Kerala Court September 2002 Judgments
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State of Kerala Vs. Thomas Oommen
Court: Kerala
Decided on: Sep-20-2002
Reported in: 2003(1)KLT7
K.A. Abdul Gafoor, J. 1. Government has come up in appeal assailing the judgment in O.P. No. 6710 of 1992 whereby it has been declared that the respondent/petitioner shall be entitled to seniority in the cadre of Asst. Town Planner with effect from the date of advice made for such appointment, viz., 13.10.1988. Few facts are essential, to decide this appeal. Parties shall be described as arrayed in the Original Petition.2. Petitioner was advised by the Public Service Commission (for short P.S.C.) for appointment as Asst. Town Planner on 13.10.1988. He joined duty on 11.11.1988. For the purpose of seniority the relevant date is 13.10.1988; whereas for the purpose of probation it was 11.11.1988. Petitioner has Post Graduate qualification in B.Sc. Engineering. He aspired to take a further advanced qualification in Town Planning. For that purpose he required leave without allowance. R. 91 Part. I KSR provides that leave for study purpose shall be granted only to the Government servants who...
Vijayan Vs. Vivek
Court: Kerala
Decided on: Sep-19-2002
Reported in: AIR2003Ker82
K.A. Mohamed Shafi, J. 1. The defendants - judgment debtors in E.P. 50/96 in O.S. 159/95 on the file of the Munsiff's Court, Chengannur have filed this C.R.P. challenging the order dated 16.1.1999 in E.A. 103/98.2. O.S. 159/95 was filed by the respondent against the revision petitioners seeking a decree for specific performance of an agreement for sale. That suit was decreed exparte allowing specific performance of the agreement and directing the respondent to deposit Rs. 5,000/- within a month. Since the respondent decree holder could not deposit the amount within the stipulated period, he filed E.A. 123/95 on 9.11.1995 to condone the delay in depositing the amount and to accept the amount tendered along with the petition and also E.P. 50/96 for execution of the decree. That E.A. was allowed by the lower court on 18.11.95. The contention raised by the judgment debtors that the decree is not executable since the period fixed for deposit of the amount has expired and therefore, the cour...
Chonari Sulekha, W/O. C. Hamza Vs. State of Kerala Represented by the ...
Court: Kerala
Decided on: Sep-19-2002
Reported in: 2003(1)KLT374
Radhakrishnan, J.1. This writ of habeas corpus is preferred by thewife of C. Hamsa who is detained under Sections 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange andPrevention of Smuggling Activities Act, 1974 (for short'Cofeposa Act') by detention order dated 4.10.2001.2. Detenu was apprehended on 17.8.2001 at 10.30p.m. while he was travelling in a bus bound toGuruvayoor. Bus was intercepted at Manjeswaram Sales TaxCheck Post and the detenu was subjected to thoroughexamination in the presence of two independent witnesses.The search resulted in the recovery of 33 gold biscuits offoreign origin weighing 3,844.5 grams and valued at Rs.16,91,580/- and Indian currency of Rs. 18.030/-. Statementwas recorded under Section 108 of the Customs Act on18.8.2001 which revealed that the had indulged in suchactivities at the instance of one Mohammed Ali and he haddone the same in the past seven to eight times through thesaid Mohammed Ali. He was arrested on 18.8.2001 under theCustoms ...
The Federal Bank Limited Vs. K. Sreedharan and ors.
Court: Kerala
Decided on: Sep-19-2002
Reported in: AIR2003Ker199; I(2003)BC301; [2003]115CompCas55(Ker)
ORDERK.A. Mohamed Shafi, J.1. This C.R.P. is preferred by the decree holder/plaintiff challenging the order in E.A. 28 of 2001 in E.P. 1/99 in O.S. 10/1988 dated 18.7.2001 of the Sub-Court, Kottarakkara. That application was filed by the revision petitioner to reduce the reserve price fixed for the sale of property to Rs. 82,489/-.2. The execution Court dismissed that application. The revision petitioner Bank obtained a decree for realisation of money against the respondents. They filed E.P. 74/92 stating that the amount due under the decree is Rs. 1,54,174.72. The revision petitioner filed E.A. 28 of 2001 for fixing the reserve price for the property. Accordingly the lower Court fixed reserve price at Rs.1,60,000/-.3. The respondent/judgment debtor filed C.R.P. 2390 of 1995 before this Court, when the property was put up for sale. This Court directed the execution Court to refix the reserve price considering the circumstances of the case and to sell the property before 31.3.1996. Acco...
Krishnan Kunjulakshmi Vs. Narzan Alias Radhakrishnan Nair and anr.
Court: Kerala
Decided on: Sep-19-2002
Reported in: AIR2003Ker98
Abdul Gafoor, J.1. The appellant did not succeed in an application filed under Section 263 of the Indian Succession Act, 1925. hereinafter referred to as 'the Act', to get letters of administration issued in O.R (LA) No. 152/88 revoked. The petition was dismissed as not maintainable. Therefore, this appeal.2. Few facts are necessary to easily understand the controversy involved in this case. One Krishnan Bhaskaran went abroad to Singapore and settled there. He acquired properties in Singapore as well as in Thiruvananthapuram District including certain bank deposits. He was unmarried. He died in Singapore on 10-8-1985, while in hospital. The only surviving legal heirs are the appellant herein, the direct sister and the second respondent, his direct brother.3. A person claiming to be the power of attorney holder of the first respondent, attempted to trespass into the properties held by the deceased in Trivandrum and enjoyed by the appellant. The claim was that the first respondent had be...
State of Kerala Vs. Shaji Joseph
Court: Kerala
Decided on: Sep-18-2002
Reported in: 2003(1)KLT409
C.N. Ramachandran Nair, J.1. In all these cases the common issue raised is on the rate of tax payable on the product sold by the petitioner, viz., 'polystik compound'. While T.R.C. No. 178 of 1999 arise from a revised assessment, in the other two Tax Revision Cases, the assessments involved are original. However, there is no difference so long as the issue is concerned. Though the assessing officer initially treated the item under the general goods falling under the residuary entry, not being specified in any of the other entries in the First Schedule, later the officer revised the assessment for 1994-95 under Section 19(1) of the Act and made regular assessments for the other two years, 1995-96 and 1996-97 by applying the rate of tax at 10 per cent applicable to 'adhesives' provided under item 3, of the First Schedule to the Kerala General Sales Tax Act, 1963. The first appellate authority allowed the appeal and the further appeal by the Department before the Tribunal was unsuccessful...
M.P. Santhivarma JaIn Vs. State of Kerala and anr.
Court: Kerala
Decided on: Sep-18-2002
Reported in: (2004)187CTR(Ker)79; [2004]265ITR385(Ker)
G. Sivarajan, J.1. The matter arises under the Kerala Agricultural Income-tax Act, 1991 (hereinafter referred to as 'the Act'). The petitioner is the president of a trust by name 'M. S. P. Family Jain Trust'. The trust owned agricultural properties in the State from which agricultural income was derived. In order to claim the benefit of exemption from payment of agricultural income-tax under Section 16 of the Act as per Section 16(13) it must be registered as provided under Section 16(10) of the Act. The petitioner had applied for and obtained registration under Section 16(11) of the Act evidenced by order dated March 13, 1997 (item 2 of the paper book). The petitioner is presently concerned with an order dated January 14, 1999, passed by the Deputy Commissioner/Commercial Taxes, Waynad, cancelling registration of the said trust granted by the Deputy Commissioner, Kozhikode, by order dated March 13, 1997, and confirmed in revision by the Commissioner of Agricultural Income-tax, Board o...
Funnous @ Kurian and ors. Vs. K.O. Devassay and ors.
Court: Kerala
Decided on: Sep-18-2002
Reported in: I(2003)ACC4; 2004ACJ1016; (2003)ILLJ234Ker
K.A. Abdul Gafoor, J. 1. An employer, opposite party in a workman's compensation case has approached this Court with this appeal challenging the award of compensation in favour of dependents of a deceased in an accident in the boat yard of the appellant. The death took place due to electric shock. 2. The main contention urged by the appellant is that the deceased was engaged only as a casual labourer, that too, for cleaning the compound, where both the residence as wall as the factory building are situated and that the said casual employment was in no way related to the trade or business of the appellant. Therefore he was not a workman in terms of Section 2(n) as it stood before the amendment effected in 2000. The provision as it stood then reads as follows: 'Workman. - means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purpose of employer's trade or business).....' In order to exclude one from the term as defined, it...
Dr. Jnanesh D. Shenoy Vs. State of Kerala and ors.
Court: Kerala
Decided on: Sep-18-2002
Reported in: [2003]129STC246(Ker)
C.N. Ramachandran Nair, J.1. The petitioners in all these cases are either dental doctors, or hospitals, who have purchased dental chairs from manufacturers located outside Kerala. The dental chairs transported by the suppliers for delivery to the petitioners were detained at the sales tax check-post demanding entry tax on the ground that the dental chair is 'furniture' which attracts entry tax under the Kerala Tax on Entry of Goods into Local Areas Act, hereinafter called 'the Entry Tax Act'. 'Furniture' is an item introduced to the Schedule to the Entry Tax Act by Notification SRO No. 294 of 2000 with effect from April 1, 2000. Therefore after the amendment, there will be an entry tax on the entry of furniture from outside Kerala to Kerala for use or sale in Kerala. Of course, there is general exemption under notification for goods transported by 'registered dealers' into Kerala for resale of such goods on which sales tax is payable by them in Kerala. However, articles brought by the...
E.V. Mathai and Sons Vs. State of Kerala
Court: Kerala
Decided on: Sep-18-2002
Reported in: [2003]129STC503(Ker)
G. Sivarajan, J.1. The same assessee is the revision petitioner in these three cases. The assessment years concerned are 1989-90, 1990-91 and 1991-92. The assessee is a dealer in rubber which is an item liable to tax only at the last purchase point under Section 5(1) of the Kerala General Sales Tax Act, 1963 read with the entry in the First Schedule. The question, raised for consideration in these cases is as to whether the petitioner is liable to pay turnover tax levied under Section 5(2A) of the said Act. According to the assessee it is entitled to the benefit of Notification S.R.O. No. 716/88 under which exemption is granted on the turnover of rubber at all points except at the last purchase point subject to the production of prescribed declaration from the dealer who had paid the turnover tax. The assessee in the assessment years under consideration, has collected declarations contemplated under the notification and claimed exemption from turnover tax for the entire turnover by pro...
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