Kerala Court May 2003 Judgments
Mahesh Kumar M. Vs. Canara Bank, Rep. by G.M., Personnel Wing and anr.
Court: Kerala
Decided on: May-30-2003
Reported in: (2003)IIILLJ499Ker
K. Balakrishnan Nair, J.1. The petitioner is an applicant for appointment under the Dying in Harness Scheme in the 1st respondent Bank. His father, who was a Clerk in the said Bank, died while on duty on October 10, 1998. The deceased employee left behind him, his wife, two children, two sisters and his aged mother. The petitioner is one of the children. One of the sisters of the deceased employee is mentally retarded. All the six members of the family are unemployed. Therefore, the petitioner submitted Ex. P1 application for appointment on compassionate ground on November 13, 1998. By Ext. P2 communication dated February 27, 1999, the Senior Manager of the 1st respondent Bank called for certain particulars from the petitioner. By Ext. P3 reply, the details called for were furnished. Later, the petitioner was served with Ext. P4 communication dated June 30, 1999 which reads as follows:'The financial position of your family has been examined in depth by the competent authority and it is...
Tag this Judgment!Jolly Vs. Pallipuram Grama Panchayat
Court: Kerala
Decided on: May-30-2003
Reported in: 2003(2)KLT1047
M. Ramachandran, J, 1. The averments in the Original Petition indicate that the petitioners, who were residents of the Pallipuram Grama Panchayat, had been opposing the proposal of the 6th respondent to establish a Saw Mill. To a certain extent initially they were successful in preventing its erection. Taking note of the objections highlighted by them, the Panchayat had rejected the application for a licence. The 6th respondent thereafter had taken up the matter with the 5th respondent- Green Channel Clearance Committee, who had been authorised to function as the Appellate Authority in the matter of licensing. The said authority by Ext. P5 had reversed the decision of the Panchayat, since according to them, the decision was not based on any expert opinion. The Green Channel Committee also had recommended the Pollution Control Board and the District Medical Officer to issue their consent and also had decided to recommend the Pallipuram Grama Panchayat to issue licence to the 6th respond...
Tag this Judgment!Kottayam District Co-operative Bank Vs. Annie John
Court: Kerala
Decided on: May-30-2003
Reported in: 2003(3)KLT416
R. Rajendra Babu, J.The important question that had come up for consideration was regarding the rate of future interest allowable by the Arbitrator/Registrar of Co-operative Societies from the date of claim/suit till the date of realization of the debt. 2. The District Co-operative Bank and the other banks constituted under the Cooperative Societies Act (for short the Act), which were advancing loans to its members and public, filed claims/suits before the Registrar/Arbitrator under Section 69 of the Act for settlement of the disputes. In all the cases the Arbitrators/Registrars passed awards allowing future interest at the contract rate including penal interest. The above awards had been challenged by the loanees/debtors before the Co-operative Tribunal. In some cases the Co-operative Tribunal modified the award and limited future interest from the date of the claim/suit at 6%. But in some cases the Tribunal did not interfere with the award and upheld the contract rate of interest awa...
Tag this Judgment!Assistant Commissioner of Income-tax Vs. Majestic Kuries and Loans (P. ...
Court: Kerala
Decided on: May-30-2003
Reported in: [2004]267ITR593(Ker)
G. sivarajan, J. 1. A common question of law, namely, whether the profits arising under various heads of terminated kuries accrue in the year in which the kuri has terminated, arises for consideration in all these cases. All these appeals and references are at the instance of the Revenue. Though the asses-sees in some of the cases are different, as already stated, since the question involved in all these cases is, by and large the same, all these cases are disposed of by this common judgment.2. The respondent-assessee in I. T. A. Nos. 12 and 14 of 1999 is the same, namely, M/s. Oriental Kuries (P.) Ltd., Trichur. The respondent-assessee in I. T. A. Nos. 13 and 48 of 1999 is the same, namely, Assyrian Charities Kuri Ltd., Thrissur. In all the other cases, the respondent-assessees are different, who are conducting kuries at Thrissur. The assessment orders concerned in all these cases are for any one of the assessment years from 1988-89 to 1992-93. Since the details of the assessment orde...
Tag this Judgment!Commissioner of Income Tax Vs. Supreme Kuries and Loans (P) Ltd. and o ...
Court: Kerala
Decided on: May-30-2003
Reported in: (2004)186CTR(Ker)766
G. Sivarajan, J.1. A common question of law, namely, whether the profits arising under various heads of terminated Kuries accrues in the year in which the Kuri has terminated, arises for consideration in all these cases. All these appeals and references are at the instance of the Revenue. Though assessees in some of the cases are different, as already stated, since the question involved in all these cases is, by and large same, all these cases are disposed of by this common judgment.2. The respondent-assessee in ITA Nos. 12 and 14 of 1999 is the same, namely, M/s Oriental Kuries (P) Ltd., Trichur, The respondent-assessee in ITA Nos. 13 and 48 of 1999 is the same, namely, Assyrian Charities Kuri Ltd., Thrissur. In all the other cases, the respondent-assessees are different, who are conducting Kuries at Thrissur. The assessment orders concerned in all these cases are for any one of the assessment years from 1988-89 to 1992-93. Since the details of the assessment orders have not much rele...
Tag this Judgment!Cit Vs. Supreme Kuries and Loans (P) Ltd.
Court: Kerala
Decided on: May-30-2003
Reported in: [2004]134TAXMAN332(Ker)
G. Sivarajan, J. A common question of law, namely, whether the profits arising under various heads of terminated Kuries accrues in the year in which the Kuri has terminated, arises for consideration in all these cases. All these appeals and references are at the instance of the revenue. Though assessees in some of the cases are different, as already stated, since the question involved in all these cases is, by and large same, all these cases are disposed of by this common judgment.2. The respondent assessee in ITA Nos. 12 and 14 of 1999 is the same, namely, M/s. Oriental Kuries (P) Ltd., Trichur. The respondent assessee in ITA Nos. 13 and 48 of 1999 is the same, namely, Assyrian Charities Kuri Ltd., Thrissur. In all the other cases, the respondent assessees are different, who are conducting Kuries at Thrissur. The assessment orders concerned in all these cases are for any one of the assessment years from 1988-89 to 1992-93. Since the details of the assessment orders have not much relev...
Tag this Judgment!Bright Resorts (P) Ltd. Vs. Debt Recovery Appellate Tribunal
Court: Kerala
Decided on: May-28-2003
Reported in: III(2003)BC535; 2003(3)KLT184
Pius C. Kuriakose, J.1. Defendants 1 to 4 in an Original Application filed by the 3rd respondent-Dhanalakshmi Bank before the 2nd respondent-Debts Recovery Tribunal for recovery of the amounts due to the Bank are impugning Ext.P2 order (in O.P.9157 of 2003) passed by the 1st respondent-Debts Recovery Appellate Tribunal, Chennai on various grounds including the ground that Section 21 of the Recovery of Debts Due to Banks & Financial Institutions Act, 1993 (Central Act 51 of 1993) (for short 'the Statute') is ultra vires Articles 14, 19 and 21 of the Constitution of India. 2. The 2nd respondent-Debts Recovery Tribunal passed Ext.P1 order in the O.A. after turning down a request made on behalf of the debtor-petitioners for time to cross-examine the bank's witnesses. The petitioners filed an Original Petition before this Court under Articles 226 and 227 of the Constitution challenging Ext.P1 order. That Original Petition was disposed of on the view that the remedy of the petitioners is to ...
Tag this Judgment!Murali Vs. State of Kerala
Court: Kerala
Decided on: May-28-2003
Reported in: 2003(3)KLT226
K.A. Abdul Gafoor, J.1. First of these two appeals is by accused 1 to 4 and the other is by accused 5 to 8 in S.C. No. 193/98 on the file of the First Additional Sessions Judge, Thrissur in which, apart from them, two other persons were also involved. Those two persons (accused 9 and 10) had been acquitted. The appellants were charge sheeted for offences punishable under Sections 143, 147, 148, 120B and 302 read with Section 149 of the Indian Penal Code for having committed murder of one Vidyasagaran. Accused 1 to 8 were found guilty of the offences punishable under Sections 143, 147, 148 and 302 read with Section 149 of the Indian Penal Code. They have been sentenced to undergo rigorous improvement for life and to pay a compensation of Rs. 20,000/- each and in default to undergo rigorous imprisonment for a period of five years each. Though separate punishments have been awarded for the offences punishable under Sections 143, 147 and 148 I.P.C., the sentences were directed to run concu...
Tag this Judgment!Commissioner of Income-tax Vs. Central Stores
Court: Kerala
Decided on: May-28-2003
Reported in: (2004)191CTR(Ker)287; [2004]269ITR241(Ker)
G. Sivarajan J.1. The Commissioner of Income-tax, Trivandrum, has filed this appeal against the order of the Income-tax Appellate Tribunal, Cochin Bench, in I. T. A. No. 737/Cochin of 1995, dated December 20, 1999, affirming the order of the Commissioner of Income-tax (Appeals), sustaining the penalty imposed by the Assessing Officer under Section 271(1)(c) of the Income-tax Act, 1961, for short 'the Act'.2. While admitting the appeal, notice was ordered on the following questions of law :'1. Whether, on the facts and in the circumstances of the case, does Circular No. 451 dated February 17, 1986 (No. 19) (see [1986] 158 ITR 135), relied on by the assessee and the Tribunal contemplate categoric detection of concealment prior to the filing of the return ?2. Whether, on the facts and in the circumstances of the case, and when the circular speaks of 'If the Income-tax Officer has already found material to show that there has been concealment, that would mean the Department has detected th...
Tag this Judgment!Eternit Everest Ltd. Vs. Abraham
Court: Kerala
Decided on: May-27-2003
Reported in: AIR2003Ker273; 2003(2)KLT907
R. Rajendra Babu, J.1. Eternit Everest Ltd., Coimbatore, the Suppl. 3rd defendant in O.S. 16/1987 before the Sub Court, Ottapalam, is the appellant. C.G. Abraham, the 1st respondent herein, filed the suit claiming damages against the 1st defendant, Everest Building Products Ltd., Podanur, Coimbatore, and the 2nd defendant, Haridas Bhagath and Co. (P) Ltd., Coimbatore. During the pendency of the suit the 1st defendant company was taken over by the suppl. 3rd defendant-appellant and hence the suppl. 3rd defendant was impleaded in the suit. The court below decreed the suit partly allowing damages. The above judgment and decree are under challenge in this appeal.2. The case of the plaintiff as revealed from the plaint briefly was as follows: The 1st respondent-plaintiff had constructed a new cinema theatre by name 'Geetha Theatre', at Shornur, and for the roofing of the above theatre, the plaintiff purchased asbestos sheets and accessories manufactured by the 1st defendant from its agent, ...
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