for the petitioners objection,...
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