Kerala Court July 1999 Judgments
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Ashok Pylo Peediyakkan Vs. Rachel David
Court: Kerala
Decided on: Jul-22-1999
Reported in: II(1999)DMC726
K.A. Mohammed Shafi, J.1. This original petition is filed by a Christian husband seeking a decree of nullity of marriage with the respondent under Sections 18 and 29 of the Indian Divorce Act. The respondent appeared through Counsel and filed objections. But, when the case came up for trial, the respondent did not cross- examine the petitioner when he was examined as P.W. 1 and did not adduce any contra evidence.2. The petitioner married the respondent on 11.9.1994 at St. George Orthodox Cathedral, Trivandrum, in accordance with the Christian rites and ceremonies. A child is born in the wedlock. The petitioner has alleged that at the time of marriage, the respondent was employed in Delhi and one of the term of the marriage was that she will resign her job in Delhi and come and settle down in Kottayam to set up the matrimonial home with the petitioner. According to him, on the assurance given by the respondent and her parents, that she will resign her job at Delhi in order to settle dow...
Sree Balaji Pipes and Accessories Vs. State of Kerala
Court: Kerala
Decided on: Jul-22-1999
Reported in: [2006]143STC578(Ker)
K.K. Usha, J.1. Revision petitioner is an assessee under the Kerala General Sales Tax Act, 1963. Relevant assessment year is 1994-95. Even though, the questions of law arising in this case are not specifically raised in the revision memorandum, learned counsel for the revision petitioner raised, two contentions before us, namely, that the G.I. pipes and fittings, etc., sold by the assessee are declared goods coming under the Second Schedule to the Kerala General Sales Tax Act and therefore, liable to be taxed at 4 per cent and that since the sale is exclusively to the Kerala Water Authority, assessee is entitled to exemption as per the provisions contained under S.R.O. No. 1728 of 1993.2. We heard learned counsel for the petitioner as well as learned Government Pleader. The first contention raised by the assessee is not liable to be accepted since the particular item, namely, steel tubes, etc., was brought under the Second Schedule in SI. No. 2 after sub-item (i) only by the Finance Ac...
Raju Skariya Vs. Sheela and anr.
Court: Kerala
Decided on: Jul-21-1999
Reported in: AIR1999Ker381; II(1999)DMC572
Sankarasubban, J.1. This C.M. Reference has come before us for confirmation of the decree passed by the Court below under Section 20 of the Indian Divorce Act in O.P. No. 82/95. Petitioner in the original petition, Raju Skariya, is the husband while the first respondent Sheela is the wife. The case of the petitioner is as follows : The petitioner and first respondent were married according to Christian rites on 2-1-1989 at the St. Mary's Yakobaya Church, Erukkumchira. At the time of marriage, the father of the first respondent was not alive. The petitioner contends that the first respondent is a lunatic. According to him, the first respondent was a lunatic even before the marriage and this was wilfully suppressed by the second respondent, mother of the first respondent. If the factum of lunacy of the first respondent had been revealed to him, the petitioner would not have married the first respondent. The petitioner further contends that even after the marriage, the lunacy continued. W...
Joseph Vs. Mary
Court: Kerala
Decided on: Jul-21-1999
Reported in: I(2000)DMC554
AR. Lakshmanan, Atg. C.J. 1. Petitioner, who is the husband of the respondent Mary, filed the petition for divorce under Section 10 of the Indian Divorce Act on the ground of adultery. According to the petitioner, the marriage between him and the respondent was solemnised on 17.6.1974 in accordance with their customary rites and that he and the respondent were residing together from the date of marriage and in that wedlock five children were born to them. It is stated that since his father was taking treatment in the hospital at Manipal, he stayed in the hospital to help his father and during that period one Johny Thottupurath aged 25 came to the house of the petitioner almost every night and had adulterous intercourse with the respondent. The eldest daughter of the petitioner is stated to be the eye-witness. The said Johny subsequently committed suicide. It is further averred that on 15.1.1988 the respondent left the matrimonial home without the knowledge and consent of the petitioner...
Oriental Insurance Co. Ltd. Vs. Ajayakumar and ors.
Court: Kerala
Decided on: Jul-21-1999
Reported in: I(2000)ACC507; 1999ACJ1499; [1999]98CompCas40(Ker)
K.K. Usha, J.1. The question that arises for consideration in this appeal is whether passengers in private vehicles carried not for hire or reward are covered by an insurance policy issued in terms of the provisions contained under Section 147 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal, Perumbavoor, following a Bench decision of this court in United India Insurance Co. Ltd. v. Appukuttan [1995] 84 Comp Cas 686 ; [1995] 1 KLT 807, took the view that such a policy, which is usually referred as an 'Act policy', would cover such gratuitous passengers. After admitting the appeal a Bench of this court referred the matter for consideration of a larger Bench doubting the correctness of [1995] 1 KLT 807 ; [1995] 84 Comp Cas 686.2. In an accident which happened on February 8, 1991, by way of collision between a tempo van and a jeep the first respondent who was a passenger in the jeep sustained injuries. He filed 0. P. (MV) No. 1045 of 1991 before the Motor Accidents Cla...
Nanji Topanbhai and Co. Vs. Assistant Commissioner of Income-tax and o ...
Court: Kerala
Decided on: Jul-19-1999
Reported in: [2000]243ITR192(Ker)
K.K. Usha, J.1. These appeals are at the instance of the assessee. They arise from a common order passed by the Income-tax Appellate Tribunal, Cochin Bench, in I. T. A. Nos. 262, 263 and 264 (Coch.) of 1998. The relevant assessment years are 1989-90, 1990-91 and 1991-92.2. The assessee is a partnership firm engaged in the business of purchase and export of hill products like cardamom, coriander seeds, pepper, ginger, etc. The assessments for the abovementioned three years were originally completed under Section 142(1)(a) of the Income-tax Act, 1961, Assessments were subsequently reopened on the ground that the assessee had claimed deduction under Section 80HHC on the interest received from the banks on fixed deposits. The assessee contended that the interest earned on fixed deposit with banks was part of the income from export business and, therefore, the assessee was eligible for deduction under Section 80HHC on the interest income. This contention was rejected by the assessing author...
Sub-inspector of Police Vs. Devarajan
Court: Kerala
Decided on: Jul-19-1999
Reported in: 1999CriLJ4264
ORDERM.R. Hariharan Nair, J.1. The petition is filed by the State. In connection with Crime No. 14/98 of the Kovalam Police Station involving offence under Section 504, 506 and 507 of the Indian Penal Code, the Investigating Officer wanted to record the specimen hand-writing of the accused in the case. His request in that regard made to the employer of the accused and subsequent notice to the accused who was on bail to appear before the Investigating Officer did not yield any result and, therefore, he moved the Magistrate before whom the FIR was pending through M.P. 3173/98 to issue directions to the accused to appear before the Court and give the specimen hand-writing. Section 73 of the Indian Evidence Act was invoked. The learned Magistrate, however, refused the request relying on the decision in State of U.P. v. Ram Babu Misra AIR 1980 SC 791. The present petition has been filed aggrieved by the said order of the learned Magistrate with a request to quash the same.2. I have heard bo...
Divakaran Vs. Kerala Public Service Commission
Court: Kerala
Decided on: Jul-19-1999
Reported in: 2000ACJ626
C.S. Rajan, J.1. The respondent No. 1 invited applications for the post of Assistant Motor Vehicle Inspectors. Pursuant to the above notification the petitioner applied. But his application was rejected by Exh. P-8 on the ground that the petitioner did not satisfy the conditions stipulated in the notification. The petitioner was allowed to participate in the interview subject to further orders from this court. The ranked list prepared pursuant to the interview shows that the petitioner's result was withheld presumably due to the pendency of this original petition.2. The qualification which the petitioner does riot possess, according to the P.S.C. is a licence authorising him to operate heavy goods vehicle and heavy passenger vehicle as insisted in the notification.3. Exh. P-9 licence issued by the transport authorities shows that the petitioner is having the authority to drive light transport vehicles, heavy transport vehicles and heavy motor vehicles. The above licence was issued on 2...
Nanji Topanbhai and Co. Vs. Assistant Commissioner of Income Tax and o ...
Court: Kerala
Decided on: Jul-19-1999
Reported in: (1999)157CTR(Ker)225
Mrs. K.K. Usha, J.These appeals are at the instance of the assessee, They arise from a common order passed by the Tribunal, Cochin Bench in ITA Nos. 262, 263 and 264 (Coch) 1998. The relevant assessment years 1989-90, 1990-91 and 1991-92.2. The assessee is a partnership firm engaged in the business of purchase and export of hill products like cardamom, coriander seeds, pepper, ginger etc. The assessments for the above mentioned three years were originally completed under section 143(1)(a) of the Income Tax Act, 1961. Assessments were subsequently reopened on the ground that the assessee had claimed deduction under section 80HHC on the interest received from banks on fixed deposits. The assessee contended that the interest earned on fixed deposit with banks was part of the income from export business and, therefore, the assessee was eligible for deduction under section 80HHC on the interest income. This contention was rejected by the assessing authority relying on a decision of this Cou...
Life Insurance Corporation of India and ors. Vs. Mrs. Annamma Augustin ...
Court: Kerala
Decided on: Jul-16-1999
Reported in: [2000]100CompCas744(Ker)
K. Narayana Kurup, J. 1. These writ appeals are directed against the judgment rendered by a learned single judge of this court in O. P. No. 4739 of 1990. The parties in these appeals will be referred to as the petitioner and the Life Insurance Corporation (for short 'the Corporation').2. The brief facts which are necessary for the disposal of these appeals are as follows : The petitioner is the widow of one P.J. Augustine. In the writ petition she had prayed for the issuance of a direction to the Corporation to pay her 'the entire insured amount of the late P.J. Augustine as per proposal No. 615781, dated August 27, 1988, for Rs. 10 lakhs'. Other incidental and consequential reliefs were also prayed for in the O. P. The aforesaid Augustine during his life time, had proposed his life for insurance for a sum of Rs. 10 lakhs. The proposal was submitted on August 16, 1988, before the branch office of the Corporation, as per proposal No. 615781 of Ernakulam Branch. An amount of Rs. 7,925 wa...
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