Kerala Court March 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ratheesh Kumar Vs. Jithendra Kumar
Court: Kerala
Decided on: Mar-22-2005
Reported in: 2005(2)KLT669
ORDERR. Bhaskaran, J.1. These Rent Control Revisions are filed against the common judgment of the Additional Rent Control Appellate Authority, Alappuzha, in R.C.A. Nos. 20, 37, 38, 40, 41 & 442 of 2001. There were six Rent Control Petitions filed by the same landlord against six separate tenants. The tenants were in occupation of a line building in Alappuzha Town. The landlord sought eviction of the buildings on the ground of arrears of rent as against the respondents in R.C.P.Nos. 20, 22 and 25 of 1997. He also sought eviction on the ground of bona fide need for occupation against all the respondents. The parties are here-in-after referred to according to their status in the Rent Control Petitions.2. The Rent Control Petitions were filed stating that the 10 rooms having Municipal Numbers AMCW.19/496 to 503 and 485 and 517 belonged to the landlord as per partition deed No.2465/1987 of SRO, Alappuzha. For the purpose of disposal of these revisions, it is not necessary to state the facts...
Jose Thomas Vs. Union of India (Uoi)
Court: Kerala
Decided on: Mar-22-2005
Reported in: 2006(1)KLT1000
K.T. Sankaran, J.1. The petitioner, claiming to be an informer to the authorities concerned in respect of the illegal ganja cultivation in Kumbakkallu area in Idukki District, claims a sum of Rs. 46 crores as reward. The petitioner claims to be a poor farmer belonging to Baisonvalley Village in Idukki District. The case put forward in the Original Petition is that a search was conducted on 17th, 18th, 19th and 20th March, 2002 in Kottakumpur Village, by the Excise Officials of Malappuram, on the information supplied by the petitioner and ganja plants which would yield crop of the value of Rs.70 crores were destroyed by the Excise Officials. In May, in another operation in Kottakumpur Village in Idukki District by the State Excise Division of Malappuram, on the information given by the petitioner, ganja plants having a potential yield of ganja worth Rs. 60 crores were destroyed. Though it is stated that the operation was in May, the year is not mentioned. Another averment in the Origina...
Oriental Insurance Co. Ltd. Vs. Kali
Court: Kerala
Decided on: Mar-21-2005
Reported in: III(2005)ACC275; 2005ACJ1604; 2005(2)KLT490
K.A. Abdul Gafoor, J.1. The only contention urged by the appellant/insurer in this appeal is that it shall be allowed to recover the amount paid to the claimant as the driver did not have a valid driving licence as on the date of accident viz., 28.3.1995. Ext.B2 is the licence particulars. It shows that the driving licence issued to the 6th respondent had expired on 14.3.1995.M.F.A. No. 1266 of 2002. Decided on 21st March, 2005.2. Going by the proviso to Section 14 of the Motor Vehicles Act, 1988 'every driving licence shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry.'3. Thus, as on the date of accident as mentioned above, the said one month period had not run out. The licence was, notwithstanding its expiry, effective as on the date of accident. Necessarily, the contention of the insurer cannot be accepted.Appeal fails, dismissed....
Perinigottukara Namboodiri Yogakshema Sabha Vs. Sreelatha
Court: Kerala
Decided on: Mar-21-2005
Reported in: 2005(2)KLT480
ORDERPius C. Kuriakose, J.1. This Transfer Petition seeks transfer of a petition for eviction under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 presently pending before the Rent Control Court, Ernakulam, over to the Subordinate Judge's Court, Thrissur for the purpose of joint trial with a mortgage suit pending before that Court. The petitioners are the respondents in the Rent Control Petition. Petitioners in the Rent Control Petition are the legal heirs of one Radhakrishnan who was the 7th defendant in the suit. The suit was for recovery of about Rs. 15 lakhs allegedly advanced by the plaintiff-1st petitioner to the 10th defendant in the suit, a Trust by name Pallath Prabhakaran Master Memorial Trust. The case of the plaintiff in the suit is that amounts were advanced to the defendants on the security of immovable properties mentioned in the schedule to the plaint, being equitably mortgaged in favour of the plaintiff. According to the petitioners, the bu...
Prajeev Vs. State of Kerala
Court: Kerala
Decided on: Mar-21-2005
Reported in: 2005(3)KLT357; (2007)8VST382(Ker)
C.N. Ramachandran Nair, J.1. The common petitioner in both the W.Ps. is a dealer in timber, an item taxable under the Vth Schedule to the Kerala General Sales Tax Act (hereinafter called 'the Act'). Under the scheme of levy of tax under Vth Schedule, timber attracts tax at the point of first sale in the State at the rate of 10% if such sale is to a registered dealer and again taxable at the point of last sale by a registered dealer at the rate of 2%. The assessments of the petitioner for the years 1998-99 to 2001-2002 were completed under Section 17(4) of the Act based on statements filed by the petitioner in Form No. 21CC prescribed under Rule 18A of the K.G.S.T. Rules. It is seen from the said assessment orders produced as Exts.P1 to P4 in both the above W.Ps. that the officer completed the assessments as 'Nil' assessments probably because the annual turnover declared and accepted for all the four years was below Rs. 2 lakhs. However, later officer issued Section 19(1) notice for all...
G.T.N. Textiles Ltd. Vs. Deputy Commissioner of Income Tax and anr.
Court: Kerala
Decided on: Mar-18-2005
Reported in: (2005)195CTR(Ker)506; [2005]279ITR72(Ker); 2005(3)KLT594
K.S. Radhakrishnan, J. 1. ITA Nos. 7 and 38 of 1999 relate to the asst. yr. 1991-92 which arises out of an order in ITA 748/Coch/1994 and ITA 881/Coch/1994, and ITA No. 80 of 2002 relates to the asst. yr. 1992-93 which arises out of the order in ITA 427/Coch/1996. The issue involved in all these appeals is the same. Hence, we are disposing of these cases by a common judgment.2. Assessee is engaged in the business of running a textile mill. For the year 1991-92, while claiming deduction under Section 80HHC, assessee included bank interest and interest on income-tax refund and commission received on sale of machinery and cotton canvassing under the head 'business'. Assessing authority did not agree with the claim and assessed all the items under the head 'other sources'. Aggrieved by the same, assessee preferred an appeal before the AAC and contended that interest received on deposit of surplus money earned during the course of business operation for short periods was business income and...
T.A. Abdul Khader Vs. Commissioner of Wealth Tax
Court: Kerala
Decided on: Mar-18-2005
Reported in: (2005)195CTR(Ker)513; [2006]280ITR420(Ker); 2005(3)KLT445
K.S. Radhakrishnan, J. 1. The Tribunal, Cochin Bench, in compliance with the direction of this Court in OP No. 22358 of 1997 referred certain questions of law which are consolidated as redrafted by us as follows for our consideration under Section 27(3) of the WT Act :'Whether, on the facts and circumstances of the case, was the Tribunal justified in upholding the valuation of the building under s, 5(1) of the WT Act based on market rent or rent receivable after ignoring municipal valuation which was based on actual rent paid for the building by the tenant firm constituted by the assessee and family members as partners ?'Assessee had preferred four appeals, WTA Nos. 357 to 360/Coch/1991, for the asst. yrs. 1983-84 to 1986-87, before the Tribunal, Cochin Bench. First ground, which is common in all the four appeals, was with regard to the valuation of multi-storeyed building belonging to the assessee at Changanacherry town. Assessee had constructed a building on a plot of 7 cents of land...
indira Vs. Union of India (Uoi)
Court: Kerala
Decided on: Mar-18-2005
Reported in: 2005(3)KLT1071
C.N. Ramachandran Nair, J.1. The petitioner is the wife of one Mr. M. Radhakrishnan who while in the service of the Army as a Sepoey was found missing from 5.10.1995 onwards. The Army declared him a deserter under Section 106 of the Army Act and after waiting for three years, on 5.11.1998 the said Mr. Radhakrishnan was dismissed from service. The dismissal is communicated to his wife namely, the petitioner. While counsel for the petitioner contended that petitioner's husband is missing while he was in service and by virtue of Section 108 of the Indian Evidence Act, 1872 there is a presumption of death after seven years from the date of missing and therefore, petitioner's husband should be taken to have died in service and all consequential benefits should be given to his family, the Additional Central Government Standing Counsel appearing for the respondents contended that since petitioner's husband was declared as a deserter and was dismissed from service, no benefits including pensio...
State of Kerala Vs. Chelur Corporation
Court: Kerala
Decided on: Mar-18-2005
Reported in: [2005]142STC176(Ker)
K.S. Radhakrishnan, J.1. Revenue has come up with this revision against the order passed by the Sales Tax Appellate Tribunal in T.A. Nos. 267 of 1989 and 808 of 1995.2. T.A. No. 267 of 1989 is the appeal filed by the Revenue against the order of the Deputy Commissioner (Appeals) for the year 1983-84. Assessee is the manufacturer of slotted angles, panels and accessories. For the year 1983-84 assessing authority had assessed slotted angles at the rate of 12 per cent as an item coming under entry 145 of the First Schedule to the Kerala General Sales Tax Act, 1963 as it stood prior to April 1, 1984, which read as follows: Sl. Description of Point of levy Rate of tax No. goods 145. Safes, almirahs and At the point of first sale 12 per cent furniture made of in the State by a dealer iron or steel who is liable to tax under Section 5Aggrieved by the order of the assessing authority, assessee took up the matter in appeal before the Deputy Commissioner (Appeals). Deputy Commissioner accepted ...
Padma Vs. Anila Mathew
Court: Kerala
Decided on: Mar-18-2005
Reported in: 2005(4)KLT514
ORDERR. Bhaskaran, J.1. This Civil Revision Petition is filed by the 3rd judgment debtor in O.S. No. 138 of 1985 on the file of the Additional Munsiff's Court, Kottayam. The suit was for recovery of possession on the strength of title and it was decreed ex parte against defendants 1 to 3 on 18-6-1986. Subsequently the 1st defendant filed I.A.1973 of 1987 to set aside the ex parte decree. Though the trial court dismissed that application, the appellate court in C.M.A. No. 83 of 1988 allowed the same by order dated 21-5-1993. Subsequently, the trial court passed a fresh decree against the 1st defendant, by judgment and decree dated 5-11-1996. On 23-1-1998, the decree-holder filed E.P. No. 64 of 1998 to execute the decree against all the defendants. In that application, the decree sought to be executed was shown as the decree dated 5-11-1996. Subsequently, on 24.10.2001, the decree-holder filed E.A. No. 284 of 2001 to amend the execution petition to include the date of decree as 18-6-1986...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- Next ›
- Last »