Kerala Court October 2006 Judgments
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E.S.i. Corporation Vs. Rajagopal Textile Mills (P) Ltd.
Court: Kerala
Decided on: Oct-26-2006
Reported in: 2006(4)KLT730
ORDERThottathil B. Radhakrishnan, J.1. Is a judgment of an inferior court, rendered contrary to a binding earlier decision of a superior court, liable to be reviewed on that count? This is the short issue for consideration in this application for review.2. One of the issues that arose for decision in I.C.No.25 of 1996 filed by the respondent-establishment before the Employees' Insurance Court, Palakkad, for short, the 'E.I.Court', was as to whether holiday wages will amount to wages within the meaning of Section 2(22) of the Employees' State Insurance Act, 1948, hereinafter, the 'ESI Act', for short. The E.I.Court, following the decision of the Full Bench of this Court in E.S.I. Corporation v. Malabar Cashewnut and Allied Products 1993 (1) L.L.J. 596 answered that issue against the Corporation by order dated 4-5-1998. Employees' State Insurance Corporation, hereinafter referred to as the 'Corporation', for short, appealed against that decision to this Court, contending that S.L.P.(C) N...
Kerala Textile and Garments Dealers Welfare Association Vs. State of K ...
Court: Kerala
Decided on: Oct-26-2006
Reported in: 2007(1)KLT165; (2009)24VST104(Ker)
K. Balakrishnan Nair, J.W.P. (C) No. 33568/20051. The point that arises for decision in this Writ Petition is whether the inclusion of Silk fabrics and sarees made of natural silk as item No. 116 in the 3rd Schedule to the Kerala Value Added Tax Act, 2003, is unconstitutional. The first petitioner is an Association of Textile and Garments Dealers of Kerala. The second petitioner is one of its members. All textile fabrics were excluded from the levy of sales tax and subsequently from the value added tax also. While so, the Kerala Value Added Tax Act, 2003 was amended by the Kerala Value Added Tax (Amendment) Act, 2005 and Silk fabrics and sarees made of natural silk were included as serial No. 116 in the 3rd Schedule to the KVAT Act. The result was that with effect from 28.8.2005, VAT at the rate of 4% was payable on Silk fabrics and sarees made of natural silk. The petitioners, aggrieved by the inclusion of the said item, as a taxable item under the KVAT Act, have filed this Writ Petit...
Thomas Paul Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2006
Reported in: 2007(1)KLT267
Pius C. Kuriakose, J.1. The question which arises for decision in this case is whetherthe distance rule under Section 220(b) of the Kerala Panchayat RajAct, 1994 will apply to properties which abut all roads situatedwithin the limits of a Panchayat, even in the absence of a notification under Rule 3 of the Kerala Panchayat Raj (Manner of Publication of Notification or Notice) Rules, 1996 notifying the same as a public road for the purpose of Section 220(b) of the Act.2. Ext. P4 order passed by the 3rd respondent-Karukutty GramaPanchayat directing demolition of a newly constructed building as well as Ext. P8 order passed by the 2nd respondent-Tribunal for Local Self Government Institutions on an appeal against Ext. P4 are under challenge in this Writ Petition filed by persons who constructed the building. The property upon which the construction is made is situated on the side of a road by name 'Karukutty Railway Station road'. The South Indian Bank which was approached by the petitione...
Alungaprambil Abdul Khader Suhud Vs. State of Kerala and anr.
Court: Kerala
Decided on: Oct-26-2006
Reported in: I(2007)DMC38
S. Siri Jagan, J.1. The petitioner is a Muslim. He originally married one Mrs. Tahira. The said marriage was dissolved as per the procedure prescribed under the personal law of the petitioner on 27.12.2004. Now the petitioner desires to marry another lady and wants the marriage solemnized and registered under the provisions of the Special Marriage Act, 1954. Under the Special Marriage Act, a marriage cannot be registered under the Act if another spouse is living. Therefore, the Marriage Registrar insisted on production of a Court decree dissolving the earlier marriage for solemnization and registration of the petitioner's second marriage. According to the petitioner, a Muslim, as per personal law, need not get a decree from a Civil Court for a valid divorce of his wife and what he needs is only a certificate from the concerned Juma-Ath to the effect that divorce has been effected in accordance with the personal law. The petitioner has in fact filed Ext. P1 certificate to that effect is...
Sree Gokulam Educational and Medical Trust Vs. Tahsildar
Court: Kerala
Decided on: Oct-26-2006
Reported in: 2006(4)KLT1008
Kurian Joseph, J.1. The simple question to be considered in this case is whether the building used by the petitioner for the purpose of accommodating the students of a school, popularly known as students' hostel is entitled for exemption from payment of building tax under Section 3(1)(b) of the Kerala Building Tax Act, 1975. There is no dispute that if the building is used principally for educational purposes, such building is liable to be exempted. The contention of the petitioner is that the disputed building is exclusively used for the students of the school, if that be so, the building is to be treated as a part of the educational institution. In a catena of decision starting from Sr. Mariatta v. State of Kerala 1981 KLT 80, M. Mathew v. Executive Officer 1984 KLT 310 and Chackravarthy Hostel v. Municipal Commissioner 1995 (2) KLT 588 the consistent view taken by this Court is that the building where the students reside and study residentially is a use for educational purposes. So ...
Devassia Vs. Ancy
Court: Kerala
Decided on: Oct-26-2006
Reported in: II(2007)DMC677; 2007(1)KLT377
K.A. Abdul Gafoor, J.1. The father is assailing the decree granting maintenance in favour of his three daughters in this appeal.2. Three ill-fated daughters, whose parents are living separately, approached the Munsiff's Court, Kalpetta, seeking maintenance from his father, who is employed as a Sales Tax Officer. They were, at that time, aged 15, 12, and 11 years. The trial court granted maintenance at Rs. 3,000/- for all of them together from 20.12.1998, as claimed in the plaint, until they get married.3. In appeal by the father, the decree was confirmed with a modification that the liability subsists only until the children are capable to look after themselves or until they are given in marriage, whichever is earlier. Again, the father, in this second appeal is raising mainly two questions of law.(i) Whether a Christian father is, in law, liable to maintain his children, who had attained the age of majority?(ii) Whether the civil court was liable to take into account an order of maint...
Abdul Khader Suhud Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2006
Reported in: 2007(1)KLT400
S. Siri Jagan, J.1. The petitioner is a Muslim. He originally marked one Smt. Tahira. The said marriage was dissolved as per the procedure prescribed under the personal law of the petitioner on 27-12-2004. Now the petitioner desires to marry another lady and wants the marriage solemnized and registered under the provisions of the Special Marriage Act, 1954. Under the Special Marriage Act, a marriage cannot be registered under the Act if another spouse is living. Therefore, the Marriage Registrar insisted on production of a court decree dissolving the earlier marriage for solemnization and registration of the petitioner's second marriage. According to the petitioner, a Muslim, as per personal law, need not get a decree from a Civil Court for a valid divorce of his wife and what he needs is only a certificate from the concerned Juma-Ath to the effect that divorce has been effected in accordance with the personal law. The petitioner has in fact filed Ext.P1 certificate to that effect issu...
V.R. Jayasankar Vs. K.G. Dharman and anr.
Court: Kerala
Decided on: Oct-26-2006
Reported in: IV(2007)BC312
ORDERR. Basant, J.1. Appellate Criminal Courts do find themselves occasionally in the unenviable situation, where the appellants/accused do not take the necessary steps to ensure service of notice on the respondents/complainants. In such cases--in appeals preferred against convictions in prosecutions initiated by a private complainant, what course should the Appellate Courts follow? Is it within their powers to dismiss such appeals on the short ground that necessary steps have not been taken by the concerned appellants? In such a situation do the Appellate Criminal Courts have the power to dismiss an appeal for default? Can provisions in Section 204(4), Cr.P.C. be applied mutatis mutandis to spell out a power for the Appellate Court to dismiss an appeal for default? These are the interesting questions that are raised in this revision petition directed against an appellate judgment dismissing an appeal for non-prosecution by the appellant.2. The prosecution was under Section 138 of the ...
Kuriakose Vs. Registrar
Court: Kerala
Decided on: Oct-25-2006
Reported in: 2006(4)KLT953
Kurian Joseph, J.1. What is the crucial date for application of Rule 28(bbb) of the KS and SSR is the issue arising for consideration in this case. Whether a senior becoming eligible owing to exemption after the occurrence of the vacancy and after the examinations taken by his Juniors, conducted by the Public Service Commission but before the publication of the result is entitled to get promotion on the basis of exemption is the question to be tackled. The vacancy in the cadre of Upper Division Clerk arose under the respondent college on 1.3.1999. As on that date none in the feeder category of Lower Division Clerk was qualified. Petitioner attained the age of 50 years on 19.9.2000 and according to him, being exempted from test qualification he is entitled for promotion with effect from 20.9.2000. In fact the management promoted the petitioner with effect from 20.9.2000. Later, that was interfered with by the department on the ground that the 4th respondent got qualified on 14.7.2000, t...
Comtrust Eye Hospital Vs. Addl. Sales Tax Officer and ors.
Court: Kerala
Decided on: Oct-25-2006
Reported in: (2009)20VST532(Ker)
C.N. Ramachandran Nair, J.1. Question raised is whether supply of intra ocular lens by petitioner hospital to patients in the course of cataract operation by replacing natural lens attracts sales tax under the Kerala General Sales Tax Act, 1963. It is common knowledge that cataract affects the natural lens making it partially or completely opaque and consequently affecting the vision. Treatment is cataract operation whereby the doctor removes the affected natural lens and replaces it with an artificial lens behind the cornea after opening and stitching it. In other words, cataract operation involves replacement of natural lens with an artificial lens whatever be the material with which it is made of. Of course, lenses are of various types and the cost also is varying depending upon the quality. While considering petitioner's assessment which is a registered dealer, the assessing officer made assessment of sales turnover of artificial lens replaced through cataract surgeries by making f...
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