Kerala Court October 1999 Judgments
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Guruvayoor Devaswom Employees' Association Vs. State of Kerala and Ors ...
Court: Kerala
Decided on: Oct-14-1999
Reported in: AIR2000Ker1
P.K. Balasubramanyam, J.1. This Original Petition filed by the Guruvayur Devaswom Employees' Association through its Secretary challenges the Constitutional validity of Section 4(1)(d) of the Guruvayur Devaswom Act, 1978. When the Original Petition was admitted by the learned single Judge, the learned single Judge also ordered that this Original Petition also be listed with other connected Original Petitions which were pending before a larger Bench. That is how this Original Petition has come up before us for decision.2. The famous Guruvayur temple in the erstwhile Malabar of this State was originally governed by a scheme decree and the provisions of the Madras Hindu Religious and Charitable Endowments Act, HR and CE Act for short. In the year 1971 Guruvayur Devaswom Act, 1971. Act 6 of 1971 was enacted by the Kerala Legislature. Under Section 3 of that Act administration, control and management of the Devaswom was vested in a Committee constituted in the manner provided by that Act. T...
Simi Raj, S.P. Vs. the Commissioner for Entrance Examinations, Trivand ...
Court: Kerala
Decided on: Oct-14-1999
Reported in: AIR2000Ker76
Radhakrishnan, J.1. Petitioner submits that he belong to Latin Catholic Other than Anglo-Indian community. On the basis of Prospectus for Admission to Professional Degree Courses, 1999, petitioner submitted application for Engineering/ Medicine Courses. Earlier petitioner's rank was 3137 for Medicine and 3098 for Engineering. In the revised rank list his rank for Engneering and Medicine is respectively 3426 and 3235. According to petitioner, earlier he was considered in the General quota, and unless he is considered in the quota ear-marked for Latin Catholic other than Anglo Indian Community, he would lose the chance of getting admission. However, his request for consideration under the quota ear-marked for Latin Catholic other than Anglo Indian community was not acceded to by the respondents on the ground that petitioner failed to produce the certificate to that effect along with application. The last date for receipt of applications was 12.5.1999, but petitioner submitted the communi...
K. Sreedharan and Co. (P.) Ltd. Vs. State of Kerala
Court: Kerala
Decided on: Oct-14-1999
Reported in: [2001]123STC291(Ker)
Arijit Pasayat, C.J.1. All these eight tax revision cases filed by the assessee involve common points of dispute, except T.R.C. Nos. 265 and 267 of 1998 where additional points are involved. This judgment shall govern each of the tax revision cases on common points and additional points raised for the relevant assessment years. They have been filed under Section 41 of the Kerala General Sales Tax Act, 1963 (in short, 'the Act').2. Sales Tax Appellate Tribunal, Additional Bench, Kozhikode (hereinafter referred to as 'Tribunal') disposed of eight appeals relating to assessment years 1984-85 and 1986-87 onwards up to 1992-93. Assessee is a private limited company incorporated under Companies Act, 1956. Its business is mainly in arrack and 'Indian Made Foreign Liquor' (in short 'IMFL') as an abkari contractor. Purchases are made mainly from distilleries within the State on basis of permits issued by Excise Department. It is registered as 'dealer' under the Act on the files of Sales Tax Off...
K. Zainaba Vs. Union of India (Uoi) and ors.
Court: Kerala
Decided on: Oct-14-1999
Reported in: 2000CriLJ968
Arijit Pasayat, C.J. 1. Order of detention dated 29-3-1995 passed by Government of Kerala, Home (SSA) Department in purported exercise of power conferred under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'the Act') is challenged in this Original Petition for writ of habeas corpus by the wife of M.C. Beeran (hereinafter referred to as 'the detenu'). Ext. P-5 is the order of detention. Same was passed with a view to prevent detenu from abetting smuggling of goods. Order of detention was executed on 25-2-1999. Grounds of detention were communicated to him on same day through Superintendent of Central Prison. Thiruvanathapuram where the detenu is detained. Several activities were enumerated to indicate that there was reasonable apprehension about detenu continuing to abet smuggling of gold into country, unless he was prevented from doing so by detaining him under provisions of the Act. It is indicated in grounds of det...
P.M. Abubacker Vs. P.J. Alexander
Court: Kerala
Decided on: Oct-14-1999
Reported in: 2000CriLJ1168
ORDERK.A. Mohamed Shafi, J. 1. The 2nd accused in C.C. 139/ 95 on the file of the Judicial First Class Magistrate's Court-I, Ernakulam is the petitioner. The petition is filed to quash Annex-ure-A4 order dated 6-6-1995 passed in C.M.P. 950/95 in C.C. 139/95.2. On the basis of a complaint filed by the respondent 4 accused persons including the petitioner as the 4th accused were prosecuted for the offences punishable under Sections 500, 501 and 502 r/w Section 34, I.P.C. alleging that an article containing false and defamatory imputations against the respondent was published in the Sunday Weekly for the week between 17th and 23rd June, 1990, before the Chief Judicial Magistrate's Court, Ernakulam. The trial was proceeded with and after completion of the prosecution evidence, the accused were questioned under Section 313, Cr. P.C. and the evidence of some of the defence witnesses was recorded the complainant-respondent filed a petition on 31-12-1994 to compound the offence as against the ...
Hameed Vs. Ashokan
Court: Kerala
Decided on: Oct-14-1999
Reported in: I(2000)ACC130
A.R. Lakshmanan, J.1. The appellants A.K. Hameed and K.N. Anwar are third parties to the writ proceedings. They filed this Writ Appeal with the leave of this Court. The Writ Appeal is filed against the judgment in O.P. 22587/99 dated 7.9.1999. The learned Single Judge by judgment dated 7.9.1999 directed the Secretary, Regional Transport Authority, Thrissur to dispose of Ext. P2 application for temporary permit within one week from the date of receipt of copy of the judgment.2. It is now represented by the Counsel for the first respondent that the temporary permit granted by the Secretary, Regional Transport Authority, Thrissur has expired on 2.10.1999 and, therefore, nothing further survives in this Writ Appeal to be adjudicated upon by this Court. According to the learned Counsel for the appellant, Secretary, Regional Transport Authority is not the Competent Authority to consider and grant temporary permit on inter-district route and the Competent Authority is only the Regional Transp...
R. Sreenivasan Vs. State of Kerala and anr.
Court: Kerala
Decided on: Oct-11-1999
Reported in: [2002]111CompCas740(Ker)
S. Marimuthu, J.1. This case has been filed under Section 482 of the Criminal Procedure Code, 1973, to quash the proceedings in C. C. No. 387 of 1998 on the file of the Judicial First Class Magistrate Court No. 1, Fort Cochin. The above-said criminal prosecution was launched by the second respondent-complainant on the ground that the petitioner-accused herein borrowed a sum of Rs. 90,000 on December 24, 1995, and another sum of Rs. 90,000 on June 30, 1996, agreeing to repay the same on December 30, 1996, with 24 per cent. interest per annum and as a security for the payment of the above principal amount, he issued two cheques and also a promissory note in favour of the second respondent. Since the payment was not made as promised, the criminal complaint was filed by the second respondent.2. Learned counsel appearing for the petitioner would contend that the complaint itself is not in accordance with the provisions laid down in Section 138 of the Negotiable Instruments Act. According to...
Commissioner of Income-tax Vs. K. Mahim Udma
Court: Kerala
Decided on: Oct-08-1999
Reported in: [2000]242ITR133(Ker)
Arijit Pasayat, C.J. 1. Heard.2. All the I. T. Rs. are disposed of by this common judgment as the dispute is common. It relates to the levy of tax on certain incomes from house property. The assessee was assessed to tax under the Income-tax Act, 1961 (in short 'the Act'). The Assessing Officer was of the view that the assessee derived property income from the building let out on rent treating the income to be from an asset owned by the assessee. The Assessing Officer held that the assessee had purchased a property for a consideration of Rs. 80,000 in the names of Sri Abdul Rahiman, Sri K. Abdulla Kunhi and Sri K. P. Abdulla. After purchasing the property in their names, the assessee constructed a compound wall at an estimated cost of Rs. 40,000. The assessee took the stand that he had nothing to do with either the purchase of the property or construction of a compound wall. This plea was notaccepted. A sum of Rs. 40,000 was added to the income of the assessee as income from undisclosed...
Commissioner of Income-tax Vs. Smt. Sheggy Abdulla
Court: Kerala
Decided on: Oct-08-1999
Reported in: [2000]243ITR792(Ker)
Arijit Pasayat, C.J.1. Heard.2. At the instance of the Revenue, the-following question has been referred under Section 256(1) of the Income-tax Act, 1961 (in short 'the Act'), by the Income-tax Appellate Tribunal, Cochin Bench (in short 'the Tribunal'), for opinion of this court :'Whether, on the facts and in the circumstances of the case and also in the light of the decision of the Supreme Court in G.M. Omer Khan v. CIT (Addl.) : [1992]196ITR269(SC) , when does transfer take place under the Income-tax Act for the purpose of capital gains and the Tribunal is right in the view it took ?'3. A brief reference to the factual aspects is necessary for adjudication of the question. In terms of the notification published on July 19, 1981, under the provisions of the Kerala Land Acquisition Act, 1961 (in short 'the KLA Act'), 12.24 cents of land in Alwaye Municipality belonging to the assessee was acquired by the Government of Kerala for Alwaye Water Works. The assessee was awarded compensation...
Commissioner of Income Tax Vs. K. Mahim Udma
Court: Kerala
Decided on: Oct-08-1999
Reported in: (2000)158CTR(Ker)100; [2000]108TAXMAN52(Ker)
Pasayat, CJ.Heard.2. All the I.T. Rs. are disposed of by this common judgment as the dispute is common. It relates to the levy of tax on certain incomes from house property. The assessee was assessed to tax under the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). assessing officer was of the view that the assessee derived property income from the building let out on rent treating the income to be from asset owned by the assessee. The assessing officer held that the assessee had purchased a property for consideration of Rs. 80,000 in the names of Shri Abdul Rahiman, Shri K. Abdulla Kunhi and Shri K. P. Abdulla. After purchasing the property in their names, the assessee constructed a compound wall at an estimated cost of Rs. 40,000. The assessee took the stand that he had nothing to do with either the purchase of the property or construction of compound wall. This plea was not accepted. A sum of Rs. 40,000 was added to the income of the assessee as income from undisclosed s...
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