Kerala Court March 1997 Judgments
Nherapoyil N.P. Moideen Vs. K. Narayanan Nair
Court: Kerala
Decided on: Mar-31-1997
Reported in: AIR1997Ker318
T. Ramachandran, J.1. This appeal arises from the judgment and decree of the Sub Court, Quilandy in O.S. No. 55/91.2. The appellant was the defendant in O.S. No. 55/91 before the Sub Court of Quilandy. The respondent herein by name Narayanan Nair filed the suit for realisation of the amount due under an equitable mortgage. The facts are that the defendant borrowed Rs. 1,50,000/- from the plaintiff and on 6-6-1988 the defendant executed a pronote in favour of the plaintiff for that amount with interest. An equitable mortgage deed was also executed by depositing title deeds regarding the plaint schedule properties belonging to the defendant. The period fixed for repayment of the loan was 11 months. There was a stipulation in the mortgage deed to take possession of the plaint schedule properties by the plaintiff in case of default of repayment of the amount. After adjusting the payments made, the balance amount due was Rs. 71,400/- with interest. When that amount was demanded a cheque for...
Tag this Judgment!Sajida Book Shop Vs. Kaumudi Exporters (P) Ltd. and ors.
Court: Kerala
Decided on: Mar-24-1997
Reported in: AIR1997Ker285; [1999]96CompCas544(Ker)
ORDERK.A. Abdul Gafoor, J. 1. The petitioner in the Company Petition has come up with this application under Sections 542 and 543(1) of the Companies Act seeking an order that respondents 2 to 8 shall jointly and severally contribute the assets of the 1st respondent-company in liquidation and pay the Official Liquidator all the sums that they are liable to contribute together with interest. The applicant alleges that respondents 2 onwards as the former Managing Director and Directors of the 1st respondent-company in liquidation have misapplied the funds of the Company including the amount made as security in the Company during trade arrangement between the Companyand himself and thereby they have become liable to be proceeded against under Section 543 of the Companies Act. 2. Earlier the applicant filed C.P.45/89 alleging that 'the respondent-Company is indebted to him to the tune of Rs. 5,54,910/- (Rupees Five Lakhs fifty four thousand nine hundred and ten only) with 12% interest from...
Tag this Judgment!Walayar Motels Pvt. Ltd. and ors. Vs. State Bank of Travancore and anr ...
Court: Kerala
Decided on: Mar-24-1997
Reported in: [2001]103CompCas215(Ker)
P.K. Balasubramanyan, J. 1. This application for review is filed by the judgment-debtors. In execution of a decree for money involving more than Rs. 10 lakhs, the decree holder-bank sought for the appointment of a receiver for the first judgment-debtor undertaking. By order dated August 24, 1993, the executing court appointed a receiver. That order was challenged in the above revision, C. R. P. No. 1563 of 1993. Therein, the judgment-debtors moved C. M. P. No. 2512 of 1993 for a stay of the order of the court below appointing the receiver. After hearing counsel for the judgment-debtor and the decree holder-bank, this court passed an order onSeptember 3, 1993, granting the judgment-debtors an interim stay on condition that they made a payment of Rs. 5 lakhs within a period of seven days from the date of that order and a further amount of Rs. 5 lakhs within a period of one month from that order. This court also provided that in case any of those payments were defaulted, the interim stay ...
Tag this Judgment!The Kerala Agro-industries Corporation Limited Vs. U. Gopalakrishna Ku ...
Court: Kerala
Decided on: Mar-24-1997
Reported in: AIR1998Ker78
K. Narayana Kurup, J. 1. The defendant in a suit for declaration and consequential injunction is the appellant in this Second Appeal. The plaintiff purchased a pump-set from the defendant-Corporation on hire-purchase basis after executing an agreement on 25-3-1971. As per the terms of the hire-purchase agreement the plaintiff had to remit an amount of Rs. 2,131.70 in 10 equal half yearly instalments. When the plaintiff defaulted the payment of instalments, a final seizure notice was issued to him on 14-5-1974 and finally the pump-set was seized. After adjusting the proceeds of the sale towards the amount due to the defendant the hire-purchase agreement was terminated on 26-2-1983 and the plaintiff was called upon to remit the balance amount of Rs. 2,756.30 with interest at the rate of 10% per annum from 13-4-1976. When a demand was made by the defendant for the balance amount due to it, the plaintiff instituted the instant suit for a declaration and consequential injunction.2. The defi...
Tag this Judgment!Union of India (Uoi) Vs. Aleykutty Devasia and ors.
Court: Kerala
Decided on: Mar-19-1997
Reported in: I(1998)ACC124; 1998ACJ1195; AIR1997Ker321
Balakrishnan, J.1. This is an appeal preferred by the Union of India against the award passed by the Railway Claims Tribunal, Ernakulam Bench in O.A. 3/96. The respondents are the legal heirs of one Celinamma. Celinamma was employed in Bombay. She was a native of Manimalain Kottayam District and on 22-12-94 she Boarded Jayanthi Janata Express from Bombay for her onward journey to Kottayam. She occupied berth No. 70 in coach No. S. B. One Remol K. John was her co-passenger. In the early morning the train reached Ernakulam. When the train left the station Celinamma had gone to toilet and later her dead body was found in the toilet. A criminal case was registered against one Melvin Paduva alleging that he strangulated Celinamma to death. Crime No. 29/94 was registered and Melvin Paduva was tried for causing death of Celinamma. He was found guilty by the Sessions Court. The present respondents filed claim petition before the Tribunal and the appellant herein contended that the incident did...
Tag this Judgment!Commissioner of Income-tax Vs. Kerala State Co-operative Marketing Fed ...
Court: Kerala
Decided on: Mar-19-1997
Reported in: [1998]234ITR301(Ker)
K.K. Usha, J. 1. This reference at the instance of the Revenue is from the order of the Income-tax Appellate Tribunal, Cochin Bench, in I.T. A. No. 555 (Coch.) of 1985. The assessment year is 1981-82. Following are the questions referred for the opinion of this court ; '1. Whether, on the facts and in the circumstances of the case, the interest received from other co-operative societies on the credit sales to those societies is covered by Section 80P(2)(a)(i) and is entitled to be deducted 2. Whether, on the facts and in the circumstances of the case, the tax paid after the close of the accounting period of the assessee should be regarded as in the nature of advance tax paid ?' 2. The assessee, a co-operative society, claimed exemption for the year ending June 30, 1980, relevant to the assessment year 1981-82 on interest earned by it on the credit sales made to co-operative societies under Section 80P(2)(a)(i) of the Income-tax Act. The exemption was denied by the assessing authority ...
Tag this Judgment!Electrical and Hardware Industries Vs. Union of India (Uoi)
Court: Kerala
Decided on: Mar-19-1997
Reported in: 1997(95)ELT27(Ker)
P. Shanmugam, J.1. Petitioners are small scale undertakings engaged in fabrication of various Line Materials such as cross arms, etc. They have challenged Ext. P3 order of the Assistant Commissioner informing the petitioners [that] they must clear the goods only after observing Central Excise formalities as per the Central Excise Act and Rules and, therefore, goods shall not be cleared on execution of bond.2. The case of the petitioners is that their factory premises as well as the residence of the partners of the units were inspected on 31-10-1996 by the Central Excise Department staff headed by the Superintendent of Central Excise. The factory once again was inspected on 1-11-1996 and after ascertaining the total quantity of cross arms that were lying in stock, issued a detention orders in respect of the same and directed the petitioners not to remove, part with or otherwise deal with the detained goods without prior permission from the Department. Thereafter, the petitioner approach...
Tag this Judgment!Commissioner of Income Tax Vs. Kerala State Co-operative Marketing Fed ...
Court: Kerala
Decided on: Mar-19-1997
Reported in: (1998)145CTR(Ker)320
SMT. K. K. USHA, J. :Reference at the instance of the Revenue is from the order of the Tribunal, Cochin Bench in ITA No. 555/Coch/1985. Assessment year is 1981-82. Following are the questions referred for opinion of this Court :'1. Whether, on the facts and in the circumstances of the case, the interest received from other co-operative societies on the credit sales to those societies is covered by s. 80P(2)(a)(i) and is entitled to be deducted ?2. Whether, on the facts and in the circumstances of the case, the tax paid after the close of the accounting period of the assessee should be regarded as in the nature of advance tax paid ?'2. Assessee, a co-operative society, claimed exemption for the year ending 30th June, 1980 relevant to the asst. yr. 1981-82 on interest earned by it on the credit sales made to co-operative societies under s. 80P(2)(a)(i) of the IT Act. Exemption was denied by the assessing authority on the ground that such exemption would be available only in the case of c...
Tag this Judgment!Commissioner of Agricultural Income-tax Vs. Kappumalai Estate
Court: Kerala
Decided on: Mar-18-1997
Reported in: (1998)148CTR(Ker)565; [1998]234ITR187(Ker)
K.K. Usha, J.1. The reference is at the instance of the Revenue, the assessments years are 1979-80 and 1980-81. The question referred for the opinion of this court is as follows :'Whether, on the facts and in the circumstances of the case, the assessments for the years 1979-80 and 1980-81 were completed within the period prescribed under Sub-section (2) of Section 35 of the Agricultural Income-tax Act ?'2. Section 35(2) provides that no order of assessment under Section 18 or of assessment or reassessment under Sub-section (1) of Section 35 shall be made after the expiry of five years from the end of the year from which the agricultural income was first assessable. For the year 1979-80, it is seen that the assessment order is dated March 13, 1985, it was despatched on April 22, 1985, and received by the assessee on April 26, 1985. The assessment order for the year 1980-81 was dated March 24, 1986, was despatched on December 2, 1986, and was received by the assessee on December 5, 1986....
Tag this Judgment!New Ambadi Estates Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Mar-18-1997
Reported in: [1997]228ITR141(Ker)
MRS. K.K. Usha, J.1. A reference at the instance of the assessee arises from the order of the Income-tax Appellate Tribunal, Cochin Bench, is I. T. A. No. 768/Coch. of 1982. The assessment year is 1978-79. The following question is referred for the opinion of this court :' Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the share income from Kadamane Estate Company, for the year ended on March 31, 1978, was includible in the assessment of the applicant for the assessment year 1978-79 though the previous year of the firm ended on March 31, 1978, and that of the applicant ended on December 31, 1977, instead of the share income from Kadamane Estate Company, for the year ended March 31, 1977 ?'2. The assessee is a private limited company which is a partner in a registered firm, Kadamane Estates Co. The partnership which owns tea plantations closed its accounts on March 31, each year. The previous year followed by the asses see-company for ...
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