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Kerala Court December 2004 Judgments

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Dec 01 2004

Abdul Azeez Vs. Punjab National Bank

Court: Kerala

Decided on: Dec-01-2004

Reported in: III(2006)BC279; [2005]127CompCas514(Ker); 2005(1)KLT243; [2005]64SCL44(Ker)

K.S. Radhakrishnan, J.1. Whether Bank can call in aid the provisions of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'Securitisation Act') against a borrower at a time when the question of liability of the borrower to the Bank and the question relating to the correct amount payable, are pending consideration before the Civil Court between the parties, is the question that has been posed in these cases.2. Writ Petitioner was served with notice dated 10.2.2004 by the Punjab National Bank Under Section 13(4) of the Securitisation Act calling upon him to pay the amount of Rs. 6,17,058/- towards the outstanding amount under the loan availed of by him in respect of M/s. M.S. Oils and Rs. 7,11,708/- towards the outstanding amount under the loan availed of by him in respect of M/s. S.B. Bricks, within a period of sixty days from the date of receipt of the notice; failing which it was informed that the secured ...


Dec 01 2004

Abdul Hameed Vs. Mohammed Nizzar

Court: Kerala

Decided on: Dec-01-2004

Reported in: 2005(1)KLT568

S. Sankarasubban, J.1. A.S. No. 414 of 1996 is filed against the judgment and decree in O.S. No. 801 of 1993 of the Principal Sub Court, Kottayam. A.S. No. 723 of 1996 is filed against the judgment and decree in O.S. No. 253 of 1994 of the same Court. Both O.S. Nos. 801 of 1993 and 253 of 1994 were heard together and a common judgment was pronounced. A.S.No.414ofl996isfiledbythedefendantsin O.S.No.801 of 1993 while A.S.No.723 of 1996 is filed by the plaintiff in O.S.No.253 of 1994. First, we shall deal with the facts in A.S. No. 414 of 1996.2. In O.S. No. 801 of 1993, the plaintiff is K. A.Mohammed Nizzar. Defendants are Abdul Hameed and Fathima Kunju. The plaintiff in the suit is the sister's son of the first defendant. The second defendant is the wife of the first defendant. The suit was filed by the plaintiff for specific performance of an agreement, which was produced as Ext..B1 of the same date. According to the plaintiff in O.S. No. 801 of 1993, the plaintiff entered into an agre...


Dec 01 2004

Commissioner of Income Tax Vs. Deep Arts

Court: Kerala

Decided on: Dec-01-2004

Reported in: (2005)194CTR(Ker)181; [2005]274ITR571(Ker); 2005(1)KLT670

K.S. Radhakrishnan, J.1. Whether Assessing Officer has got jurisdiction to make an assessment under Section 158BC read with Section 158BD of the Income Tax Act in the absence of search conducted under Section 132 of the Act in the premises of the assessee, is the question posed before us. The Tribunal took the view that since no search has been conducted under Section 132 of the Income Tax Act in the premises of the assessee in respect of his business it would be illegal to make an assessment under Section 158BC read with Section 158BD as has been done by the Assessing Officer.2. Assessee, a partnership firm, engaged in the business of manufacture and sale of note books, greeting cards, X'mas cards etc. has been assessed to tax from the assessment year 1986-87 onwards. M/s. Don Bosco Industries, Kollam, is the sister concern. Business premises of Don Bosco Industries was searched as per the provisions of Section 132 of the Act. Certain books of account and document relating to the asse...


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