Kerala Court March 1997 Judgments
Thomas P.T. Vs. Chandran A.
Court: Kerala
Decided on: Mar-17-1997
Reported in: (1998)ILLJ95Ker
K.A. Abdul Gafoor, J.1. An employer came to this Court with this Original Petition challenging Ext. P7 order passed by the authority under the Kerala Payment of Subsistence Allowance Act, 1972 directing payment of subsistence allowance to the 1st respondent. He also sought for a declaration that Rule 5 of the Kerala Payment of Subsistence Allowance Rules, 1972 is Section 4 of the Kerala Payment of Subsistence Allowance Act, 19722. Petitioner is no more and subsequently, his legal heirs have sought impleadment as perC.M.P. No. 8204/95. I am separately allowingthat C.M.P. today. Petitioner submits that Ext.P7 is violative of principles of natural justice, inso far as the Deputy Labour Commissioner empowered as authority under the Subsistence Allowance Act to exercise the powers of theGovernment under Section 4 of the said Act, didnot give him an opportunity. Therefore, it isviolative of the principles of natural justice. Hesubmits that, as the order is passed by thatauthority, that autho...
Tag this Judgment!T. Sathyapalan Vs. State of Kerala and ors.
Court: Kerala
Decided on: Mar-17-1997
Reported in: [2001]121STC442(Ker)
P. Shanmugam, J.1. All these original petitions are filed challenging Sub-section (7B) of Section 7 of the Kerala General Sales Tax Act, 1963. The present Sub-section (7B) was substituted by the Kerala Finance Act, 1994 with effect from April 1, 1994 which is as follows :'(7B) Every awarder shall deduct tax at the rate of two per cent in respect of civil contracts and five per cent in respect of other contracts from the payments made by him to any contractor liable to tax under Section 5, at every time, including advance payments, and remit it to the Government within seven days from the date of such deduction in the prescribed manner.'As per the provision then stood, in the case of works contract, every awarder shall deduct tax due under Clause (iv) of Sub-section (1) of Section 5, from the payment by the awarder at every time including the advance payment and remitted to the Government. Clause (iv) of Sub-section (1) of Section 5 states that in the case of transfer of goods involved ...
Tag this Judgment!The Industrial Credit and Investment Corporation of India Limited and ...
Court: Kerala
Decided on: Mar-14-1997
Reported in: AIR1997Ker273; [1998]91CompCas625(Ker)
ORDERK.A. Abdul Gafoor, J. 1. M.C.A. No. 12/91 was filed by M/s. Industrial Credit and Investment Corporation of India (I.C.I.C.I.) seeking leave to continue Suit No. 549 of 1989 on the file of the Bombay High Court instituted by it on 17-2-89, far earlier than winding up of this company. This company was ordered to be wound up only on 22- 8-90. An order was passed to withdraw the suit to this Court and also this Court permitted the applicant to continue the suit outside the winding up. Another order was also passed in Report No. 2 and in M.C.A. No. 12/91 directing M/s. I.CI.C.I. and M/s. State Bank of Travancore to pay to the Official Liquidator to meet the initial expenditure for winding up. These orders were taken up before the Supreme Court in S. L. P. (Civil) No. 10101/ 91 and 11055/92. These petitions were heard and decided by the Supreme Court as per judgment reported in I.C.I.C.I. v. Srinivas Agencies, (1996) 4 SCC 165. The Supreme Court left the matter to the Company Court to ...
Tag this Judgment!Regl. Director, Esi Corpn. Vs. Kerala Wheat Flour Roller Mill
Court: Kerala
Decided on: Mar-14-1997
Reported in: (1997)IILLJ839Ker
Mohammed, J.1. This is an appeal filed under Section 82 of the Employees' State Insurance Act, 1948 (for short 'the Act'). The appellant is the Regional : Director, E.S.I. Corporation, Trichur who challenges an order passed by the Employees' Insurance Court, Calicut (Industrial Tribunal, Calicut) under Section 75 of the Act. The respondent is the 'establishment' to which the provisions of the Act applies.2. The E.S.I. Inspector conducted an inspection of the above establishment on March 14, 1984 and made a report that the respondent had paid a sum of Rs 28,682.33 as wages for the construction of the office building through a contractor. According to the Inspector, the said amount paid to the employees through the contractor is 'wages' coming within the meaning of Section 2(22) of the Act and hence the respondent is bound to pay the contribution in respect of it. Accordingly, the Inspector made a demand calling upon the respondent to pay a sum of Rs. 2,007.75 as contribution for the per...
Tag this Judgment!Regional Director, E.S.i. Corporation Vs. P.P. Thomas and ors.
Court: Kerala
Decided on: Mar-14-1997
Reported in: (1997)IILLJ139Ker
Sivarajan, J.1. Both these appeals are filed by the Regional Director, E.S.I. Corporation, Trichur against the common judgment of the Employees' Insurance Court, Alleppey in I.C.Nos. 66 of 1986 and 71 of 1986. The respondents -applicants in both the cases- are different. But, since in both these cases a common question is involved both these cases were heard together and disposed of by the Insurance Court by a common judgment. 2. Respondents 1 and 2 in the appeal . M.F.A.No. 575 of 1987 who are the applicants in I.C. No. 66 of 1986 are two of the employees of the third respondent - Madura Coats Lim- ited. Koratty. The respondent in M.F.A.No. 584 of 1987 is the applicant in I.C.No. 71 of 1986 who is the employer. The issue involved in these cases is as to whether the method of calculation of notional wages of piece-rated workers in a month by dividing the total wages thus received in a particular wage period by the number of days worked and then multiplying that average daily wages by 2...
Tag this Judgment!Rajan Vs. Sukumaran
Court: Kerala
Decided on: Mar-14-1997
Reported in: 1997ACJ778
K.A. Mohamed Shafi, J.1. The award dated 24.7.1987 and the order dated 25.2.1988 in LA. No. 592 of 1987 in O.P. (MV) No. 516 of 1982 passed by the Motor Accidents Claims Tribunal, Trivandrum are challenged by the claimant in this appeal. The claimant-appellant claimed a total compensation of Rs. 1,25,000/- for the personal injuries sustained by him alleging that while he was riding his bicycle from west to east through the Trivandrum-Kattakada road on 9.3.1981 the taxi bearing No. KLV 2991 owned by the respondent No. 1 and driven by the respondent No. 3 in a rash and negligent manner from the opposite direction hit against his bicycle, knocked him down and caused serious injuries.2. The Tribunal after enquiry, by the award dated 24.7.1987 allowed a compensation of Rs. 81,800/- with interest at 9 per cent per annum from 29.7.1982 against the respondent Nos. 1 and 3 and directed the respondent No. 2 insurer to pay the amount within two months from the date of award and allowed interest a...
Tag this Judgment!New India Assurance Co. Ltd. Vs. N.M. Annakutty and ors.
Court: Kerala
Decided on: Mar-13-1997
Reported in: 1997ACJ1121
V.V. Kamat, J.1. The insurance company, (respondent No. 3) has preferred M.F.A. No. 211 of 1989 with regard to the statutory limit of Rs. 50,000/- and the claimants who are widow and two sons respectively of the victim one K.D. George have preferred M.F.A. No. 424 of 1989 as regards the quantum, both with regard to the impugned award dated 4.7.1987 in O.P. (MV) No. 568 of 1985 of Motor Accidents Claims Tribunal, Kottayam.2. The facts would not present any difficulty as they speak for themselves pointing towards negligence.3. On 28.11.1983 this K.D. George, a teacher in Physical Education was on his scooter on Palai-Thodupuzha road and at a place known as Kollappally in the evening at 5 p.m. was dashed by a bus KLI 4074. This bus was driven by one James, respondent No. 1 and was owned by one Baby John, respondent No. 2 and was insured with the New India Assurance Co. Ltd. In the process, this George aged 45 years breathed his last on 30.11.1983 at about 1.30 a.m. in the Medical College ...
Tag this Judgment!Commercial Corporation of India Private Ltd., Manipal Vs. State of Ker ...
Court: Kerala
Decided on: Mar-12-1997
Reported in: AIR1997Ker281
ORDERJ.B. Koshy, J.1. Government of Kerala by Ext. P1, G.O. (Ms) No. 4/90/TD. dated 6-1 -1990, banned sale of all lottery tickets in the State of Kerala which are not directly conducted by the State or authorised by the State or by the Administration of a Union Territory or by the Government of India. According to the above notification, violation of the same shall entail punishment under Section 294A of the Indian Penal Code. After the pronouncement of the order of the Supreme Court in State of Haryana v. Suman Enterprises (1994) 4 SCC 217, Government issued G.O. (Ms) No. 160/94/TD. dated 12-12-1994. It was very specifically mentioned that only state organised lottery tickets will be allowed for sale in Kerala. It was further stated that lottery tickets of the Government of Maharashtra, Tamil Nadu, West Bengal, Uttar Pradesh and Karnalaka which satisfy the basic and essential concomitants of lottery organised by a State as laid down by the Supreme Court will be permitted for sale with...
Tag this Judgment!Aspinwall and Co. Travancore Ltd. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Mar-12-1997
Reported in: [1998]230ITR587(Ker)
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, in I. T. A. No. 66 (Coch) of 1993. The relevant assessment year is 1981-82. The following is the question referred for the opinion of this court :'Whether, on the facts and in the circumstances of the case, was the Tribunal right in law and in facts in holding that the amount of notional interest brought to tax by the Assessing Officer in the previous years which could not be realised in any of the subsequent years, could not be deducted in the computation of income of the appellant ?'2. The assessee, a public limited company, is engaged in the business of manufacture and sale of coir. It had advanced a loan of Rs. 1 lakh to a sister concern, Mambad Rubber and Produce Company Ltd., some years back. The loan was outstanding. The assessee did not include interest on such loan though it was following the mercantile system of accounting. The assessee's previ...
Tag this Judgment!Indian Express Employees Union Vs. Indian Express (Madurai) Ltd. and a ...
Court: Kerala
Decided on: Mar-11-1997
Reported in: (1999)ILLJ490Ker
K.A. Abdul Gafoor, J.1. The petitioner, a registered union of the workmen under the first respondent company has approached this Court challenging Ext. P-5 and seeking a declaration that the Standing Order No. 16 of the 1st respondent, certified on June 23, 1978, concerning transfer is null and void. The certified Standing Orders contained a condition of service on transfer when it was certified on June 23,1978. The petitioner submitted Ext. P-1 application for modification of that Standing Order deleting clause No. 16 which provides that 'A workman is liable to be transferred inter-departmentally or to any of the offices or branches or subsidiary concerns managed by the company'. After considering Ext. P-2 objections and Ext. P-3 amendment to the Industrial Employment (Standing Orders) Central Rule s, by Ext. P-5 the second respondent declined modification. The second respondent declined to modify it on the grounds that the certified Standing Orders had been followed since 1978 withou...
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