Kerala Court December 2008 Judgments
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Vasakumar Pillai S.P. Vs. the Motor Accidents Claims Tribunal and ors.
Court: Kerala
Decided on: Dec-02-2008
Reported in: 2008(3)KLJ802
Thomas P. Joseph, J.1. The question raised for decision is whether the Motor Accidents Claims Tribunal (for short, 'the Tribunal') constituted under Section 165 of the Motor Vehicles Act, 1988 for short, 'the Act') is invested with the power to order attachment of property before passing the award.Respondents 2 to 5 are the legal representatives of one Viswambharan who died m a motor vehicles accident on 11.4.2004. According to the respondents 2 to 5, the motor cycle which the petitioner was riding in a rashand negligent manner hit Viswambharan. Respondents 2 to 5 filed application before the Tribunal claiming Rs. 3 lakhs from the petitioner. Since the motor cycle was not having a valid policy of insurance, claim was lodged only against the petitioner. Along with the application, respondents 2 to 5 filed Ext.P1, I.A. No. 2957of2008 for attachment of the immovable property allegedly belonging to the petitioner. As per Ext.P2, order dated 15.6.2008 learned Tribunal directed the petitione...
Commissioner of Income-tax Vs. K.P. Chandradasan
Court: Kerala
Decided on: Dec-02-2008
Reported in: (2009)226CTR(Ker)403; [2009]183TAXMAN23(Ker)
C.N. Ramachandran Nair, J.1. The departmental appeal filed under Section 260A of the Income-tax Act arises from the order of the Income-tax Appellate Tribunal disposing of an appeal from a block assessment made under Section 158BC of the Income-tax Act. The question arising for consideration is whether the assessee was entitled to exclusion of additional income returned for the assessment years 1995-96 and 1996-97 and the income in respect of which tax was deducted at source for the assessment year 1997-98 in the computation of income for the block period 1-4-1986 to 5-3-1997 under Section 158BB of the Act. The assessment under Chapter XIV-B was initiated pursuant to a search carried out on 5-3-1997 in the premises of the assessee. As on the date of search, the assessee had already filed return for the assessment year 1995-96. However, subsequent to the date of search, the assessee filed a revised return on 6-3-1997 disclosing a further income of Rs. 68,143 for the said year. For the a...
Muhammed Raees Vs. High Court of Kerala and ors.
Court: Kerala
Decided on: Dec-01-2008
Reported in: 2009(1)KLJ34
C.N. Ramachandran Nair, J.1. The appellant applied for selection to the post of District Judge in the Kerala Higher Judicial service and has come out successfully in the written examination conducted by the High Court of Kerala. He is one among the 45 candidates selected for the oral examination. The appellant had also applied for selection for appointment to the post of Munsiff/Magistrate in the Kerala Subordinate Judicial Service On being finally selected for the post, the Government vide Ext.P3 dated 25.7.2008 appointed him as Munsiff-Magistrate. Pursuant to the appointment the appellant is taken for training by the High Court along with other selected candidates and the appellant is still undergoing the said training. Since the appellant is included in the rank list for interview for selection to the post of District Judge he submitted an application to the 2nd respondent for permission to take part in the oral examination. However the Registrar (Subordinate Judiciary) High Court v...
Sundaram Bnp Paribas Home Finance Ltd. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Dec-01-2008
Reported in: AIR2009Ker85; 2009(1)KLJ125
Thottathil B. Radhakrishnan, J.1. Heard learned Counsel for the petitioner and learned Government Pleader.2. The petitioner filed an application before the District Magistrate under Section 14 of the Securatisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for short, the 'Act', in November, 2006. On 15-1-2007, the Deputy Collector (RR), on behalf of the Collector, forwarded that petition, as per Ext. P5, to the Tahsildar, requiring him to extend such help as may be required in terms of Section 14. The petitioner's complaint is that no further action has followed.3. Respondents 6 and 7, through their learned Counsel, state that they are teachers and have not paid the amounts only because of certain financial difficulties and that they would pay it off shortly.4. Section 14 of the Act contains the provisions, by which, a secured creditor may invoke the police power of the State, to lawfully evict persons who continue in possession in spite of ...
P.P. Menon Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Dec-01-2008
Reported in: (2009)227CTR(Ker)573; [2009]183TAXMAN242(Ker)
C.N. Ramachandran Nair, J.1. The question raised in this appeal filed by the assessee is whether the assets sold by him, viz., the hospital building and land on 18-4-2001 is a short-term capital gain or a long-term capital gain as claimed by him. The hospital building and land was previously owned by a Firm in which the appellant was a partner. The firm was dissolved on 15-4-2001 and in the dissolution deed the entire assets including the hospital building and land were taken over by the assessee. We are told that the firm was subjected to levy of tax on capital gains only on the land sold and not for the hospital building. However there is no need for us to consider the liability of the firm for capital gains on the transfer of the hospital building and land to the assessee. The assessee sold the hospital building and the land for Rs. 40,12,000 after 3 days of acquiring the same for Rs. 14,82,222. According to the assessee/appellant, even though the asset was taken over by him only on...
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