Kerala Court January 2009 Judgments

The Inspector, Toddy Workers Welfare Fund Board Vs. M.S. Vijayan and o ...

Court: Kerala

Reported in: 2009(1)KLJ386

V. Giri, J.1. The first respondent in Writ petition No. 4976/1996 is the appellant herein. Writ petition was filed challenging Ext. P1 notice of demand issued by the Welfare Fund inspector and ext. P3 notice of attachment issued under the Revenue Recovery Act. The principal ground of challenge in the writ petition was that the recovery of amounts due from the writ petitioner was barred under Article 113 of the Limitation Act. Learned single Judge proceeded to held that the demand made was beyond three years from the date on which the amounts fell due and that therefore, it was time barred. Consequently on the ground that the recovery is barred by limitation, the impugned demands were quashed. It is aggrieved thereby that the present appeal has been filed.2. Writ petitioner was a contractor of Toddy Shop No. 46 of Mamala Range for the year 1987 - 88. Advance contribution had to be remitted under the Toddy Workers Welfare Fund Act. It seems that some amounts were not remitted. On 10.11.1...

Thara Vs. Syamala

Court: Kerala

Reported in: 2009ACJ2440

C.N. Ramachandran Nair, J.1. In these connected cases filed by the registered owner of the vehicle, the challenge is limited to the order of the Motor Accidents Claims Tribunal authorising the insurance company to recover the compensation amount from the insured after satisfying the award. The appellant's case is that the goods vehicle involved in the accident had permit and fitness certificate at the time of taking the insurance policy and the same were valid from 16.2.1996 to 15.2.2001. Accident admittedly happened on 5.6.2001 when the vehicle ceased to have the permit which was valid only till 15.2.2001. The vehicle also did not have a fitness certificate which is the requirement for renewal of permit.2. The question to be considered is whether the insurance company is bound to indemnify the insured for the damages awarded to the victims. Learned Counsel appearing for the appellants relied on a Full Bench decision of this Court in Oriental Insurance Co. Ltd. v. Paulose : 2004 ACJ 45...

Commonwealth Trust India Ltd. Vs. Labour Commissioner

Court: Kerala

Reported in: (2009)IILLJ494Ker

S. Siri Jagan, J.1. Petitioner is a company registered under the Companies Act owning six factories. The Head Office of the petitioner is situated at Kozhikode. The six factories are registered under the Factories Act. The Head Office is registered under the Kerala Shops and Commercial Establishments Act and not registered under the Factories Act. In respect of the factories, standing orders under the Industrial Employment (Standing Orders) Act had been framed. That standing order was not applicable to the employees of the Head Office. The petitioner submitted an application for modification of the standing orders before the certifying officer under the Industrial Employment (Standing Orders) Act, who allowed the same by Exhibit P-1 order. As a result of the modification, the employees of the Head Office also were covered by the standing orders. The 3rd respondent herein, a Union of the employees of the Head Office, filed an appeal against Exhibit P-1 order of the certifying officer. T...

The Asst. Executive Engineer Electrical Major Section, Kseb and Anothe ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI. M.K. ABDULLA SONA: MEMBER This appeal prefers from the order passed by CDRF, Trissur in the file of OP.No.671/2002 dated 23.2.03. The appellants are the opposite parties and the opposite party prefers this appeal from the finding of the Forum below. The brief of the case is that petitioner is a consumer of the opposite parties and opposite parties issued a bill No.30476 dated 1.7.02 for Rs.4161/- which is an additional bill for 6 months to the complainant. The meter was defective and complaint was made on many times to replace the meter. But now only it was replaced by the opposite parties since the meter was not replaced at the proper time, the petitioner has suffered loss and much difficulties. Though a lawyer notice was sent on 5th July 2002, it was not fruitful and in order to avoid disconnection the petitioner has paid the amount as per the bill on 6.7.02 under protest. It is prayed that the opposite parties may be directed to cancel the additional bill and refund Rs.4168/- a...

Chandramathy Vs. Thankapapan

Court: Kerala

Reported in: 2009(1)KLJ476

V. Giri, J.1. Plaintiff in O.S. No. 105/1984 on the files of the Munsiff's Court, Cherthala, is the appellant in this appeal. Suit was instituted for setting aside Ext.A2 sale deed (the original being Ext.B2), in so far as it purports to convey the plaintiff's half share in the plaint schedule property in favour of the third defendant and for partition and separate possession of the plaintiff's one half share in the property and for mesne profits. The trial Court decreed the Suit declaring that Ext.A2 sale deed was not valid or binding on the plaintiff's half share in the property. It was found that the plaintiff was entitled to recover half share in the plaint schedule property and the Court below passed the decree in that regard further declaring that the plaintiff was entitled to mesne profits for a period of three years. The lower appellate Court reversed the judgment of the trial Court and dismissed the Suit. Hence the Second Appeal by the plaintiff.2. Plaint schedule property was...

Western Industries Vs. the Deputy Tahsildar and ors.

Court: Kerala

Reported in: 2009(1)KLJ402

J.B. Koshy, A.C.J.1. The only dispute in this writ appeal is whether interest can be demanded for the delay in paying the penalty ordered under the provisions of the Kerala General Sales Tax Act, 1963 ('the Act' for short). Interest is charged under Section 23(3) of the Act which reads as follows:23. Payment and recovery of tax:- xx xx(3) If the tax or any other amount assessed or due under this Act is not paid by any dealer or other person within the time prescribed therefor, in this Act or in any rule made thereunder and in other cases within the time specified therefor in the notice of demand, the dealer or other person shall pay, by way of interest, in the manner prescribed, in addition to the amount due, a sum equal to,-(a) one per cent of such amount for each month or part thereof for the first three months after the date specified for its payment;(b) two per cent of such amount for each month or part thereof subsequent to the first three months aforesaid.[Explanation:- Where the...

Steel and Industrial Forgings Ltd. Vs. Deputy Commissioner of Income-t ...

Court: Kerala

Reported in: [2009]318ITR18(Ker); [2009]184TAXMAN338(Ker)

C.N. Ramachandran Nair, J.1. The sole question raised in the appeal filed by the assessee is whether the Tribunal was justified in confirming the levy of additional tax under Section 143(1)(a) of the Income-tax Act, 1961, hereinafter referred to as 'the Act' for short, on the difference in loss computed by the Assessing Officer in the intimation issued under Section 143(1)(a) of the Act. We have heard the learned senior counsel Sri Sarangan appearing for the petitioner and the learned senior counsel Sri P. K. R. Menon appearing for the respondent.2. For the assessment year 1991-92, the assessee filed its return declaring a loss of Rs. 2,74,33,874 which included the claim of depreciation on block assets of Rs. 1,35,95,225. However, while assessing the income the Assessing Officer noticed that the assessee has claimed depreciation in full whereas eligibility was only 70 per cent. under the fourth proviso to Section 32(1) of the Act. He, therefore, issued proceedings under Section 143(1)(...

Reena John and anr. Vs. Director General of Police and ors.

Court: Kerala

Reported in: 2009(1)KLJ344; 2009(3)SLJ118(Kerala)

V. Giri, J.1. The petitioners, wife and husband challenge Ext.P6 order passed by the Director General of Police, rejecting a claim made by them for the benefit of Ext. P1 Government Order, G.O. (MS)No. 06/76/PD dated 1-44976 inter alia, affording a concession to intercaste married couple who are State Government employees, in the matter of posting in the same station.2. The 1st petitioner belongs to Syrian Catholic Community and the 2nd petitioner is an Anglo Indian Christian. The first petitioner is an upper Division Clerk in the District Police Office, Thrissur under orders of promotion as a cashier and the 2nd petitioner i$ working as an Upper Division Clerk in the District Police Office, Thrissur. Apparently from 1987, when the petitioners were married, till now, they have been posted in the same station and according to the petitioners, this is in recognition of the fact that they are an intercaste married couple and are entitled to the benefit of Ext. P1 Government Order.3. While...

V.O. John Vs. Catholic Syrian Bank Ltd. and ors.

Court: Kerala

Reported in: [2009]148CompCas411(Ker)

J.B. Koshy, Actg. C.J.1. The first respondent-bank is registered as a banking company with an authorised share capital of Rs. 100 crores. Now the bank is having 344 branches throughout India with 9 zonal offices. The appellant is a shareholder of two hundred shares with a face value of Rs. 10 each. At present, there are 10,87,79,655 equity shares of Rs. 10 each, held by about 28,000 shareholders. The Reserve Bank of India has issued directions to the bank to fulfil the requirement of attaining a minimum net worth of Rs. 300 crores on or before September 30, 2007. Exhibit P1 is the communication of the Reserve Bank of India to that effect. Even before issuance of the above communication, the Reserve Bank has also formulated guidelines on ownership and governance in private sector banks as can be seen from exhibit P2. Being a mandatory requirement, the bank decided to increase the subscribed capital by further issue of shares by offering right shares to the existing shareholders. Exhibit...

Sr. Sephy, St. Pious Xth Convent Vs. Union of India (Uoi)

Court: Kerala

Reported in: 2009(1)KLJ234; 2009(1)KLT126

ORDERK. Hema, J.1. About one-and-half decades ago, dead body of a nun, Sr. Abhaya, who is an inmate of Pious Xth Convent Hostel was extricated from a well situated in the hostel-compound. The hostel is a ladies' hostel run by the nuns. There were altogether 123 inmates in the hostel who include, 20 nuns. The third accused is a nun, and she was residing in the hostel on the ground floor(basement/cellar region where kitchen, dining hall, etc., are situated). She was assisting Sr. Helen who was in charge of the mess/kitchen in the hostel and both of them were occupying the same room allotted to them in the hostel. On the crucial day, Sr. Helen was not present in the hostel.2. Third accused was allegedly having clandestine affair with two Christian priests who were teaching in a college. The first accused was teaching in Psychology and the second accused, in Malayalam. On the crucial day, on 27.3.1992, since Sr. Abhaya was preparing for examination Sr. Shirly woke her up as promised, early...