Kerala Court March 1998 Judgments
The Food Corporation of India and ors. Vs. Salam Traders and anr.
Court: Kerala
Decided on: Mar-31-1998
Reported in: AIR1998Ker194
Sankarasubban, J.1. The above Civil Revision Petition is filed against the order passed in O.P. 66/83 on the file of the Subordinate Judge's Court, Kozhikode. The first respondent in the C.R.P., M/s. Salam Traders, was the petitioner in the O.P., which was filed under Section 8 of the Arbitration Act. The petitioners in the C.R.P. are the Food Corporation of India and its officers. The case of the petitioner in the O.P. is as follows :-- The petitioner had entered into an agreement with the Food Corporation of India for the work of clearing and forwarding-cum-handling and transporting of various food articles at Calicut Port and FCI godown for a period of two years from 11-8-79. It had deposited with the respondents a sum of Rs. 50,000/- by way of security for the due performance of the work. According to petitioner, an amount of Rs. 4,26,707.96 was due to the petitioner for the work done during the period of contract. Disputes and differences arose between the parties regarding the cl...
Tag this Judgment!Chemari Balan Nair Vs. Manikkoth Vilasini
Court: Kerala
Decided on: Mar-31-1998
Reported in: AIR1998Ker313
Mohammed, J. 1. The husband in a proceeding under Section 13(1)((b) of the Hindu Marriage Act, 1955 is the appellant before us. He was the petitioner in O.P. No. 7 of 1988 before the Subordinate Judge's Court, Badagara for dissolution of the marriage with the respondent on the ground of desertion. The Court below found that there was no legal evidence for desertion and hence the petition was dismissed. It is against the said order this appeal has been filed by the petitioner under Section 28 of the Hindu Marriage Act, 1955 (for short 'the Act'). 2. The relevant portion of Section 13 of the Act is extracted hereunder :13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party --(i) and (ia) ..... (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation...
Tag this Judgment!Xaviers Vs. State of Kerala
Court: Kerala
Decided on: Mar-27-1998
Reported in: 1998CriLJ3182
ORDERS. Marimuthu, J.1. This Crl. Miscellaneous case is directed against the order delivered by the Sessions Judge, Alappuzha in Crl. Revision Petition No. 119/1995, which arose challenging the confirmed conviction and sentence rendered by the Assistant Sessions Judge, Sherthellai, in Criminal Appeal No. 13/1993. The present petitioner as accused was found guilty under Section 51 (a) of Kerala Police Act by the Judicial Magistrate, Sherthallai in S.T. No. 170/1991.2. The present petitioner, according to the prosecution, behaved in a disorderly manner, uttering rubbish language and obstructed the traffic on the night of 17-12-1991, being in a drunken mood at Champakattu Mukku, where on that night a festival was going on. P.W. 1, the Assistant Sub-Inspector of Police attached to Arthungal Police Station, arrested the accused in the presence of a Police Constable examined as PW. 2, took the accused to the police station where Ext. P1 complaint was written by PW. 1 himself. Thereafter, the...
Tag this Judgment!Commissioner of Income Tax Vs. Kerala State Industrial Development Cor ...
Court: Kerala
Decided on: Mar-27-1998
Reported in: (1999)154CTR(Ker)145
Om Prakash, C. J. :By this application made under s. 256(2) of the Income Tax Act, 1961, the Revenue requires us to direct, the Tribunal to refer the following questions for the opinion of this Court :'1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law and fact in holding that the interest earned by the assessee and the interest payable by the assessee can fall under one source namely income from interest and is not the findings wrong and against law and against the provisions contained in s. 209 of the Companies Act read with the notification dt. 16-5-1989 which varied the system only with reference to interest earned by the assessee ?2. Whether, on the facts and in the circumstances of the case and -since the cash system of accounting adopted by the assessee does not give the details of actual interest income;(i) the Tribunal is right in law and fact in holding that the assessee was justified in recording its interest receipts on cash basis ?(...
Tag this Judgment!K. Beeran Vs. Commissioner of Income Tax
Court: Kerala
Decided on: Mar-27-1998
Reported in: (1999)153CTR(Ker)508
OM PRAKASH, C.J.Heard counsel for the parties.2. By this application made under s. 256(2) of the IT Act, 1961, the assessee requires us to direct the Tribunal to refer the following questions for the opinion of this Court :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in sustaining a sum of Rs. 6,36,077 representing the investments and bank deposits during the previous year as the income of the assessee under 'Other sources' for 1991-92 assessment ?(ii) Whether the Tribunal's conclusion that 'the Department has succeeded in establishing that the assessee did not bring any Kuwaiti Dinars to India' and the investments which were considered in the assessment 'was his own income earned in India during the previous year' is legally sustainable. Is not the above finding unsupported by any evidence or material on record?(iii) In the absence of any evidence or material brought on record by the Department to discredit the explanation given by the as...
Tag this Judgment!ScIndia Steam Navigation Co. Ltd. Vs. Union of India (Uoi) and anr.
Court: Kerala
Decided on: Mar-26-1998
Reported in: AIR1998Ker250
Sreedevi, J.1. This appeal is directed against the decree and judgment in O.S. No. 55 of 1978 of the Sub-Court, Kochi. The defendant is the appellant.2. The facts for the purpose of this appeal are these : The first plaintiff shipped on board the vessel S. S. Jaladuta, which belonged to the defendant-appellant, 11830 M.T. of muriate of potash 'clean on board' at the Port of Illyichevak for discharge in one Port of India, as per bill of lading, Ext. A1, dated 13-2-1977. The first plaintiff, who is the first respondent herein, wanted 5000 tons of the said goods to be discharged at the Port of Kandla and the remaining goods at the Port of Cochin. The loading was done into the ship's hatches in bulk by the shipper and the bill of lading states, among other things, that 'measurement, weight, quality, brand, condition, quality, contents and value as declared by the shipper, but unknown to the carrier.' The unloading of the goods at the ports of discharge was admittedly the shipper's responsi...
Tag this Judgment!Mattoor Chits and Finance (P.) Ltd. (In Liquidation) Vs. Mrs. Mary Bab ...
Court: Kerala
Decided on: Mar-26-1998
Reported in: [1998]94CompCas595(Ker)
K.A. Mohamed Shafi, J.1. In this case, the claimant has claimed Rs. 10,343 being the balance kuri instalments of Rs. 6,500 with interest thereon at 12 per cent. per annum from April 11, 1992, to February 10, 1997, amounting to Rs. 3,768.2. In the objections filed by the respondent, though the kuri transaction alleged in the claim has been admitted, it is contended that as per an agreement between the respondent and the claimant-company, the respondent had deposited Rs. 5,000 with the claimant with the specific understanding that the amount of deposit with interest thereon at 14 per cent. per annum will wipe off the entire amount due from the respondent to the claimant towards his kuri by the termination of the kuri in August, 1996. The respondent also contended that Rs. 6,500 claimed as principal amount in this case was not due from the respondent as on April 11, 1992, and after setting off the balance principal amount of Rs. 4,602 with interest thereon at 14 per cent. per annum till A...
Tag this Judgment!P.i. Vargheese Vs. Kerala Automobiles Ltd., Trivandrum
Court: Kerala
Decided on: Mar-25-1998
Reported in: AIR1998Ker275
Patnaik, J. 1. The claimant in O.P. (Arbitration) No. 225 of 1986 on the file of the Principal Sub Judge's Court, Trivandrum has preferred this appeal against the order dated 27-2-1991 chal'enging the rejection of award of interest at the rate of 12% per annum from the date of award till the date of decree and rejection of appellant's claim of 12% interest from the date of decree till realisation of the amount.2. The respondent-Kerala Automobiles Ltd., Poojapura, Trivandrum accepted the tender of the appellant and awarded the contract by order dated 4-11-1980, for construction of a factory building and other infrastructural facilities etc. The work could not be completed within the time stipulated in the agreement and it was extended from time to time by entering into formal agreements. However, there was a dispute between them for which the appellant/claimant sent a claim statement on 17-7-1983 to the respondent. Since the claim was not satisfied, the matter was referred to the Arbitr...
Tag this Judgment!Kunju Viswanadhan Vs. Ramakrishnan Surendran
Court: Kerala
Decided on: Mar-25-1998
Reported in: 1998CriLJ3553
K.A. Mohamed Shafi, J.1. The complainant in C.C. No. 167/90 on the file of the Judicial First Class Magistrate's Court, Attingal is the appellant.2. The appellant filed the complaint against the respondent alleging offence punishable under Section 138 of the Negotiable Instruments Act. It is the case of the appellant that the re-sppndent issued a cheque for Rs. 35,000/- in repayment of the loan on 25-1-1990 and when the Cheque was presented for encashment it was dishonoured. The registered notice sent by the appellant intimating about the dishonour of the cheque and calling upon the respondent to pay the amount is, refused by the respondent. There fore the respondent has committed the offence punishable under Section 138 of the Negotiable Instruments Act.3. The lower Court after trial by judgment dated 2-12-1991 found that the respondent is not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and acquitted him.4. Though the lower Court found that the...
Tag this Judgment!Kalpaka Enterprises Vs. Commissioner of Income Tax
Court: Kerala
Decided on: Mar-25-1998
Reported in: (1999)153CTR(Ker)528
OM PRAKASH, C JHeard counsel for the parties.2. By this application made under s. 256(2) of the IT Act, 1960, the assessee requires us to direct the Tribunal to refer the following questions for the opinion of this Court:'(i) Whether, on the facts and in the circumstances of the case, is the Tribunal right in law in holding that the evidence recorded from Sivaswamy in the assessment proceedings could well be relied on, as in the later penalty proceedings he was made available to the assessee for cross-examination?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that penalty proceedings is a part and parcel of the quantum proceedings and that the evidence later adduced in penalty proceedings is open to be taken into account for validating the inadmissible evidence relied on in the earlier assessment proceedings?(iii) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in testing on the check sto...
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