Kerala Court November 2004 Judgments
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Yesbee Carbotic Pvt. Ltd. Vs. State of Kerala
Court: Kerala
Decided on: Nov-04-2004
Reported in: 2005(1)KLT388
S. Sankarasubban, J.1. This revision is filed by the assessee. Assessment year relates to 1997-98. The assessee used to purchase Carbon Dioxide in gaseous form from F.A.C.T. after suffering tax thereon. The assessee effects sales of liquefied Carbon Dioxide in cylinders and hence, what is purchased and sold is Carbon Dioxide and therefore, the sale of Carbon Dioxide in the hands of the assessee is the second sale in exigible to tax. The levy of tax of Carbon Dioxide under Entry 61 of the 1st Schedule to the Kerala General Sales Tax Act is at the point of first sale in the State. The contention of the petitioner was not accepted by the Authorities below including the Appellate Tribunal. It is in that circumstances that the petitioner has approached this Court.2. Learned counsel for the petitioner brought to our notice that there is no manufacture involving change of gaseous Carbon Dioxide into liquid Carbon Dioxide. According to him, the petitioner obtained Carbon Dioxide in gaseous for...
Baby Marine Sarass Vs. Triton Marinex
Court: Kerala
Decided on: Nov-04-2004
Reported in: AIR2005Ker132; 2005(2)ALD(Cri)9; IV(2006)BC104; [2006]129CompCas625(Ker); 2005(1)KLT782
S. Sankarasubban, J.1. This F.A.O. is filed against the judgment passed by the Court below on 13.1.2004 in O.S.No. 16 of 2001 of the 3rd Additional Sub Court, Ernakulam. By the impugned judgment, the Court below has held that it has no territorial jurisdiction to entertain the suit. Hence, the suit was returned for presentation before proper Court. The plaintiff has come in appeal. The facts of the case are as follows:2. Plaintiff in this case is M/s. Baby Marine Sarass, a Partnership Firm registered under the Indian Partnership Act and having its registered office at Majaly, Karwar, Karnataka represented by its Managing Partner George K. Ninan. The first defendant is M/s.Triton Marinex, Revathala, Malvin District, Sindhu Durg, Maharashtra. Second Defendant is Arvind Varma, Maharashtra and the third defendant is Sumedha Varma. The suit was filed for money due under a cheque. According to the plaintiff, it is engaged in the business of processing and export of marine products and the fi...
St. John's Jacobite Syrian Church Vs. Fr. John Moolamattom
Court: Kerala
Decided on: Nov-03-2004
Reported in: 2005(1)KLT307
ORDERP.R. Raman, J.1. Defendants are the petitioners. The suit O.S.35/2002 was instituted by the respondent herein as plaintiff for a permanent prohibitory injunction against defendants 2 to 9 or anybody else claiming under them from interfering with the plaintiffs rights to discharge the duties of parish priest of the first defendant church including conducting Holy Mass and discharging all other religious functions of the said Church and all its institutions, in pursuance of the memorandum of understanding dated 23.1.1999 and in pursuance of Kalpana No. 19 of 2002 dated 17.8.2002 of Metropolitan of Kandanadu Diocese East appointing the plaintiff as Vicar of 1st defendant church.2. The plaintiff claimed to be the Assistant Vicar of the first defendant church. According to the plaint allegations, at the time of his appointment, the Vicar of the church was one Rev. Fr.Mary Das Stephen, that there was some dispute regarding the iatters continuance as Vicar which eventually led to a law a...
Chacko Vs. K.S.E.B.
Court: Kerala
Decided on: Nov-03-2004
Reported in: 2005(1)KLT867
K.K. Denesan, J.1. Petitioner while working as Assistant Engineer retired on 31.8.1999 from the Kerala State Electricity Board (for short, 'the Board'). Sanction was accorded by the W.P.(C) No. 34470 of 2003. Decided on 3rd November, 2004. respondents for payment of pension, D.C.R.G. and other terminal benefits due to the petitioner and after obtaining the non liability certificate from the competent authority the entire amount sanctioned was paid to him.2. While the petitioner was receiving his monthly pension on the basis of the orders thus passed by the Board, the pay scales of the Board employees were revised necessitating recomputation of the pensionary benefits. Accordingly, petitioner's pension as also Death-cum-Retirement Gratuity was revised and he was told that the arrears of D.C.R.G. due on that account would be disbursed to him in eight half yearly instalments. Petitioner was paid five instalments of arrears of D.C.R.G. as ordered by the Board. At that stage, there was a tu...
Joseph A.A. Vs. Union Bank of India and ors.
Court: Kerala
Decided on: Nov-02-2004
Reported in: (2005)IILLJ697Ker
J.B. Koshy, J.1. Appellant/petitioner, an Ex-serviceman, while working as Armed Guard in the Panambilly Nagar Branch of the respondent Bank, was prosecuted on the allegation that he has stolen a signed blank cheque of customer of the Bank and then used it for his own purpose and he was convicted by the Chief Judicial Magistrate Court, Ernakulam. He was suspended by Exhibit P2 memo dated May 8, 1998. He was dismissed from service by Exhibit P3 order dated August 1, 1997 as he was convicted in the criminal case. No departmental enquiry was conducted against him. By Exhibit P4 appellate judgment dated September 4, 1997, he was acquitted. He made several representations like Exhibits P5 and P6 to the management for reinstatement. On February 3, 1998 by Exhibit P7 memo he was informed that it was decided by the management to reinstate him in service without pay and allowances for the intervening period and he was asked to await posting. Thereafter, he was posted only on February 18, 1998 by...
Saj Flight Services Pvt. Ltd. Vs. Louis Pereira
Court: Kerala
Decided on: Nov-01-2004
Reported in: 2005(1)KLT577
M. Ramachandran, J.1. Ext.P5 order, in W.P.(C) No. 9227 of 2004, had been passed by the Rent Control Court, Trivandrum in LA. No. 1716 of 2004 in R.C.P. No. 52 of 2003, a petition filed by the Revision Petitioner herein who is the counter petitioner in the R.C.P. Likewise, Exhibit P6 order, in W.P.(C) No. 9228 of 2004, had been passed in I.A. No. 1717 of 2004 in R.C.P. No. 28 of 2003 of the same Rent Control Court.2. Interim applications had been filed by the petitioners herein requesting that trial of the R.C.Ps. may be stayed in view of the circumstances that a suit filed by the petitioner as O.S.No.172of 2003 is pending before the Sub Court, Trivandrum, seeking for specific performance as there was an agreement between the parties for the sale of the buildings concerned from which the building owner had backed out. The contention of the petitioner was that the respondents have agreed to sell their property and part payment towards the agreed consideration had been paid and the respo...
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