Kerala Court January 2000 Judgments
KamaruddIn P.K. Vs. Government of Kerala and ors.
Court: Kerala
Decided on: Jan-31-2000
Reported in: AIR2000Ker232
Ar. Lakshmanan, J.1. Heard Mrs. S. Radhakrishnan for the appellant, Mr. M. K. Damodaran, Advocate General for the firstrespondent. Mr. G. Janardhana Kurup, Standing Counsel for the second respondent and Mr. John K. George for respondents 3 and 4.2. The appellant-petitioner is the Working President of the Cochin University Employees Union. The appellant aggrieved by the continuation of two ruling parly MLAs in the Syndicate of the University even after the expiry of the period fixed for them under Section 45(2) of the Cochin University of Science And Technology Act, 1986 (for short 'CUSAT Act') filed the Original Petition to declare that Exhibits P-3 and P-4 orders issued by the Cochin University of Science and Technology and the Government Orders mentioned in Exhibits P-3 and P-4 in accordance with which Exhibits P-3 and P-4 are issued subject to Section 45 of the CUSAT Act and to declare that Exhibits P-3 and P-4 are non est from 7-6-1999 onwards and to declare that respondents 3 and ...
Tag this Judgment!K.V. George and ors. Vs. the Federal Bank Ltd., Pala
Court: Kerala
Decided on: Jan-31-2000
Reported in: AIR2000Ker183
ORDERD. Sreedevi, J. 1. Petitioners in all the above cases filed the above revision petitions against the orders passed by the Court below dismissing the applications to correct the mistake crept in the judgment and decree passed by the Court below. Petitioners filed the applications under Section 152, C.P.C. The Court below dismissed the applications in view of the decision reported in Dwaraka Das v. State of M.P., (1999) 2 Ker LT (SN) 27 : (AIR 1999 SC 1031). Aggrieved by the said orders the petitioners have filed the above revision petitions. 2. Admittedly, the petitioners in the above petitions have availed of agricultural loan agreeing to repay the same with 11.5% interest. As they have committed default in paying the amount, the respondent filed suits against the petitioners for realisation of the amount, claiming 17.25% interest per annum compounded quarterly. As the petitioners remained ex parte the Court decreed the suits in terms of the plaint. From the judgment it is seen th...
Tag this Judgment!S. Mohankumar Vs. Rajagopal and ors.
Court: Kerala
Decided on: Jan-31-2000
Reported in: AIR2000Ker176
M.R. Hariharan Nair, J.1. In the election as Councillorof Ward No. 29 of the Trivandrum Corporation, the petitioner was a contestant along with respondents 1 to 3. The petitioner was declared as the successful candidate by a margin of 60 votes as against the first respondent. Respondents 2 and 3 got only far less number of votes. The first respondent filed O.P. (Election) No. 18 of 1995 before the Munsiffs Court, Trivandrum alleging that the petitioner was not entitled to contest in view of the provisions of Section 90(1)(g) of the Kerala Municipalities Act as he was an authorised ration dealer and as such under a contractual liability with the Government and working for the Government. The Munsiffs Court/after trial, found that there was no merit in the contention that the revision petitioner was under a contractual liability with the Government and that he was, however, working for the Government and on that premise set aside the election.2. The revision petitioner took up the matter...
Tag this Judgment!Commissioner of Gift-tax Vs. A.C. Raghava Menon
Court: Kerala
Decided on: Jan-31-2000
Reported in: [2000]243ITR167(Ker)
Arijit Pasayat, C.J.1. Pursuant to the direction given by this court in O. P. No. 4880 of 1992, the following question has been referred to this court under Section 26(3) of the Gift-tax Act, 1958 (in short 'the Act'), by the Income-tax Appellate Tribunal, Cochin Bench (in short 'the Tribunal') :'Whether, on the facts and in the circumstances of the case, the asses-see is liable to be taxed under the Gift-tax Act ?'2. A factual position as indicated in the statement of case is as follows : The assessee was the sole proprietor of a business carried on in the name and style 'Mercantile and Marine Services'. On May 1, 1972, the said proprietorship business was converted into a partnership business by taking the assessee's major son, daughter and minor sons as partners. The Gift-tax Officer held that by converting the proprietary business into a partnership and allowing his children to share 80 per cent, of the profits of the business, the assessee had gifted 80 per cent, value of the good...
Tag this Judgment!K.V. George and anr., Vs. Federal Bank Ltd.
Court: Kerala
Decided on: Jan-31-2000
Reported in: [2000]100CompCas766(Ker)
D. Sreedevi, J.1. The petitioners in all the above cases filed the above revision petitions against the orders passed by the court below dismissing the applications to correct the mistake crept in the judgment and decree passed by the court below. The petitioners filed the applications under Section 152 of the Civil Procedure Code, 1908. The court below dismissed the applications in view of the decision in Dwaraka Das v. State of M. P. [1999] 2 KLT (S. N.) 27 (SC). Aggrieved by the said orders the petitioners have filed the above revision petitions.2. Admittedly, the petitioners in the above petitions have availed of agricultural loan agreeing to repay the same with 11.5 per cent, interest. As they have committed default in paying the amount, the respondent filed suits against the petitioners for realisation of the amount claiming 17.25 per cent, interest per annum compounded quarterly. As the petitioners remained ex parte the court decreed the suits in terms of the plaint. From the ju...
Tag this Judgment!Malankara Rubber and Produce Co. Ltd. Vs. Hameed
Court: Kerala
Decided on: Jan-28-2000
Reported in: [2001(91)FLR84]
R.Rajendra Babu, J. 1. This appeal is at the instance of the first opposite party the Malankara Rubber & Produce Co. Ltd. in W.C.C 91/93 before the Court of the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Ernakulam, Respondents 1 and 2, the applicant in W.C.C. 91/93 are the parents of one Basheer who died in an accident occurred in the factory building in the rubber estate owned by the appellant. The 3rd respondent herein, the contractor was the 2nd opposite party in W.C.C. 91/93. The applicants filed the application under S. 22 of the Workmen's Compensation Act as their son Basheer met with an accident and succumbed to the injuries arising out of and in the course of his employment under S. 22 of the Workmen's Compensation Act as their son Basheer met with an accident an succumbed to the injuries arising out of and in the course of his employment under the 3rd respondent was directed to reimburse the appellant. Aggrieved by the above order, the 1st respondent...
Tag this Judgment!K.P. Shanmughan Vs. Union of India (Uoi)
Court: Kerala
Decided on: Jan-25-2000
Reported in: 2000ACJ1252; AIR2000Ker237
Ar. Lakshmanan, J.1. Heard Mr. P. V. Surendra Nalh for the appellant and Mr. M. C. Cherian for the respondent.2. This appeal by the claimant is directed against the judgment dated 25-4-1996 in O.A. No. 1/1994 on the file of the Railway Claims Tribunal. Ernakulam Bench. The appellant filed the above O.A. claiming compensation of Rs. 60,000/- from the respondent for the injuries sustained by him out of the accident occurred by him on 22-12-1992. On that day he was travelling by the Trivandrum -- Mangalapuram Parasuram Express. He was in the nearest compartment to the Engine and due to the impact and force of the collision, he was forcibly thrown away from the seat and got jam packed under another seat and sustained injuries on his body, especially on his head and legs. The main injury was on the right side of the head just above the ear. From the accident spot, he was taken to the Kayamkulam hospital in a taxi and from there to the Government Hospital, Mavelikkara, where he was treated a...
Tag this Judgment!The Kerala Auto Two Wheelers Association Vs. S.S. Sathjith and ors.
Court: Kerala
Decided on: Jan-25-2000
Reported in: I(2000)ACC478; AIR2000Ker118
AR. Lakshmanan, J.1. The Kerala Auto Two Wheelers Association, represented by its Secretary, who obtained leave in C.M.P. No. 5037 of 1999 to file appeal against the Judgment in O.P. No. 17480 of 1998 dated 12-7-1999 is the appellant in this appeal. The first respondent is the petitioner in that original petition. The second respondent is the State of Kerala represented by its Chief Secretary and the third respondent is the Director General of Police. Trivandrum. The first respondent is a practising lawyer-belonging to the Cherthala Bar Association. He filed the writ petition for a mandamus directing the respondents to implement Sections 128 and 129 of the Motor Vehicles Act (59 of 1988) strictly throughout the State of Kerala and further direct the respondents to take appropriate action against the police officials in case they do not implement these provisions meticulously and efficiently.2. The writ petition has been filed by the petitioner for implementing Sections 128 and 129 of t...
Tag this Judgment!K.K. Mathewkunju Vs. Registrar of Co-operative Societies, Thiruvananth ...
Court: Kerala
Decided on: Jan-25-2000
Reported in: AIR2000Ker205
S. Sankarasubban, J.1. This Original Petition raises a very interesting issue. Petitioner in the Original Petition. Mathew Kunju was a member of the Managing Committee of Lemon Grass Oil and General Marketing Co-operative Society Limited. He ts also the delegate to the Kerala State Co-operative Marketing Federation Ltd. as the Primary Society is affiliated to the Federation. The term of office of the elected committee of the Federation was over on 22-3-1999. Before the expiry of the term, the Managing Committee of the Society was superseded by the Registrar of Co-operative Societies by order dated 27-1-1999. This was challenged before this Court and the order of supersession was stayed. But since the election could not be held before the expiry of the term, an administrator was appointed for the management of the Federation by invoking Section 33(1) of the Kerala State Co-operative Societies Act.2. Petitioner further submits that respondents 4 to 6 are the employees of the Federation. ...
Tag this Judgment!K.P. Nazeer Vs. State of Kerala
Court: Kerala
Decided on: Jan-25-2000
Reported in: [2000]119STC162(Ker)
Arijit Pasayat, C.J.1. These revision applications filed under Section 41 of the Kerala General Sales Tax Act, 1963 (in short 'the Act') relate to a common judgment passed by the Kerala Sales Tax Appellate Tribunal, Additional Bench, Kozhikode (in short 'the Tribunal'). The dispute relates to assessment year 1986-87. Tribunal adjudicated two appeals ; one relating to the Act and the other relating to the Central Sales Tax Act, 1956 (in short 'the Central Act') ; both in respect of aforesaid assessment year. The only point adjudicated by the Tribunal related to liability of the petitioner, who claimed to have retired from the partnership, Keyem Traders with effect from April 1, 1985. Appeals had been filed by the State before the Tribunal against the adjudication by the Deputy Commissioner of Appeals, Kozhikode [in short 'the Dy. C. (A)'] holding that there was material to show that assessee-petitioner had retired from the partnership with effect from April 1, 1985.2. In a nutshell fact...
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