Kerala Court May 2008 Judgments

K.J. Johny Vs. M/S.United India Insurance Company Ltd.

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellant is the complainant inCC.460/06 in the file of CDRF, Ernakulam. The complainant has sought for setting aside the order of the Forum dismissing the complaint filed disputing the attitude of the opposite party/Insurance Company repudiating the claim on the ground that the complainant had not got the policy transferred after purchasing the vehicle. 2. We find that immediately after the purchase of the vehicle the name of the complainant was incorporated in the RC Book on 19.8.05. The next two days were public holidays ie; on 20.8.05 and 21.8.05. The accident took place on 21.8.05. It was on the second day after the claimants name was endorsed in the RC book. There is no dispute as to the existence of the policy. It is submitted that the vehicle has sustained extensive damages. 3. The counsel for the appellant relied on the decision Shri.Narayan Singh Vs. New India Assurance Company Ltd. IV (2007) CPJ 289 (NC). The counsel for the res...

Lilly George Vs. Francina James and ors.

Court: Kerala

Reported in: AIR2008Ker195; 2008(2)KarLJ712

P.N. Ravindran, J.1. This appeal arises from the decree and judgment passed by the Court of the Additional Sub Judge, North Paravur in L.A.R. No. 62 of 1999. The appellant was claimant No. B therein. By the impugned judgment, the court below held that the appellant is not entitled to claim apportionment of the compensation.2. Aparcel of land (0.2455 hectares)sihiated in Survey No. 170/1, Aluva West Village belonging to Sri. Vareed, S/o. Raphel was acquired for the purpose of Cochin Refineries Lid. Before the Land Acquisition Officer, Sri. Vareed, the land owner appeared and filed a claim statement claiming that he is the absolute owner of the property and that his daughters have no right over the acquired land. His daughters Smt. Lily George, Smt. Francina James, Smt. Jaseentha James and Smt. Elcy Xavier and his son-in-law Sri. Stephen John, also filed a claim statement before the Land Acquisition Officer stating that Sri. Vareed is old, infirm and is not in a position to look after hi...

Kasim Vs. State of Kerala

Court: Kerala

Reported in: 2009CriLJ4091

ORDERA.K. Basheer, J.1. Petitioner was prosecuted for the offence punishable under Section 3(1) read with Section 6(1) of the Young Persons (Harmful Publications) Act, 1956 (for short 'the Act').2. The gist of the charge against the petitioner was that he had kept M. O. 1 and M.O. 2 (series) books for sale in his shop which, according to the prosecution, were harmful publications falling within the ambit of Section 2(a) of the Act. The books were seized by the police after a search made at the shop premises at about 6.30 a.m. on March 19, 1996 and charge sheet was laid against the petitioner accordingly.3. The trial Court, after considering the oral and documentary evidence on record, held that the publication was 'detrimental to public morals and calculated to produce a pernicious effect in depraving and debauching the minds of the persons into whose hands it may come'. Resultantly, the petitioner was found guilty and convicted and sentenced under Section 3(1) read with Section 6(1) o...

The New India Assurance Company Ltd. and Another Vs. Akbar

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellant is the opposite party/Insurance Company that has sought for the setting aside the decision of CDRF, Palakkad in CC.109/06. The Forum has directed the appellant to make the payment as per the policy and also to pay Rs.500/- as cost. 2. It is the case of the complainant that he purchased the motor cycle involved on 16.1.06 and effected change of ownership. It is his case that he had intimated the matter and sought for change of policy in his name. The vehicle was stolen on 5.2.06 in the night. The Insurance Company repudiated the claim only on the ground that policy has not been transferred in the name of the complainant. The Forum has overruled the above objection in the light of the decision of the National Commission in Shri. Narayan Singh Vs. New India Assurance Company Ltd. IV (2007) CPJ 289 (NC). The appellant is relying in the decision of the Supreme Court in Complete Insulations (P) Ltd. Vs. New India Assurance Co. Ltd., 199...

State of Kerala Vs. K.M. Mariam

Court: Kerala

Reported in: 2008CriLJ3737; 2008(2)KLJ518

ORDERV. Ramkumar, J.1. Crl.R.P. No. 3304 of 2007 is filed by the State challenging the discharge of accused Nos. 7 and 8 in S.C. No. 79/2007 on the file of the Sessions Court, Kottayam for an offence under Section 7 and punishable under Section 4 of the Kerala Prohibition of Ragging Act, 1998 (the 'Ragging Act' for short). Crl. R.P. Nos. 3800 of 2007 and 1052 of 2008 have been filed by accused Nos. 7 and 8 respectively challenging the order passed by the Sessions Court below refusing to discharge them for the offences under the Indian Penal Code.The Prosecution Case.2. The case of the prosecution can be summarised as follows:On 21-10-2005 at 4 p.m. at Gandhinagar in Arpookara village of Kottayam District, accused Nos. 1 to 6 (Ranjith Varghese, Sherrin, Shafeek Yousuf @ Shafeek, Ashly Varghese, Robin Paul and Divin Philip Perumal @ all of whom are 3rd year nursing students in the School of Medical Education at Gandhinar, in furtherance of their common intention to rag and ravish Supimol...

Thomas Vs. Varghese and anr.

Court: Kerala

Reported in: 2008CriLJ4234; 2008(2)KLJ538

ORDERV. Ramkumar, J.1. The revision petitioner who is de facto complainant in C.C. 1099/2004 on the file of the JFCM, Chalakudy alleging the commission of offences punishable under Sections 188 and 427 IPC, challenges the order passed by the learned Magistrate, discharging the accused. The first respondent herein is the accused in the said case.2. The case of the prosecution in brief is as follows:The accused knowing that he is restrained by an order of temporary injunction issued by the Munsiffs Court, Kodungallur in I.A. 1172/2003 in O.S. 615/2003, cut open a drain along with the western boundary of the property. The above act was done with the knowledge that the said act would cause injury and harm to the complainant. On account of the above act of the accused, the boundary wall fell into the property of the accused. The accused also destroyed the stones of the demolished boundary wall resulting in a loss of Rs. 12,000/- to the complainant. The accused has thereby committed offences...

Sub Postmaster Kudayathur.P.O. and Others Vs. Sri. V.V. Sunny

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU,PRESIDENT The appellants are the opposite parties in CC.153/06 in the file of CDRF, Palakkad. The appellants are under orders to return the sum of Rs.6500/- deposited towards National Savings Recurring Deposit Account and also to pay a sum of Rs.500/- as costs. It is the case of the complainant that the Recurring Deposit Account was closed after remitting 13 instalments. The account was started on 15.1.05 and the complainant wanted to close the account and got to refund of the amount. The opposite parties rejected the application pointing out that only after 3 years from the date of joining the account could be closed. But, in the pass book it is contained clause that the account can be closed after the completion of one year. Opposite party/appellant had relied on the amended rules of the Post Office Recurring Deposit (Amendment) Rules, 1999 that only after expiry of 3 years, the account can be closed. The rules were amended on 4.11.99. It is submitted th...

South Indian Bank Ltd. Vs. the Commissioner of Income Tax

Court: Kerala

Reported in: [2009]316ITR306(Ker); 2008(3)KLT326; [2009]176TAXMAN277(Ker)

C.N. Ramachandran Nair, J.1. This appeal is filed by the assessee challenging the order of the Income Tax Appellate Tribunal upholding proceedings issued by the Assessing Officer under Section 143(1)(a) of the Income Tax Act for the assessment year 1994-95. The return filed by the assessee which is a banking company was processed under Section 143(1)(a) of the Income Tax Act and in the proceedings so issued, the Assessing Officer among other things made an addition of Rs. 3,04,22,000/- representing provision towards bad debt. Even though assessee filed rectification application for deletion of the addition and consequential levy of additional tax under Section 143(1A) of the Act, the same was rejected. The appeal filed before the first appellate authority was dismissed and the Tribunal confirmed the same in second appeal. It is against this order the assessee has filed this appeal raising the following questions:i) Whether on the facts and in the circumstances of the case the Tribunal ...

Classic Marbles Vs. State of Kerala

Court: Kerala

Reported in: (2009)25VST295(Ker)

ORDERH.L. Dattu, C.J.1. This revision petition is filed against the orders passed by the Sales Tax Appellate Tribunal, Additional Bench, Kozhikode in T. A. No. 409 of 2004, for the assessment year 2002-03.2. The assessee is a dealer registered under the provisions of the Kerala General Sales Tax Act, 1963 and the Central Sales Tax Act, 1956. It is engaged in the business of selling marbles. It claims that it has maintained the regular books of account as required under the provisions of the Kerala General Sales Tax Act, 1963 and the Rules framed thereunder. For the assessment year 2002-03, the assessee had filed its annual returns conceding total and taxable turnover of Rs. 86,90,934.98 and also had conceded the gross profit at 6.5 per cent during the year in question.3. The assessing authority has rejected the returns so filed by the assessee and thereafter has issued a pre-assessment notice, inter alia, directing the petitioner to show cause why the annual returns filed by the assess...

Commissioner of Central Excise and Customs Vs. Zodiac Advertisers

Court: Kerala

Reported in: 2009[13]STR593; [2009]20STT407; (2009)23VST36(Ker)

C.N. Ramachandran Nair, J.1. This is an appeal filed by the Commissioner of Central Excise under Section 35(G) of the Central Excise Act challenging the order of the Customs, Excise & Service Tax Appellate Tribunal cancelling demand of service tax raised on the respondent confirmed in first appeal by Commissioner (Appeals). Respondent's appeal was allowed by the Tribunal by holding that they are not an 'advertising agency' as defined under Section 65(3) of the Finance Act, 1994. The facts leading to the case are the following:Respondent is engaged in the business of making and selling of advertisements for customers. Even though registration was taken for payment of service tax under compulsion, they refused to comply with the provisions of Section 68 of Finance Act read with Rule 7 of Service Tax Rules in regard to filing of returns and payment of service tax. However, on enquiry, it was found that respondent was procuring materials, making and selling advertising materials in the for...