Kerala Court November 2009 Judgments

The Alakkod Service Co-operative Bank Ltd., Thodupuzha and Another Vs. ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI. S. CHANDRA MOHAN NAIR : MEMBER This appeal is preferred by the opposite parties against the order dated 1st July 2008 in CC 17/2007 of CDRF, Idukki wherein and whereby the opposite parties are directed to give to the complainant compensation of Rs. 7,000/- with costs of Rs. 2,000/- within one month from the date of receipt of copy of the order failing which the outstanding amount would carry interest at 12% per annum from the date of default till the date of payment. 2. The brief facts of the case bereft of unnecessary details in the complaint are that the complainant is an account holder of the opposite parties and that on 29-11-2006 he presented a bearer cheque for Rs. 40,000/- to the opposite parties for collection. The cheque was in the name of his son Thomas T Onattu and that as required by the opposite parties the complainant obtained an endorsement from the said Thomas T Onattu and when it was presented again, the opposite parties were reluctant to honour the cheque and as...

S.M. Thaj Vs. Registrar of Companies

Court: Kerala

Reported in: [2010]97SCL192(Ker)

C.T. Ravikumar, J.1. The petitioner was the Managing Director of a company in the name and style of Major Chemicals Ltd., duly registered under the Companies Act, 1956, According to the petitioner, it was incorporated as public company on 1-6-1984 but as per the respondents it was so incorporated on 2-2-1984. The main object of the company was to manufacture Potassium Chlorate and Sodium Chlorate. The petitioner approached this Court by filing the above Writ Petition mainly with the following prayers:(i) To issue a writ of certiorari calling for the records leading to Exhibits. P5 and P6 complaints pending before the Special Court of the Additional Chief Judicial Magistrate (Economic Offences) as ST Nos. 296 and 299 of 2000.(ii) To issue a writ, direction or order in the nature of mandamus commanding the respondent to take necessary steps contemplated under Section 560 of the Companies Act to struck off the Major Chemical Ltd. (Reg. No. 3906 of 1984) from the register.2. For the manufa...

Kerala Agricultural University Vs. BeenA. V.i.

Court: Kerala

Balakrishnan Nair, J.1. The point that arises for decision in this case is whether a vacancy set apart for special recruitment from a backward community can be reckoned for the purpose of deciding whether reservation has exceeded 50% during any selection year, as contemplated under Rule 15(d) of the Kerala State and Subordinate Services Rules. The respondent in the Writ Petition - the Registrar, Kerala Agricultural University, is the appellant and the writ petitioner is the respondent herein. The brief facts of the case are the following:2. The respondent was a candidate for appointment to the post of Assistant Professor in the discipline of Soil Science and Agricultural Chemistry, under the Kerala Agricultural University. Five vacancies were notified. Ext.P4 is the rank-list published by the University for appointment to the said post. The respondent was Rank No. 3 in the said list. As per the relevant statutory provisions, rules of reservation contained in Rules 14 to 17 of Part II o...

Meeran Vs. Dy. Commissioner of Income Tax

Court: Kerala

Reported in: 2010(1)KLT553

C.N. Ramachandran Nair, J.1. The question raised in the Gift Tax Appeal filed by the assessee is whether the Tribunal was justified in holding that the value of one Maruti car and 151 sovereigns of gold given by him to his daughter at the time of marriage reduced by the exemption of Rs. 30,000/- available under Section 5(1)(vii) constitute a gift assessable under the Gift Tax Act, 1958 (hereinafter called 'the Act'). We have heard Sri. P. Balakrishnan, counsel appearing for the appellant.2. Counsel relied on decision of this Court in Commissioner of Gift Tax v. Sundaram Achari reported in : (2004) 266 ITR 681 and contended that like a Hindu father, a Muslim father also has a moral obligation to get his daughter well married and so much so, following the judgment above referred the above gifts given at the time of marriage do not constitute chargeable gift under Section 2(xii) of the Act. He has further pointed out that the distinction drawn by the Madras High Court in Commissioner of G...

The Corporate Manager, Cms Schools and the Principal Vs. Josephine She ...

Court: Kerala

Balakrishnan Nair, J.1. These appeals are directed against the judgment of the learned Single Judge in O.P. No. 38429 of 2002 filed by the first respondent, Smt. Josephine Sherly Paul. W.A. No. 1060 of 2008 is treated as the main case for the purpose of referring to the parties and the exhibits.2. The first respondent is at present working as Lower Grade Hindi Teacher in the C.M.S. Higher Secondary School at Mallappally. There was dispute concerning her posting at Kalavankode in Cherthala, her re-transfer to Mallappally and the alleged non-joining duty etc. But, in view of the judgment of the learned Single Judge, which is under appeal, the only dispute that survives for consideration by the Division Bench is concerning the claim of the first respondent for transfer to CMS High School at Pallom. The claim of the first respondent for payment of salary for the period from 12.2.2002 to 4.3.2003 has been resolved to the satisfaction of the first respondent. Since the Government did not fil...