Kerala Court March 1999 Judgments
Cambatta Aviation Ltd. and ors. Vs. CochIn International Airport Ltd. ...
Court: Kerala
Decided on: Mar-29-1999
Reported in: AIR1999Ker368
Sankarasubban, J.1. This writ appeal is filed by the petitioners in O.P. 25560/ 1998. First appellant is Cambatta Aviation Ltd., a Company incorporated under the Companies Act and the second appellant is Burjor Nicholson, a shareholder of the first appellant Company. First respondent in the appeal is the Cochin International Airport Limited, which is a Company incorporated under the Indian Companies Act and which has been formed for the purpose of setting up International Airport at Nedumbassery near Cochin. The second respondent is the State of Kerala and the third respondent is the Air India Limited. Respondents 4 and 5 in the appeal got themselves impleaded as additional respondents in the writ petition. The forth respondent is P.S.M. Aviation (Private) Limited and the fifth respondent is the Air India Employees' Guild.2. The first appellant (hereinafter referred to as 'the Cambatta Aviation Limited') is a Company incorporated under the Indian Companies Act and is providing ground h...
Tag this Judgment!Viswanathan M.K. Vs. Controller of Examinations, University of Calicut ...
Court: Kerala
Decided on: Mar-26-1999
Reported in: AIR1999Ker318
Ar. Lakshmanan, J. 1. Heard Mr. Grashious Kuriakose for appellant and Mr. P.C. Sasidharan for the respondents. 2. The appellant filed the Original Petition for a mandamus directing the respondents to complete the revaluation of the answer papers for the M.A. (English) previous and final examinations conducted by the School of Distance Education during April-May, 1998 and to publish the results and for other reliefs. Original Petition was dismissed by the learned single Judge on the ground that the first Ordinance of the University provides that there is no revaluation of the answer paper because of the double valuation provided for the Post Graduate degree. Being aggrieved the above Writ Appeal has been filed by the petitioner. It is argued by the learned counsel for the appellant that the second respondent has made provisions and prescribed procedure for the revaluation of the answer papers for the examination conducted by the School of Distance Education and that the appellant had du...
Tag this Judgment!P.M. Uthuppu Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Mar-24-1999
Reported in: [2000]243ITR47(Ker)
K.K. Usha, J.1. These petitions, filed under Section 256(2) of the Income-tax Act, 1961, arise out of a common order passed by the Income-tax Appellate Tribunal, Cochin Bench, in I. T. A. No. 507/Coch of 1992 filed by the assessee and I. T. A. No. 538/Coch of 1992 at the instance of the Revenue. The relevant assessment year is 1981-82. The questions of law sought to be referred are :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the stock-in-trade of the appellant's business was to be revalued at the market price and the total income of the applicant was to be enhanced even though there was no dissolution of the business ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that there was a cessation of the business when the appellant formed a partnership by converting the proprietary business conducted by the appellant ?3. Whether, there were materials for the Ap...
Tag this Judgment!M. Madhavan Nair Jayasree Vs. Manjeri Municipality and anr.
Court: Kerala
Decided on: Mar-24-1999
Reported in: AIR1999Ker322
Ar. Lakshmanan, J.1. The petitioner in O.P. No. 22596 of 1997 is the appellant herein. He filed the Original Petition seeking a writ of certiorari calling for the records leading to Exts. P8 and P9 demand notice, and for a mandamus directing the Municipality to lake up Ext. P4 appeal for consideration and dispose of the same after affording an opportunity to the appellant to be heard. According to the appellant, he is maintaining an auditorium for the service of the public on a non-profit basis for conducting marriages and receptions connected thereto. It is submitted that only a few marriages are conducted in the said auditorium in a year and that the same is not let out for any other purpose. Therefore the appellant submitted that the enhancement in the tax now made is not warranted. The revision petition preferred by the appellant was disposed of by Ext. P3 order determining the half yearly tax due at Rs. 7,403/- which was directed to be paid within 15 days from the date of receipt ...
Tag this Judgment!T.M. Jacob Vs. State of Kerala and anr.
Court: Kerala
Decided on: Mar-24-1999
Reported in: 1999CriLJ3609
C.S. Rajan, J. 1. The petitioner is a member of the Kerala Legislative Assembly. He was formerly a Minister in charge of Irrigation. In the capacity as Minister for the Irrigation the petitioner had participated in the meeting of the subject committee for Irrigation constituted by the Legislative Assembly. The said committee met on 16-5-1995 and took certain decisions in respect of Karappara - Kuriyarkutty Project. In. 1997 a vigilance case was registered against several officers in respect of certain grave irregularities and charges of corruption. The petitipner was added as the 9th accused. Exhibit P-1 is a report submitted by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Palakkad before the Enquiry Commissioner and Special Judge, Kozhikode. Exhibit P-1 discloses that the accused working in the capacity of Engineers in the State Irrigation Department entered into criminal conspiracy with the contractor and abused their official position as public servants...
Tag this Judgment!Assistant Executive Engineer, Kerala Water Authority, Ernakulam Vs. K. ...
Court: Kerala
Decided on: Mar-22-1999
Reported in: AIR1999Ker357
Balasubramanyan, J.1. Respondent in the Original Petition, the Assistant Executive Engineer, Kerala Water Authority is the appellant. The respondent approached this Court with the Original Petition praying for a writ of certiorari to quash Ext. P5 order passed by the Assistant Executive Engineer of the Kerala Water Authority refusing to accept the case of the respondent that the restaurant and the lodge in the hotel should be treated separately and that the water consumed in the lodging house should be billed on the basis of domestic consumption. The Assistant Executive Engineer took the view that even though licence has been created in respect of the restaurant in favour of one Ramesh Bhat, the entity of restaurant and lodging house continued to be one and hence liable to be charged as such for the consumption of water. The learned single Judge took the view that there was no reason not to accept the licence transaction dated 21-1-1984 entered into between the owner of the hotel, the ...
Tag this Judgment!R.T. Rajeswary and anr. Vs. Director of Income Tax (inv.) and ors.
Court: Kerala
Decided on: Mar-18-1999
Reported in: (1999)155CTR(Ker)21
G. SIVARAJAN, J.:The matter arises under the IT Act, 1961. The first petitioner is the proprietress of M/s Khiran Steel Industries situated at Kannanalloor, Kollam. She is also having a furniture showroom attached to the above industries in the name and style 'Khiran Steel Furniture' at Kottiyam. The second petitioner is the husband of the first petitioner, who is also running two industrial units called 'General Engineering Company' at Kannanalloor and 'P.R. Industries' at Umayanalloor. Both the petitioners are assessees on the files of the ITO, Ward No. 2, Kollam. There was a survey of the industrial unit of the first petitioner on 1st July, 1998, by respondents 2 and 4 under section 133A of the IT Act and the second respondent prepared 4 lists of documents produced and marked as Annexure A, Annexure I, Annexure II and Annexure EI along with a report dt. 1st July, 1998.A copy of the report was served on the second petitioner. The documents listed in the 4 Annexures were seized by the...
Tag this Judgment!All Kerala Motor Driving School Workers Welfare Association and anr. V ...
Court: Kerala
Decided on: Mar-16-1999
Reported in: II(1999)ACC118; AIR1999Ker337
ORDERS. Sankarasubban, J. 1. This Original Petition is filed by the All Kerala Motor Driving School Workers Welfare Association and one Sajith Kumar, Janatha Motor Driving School, who is also the Secretary of the first petitioner Association. The first petitioner is a registered Association and it isregistered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act. The Original Petition has been filed to quash Exhibits P-1 to P-3, P-5 and P-6 Circulars issued by the Transport Commissioner and for a writ of mandamus commanding the respondents to restore the powers originally vested with the licensing authorities and for other reliefs.2. The first petitioner is an Association of Motor Driving School Workers, while the second petitioner is the owner of a Motor Driving School. The Motor Driving Schools are recognised under the Motor Vehicles Act, hereinafter referred to as 'the Act'. These schools have to work according to the conditions stipulated in th...
Tag this Judgment!Hotel Shah and Co. Vs. Assistant Commissioner of Income-tax and anr.
Court: Kerala
Decided on: Mar-16-1999
Reported in: [1999]238ITR799(Ker)
A.S. Venkatachala Moorthy, J. 1. The petitioner is a partnership firm. For the year 1988-89 it should have filed its return by July 31, 1988, but that was not done. Similarly, the firm did not ask for extension of time to file its return. The Department issued notice dated August 30, 1988, under Section 139(2) of the Income-tax Act, 1961, to the petitioner. There was no reply. Again another notice was issued under Section 142(1) of the Act. Then again there was reply. Finally, the Department passed a best of judgment assessment on March 26, 1991, and they also cancelled the registration.2. The case of the petitioner is that in view of the search and seizure made on February 22, 1989, the petitioner had no required details and hence it could not submit its return. It is also contended that an application was made requesting copies of the various documents seized and the same were not furnished. In fact on March 19, 1991, the petitioner approached the Department and asked for permission ...
Tag this Judgment!Parameswaran Elayidam Vs. Mutual Aid Bankers and anr.
Court: Kerala
Decided on: Mar-15-1999
Reported in: (1999)IILLJ888Ker
Koshy, J. 1. Appellant, second respondent in the original petition, was employed as a Civil Assistant in the first respondent Trust (petitioner in the Original Petition). He was served with a charge sheet containing several charges. An enquiry was conducted in accordance with the principles of natural justice regarding the charges. The enquiry officer found that only charge No. 2 was proved against the appellant. The proved charge was as follows: 'On July 15, 1989, Rs. 8000/- was received from judgment debtors in O. S. No. 227/1986 before Principal Sub Court, Ernakulam, but the delinquent had remitted Rs. 5000/- only in the office of Mutual Aid Bankers, Pullepady, Cochin-18. Thus there is misconduct and misappropriation on the part of the delinquent.' 2. The case of the appellant before the enquiry officer was that an amount of Rs. 8000/- was received from the judgment debtors in O.S. No. 227 of 1986 before the Principal Sub Court, Ernakulam, on July 15, 1989 by the Deputy Manager of t...
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