Kerala Court March 2007 Judgments
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E.N. Murali Vs. Commissioner of Income Tax
Court: Kerala
Decided on: Mar-05-2007
Reported in: (2007)211CTR(Ker)306
S. Siri Jagan, J.1. The issues involved in these two original petitions are identical and therefore these original petitions are being disposed of by this common judgment.2. The matter relates to the claims of the petitioners under the Kar Vivad Samadhan Scheme, 1998 declared by the Finance Act No. 2/1998 passed by the Parliament. Under the said scheme assessees intending to avail of the benefits of the said scheme had to file a declaration between 1st Sept., 1998 and 31st Dec, 1998. (It was stated at the Bar that this period was extended for a period of one month, which is not relevant for the purposes of this case). For becoming entitled to the benefits of the scheme, inter alia, the amount in dispute must be in arrears and an appeal or reference or writ petition in respect of the same must have been admitted and pending before any appellate authority or the High Court or the Supreme Court on the date of filing of the declaration.3. The petitioners in both original petitions had file...
S. Lakshman Achary and anr. Vs. P. Eshwara Bhat and anr.
Court: Kerala
Decided on: Mar-05-2007
Reported in: 2008ACJ1738
P.R. Raman, J.1. The appellant is challenging the award in O.P. (MV) No. 866 of 2002 on the file of M.A.C.T., Kasargod. The claimants are the legal representatives of the deceased pillion rider in the motor cycle. The accident occurred on 14.4.2002 and the vehicle in which he was travelling hit a lorry and as a result the pillion rider died in the accident. It was found that the negligence is on the part of motorcyclist.2. Even though the motor cycle is insured with appellant herein, the question that arises for consideration is whether the insurance company is liable to pay the awarded amount as per the policy of insurance? The Claims Tribunal passed an award quantifying the compensation for an amount of Rs. 1,94,500 with 9 per cent interest from the date of application till 31.12.2004 and thereafter at 6 per cent till realisation. The respondent No. 2, who was the appellant therein, was directed to deposit the amount within one month. Exh. B1 was the certified copy of the policy. It ...
The Kerala State Co-op. Consumers Federation Ltd. Vs. the Sub-registra ...
Court: Kerala
Decided on: Mar-02-2007
Reported in: 2008(1)KLJ809
C.N. Ramachandran Nair, J.1. Petitioner, a registered co-operative society under the control of the Government, purchased immovable property from another co-op. society by name Palakkad Wholesale Co-op. Consumer Stores Ltd., which was under liquidation. The purchase was in public auction conducted by the Liquidator which was confirmed by High Court by it's orders dated 20-1-1998. (sic) Ext. P1 Govt. Order grants exemption from stamp duty, for documents including inter-Co-operative Societies sale deeds, sale deed in white paper was presented for registration. The Sub Registrar, however, expressed doubt about the eligibility for exemption from stamp duty under the Kerala Stamp Act, 1959 based on the above notification, and therefore he impounded the document and forwarded the same to the District Registrar, Palakkad under Section 33(1) of the Stamp Act for adjudication. Since the District Registrar acting in exercise of power under Sections 31 and 39 of the Stamp Act himself felt doubt a...
Sophiamma Kurien Vs. K.C. Varghese (Kunjukutty) and anr.
Court: Kerala
Decided on: Mar-01-2007
Reported in: 2008(1)KLJ766
ORDERK. Thankappan, J.1. This Criminal Miscellaneous Application is filed by the wife of deceased Sunniappan, who was the victim in S.C. No. 262 of 2003 on the file of the Sessions Court, Kottayam, for getting the copy of the records mentioned in the schedule to the application for producing before the Sub Court, Kottayam where a suit for damages filed by the petitioner is pending.2. The husband of the petitioner died on account of the injuries inflicted by the appellant in this Criminal Appeal. Crime No. 35 of 2001 of Vakathanam Police Station was registered against the appellant. After facing trial, the appellant was found guilty under Section 304 Part II I.P.C., he was convicted thereunder and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 15,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one year. The trial court further ordered that if the fine amount was realised, a sum of Rs. 10,000/...
T. Thankachan Vs. the State of Kerala and anr.
Court: Kerala
Decided on: Mar-01-2007
Reported in: 2008(1)KLJ665
T.R. Ramachandran Nair, J.1. The petitioner has filed this writ petition seeking to quash Exts.P5, P6 and P8 and for a declaration that the disciplinary proceedings taken against him is violative of Rule 15 of the Kerala Civil Services (Classification, Control and Appeal) Rules (for short 'the Rules') and that his probation is liable to be declared with effect from 30-1-1999. The short facts as evident from the pleadings are the following:2. The petitioner was appointed by direct recruitment in the Department of Tourism as Manager Grade III and he joined service on 31-1-1997. While he was continuing in the post of Manager, Government Guest House, Attingal, he was issued with Ext. P1 memo of charges alleging certain misconduct on his part. It was duly replied by him by Ext.P2. After culmination of the enquiry, the Director, Department of Tourism issued a notice, Ext.P3, proposing a punishment of removal from service. Finally, by Ext.P4 proceedings, the Director passed an order terminati...
Chandran Kannikkaran Vs. State of Kerala and ors.
Court: Kerala
Decided on: Mar-01-2007
Reported in: 2008(1)KLJ862
Thottathil B. Radhakrishnan, J.1. Can the superiors in the executive hierarchy in Government dictate to an officer in the matter of exercise of statutory power conferred on him2. Petitioner is a member of a Scheduled Tribe. The Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999, hereinafter referred to as the 'Act', for short, is an Act to provide for restricting the transfer of lands by members of Scheduled Tribes in the State of Kerala and for the restoration of possession of lands alienated by such members and for matters connected therewith. Section 4 of the Act provides that notwithstanding anything to the contrary contained in any other law or in any contract, custom or usage, or in any judgment, decree, or order of any court, any transfer effected by a member of the Scheduled Tribe, of land possessed, enjoyed or owned by him on or after the commencement of the Act, to a person other than a member of a Scheduled Tribe, without the previous co...
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