Kerala Court June 2005 Judgments
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Kallettumkara Service Co-operative Bank Vs. Registrar of Co-operative ...
Court: Kerala
Decided on: Jun-16-2005
Reported in: [2006]131CompCas172(Ker); 2005(3)KLT483
K.S. Radhakrishnan, J.1. Power of the Registrar to issue Circular No. 35/01 dated 27.9.2001 directing the Co-operative Societies in the State to permit the borrowers to settle their outstanding loan at the document rate or at the then existing rate whichever is less excluding penal interest and compound interest is under challenge in this appeal.2. Petitioner appellant is a service co-operative bank registered under the provisions of the Kerala Co-operative Societies Act. Bank is engaged in the business of collecting deposits from its customers and lending money to its customers. Bank used to receive deposits from its customers agreeing to repay the same with interest at the rate of 15.5% per annum. Members of the bank used to avail of loan with interest at the rate of 18% per annum. If Ext.P1 circular is given effect to the bank has to settle the loan transaction at the rate of 13.5% which was the lending rate at the time of the circular, at the same time, bank has to pay 15% interest...
Gracy Vs. Mathiri
Court: Kerala
Decided on: Jun-16-2005
Reported in: AIR2005Ker314; I(2006)DMC246; 2005(3)KLT412
Kurian Joseph, J.1. The validity of a marriage performed in a foreign country between parties, one of whom is an Indian citizen is the issue mainly arising for consideration in this appeal. The law governing the point is Foreign Marriage Act, 1969 (Act 33 of 1969). Appellants are the defendants in O.S.I 140/95 on the file of the Subordinate Judge's Court, Thrissur. The suit was one filed for a declaration that 'the plaintiffs alone are the legal heirs of deceased P.A. Joseph and that the plaint schedule property belongs absolutely to the plaintiffs and consequently to restrain the defendants by a permanent prohibitory injunction from interfering with the possession and enjoyment of the plaint schedule property'.2. The facts to the extent relevant are: Sri. George Andrew is the brother of deceased P.A. Joseph. Though there is a daughter by name Alphy Joseph to the deceased P.A. Joseph, her whereabouts are not known for about one and half decades. George Andrew, after divorcing the first...
United India Insurance Co. Ltd. Vs. Annakutty
Court: Kerala
Decided on: Jun-16-2005
Reported in: III(2005)ACC881; [2005(107)FLR595]; 2005(3)KLT555; (2005)IIILLJ824Ker
K.A. Abdul Gafoor, J.1. Insurer is the appellant. The appellant assails the order of the Workmen's Compensation Commissioner in favour of the respondents, dependents of a deceased workman. He was a driver. He succumbed to injuries on 28.3.2002, when a jeep of his employer driven by him hit on another stationary vehicle. The 1st respondent/claimant claimed compensation in terms of the provisions contained in the Workmen's Compensation Act, 1923. The employer remained ex-pane. The insurer/appellant contested the matter. It was contended on behalf of the appellant that the workman did not have a licence to drive a motor vehicle. Therefore his action was unauthorized. So this dependent was not entitled to claim compensation. The dependent, the mother of the deceased contended that he did have a driving licence. Any how, based on the evidence on record the Tribunal came to the conclusion that he was authorized to drive the vehicle by his employer. It was contended by the 1st respondent/clai...
Shoukkathali Vs. State of Kerala
Court: Kerala
Decided on: Jun-16-2005
Reported in: 2005(3)KLT634
ORDERM. Sasidharan Nambiar, J.1. Second, respondent/complainant filed Annexure I complaint before the Judicial First Class Magistrate-Ill, Neyyattinkara alleging that first accused Sub Inspector along with four Constables committed offences under Sections 342, 323 and 324 read with Section 34 of Indian Penal Code. The learned Magistrate took cognizance of the case before framing the charge. First accused, Sub Inspector filed a petition under Section 197 of Code of Criminal Procedure contending that the alleged offence was committed in discharge of his official duty as a Police Officer and therefore he is entitled to protection provided under Section 197 of Cr.P.C. and sanction is necessary before taking cognizance of the offences. The learned Magistrate did not pass any order in the petition. Instead charge was framed against all the accused including the petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash the complaint and the charges as against...
Carborundum Universal Limited Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jun-16-2005
Reported in: [2006]147STC408(Ker)
Thottathil B. Radhakrishnan, J.1. Petitioner challenges exhibit P7 order of assessment issued by the third respondent determining the tax payable by the petitioner, for the assessment year 2000-01, under the Central Sales Tax Act, 1956 (hereinafter referred to as 'the CST Act').2. In reply to exhibit PI notice issued under Section 7(3) of the Kerala General Sales Tax Act, 1963, hereinafter 'the KGST Act', for short, and exhibit P2 notice issued under Section 6(5) of the CST Act, the petitioner submitted exhibits P3 and P4 replies respectively and exhibit P5, an additional reply to exhibit P2 notice under the CST Act.3. Following the above, the assessment under the KGST Act was completed as per exhibit P6 and the impugned exhibit P7 was issued completing the assessment under the CST Act.4. Notwithstanding the availability of a statutory remedy by way of appeal against it, exhibit P7 assessment order is challenged invoking Article 226 of the Constitution of India, contending that the sam...
Fashion Jewellers and Exporters Vs. Sales Tax Officer
Court: Kerala
Decided on: Jun-15-2005
Reported in: 2005(3)KLT353; (2007)9VST505(Ker)
K.S. Radhakrishnan, J.1. Whether levy of penal interest for the delayed payment of additional sales tax payable under Section 5D of the Kerala General Sales Tax Act is justified or not is the question that has come up for consideration in this case.2. Assessee is a dealer in gold ornaments. They opted to pay tax at the compounded rates under Section 7 of the KGST Act for the year 2001-02. The request of the assessee was accepted by the assessing authority. Later a demand notice No. 25153901/2001-02 dated nil was served on the petitioner informing him that he was permitted to pay a sum of Rs. 1 1,26,825/- for the period from 1.4.2001 to 31.3.2002 under Section 7(I)(a) of the Act. Petitioner was informed that the amount should be payable in monthly/quarterly instalments of Rs. 93,903/-. Later books of accounts were called for verification by the assessing authority. Assessee had conceded a total and taxable turnover of Rs. 5,40,04,824-99 and 2,57,38,130-97 respectively for the year. Fina...
Sasi Vs. Saidali
Court: Kerala
Decided on: Jun-15-2005
Reported in: III(2005)ACC823; 2005(3)KLT496
K.A. Abdul Gafoor, J.1. The owner and driver of a tractor fitted with a trailer, which met with the accident, have come up with this appeal assailing that portion of the impugned award of the Motor Accidents Tribunal, which directs the payment of compensation to the dependents of the deceased, less Rs. 50,000/-, for which the insurer was made liable.2. The Writ Petition is filed by the wife of the first appellant, when revenue recovery proceedings was initiated, to recover the award amount, as the amount deposited as per the interim order in the appeal fell short of the interim direction.3. It is contended by the appellant that the insurance policy - Ext.B1, reveals that the 'tractor with trailer No. GT/192/95 has been insured in terms of the Motor Vehicles Act to cover the liability in terms of the Act'. The accident occurred after 14.11.1994. Therefore, the deceased, who was travelling in the trailer which did carry bricks, as is revealed by Ext.A1 F.I.R., was covered by the policy, ...
Union of India (Uoi) Vs. Lilly Vasudevan
Court: Kerala
Decided on: Jun-15-2005
Reported in: 2005(3)KLT1068
M. Ramachandran, J.1. An order passed by the Central Administrative Tribunal in O.A.No. 906 of 2003 dated 12-2-2004 is under challenge. On the basis of Annexure A-1 envisaged for grant of benefits under the scheme for Assured Career Progression, the Central Government had formulated principles which would have been normally applicable, for conferment of benefits of grades to persons, taking notice of their regular service in cases, where promotions had not been received by them. In a normal case, if no promotion had been received by the person concerned, the higher grade has to be given if a screening committee cleared the case if twelve years' service was there. After putting in twenty four years service, normally there arose entitlement for the second higher grade.2. When claims had been raised by the applicants, it was refused to be taken notice of on the stand that Women Searchers in the Commissionerate of Central Excise and Customs, could not have claimed promotion to the next cat...
Vrindavan Hotels (P) Ltd. Vs. E.S.i. Corporation
Court: Kerala
Decided on: Jun-14-2005
Reported in: [2005(107)FLR592]; 2005(3)KLT577; (2005)IIILLJ709Ker
K.A. Abdul Gafoor, J.1. A private limited company is the appellant. It came into existence on 1.2.1994. It is a company engaged in a family business of conducting hotel. Even before the formation of the company, the hotel business was being conducted. There was a restaurant and a bar attached to the hotel by name Dwaraka Hotel. As regards the coverage of the employees engaged in the hotel including the bar, there were disputes including as to whether bar was a different establishment. Finally, the matter went up to the Supreme Court and the employer could not succeed. Later, the employer filed an application seeking de-coverage from the Act from 1.10.1989. That was not accepted by the Employees' State Insurance Corporation on the ground that bar and restaurant wera part and parcel of the hotel business. It was thereafter the company was formed with the name 'Vrindavan Hotels Limited'. The restaurant facility available in the hotel was being run by a lessee, who had been employing his o...
Oriental Insurance Co. Ltd. Vs. Thankappan
Court: Kerala
Decided on: Jun-14-2005
Reported in: 2006ACJ554; 2005(3)KLT480; (2005)IIILLJ649Ker
K.A. Abdul Gafoor, J.1. The Writ Petition is by the 1st respondent in the appeal filed by the insurer. The contentions raised in the appeal by the insurer is that admittedly by the parties, the death of the workman occurred due to drowning. This cannot have any casual connection with his employment as a conductor in the bus insured with the appellant. So the death did not occur during the course of employment and the respondents are not entitled to the compensation in terms of the Workmen's Compensation Act which shall have to be paid by the appellant on the strength of the insurance policy in force. In support of this contention has appellant relies on the decision of the Apex Court in E.S.I. Corporation v. Francis De Costa, 1996 (2) KLT 799, and a decision of the Division Bench of this Court reported in Travancore Titanium Products Ltd. v. Jerro, 2000 (1) KLT 643.2. It is submitted by the counsel for the first respondent who has filed Writ Petition No. 15973/05, that the facts proved...
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