Kerala Court January 2009 Judgments
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Thomas A.O. Vs. State of Kerala
Court: Kerala
Decided on: Jan-01-2009
Reported in: 2009(1)KLJ622
V.K. Mohanan, J.1. The sole accused in S.C. No. 58/99 on the file of the court of Assistant Sessions Judge, Ernakulam is the appellant herein. He challenges the order of his conviction and sentence under Sections 306 and 376 of the Indian Penal Code imposed by the trial court as per its judgment dated 28-7-2001 in the above case.2. The prosecution case is that Sandhya, a girl aged 18 years, committed suicide on 29-10-1992 as a result of rape committed on her by the accused and on his instigation for committing suicide. The prosecution case can be summarised as follows:3. Sandhya, 18 years old girl, who is the victim in this case, committed suicide by consuming a poisonous fruit namely, 'Odallam'. She took the poisonous fruit on 28-10-1992 and died on the next day. At the relevant time, Sandhya was preparing for S.S.L.C. examination and was attending classes in a tutorial college. She was the third among the four children of her parents. According to the prosecution case, she was suffer...
State of Kerala Vs. Alex V. Chacko
Court: Kerala
Decided on: Jan-01-2009
Reported in: (2010)27VST278(Ker)
ORDERC.N. Ramachandran Nair, J.1. The question raised is whether sales tax recovered and remitted by the awarder from the contractor's bill is to be excluded from the turnover for the computation of tax at compounded rate as provided under Section 7(7) of the Kerala General Sales Tax Act 1963. The assessment involved is for the year 1998-99. The respondent-assessee was engaged in civil construction work and he applied for permission to pay tax at compounded rate under Section 7(7) of the Act. There is no dispute that the work involved was civil construction work attracting tax at the compounded rate provided under Section 7(7) of the Act. The Special Government Pleader appearing for the State contended that Section 7(7) provides for payment of tax at compounded rate on the whole amount of contract and not on the net amount received by the respondent after recoveries of tax by the awarder. Counsel for the respondent contended that the Tribunal was following their earlier order in anothe...
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