Kerala Court October 2004 Judgments
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Basheer Vs. Mahasakthi Enterprises
Court: Kerala
Decided on: Oct-11-2004
Reported in: 2005(3)KLT163
ORDERR. Basant, J.1. This revision petition is directed against concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I.Act.2. The cheque is for an amount of Rs. 50,000/-. Admittedly, there were transactions between the complainant and the accused regarding supply of ceramic tiles. Admittedly, there was an outstanding liability in favour of the complainant. Admittedly, the cheque in question - Ext.P1 is drawn on a cheque leaf issued by the petitioner's bank to him to operate his account. The cheque was dishonoured on the ground of insufficiency of funds. Notice of demand was duly received and acknowledged. It did not evoke any response. As the payment was not made within the time stipulated by law, the complainant came to Court with the complaint under Section 138 of the N.I.Act.3. The accused denied the offence alleged against him and thereupon, PWs. 1 and 2 were examined on the side of the complainant and Exts.P1 to P6 were marked. The accu...
Thomas Vs. Thomas
Court: Kerala
Decided on: Oct-09-2004
Reported in: II(2005)BC172; 2005(1)KLT297
S. Sankarasubban, J.1. This appeal is preferred by the defendant in O.S.No. 63 of 1999 of the Sub Court, Thodupuzha. Respondent is the plaintiff. The suit was filed for recovery of an amount of Rs. 4,50,000/- with interest thereon. The case of the plaintiff is as follows:2. The plaintiff is an Agriculturist. He is having rubber plantation. He sells the rubber to the defendant, who stores it and sells it at Kochi. The dealing has been going for a long time. The practice is that whenever the quantity of rubber is entrusted to the defendant, a slip will be given by the defendant showing the quantity as well as the price and later on, on producing the slip, the amount will be given. According to the plaintiff, the amount under two slips is due to the plaintiff: Those slips are produced as Exts.A1 and A2 and the value of those slips together comes to Rs. 1 lakh and odd and the rubber was sold in 1994. There is another case for the plaintiff that the defendant has borrowed an amount of Rs. 6...
Mooppan Complex Merchants Association Vs. Raveendran
Court: Kerala
Decided on: Oct-08-2004
Reported in: 2004(3)KLT682
N.K. Sodhi, C.J.1. This petition under Article 227 of the Constitution is directed against the order of the Trial Court dated 23rd July, 2003 disallowing an application of the petitioner to amend the plaint. Mooppan Complex Merchants Association along with some others instituted the suit out of which, the present petition has arisen. The General Secretary of the Association was the second plaintiff. It is common case of.the parties that the Association was not registered at the time when the suit was instituted. However, during the pendency of the suit, the Association obtained registration under the Societies Registration Act, 1860. This registration was obtained on 9.12.2002. It was only on 10.7.2003 that the petitioners chose to file the application under Order 6, Rule 17 of the Code of Civil Procedure seeking amendment of the plaint. The trial Court disallowed the application observing that the amendment, if allowed, will relate back to the date on which the suit was instituted and...
Fr. Simon Vs. Fr. Skaria
Court: Kerala
Decided on: Oct-07-2004
Reported in: 2004(3)KLT620
P.R. Raman, J.1. This appeal arises out of an order in I.A.1969/2004 in O.Section 6/1985 dated 17.7.2004 on the file of the 1st Additional District Court, Ernakulam.2. Appellants are defendants 16, 33, 4, 34, 39, 41, 46 and 47 in the suit and respondents in I.A.1969/2004. The only respondent herein is the 53rd defendant who is the petitioner in the said LA. He filed I.A.1969/2004 before the Court below under Order XXXIX, Rule 1 read with Section 151 of the Code of Civil Procedure praying for an order of temporary injunction restraining the 16th defendant and anybody else claiming under him from issuing any kind of notice or Marriage Deshakuri or like certificates and from representing themselves as the Vicar of the Piravom Valiyapalli and acting as such or doing any kinds of acts or deeds claiming the 16th defendant as the Vicar of the Piravom Valiyapalli and also from convening or conducting any meeting representing any one else other than the respondent herein who is the Vicar of the...
Corporate Educational Agency Vs. Lilly
Court: Kerala
Decided on: Oct-07-2004
Reported in: 2005(1)KLT158
N.K. Sodhi, C.J. 1. This order will dispose of two Writ Appeal Nos. 1416 and 1459 of 2003 both of which are directed against the order passed by a learned Single Judge allowing O.P.No. 36534 of 2002 filed by the first respondent. Since arguments were addressed in W.A. No. 1459 of 2003, the facts are being taken from this case. Counsel for the parties are agreed that the decision in this case shall govern the other case as well. The facts giving rise to the appeal may first be noticed.2. The appellant before us was the 6th respondent in the Writ Petition filed by the first respondent. The writ petitioner had been appointed as a temporary sewing teacher in St. Loui's High School, Mundamvely against the leave vacancy of one Smt. Prestina John. She joined as a temporary teacher on 9.9.1980 and worked upto 5.12.1980. This service was approved by the District Educational Officer. St. Loui's High School was then under an individual educational agency. The management of the school was then bro...
State of Kerala Vs. Unni
Court: Kerala
Decided on: Oct-06-2004
Reported in: 2005(1)KLT714
K.K. Denesan, J.1. Respondents in O.P. No. 25783/2002 are the appellants. The learned Single Judge before whom the case came up for hearing quashed Ext.P2 challenged in the Original Petition holding that the writ petitioners were not liable to be prosecuted for any offence punishable either under Section 56(b) or under Section 57(a) of the Kerala Abkari Act (for short, 'the Act')- It was also declared that Rule 9(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 2002 introduced on 1.4.2002 fixing the strength of ethyl alcohol in toddy drawn from coconut palms as 8.1% v/v was arbitrary and unreasonable and hence illegal and unenforceable. Aggrieved, the State of Kerala and the Excise Authorities have filed this Writ Appeal. It is brought to our notice that the judgment of the learned Single Judge in a connected case, Unni v. State of Kerala, involving identical issues, has been reported in 2003 (3) KLT 306.2. It is pointed out before us that Rule 9(2) of the Kerala Abkari Shops...
Commissioner of Income Tax Vs. Abad Hotels India (P) Ltd.
Court: Kerala
Decided on: Oct-05-2004
Reported in: (2005)193CTR(Ker)408; [2005]272ITR331(Ker); 2004(3)KLT804
S. Sankarasubban, J.1. Reference in the above case are as follows:'1. Whether, on the facts and in the circumstances of the case, is not the assessee exigible to Expenditure Tax Act?2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the Expenditure Tax Act would apply only to the category of hotels identified by a bench mark of a minimum rent of above Rs. 400/- for any type of accommodation?'2. Assessee is a private limited Company running a hotel by name 'Abad Plaza'. For the assessment years 1989-90 and 1990-91, the Assessing Officer held that the assessee was liable to tax under the Expenditure Tax Act in view of the rent charges for the hotel rooms exceeding the limit prescribed under Section 3 of the Expenditure Tax Act. The Assessing Officer noticed that in respect of Suite No. 501 rent charged by the hotel was Rs. 700/- per day. Expenditure tax was accordingly levied on the entire hotel receipts collected by the assessee d...
Abdul Hakeem Haji Vs. Nandagopalan
Court: Kerala
Decided on: Oct-05-2004
Reported in: 2004(3)KLT797
K.S. Radhakrishnan, J. 1. This Writ Petition has been filed under Article 227 of the Constitution of India seeking a declaration that proceedings under Section 5 of the Kerala Buildings (lease and Rent Control) Act for fixation of fair rent pending before Civil Courts should in view of the decision of this Court in Edger Ferus v. Abraham Ittycheria (2004 (1) KLT 767) be transmitted suo motu by the Civil Courts themselves to the concerned Rent Control Courts so as to enable to Rent Control Courts to continue the proceedings.2. Writ petitioner is the owner of a commercial building consisting of five shop rooms. At the time of entrustment, he was only getting Rs. 350/- per month towards rent. Considering the importance of the locality, he sought for enhancement of the rent which was not acceded to by the tenant. Consequently he filed O.S. No. 24 of 2003 before the Sub Court, Manjeri for fixation of fair rent in the light of the decision of this Court in George v. State of Kerala (2000 (2)...
Kerala State Co-operative Bank Ltd. Vs. Kerala Co-operative Tribunal
Court: Kerala
Decided on: Oct-05-2004
Reported in: 2005(1)KLT572
K.A. AbduI Gafoor, J.1. These Writ Petitions have been referred for consideration by a Division Bench as the learned Single Judge felt that the matter regarding award of pendente lite interest in the disputes of monetary transaction raised under S .69 of the Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act') requires further consideration.2. Many of the Writ Petitions have been filed by the Co-operative Societies which advanced loans to the members or customers, as the case may be. The loans included agricultural loan, housing loan and commercial loan. In all these cases, there was default in repayment. This resulted in filing the claim petitions before the Arbitrator by the respective co-operative societies/banks under Section 69 of the Act. The Arbitrators passed awards directing the loanees to pay interest at contract rate. That interest covered the post award period as well. Loanees went in Appeal/Revision either immediately after passing of the awards or when ...
Cit Vs. Abad Hotels India (P) Ltd.
Court: Kerala
Decided on: Oct-05-2004
Reported in: [2005]142TAXMAN29(Ker)
S. Sankarasubban, J.References in the above case are as follows :'1. Whether, on the facts and in the circumstances of the case, is not the assessee exigible to Expenditure Tax Act ?2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the Expenditure Tax Act would apply only to the category of hotels identified by a bench mark of a minimum rent of above Rs. 400 for any type of accommodation ?'2. Assessee is a private limited company running a hotel by name 'Abad Plaza'. For the assessment years 1989-90 and 1990-91, the assessing officer held that the assessee was liable to tax under the Expenditure Tax Act in view of the rent charges for the hotel rooms exceeding the limit prescribed under section 3 of the Expenditure Tax Act. The assessing officer noticed that in respect of Suite No. 501 rent charged by the hotel was Rs. 700 per day. Expenditure tax was accordingly levied on the entire hotel receipts collected by the assessee duri...
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