Kerala Court June 1997 Judgments
P.K. Kunjamma Vs. Tax Recovery Officer
Court: Kerala
Decided on: Jun-05-1997
Reported in: [1997]227ITR852(Ker)
P.A. Mohammed, J.1. The writ petitioner who is the owner of 42 cents of land comprised in Sy. No. 408/9A of Connannur village attached by the Tax Recovery Officer in realisation of the alleged arrears of income-tax challenges exhibits P-6 and P-9. Exhibit P-6 is a copy of the letter issued by the village officer on behalf of the Tax Recovery Officer stating thatthe attached property shall not be transferred or dealt with otherwise. By exhibit P-9 the respondent sent a letter to K.L. Mathew, the husband of the petitioner, stating that he is proposing to sell the above attached property in realisation of arrears of income-tax due from him for the year 1974-75. It appears, in realisation of the amount due from K.L. Mathew, the petitioner's property has been attached. When attachment proceedings were taken in respect of the above property, exhibit P-7 petition was filed before the respondent stating that the property attached belongs to her exclusively and that it does not belong to her hu...
Tag this Judgment!M. Basheer Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jun-04-1997
Reported in: AIR1998Ker76
ORDERP.A. Mohammed, J.1. This writ petition has been filed praying to quash Ext. P2 demand notice issued under Section 34 of the Kerala Revenue Recovery Act, 1968. By Ext. P2 an amount of Rs. 3,610/- was sought to be recovered as arrears of motor vehicle tax due in respect of the vehicle, KLA 9460.2. The case of the petitioner who is the original owner of the said vehicle is this : As per Ext. P1 agreement dated 28-11-1985 the vehicle was transferred to the fifth respondent for a consideration of Rs. 27,000/-. Shortly after the payment of the balance amount as per the said agreement the petitioner handed over the registration book as well as the insurance policy to fifth respondent. He had also intimated the change of transfer in favour of the fifth respondent by submitting a letter in the prescribed form to the Regional Transport Officer, Quilon. Thereafter fifth respondent was paying the motor vehicle tax till 1987. After the receipt of Ext. P2 notice the petitioner had filed a repre...
Tag this Judgment!R. Ramachandran Nair Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jun-02-1997
Reported in: AIR1997Ker322
ORDERC.S. Rajan, J.1. The petitioner is the former Chief Secretary of the State. According to the petitioner, he was the seniormost officer in the Indian Administrative Services in the whole of India. The present Cabinet Secretary is junior to the petitioner in service. He functioned as Chief Secretary from 1-3-1994 to 15-6-1996 on which day he proceeded on leave. While he was functioning as the Commissioner and Secretary to the Government of Kerala (Forests and Wildlife), he was appointed as Special Officer to establish a Sanskrit University in July, 1991. Later, he was appointed as the first Vice-Chancel for of the University with effect from 1-1-1994. He continued in the post of Vice-Chancellor for 30 months. According to the petitioner, he has an unblemished record of 35 years service in the Indian Administrative Service. There were allegations against the petitioner regarding various acts of commissions and omissions on his part while functioning as the Vice-Chancellor of the Sree...
Tag this Judgment!K. Rajendra Prasad and ors. Vs. South Indian Bank and anr.
Court: Kerala
Decided on: Jun-02-1997
Reported in: AIR1998Ker215; [2001]103CompCas605(Ker)
Balasubramanyan, J. 1. C.R.P. 188 of 1993 is by the judgment debtors in O. S. 51 of1983 on the file of the subordinate Judge's Court of Tellicherry. C.R.P. 2340 of 1995 is by one of the judgment-debtors in O. S. 170 of 1988 on the file of the Subordinate Judge's Court of Cochin Both the suits were filed by banks for recovery of amounts due to them from the respective judgment debtors. Both the suit were for recovery of the amounts due by sale of the mortgaged properties. Composite decrees were passed in terms of Order XXXIV of the Civil P.C. as adopted in Kerala. The properties were brought to sale on failure of the mortgagors to deposit the amounts due to the mortgagee in time or within the extended time granted by the court in that behalf. After the properties were sold but before the sales were confirmed, the judgment debtors purported to file applications seeking redemption of the respective mortgages on the assertion that they are entitled to redeem the mortgages at any time befor...
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