Kerala Court January 2001 Judgments
Sajeev Raj Vs. P.K. Manmadhan Kartha and anr.
Court: Kerala
Decided on: Jan-11-2001
Reported in: [2003]116CompCas53(Ker)
R. Rajendra Babu, J.1. This revision petition is at the instance of the appellant in Crl. A. No. 317 of 1999 before the Sessions Court, Thrissur, who was the accused in S. T. No. 3664 of 1996 before the J. F. C. M. Court, Thrissur. The first respondent filed the complaint against the petitioner alleging the commission of an offence under Section 138 of the Negotiable Instruments Act, 1881 as S.T. No. 3664 of 1996. The trial court found the accused guilty of the above offence and convicted and sentenced him to undergo rigorous imprisonment for three months and to pay a fine of Rs. 90,000. The petitioner challenged the above conviction and sentence before the Sessions Court, Thrissur, in Crl. A. No. 317 of 1999. The appellate court upheld the conviction of the offence under Section 138 of the Negotiable Instruments Act, but modified the sentence. The appellate court imposed a sentence of imprisonment till the rising of the court and directed to pay Rs. 90,000 as compensation under Sectio...
Tag this Judgment!K. Muhammed Vs. K. Sukumaran
Court: Kerala
Decided on: Jan-11-2001
Reported in: 2001CriLJ1664
ORDERR. Rajendra Babu, J.1. Petitioner, the accused in C.P. 51/2000 pending before the J.F.C.M. Court, Hosdurg, filed this petition for quashing the entire prosecution proceedings pending against him. The C.I. of Police, Hosdurg, filed the final report in Crime No. 200/97 of Hosdurg Police Station alleging the commission of offences Under sections 445, 341 and 506(1), I.P.C. and also Under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act). The final report was filed before the Sessions Court, Kasargod and it was taken to the file as S.C. 46/97. In view of the decision of the Supreme Court in Gangula Ashok v. State of A.P., 2000 (1) KLT 609 : (2000 Cri LJ 819), the case was sent back to the JFCM Court, Hosdurg for following the procedure of committal to the Special Court. Accordingly the case was registered as C.P. 54/2000 before the Court below. Now the petitionerseeks to quash the proceedings on the ground that t...
Tag this Judgment!Prabhakaran Nair Vs. Preethy P. Nair
Court: Kerala
Decided on: Jan-10-2001
Reported in: I(2002)DMC13
S. Sankarasubban, J.1. The appeal is filed by the father of respondent against the decree granted by the Family Court, Ernakulam directing the appellant to give maintenance at the rate of Rs.750 to the respondent - daughter and to deposit Rs.1,50,000 for the purpose of her marriage. The history of this case depicts a sad state of affairs in a family.2.The appellant -S.Prabhakaran Nair, while he was employed in Pune, married the respondent's mother, who was Christian by religion at the time of marriage. After the marriage, two children were born in the wedlock; one daughter and son. His daughter is Preethy P.Nair, making his intention clear that his daughter should follow Hindu Path of life. There is evidence is this case to show that the appellant underwent the marriage ceremony with the respondent's mother in the Guruvayoor Temple respecting the wishes of his mother. It is also come in evidence that the respondent was taken to a Temple for the purpose of initiation in 'Choroonu'. Thes...
Tag this Judgment!Siemens Ltd. Vs. State of Kerala and anr.
Court: Kerala
Decided on: Jan-09-2001
Reported in: [2001]122STC1(Ker)
S. Sankarasubban, J.1. This original petition challenges the vires of item (c) of Explanation 4 of Clause (xxi) of Section 2 of the Kerala General Sales Tax Act, 1963 (hereinafter referred to as 'the Act'). This was introduced by Act 11 of 1995 which repealed Ordinance No. 11 of 1995. Item (c) of Explanation 4 of Section 2 of the Act says that for the purpose of this Act, the transfer of property in goods whether as goods or in some other form involved in the execution of a works contract shall be deemed to have taken place in the State, if the goods are within the State at the time of such transfer, irrespective of the place where the agreement of works contract is made, whether the assent of the other party to the contract is prior or subsequent to such transfer.2. According to the petitioner, it deals with works contract and the contract consists of both sale of goods as well as sale of labour. But so far as the sale of goods is concerned, according to the petitioner, goods sold are...
Tag this Judgment!Musthafa Ummer and anr. Vs. Appropriate Authority and ors.
Court: Kerala
Decided on: Jan-05-2001
Reported in: [2001]248ITR436(Ker)
M. Ramachandran, J.1. Proceedings of the appropriate authority exercising pre-emptive powers of purchase under Section 269UD of the Income-tax Act, 1961, are under challenge. The validity and propriety of exhibits P-7, P-9, P-9(a) and exhibit P-11 as also the further proceedings pursuant thereto are questioned in this original petition filed by the power of attorney holder, Sri Afsal Muhammed Moosa Alayadath representing Musthafa Ummer and Rafeena Musthafa, who are shown as petitioners. The first respondent is the appropriate authority, Income-tax Department, Bangalore ; and the second and third respondents respectively are the Chief Commissioner of Income-tax, Cochin, and the Government of India.2. The averments in the original petition which are relevant for the purpose of adjudication are given as below :3. The petitioners had promoted a company Palm Court Hotels Private Limited. A certificate of incorporation, memorandum of association and the articles have been produced as exhibit...
Tag this Judgment!K. Moideenkutty Haji Vs. Superintending Engineer, P.W.D. and ors.
Court: Kerala
Decided on: Jan-05-2001
Reported in: AIR2001Ker294
ORDERM. Ramchandran, J.1. The above Original Petitions were jointly heard, in view of the nature of reliefs prayed for by the petitioners. The petitioners inter alia challenged the award of contract by the Public Works Department of the State in favour of a Co-operative Society, and has also challenged the constitutionality of the Government Order, which facilitated the Department to award contracts to Labour Contract Co-operative Societies incidental issues had also arisen. The brief facts for the purpose of deciding the matter are narrated hereunder :2. The petitioner in O.P. No. 29222 of 2000 is an A Class registered P.W.D. Contractor, with substantial experience. The Superintending Engineer, P.W.D. Roads and Bridges, North Circle, Kozhikode [1st respondent) had issued a pre-qualification-cum-Tender Notice on 20-6-2000 calling for bids for the work of improvement of a road. The estimated cost as notified was Rs. 236 lakhs. Pre-qualification documents and tender forms were to be furn...
Tag this Judgment!Musthafa Ummer and Rafeena Musthafa Vs. Appropriate Authority and ors.
Court: Kerala
Decided on: Jan-05-2001
Reported in: (2001)166CTR(Ker)362
M. Ramachandran, J. Proceedings of the Appropriate Authority exercising pre-emptive powers of purchase under section 269UD of the Income Tax Act are under challenge. Validity and property of Exts. P7, P9, P9(a) and Ext. P11 as also the further proceedings pursuant thereto are questioned in this original petition filed by the Power of Attorney holder Sri Afsal Muhammed Moosa Alayadath representing Musthafa Ummer and Rafeena Musthafa, who are shown as petitioners. The first respondent is the Appropriate Authority, Income Tax Department, Bangalore, and the second and third respondents, respectively, are the Chief Commissioner, Cochin, and the Government of India.2. The averments in the original petition which are relevant for the purpose of adjudication are given as below :Petitioners had promoted a company as Palm Court Hotels (P) Ltd. Certificate of incorporation, Memorandum of association and the articles have been produced as Ext. P2 in the O.P. The petitioners were the sole two direc...
Tag this Judgment!Smt. Elamma John Vs. Smt. Mercy and anr.
Court: Kerala
Decided on: Jan-04-2001
Reported in: 2001CriLJ869
ORDERA. Lakshmikutty, J.1. This petition is filed under Section 482 of the Code of Criminal Procedure by the accused in C.C.No. 217 of 1997 on the file of the Judicial First Class Magistrate's Court, Sulthan Bathery.2. The petitioner is the accused in the above said case and she has received a summons to appear before the Judicial First Class Magistrate's Court, Sulthan Bathery on 27-12-1997. The first respondent herein is the complainant in the said case. The petitioner was having a total extent of 4 acres of immovable property. Out of the said property, she had sold 1 1/2 acres to three persons inclusive of the first respondent complainant. The balance 2 1/2 acres will be worth more than Rs. 4 lakhs. The petitioner accused had availed a loan of Rs. 25,000/- from the State Bank of India, Kynatty Branch by, pledging her properties. Considering the value of the property, the loan amount was very negligible. At the time of execution of the documents itself, the petitioner had divulged th...
Tag this Judgment!Chanda Chawla Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jan-03-2001
Reported in: 2001CriLJ1033
S. Sankarasubban, J.1. This Original Petition has been filed by one Chanda Chawla seeking the release of her husband, Jay Prakash Chawla, who has been detained under Ex. P1 order issued under Section 3(1)(i) and Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA Act') and for other consequential orders.2. On 23-4-1984, M/s. Nigil Exports (India), Cochin tendered 250 cartons of Frozen Cargo stated to contain 200 cartons of Frozen cat fish fillets and 50 cartons of Groupen ICF wholes under S. Bill No. 1360 dated 19-4-1984 for shipment to M/s. Fheonix Food Incorporated, New York. On information that these consignments contained dangerous drugs, the consignments were subjected to cent percent examination. As a result of these, 37 cartons were found to contain 500 slabs of Hashish weighing 516.502 kgs. concealed inside fish skin. The drugs were thereupon seized under mahazar by the Examining Off...
Tag this Judgment!Muthoottu Mini Kuries Vs. Deputy Commissioner of Income-tax and anr.
Court: Kerala
Decided on: Jan-02-2001
Reported in: [2001]250ITR455(Ker)
M. Ramachandran, J.1. Exhibit P-7 order passed by the Deputy Commissioner of Income-tax, Central Circle-I, Ernakulam (first respondent herein), is subjected to challenge by the petitioner, a partnership firm engaged in the chitty business, having its registered office at Bangalore.2. In respect of the assessment years 1998-99 and 1999-2000, the petitioner, Muthoottu Mini Kuries, had filed returns. As per notices dated March 22, 2000, and March 28, 2000, the petitioner had been directed by the second respondent to appear before him on a specified day and to produce the documents, accounts and other details on which he relied in support of the returns filed. It is averred that the petitioner's authorised representative had presented himself with the connected records and as the second respondent was not available on that day, no hearing had been held. Thereafter no opportunity for hearing had been given, but exhibit P-7 had followed. The said order passed under Section 142(2A) of the Inc...
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