Kerala Court February 2008 Judgments

Sosamma Kurian (Dr.) and anr. Vs. State of Kerala and anr.

Court: Kerala

Reported in: 2008(3)KLJ298; 2008(4)KLT472

ORDERA.K. Basheer, J.1. Petitioners, a Gynecologist and Cardiologist respectively, who have been hauled up before the Chief Judicial Magistrate's court, Kottayam to face trial on a charge under Section 304-A read with Section 34 IPC, have preferred this petition under Section 482 of the Code of Criminal Procedure seeking up quash the above proceedings pending against them.2. The court below has issued process to the petitioners at the instance of respondent No. 2 herein who, in Annexure A1 complaint alleged that his wife had died because of the rashness and negligence shown by the petitioners while treating her at Mandiram Hospital, Kottayam.3. It is contended by Sri. Bechu Kurian Thomas, learned Counsel for the petitioners that the learned Magistrate had issued process to the petitioners and directed them to face prosecution without any application of the judicial mind at all. According to the learned Counsel, Annexure A1 complaint does not contain any specific averment or allegation ...

Commissioner of Income-tax Vs. Nilgiri Tea Estate Ltd.

Court: Kerala

Reported in: [2009]312ITR161(Ker); [2009]183TAXMAN194(Ker)

C.N. Ramachandran Nair, J.1. This is an appeal filed by the Revenue challenging the order of the Tribunal cancelling the interest levied under Sections 234B and 234C of the Income-tax Act, 1961, for non-payment/ short payment of advance tax on 30 per cent. of the book profit as deemed income assessed under Section 115J of the Act. The assessee, a tea plantation company, filed income-tax return for the assessment year 1990-91 declaring a loss of above Rs. 1.7 crores. Since the total income as computed under the provisions of the Act was less than 30 per cent. of the book profit, assessment of the respondent was made treating 30 per cent. book profit as deemed income under Section 115J of the Act. After determining the tax payable, the Assessing Officer levied interest under Sections 234B and 234C of the Act for non-payment/short payment of advance tax. Even though the assessee contested the levy of interest in first appeal, the same was unsuccessful. However, on second appeal, the Tribu...

George Vs. Ealiyamma George

Court: Kerala

Reported in: 2009(3)KLJ464

ORDERA.K. Basheer, J.1. This revision petition is at the instance of a husband. He impugns the preliminary order passed by the Family Court, Emakulam on the question of maintainability of the petition filed by his wife under Section 127 of the Code of criminal Procedure before the court for enhancement of maintenance awarded to her in an earlier proceeding.2. It is on record that maintenance was awarded to the wife at the rate of Rs. 100/-per. mensem Under Section 125 of the Code by the Chief Judicial Magistrate's Court, Alappuzha, way back in the year 1977. The wife filed the present application in 2001 for enhancement, under Section 127 of the Code before the Family Court, Ernakulam contending that she was not able to maintain herself with the paltry sum awarded to her. She is a heart patient in her late 60's. Her two grown up children are residing separately. Therefore she sought enhancement of the maintenance allowance of Rs. l00/= to Rs. 500/= per month. She specifically averred i...

Prima Industries Limited Vs. Commissioner of Commercial Taxes

Court: Kerala

Reported in: (2008)16VST80(Ker)

C.N. Ramachandran Nair, J.1. This is an appeal filed under section 40 of the Kerala General Sales Tax Act, 1963 challenging exhibit P-8 order of the Commissioner of Commercial Taxes declining to entertain an application for clarification filed by the appellant under Section 59A of the KGST Act. The appellant, a medium-scale industrial unit, applied for sales tax exemption on the products manufactured by it. Based on the recommendation issued by the Kerala State Industrial Development Corporation Ltd., the financing agency, the Deputy Commissioner of Commercial Taxes, issued exemption certificate granting exemption on 'deoiled cake and solvent extracted and refined oil'. This order is issued on August 2, 1999. According to the appellant, oil extracted by the appellant in the solvent-extraction process retains it's identity with the raw material and therefore appellant sought a clarification of the exemption certificate by the Commissioner of Commercial Taxes to the effect that solvent-e...

Sreelekha and anr. Vs. Kerala Public Service Commission and anr.

Court: Kerala

Reported in: [2008(117)FLR537]

V. Giri, J.1. Common issues arise for consideration in these cases and they are heard together and by consent of parties they are being disposed of by this common judgment. WP (C) No. 1838/2008 is taken as the leading case.The petitioner applied for the post of LD Typist in Various Departments pursuant to Ext. P-2 notification issued by the Public Service Commission (for short 'the Commission'). Apparently the petitioner is a physically handicapped person because of his visual incapacity in one eye. Petitioner is otherwise qualified for the post, as evidenced by Ext. P-1 series certificates. It is the case of the petitioner that he did not claim any weightage on the premise that he is a physically handicapped person. He was included in Ext. P-3 short list and he was asked to appear for the interview with the requisite certificates. He did so. According to him, the certificates were verified as well. But then, he was told that he cannot be considered for appointment as LD Typist in view...

Narayanan @ Kuttani Vs. State of Kerala

Court: Kerala

Reported in: 2008(1)KLT530

ORDERR. Basant, J.1. Is there a cap on the maximum sentence that can be imposed under Section 125(3) of the Code of Criminal Procedure? Is it the law that a sentence exceeding 12 months can never be imposed on a defaulter in a single application for execution? These questions do arise for consideration in this revision petition.2. This revision petition is filed by the petitioner who has suffered an order under Section 125(3) of the Cr.P.C. sentencing him to undergo imprisonment for a period of 20 months for non-payment of the maintenance amount of Rs. 11,400/- i.e., at the rate of Rs. 300/- per mensem for 38 months. The petitioner could not engage a counsel of his own. He has preferred this petition through prison authorities. The delay was condoned and the petition was admitted. Services of a State Brief counsel was assigned for his help. Advocate Mr. N.K. Subramanian has advanced arguments on behalf of the petitioner.3. A report of the learned Magistrate was called for. The order pa...

Vasanthi Devi Vs. S.i. of Police and ors.

Court: Kerala

Reported in: 2008CriLJ2359; 2008(1)KarLJ667; 2008(1)KLT945

ORDERR. Basant, J.1. Does the decision in Sakiri Vasu v. State of U.P. 2008 AIR SCW 309 transform the law relating to magisterial supervision of investigation by police? When the investigation has commenced and the victim, the defacto complainant, the accused or any other has a grievance that the investigation is not done properly, what is the remedy which such person has in law? Can he come to this Court with a petition under Section 482 Cr. P.C. or Article 226 of the Constitution? Can or should this Court entertain and consider such a petition? Before such person exhausts his alternative remedy of approaching the Magistrate under Section 156(3) Cr. P.C. should such a person ordinarily be permitted entry into this Court? Unless exceptional and peculiar reasons are shown to exist, will this Court be justified in entertaining such a petition? What is the ambit and sweep of the powers of the Magistrate under Section 156(3) Cr. P.C.? These are the questions that arise for consideration in...

K. Gopalakrishnan Nair Vs. the J.F.C.M.

Court: Kerala

Reported in: III(2008)BC514; 2008(1)KarLJ661; 2008(2)KLT149

V.K. Mohanan, J.1. The petitioner herein, who is the Ist respondent before the lower appellate court and the complainant in the trial court, approached this court under Article 227 of the Constitution of India challenging Ext.P3 judgment of the court below and with a prayer to declare that Crl.A. No. 522 of 2000 shall finally abate due to the death of the appellant/ therein. He has also sought for a direction to the Ist respondent to release the amount deposited on the basis of Ext.P2 order. The further prayer in the writ petition is to declare that the petitioner is entitled to realise the compensation and cost of the proceedings as directed in Ext.P1 from the assets of the accused therein through Civil Court except the amount covered in Ext.P2 if so disbursed to the petitioner.2. In order to appreciate the contentions advanced by the petitioner and the reliefs sought for in the writ petition, a brief facts of the case is absolutely inevitable. The petitioner herein is the complainant...

Premkumar Vs. State of Kerala

Court: Kerala

Reported in: II(2008)DMC310

ORDERK.P. Balachandran, J.1. This Crl.M.C. is filed by the accused in Crime No. 57/03 of Kadakkavoor Police Station in Kerala pending on the file of the Judicial First Class Magistrate's Court, Varkala as CP. 10/ 04. The prayer advanced by the petitioners is to quash Annexure-C Final Report and all proceedings pursuant thereto in CP. 10/04 aforesaid.2. The contention that is advanced before me by the learned Counsel for the petitioners is that in relation to death of one Jeeja, the wife of the first petitioner and daughter-in-law of petitioners 2 and 3, Crime No. 64/03 was registered at Courtallam Police Station in Tirunelveli district, Tamil Nadu; that investigation therein was conducted and Annexure-A Final Report in Tamil, English translation of which is Annexure-B was filed on 21.7.2003; and that therefore, Annexure-C Final Report filed in Crime No. 57/08 registered on 4.3.2003 at the Kadakkavoor Police Station in relation to the same incident on a complaint filed by the father of ...

United India Insurance Co Ltd, Represented by Its Deputy Manager, Regi ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI. M.V. VISWANATHAN: JUDICIAL MEMBER The above appeal is directed against the order dated 5th day of May 2004 of the CDRF, Kottayam in OP.326/03. The complaint in the said OP.326/03 was filed by the respondent herein as complainant against the appellant as opposite party claiming insurance amount under the Personal Accident Policy issued by the opposite party/ insurance company in the name of deceased Joseph. The complainant is the nominee of the insured Joseph. The opposite party/insurance company repudiated the aforesaid claim on the ground that the accident occurred while the insured Joseph was under the influence of alcohol. Thereby the claim is hit by the exclusion clause No. 5 (b) of the Policy. The Lower Forum accepted the case of the complainant as nominee of the insured Joseph and directed the opposite party to pay the insurance claim with interest and cost. Aggrieved by the said order the present appeal is preferred by the opposite party/Insurance company. 2. We heard the c...