Kerala Court April 1998 Judgments
B. Mohandas and Etc. Etc. Vs. Registering Authority, Regional Transpor ...
Court: Kerala
Decided on: Apr-06-1998
Reported in: AIR1998Ker300
Usha, J. 1. The question that is referred for consideration of the Full Bench in these cases relates to the jurisdiction of the registering authority under Section 52 of the Motor Vehicles Act in the matter of granting permission for alteration of a motor vehicle. In the order of reference passed by a learned single Judge in O.P. Nos. 18437 and 18438 of 1996, it was observed that there is apparent conflict between the Bench decisions of this Court on this issue. Learned single Judge further felt that whether loss of revenue can be areason for denying permission for alteration' of the vehicle under Section 52 is also an important question. When the matter came up before a Bench, the petitions were referred for consideration of a Larger Bench on the ground that there are conflicting decisions on the issue. O.P. 4446/97 was also referred for consideration of the Larger Bench since the very same issue is raised in that petition also.2. In O.P. Nos. 18437 and 18438 of 1996, petitioners are ...
Tag this Judgment!Bhaskaran Chandrasekharan Vs. V. Radhakrishnan
Court: Kerala
Decided on: Apr-06-1998
Reported in: 1998(2)ALD(Cri)546; [2000]101CompCas15(Ker); 1998CriLJ3228
K.S. Radhakrishnan, J.1. The question that has come up for consideration in this case is as to whether insertion of a date on an undated cheque would amount to material alteration within the meaning of Section 87 of the Negotiable Instruments Act, 1881.2. The appellant was the defendant in O. S. No. 16 of 1986 of the Sub-Court, Kottarakkara. A suit was instituted by the respondent-plaintiff for realisation of Rs. 30,000 with interest. According to him, the defendant had borrowed an amount of Rs. 30,000 and issued a cheque dated June 11, 1985, for the said amount. The cheque was sent for collection through the Catholic Syrian Bank, Kottarakkara. But the cheque was dishonoured stating 'refer to drawer'. Advocate's notice dated July 8, 1985, was issued to the defendant. The defendant did not respond to the notice. Hence the plaintiff instituted the suit. The defendant in his written statement stated that he had not borrowed Rs. 30,000 from the plaintiff. However, he admitted the issuance ...
Tag this Judgment!Commissioner of Income-tax Vs. Kala Cartons
Court: Kerala
Decided on: Apr-06-1998
Reported in: [1999]237ITR694(Ker)
K.K. Usha, J. 1. This reference, at the instance of the Revenue, arises out of an order in I. T. A. No. 452/Coch. of 1987. The relevant assessment year is 1980-81. The questions that are referred for the opinion of this court are as follows :'1. (a) Whether, on the facts and in the circumstances of the case, the principle laid down in 128 ITR 292 (sic), has application (even indirectly) to the case and the Tribunal is justified in adopting the principle laid down in 128 ITR 292, to the facts of the case ?(b) If the answer to the above question is in the negative, is not the very approach of the Tribunal wrong and the consequential order vitiated ?2. Whether, on the facts and in the circumstances of the case, and on an interpretation of Section 144A, Section 144B read with Explanation l(iv) to Section 153 of the Income-tax Act, 1961, the assessment is time barred and could be cancelled ?3. Whether, on the facts and in the circumstances of the case and also considering the decisions in 1...
Tag this Judgment!M. Jaihind Vs. State of Kerala
Court: Kerala
Decided on: Apr-06-1998
Reported in: [1998]111STC374(Ker)
K.S. Radhakrishnan, J.1. The question that has come up for consideration before us is whether the Tribunal is justified in taking the view that the return of gold with labour charges in exchange of gold ornaments, would amount to sale within the meaning of Section 2(xxi) of the Kerala General Sales Tax Act, 1963. When these two tax revision cases came up for consideration before a Division Bench of this Court, the Bench doubted the correctness of the decision in Radhas Printers, Kollam v. State of Kerala [1993] 90 STC 201 ; (1992) KLJ (TC) 379, and referred the matter to a Full Bench. T.R.C. No. 65 of 1993 is filed by the assessee and T.R.C. No. 77 of 1993 is filed by the Revenue. They arise out of a common order passed by the Sales Tax Appellate Tribunal, Additional Bench, Ernakulam, in T.A. No. 23 of 1991.2. The assessee is a jeweller borne on the file of the Assistant Commissioner (Assessment), Special Circle, Ernakulam. The assessment year in question is 1980-81. On verification of...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Chandran P. and ors.
Court: Kerala
Decided on: Apr-06-1998
Reported in: (2000)ILLJ771Ker
Radhakrishnan, J.1. The question that is posed for consideration before the Full Bench is as to whether Sections 4 and 4-A of the Workmen's Compensation Act, 1923, as amended by Act 30 of 1995, enhancing the amount of compensation and rate of interest would be applicable to claims in respect of death or permanent disablement resulting from accident which occurred prior to September 15, 1995, the date on which the amended provisions came into force.2. A Division Bench of this Court in Oriental Insurance Co. Ltd. v. Majeed (1998-III-LLJ-(Suppl)-1044) held the benefits of Sections 4 and 4-A as amended would be extended only in respect of claims arising out of the accident occurred on or after September 15, 1995. Same is the view taken by the same Division Bench in Oriental Insurance Co. Ltd. v. Abdul Nazar, (1998-III-LLJ (Suppl)-488) (Ker-DB). A contrary view was taken by another Division Bench in Oriental Insurance Co. Ltd. v. Asokan (1997-II-LLJ-546) (Ker-DB). That Bench relied on a dec...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Alavi
Court: Kerala
Decided on: Apr-06-1998
Reported in: 1998ACJ1048; (1998)IILLJ896Ker; 1998(1)KLT951
Radhakrishnan, J.1. The question that is posted for consideration before the Full Bench is as to whether Sections 4 and 4-A of the Workmen's Compensation Act, 1923, as amended by Act 30 of 1995, enhancing the amount of compensation and rate of interest would be applicable to claims in respect of death or permanent disablement resulting from accident which occurred prior to September 15, 1995, the date on which the amendment provisions came into force.2. A Division Bench of this Court in Oriental Insurance Co. Ltd. v. Majeed, 1996 (2) KLT 1022 held the benefits of Sections 4 and 4-A as amended would be extended only in respect of claims arising out of the accident occurred on or after September 15, 1995. Same is the view taken by the same in Division Bench in Oriental Insurance Co. Ltd. v. Abdul Nazar, 1997 I ILR 496. A contrary view was taken by another Division Bench in Oriental Insurance Co. Ltd., v. Asokan (1997-II-LLJ-429) (Ker). That Bench relied on a decision of the Supreme Court...
Tag this Judgment!Regional Director, E.S.i. Corporation Vs. Safa International and ors.
Court: Kerala
Decided on: Apr-05-1998
Reported in: (1999)ILLJ1005Ker
Ar. Lakshmanan, J. 1. By consent of both parties, all the appeals were taken up for hearing. The Regional Director, E.S.I. Corporation, Trichur has filed these appeals under Sec. 82 of the Employees' State Insurance Act, 1948 (for short 'the Act') against the order of the Employees' Insurance Court, in C.M.P. No. 24 of 1993 in I.C. No. 14 of 1991 dated July 20, 1993 and also against the order in I.C. No. 89 of 1993 and other connected cases dated December 24, 1996.2. By the order in C.M.P. No. 24 of 1993 in I.C. No. 14 of 1991 was passed by the Insurance Court directing the E.S.I. Corporation, who has made the claim, to prove that their claim is sustainable. The Insurance Court allowed the C.M.P. and directed the Corporation to discharge its burden by letting. in evidence first in order to establish their contention. In the common order dated December 24, 1996 the same directions as in I.C.No. 14 of 1991 were issued.3. In all these cases the E.S.I. Corporation issued notices to the res...
Tag this Judgment!Mohanan Vs. State of Kerala
Court: Kerala
Decided on: Apr-03-1998
Reported in: 1998CriLJ3150
S. Marimuthu J.1. This Crl. Appeal is directed against the conviction and sentence delivered by the Sessions Judge (as Special Judge) Waynad in S. C. No. 99/95 dated 30th December, 1995. To appreciate the submissions of the learned Counsel appearing for the appellant and the submission of the learned Public Prosecutor, the facts and particulars which are culled out from the evidence and the judgment of the trial Court can be briefly stated hereunder.2. On 10-6-1992 in the night PW-2 the Sub Inspector of Police attached to the Sultans Bathery Police Station along with his party, on receipt of an information, went to the southern gate of Sultan Bathery bus-stand where the appellant was standing in a suspicious manner. When the appellant was interrogated by PW-2, the appellant did not give any proper reply. Therefore PW-2 suspected that the appellant was in possession of some narcotic substances. For making a body search of the appellant, PW-2 questioned him as to whether the appellant wa...
Tag this Judgment!P.P. Ashraf and anr. Vs. State of Kerala and anr.
Court: Kerala
Decided on: Apr-02-1998
Reported in: AIR1998Ker307
ORDERP. Shanmugam, J. 1. The revision is directed against the proceedings of the Taluk Land Board dated 22-11-1997, rejecting an application filed under Section 85(8) of the Kerala Land Reforms Act, 1963, hereinafter referred to as 'the Act', to reopen the determination of the ceiling. The facts are as follows: The petitioners are children of one Shri P.P. Abdu. The ceiling case of the family consisting of P.P. Abdu, his wife and their unmarried minor children as on 1-1-1970 was decided by the Taluk Land Board by order dated 3-11-1976 fixing a total holding of 31.04 ordinary acres and directing to surrender of the excess land of 15.53 ordinary acres. On a revision before the High Court in C.R.P. No. 5227/76 the Board was directed to reconsider and thereafter by a fresh order dated 22-2-1979 the ceiling area was re fixed and the declarant was directed to surrender an extent of 6.40 ordinary acres equivalent to 5.76 standard acres. The declarant again filed objections dated 5-8-1980 and ...
Tag this Judgment!Varghese Vs. C.K. Ramani
Court: Kerala
Decided on: Apr-01-1998
Reported in: [1998]94CompCas606(Ker); 1998CriLJ2755
K.A. Mohamed Shafi, J. 1. The complainant in S.T. No. 588 of 1993 on the file of the Judicial First Class Magistrate's Court-II, Thrissur, is the appellant. The judgment dated December 17, 1993, passed by the lower court finding the accused not guilty and acquitting her and setting her at liberty is under challenge.2. The appellant filed the complaint against the respondent alleging that the respondent issued a cheque for Rs. 8,395 towards the amount due from her in business transaction with the appellant dated December 22, 1992, and when it was sent for collection the cheque bounced and the respondent did not pay the amount in spite of registered notice dated January 2, 1993, intimating her about the dishonour of the cheque and calling upon her to pay the amount and as such the respondent has committed the offence punishable under Section 138 of the Negotiable Instruments Act. 3. The lower court after trial found that the respondent failed to pay the amount due under exhibit P-1 chequ...
Tag this Judgment!- ‹ Prev
- 1
- 3
- Next ›
- Last »