Kerala Court March 2009 Judgments
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Revi Menon Vs. State of Kerala
Court: Kerala
Decided on: Mar-11-2009
Reported in: 2009(1)KLJ783
ORDERV. Ramkumar, J.1. In this Revision filed under Section 397 read with Section 401 Cr.P.C. the 1st accused in Crime No. 227 of 2008 of Museum Police Station, Thiruvananthapuram registered for offences punishable under sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 ('the Act' for short) challenges the order dated 9-2-2009 passed by the Chief Judicial Magistrate, Thiruvananthapuram, taking cognizance of the offences punishable under sections 3 and 4 of the Act after assigning a number to the case as C.C. No. 268 of 2008 and issuing process against accused Nos. 1 and 2 To avoid embarrassment for the parties concerned their real names have been disguised in this order.2. The case of the prosecution can be summarised as fol1ows:On 27-6-2008 the 1st accused (A1 for short) who is a retired Rear Admiral by name Mr. X, aged 65 years and hailing from central Kerala, called Miss. A, the 2nd accused (A2 for short) aged 21 years, hailing from chirayinkeezhu into his rented premis...
Mr. X Vs. State of Kerala
Court: Kerala
Decided on: Mar-11-2009
Reported in: 2009CriLJ2321
ORDERV. Ramkumar, J.1. In this Revision filed under Section 397 read with Section 401 Cr.P.C. the 1st accused in Crime No. 227 of 2008 of Museum Police Station, Thiruvananthapuram registered for offences punishable under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 ('the Act' for short) challenges the order dated 9-2-2009 passed by the Chief Judicial Magistrate, Thiruvananthapuram, taking cognizance of the offences punishable under Sections 3 and 4 of the Act after assigning a number to the case as C.C. No. 268 of 2008 and issuing process against accused Nos. 1 and 2. To avoid embarrassment for the parties concerned their real names have been disguised in this order.2. The case of the prosecution can be summarised as follows:On 27-6-2008 the Ist accused (A1 for short) who is a retired Rear Admiral by name Mr. X, aged 65 years and hailing from Central Kerala, called Miss. A, the 2nd accused (A2 for short) aged 21 years, hailing from Chirayinkeezhu into his rented premi...
Assistant Commissioner (Assessment) Ii and ors. Vs. Hindalco Industrie ...
Court: Kerala
Decided on: Mar-11-2009
Reported in: (2009)25VST340(Ker)
C.N. Ramachandran Nair, J. 1. Appeal is filed by the State challenging the judgment of the learned single judge1 directing the assessing officer to issue notice of demand for the purpose of recovering the arrears as a defaulter and to enable the assessee to move for stay in appeal. We have heard the Government Pleader appearing for the appellant and counsel appearing for the respondent.2. The CST assessment of the respondent for the year 1998-99 was completed vide annexure Al dated October 30, 2002. Interest of Rs. 64,73,529 is seen demanded from May 1, 1999 till date of completion of assessment. The respondent filed appeal against the said assessment and the appellate authority directed modification of the assessment order. Pursuant to the order in appeal, the assessing officer revised the assessment vide exhibit P1 dated January 31, 2007. In the said order interest is seen calculated from March 7, 2003 to March 31, 2007 and the total interest demanded is Rs. 47,94,137. However, the a...
Eldhose Vs. Yacob and ors.
Court: Kerala
Decided on: Mar-06-2009
Reported in: AIR2009Ker104; 2009(1)KLJ837
K.T. Sankaran, J.1. The petitioner filed O.S. No. 475 of 2006, on the file of the Court of the Munsiff of Muvattupuzha, against the respondents for specific performance of an agreement for sale, for fixation of boundaries and for permanent prohibitory injunction. The relief for specific performance relates to A schedule property, of which the first defendant was the owner. The plaintiff alleged that the first defendant transferred that property to defendants 2 and 3. The plaint B schedule property lies adjacent to A schedule, which belongs to the plaintiff and the first defendant. The case of the plaintiff is that the second defendant cut open a way through the plaint B schedule property. The prayer for fixation of boundary was made after amending the plaint, in these circumstances.2. An Advocate Commissioner was appointed to inspect me property and to submit a report. The Taluk Surveyor who assisted the Commissioner stated that there was an acquisition of certain extent of land for Pe...
Usmatech Taxtile Engineers Pvt Ltd. Vs. the Branch Manager, K.F.C. Ltd ...
Court: Kerala
Decided on: Mar-06-2009
Reported in: 2009(2)KLJ83
Antony Dominic, J.1. Prayers in this writ petition are to quash Ext. P19 and declare that the petitioner Company is entitled to the benefit of Exts. P13 Recovery Policy for the Financial Year 2007-08, (hereinafter referred to as the One Time Settlement (OTS) scheme) as amended by Ext. P14, announced by the 2nd respondent, based on Ext. P8 application made by the petitioner on 12-12-2007.2. The petitioner is a company incorporated under the Companies Act, 1956. Pursuant to applications made by the Company, on 29-12-2000 and on 09-11-2001, the respondents had granted loan for a total amount of Rs. 97.13 lakhs and for the security of which, the Company had mortgaged 1.25 acres of land and the improvements therein and also the residential property of the Managing Director, as additional collateral security. Though by about 2000, production was commenced in the factory set up by the Company, from the records it is evident that consequent on the losses suffered, the factory was closed in 200...
Meenachil Rubber Marketing and Processing Co-operative Society Ltd. Vs ...
Court: Kerala
Decided on: Mar-06-2009
Reported in: (2009)26VST344(Ker)
C.N. Ramachandran Nair 1. The appellant is a member society engaged in processing of rubber latex to centrifuged latex and selling the same. Centrifuging is a process by which substantial portion of water is removed from field latex to make it thick cream of rubber and preservatives are added to it. Centrifuged latex is nothing but a raw material used for making rubber gloves, automobile tubes, clinical examination gloves, etc. The original entries in the Sales Tax Act providing for sales tax on various forms of rubber are the following:38. Rubber excluding synthetic rubber At the point of last purchase in theState by a dealer who is liable to tax under Section 5.39. Rubber products other than those At the point of first sale in the State specifically mentioned in this by a dealer who is liable to taxSchedule. under Section 5.2. Entry 38 was later substituted covering rubber in all forms under one single entry all of which were made taxable at the point of last purchase in the State. T...
K. Sivadsan Nair Vs. the Registrar of Co-operative Societies and ors.
Court: Kerala
Decided on: Mar-05-2009
Reported in: 2009(1)KLJ810
Thottathil B. Radhakrishnan, J.1. Petitioner, the president of the third respondent, Kerala State Co-operative Agricultural and Rural Development Bank Ltd. No. 4017, challenges Ext. P5 decision of the Registrar of Co-operative Soceities, granting deemed affiliation to the second respondent, a Taluk Co-operative Agricultural and Rural Development Bank, to the third respondent apex bank. The relevant facts are as follows:(a) Following directions of this Court in O.P. No. 10603/00, the Government issued Ext. P1, permitting, among others, the second respondent, to continue to function. The third respondent apex bank was required to take immediate action for granting affiliation to the six Primary Agricultural Co-operative and Rural Development Banks enlisted in Ext. P1. That includes the second respondent.(b). The second respondent submitted an application to the third respondent for affiliation.(c) That was rejected as per Ext. P2 resolution on 14-12-2004 on the ground that' the resolutio...
Alagadurai Vs. P. Immanuel Nasa JustIn and ors.
Court: Kerala
Decided on: Mar-05-2009
Reported in: 2010ACJ184; 2009(2)KLJ17
R. Basant, J.(i) Does 'Act only policy' under Section 147 of the Motor Vehicles Act, 1988 (for shot 'the Act') cover the liability under the Workmen's Compensation Act, 1923 (for short 'the W.C. Act') of the owner of a goods carriage in respect of a driver employed by him who was not engaged in driving the vehicle; but was carried in the vehicle in connection with his employment at the time of the accident?(ii) Can injuries falling under any one of the Entries in Part II of Schedule 1 of the W.C. Act even be reckoned as total disablement under Section 2(1) and 4(1)(b) of the W.C. Act? These are the two questions of law arising for consideration in this appeal.2. To the crucially relevant and vital facts first. There is no serious dispute on facts. The claimant before the Tribunal is the appellant by the owner of the vehicle to drive the vehicle. That vehicle is admittedly a goods carriage and is covered by a valid policy of insurance. On 6-7-1997, the appellant was engaged in driving t...
State Bank's Staff Union and Ors. Vs. State Bank of India and Ors.
Court: Kerala
Decided on: Mar-05-2009
Reported in: 2009(2)KLJ497
S. Siri Jagan, J.1. By three original petitions, three unions of employees of two nationalised banks, who represent the highest paid section of employees in the Public Sector, have come up with a claim for enhanced House Rent Allowance (HRA) and City Compensatory Allowance (CCA) relying upon a Notification issued by the Government of Kerala redefining the Metropolitan areas in the Districts of Thiruvananthapuram, Ernakulam and Kozhikode for the purpose of Part IXA of the Constitution of India, in exercise of powers conferred by Clause (c) of Article 243P of the Constitution of India, claiming that for the purpose of calculating HRA and CCA that notification should be the basis, meaning thereby that population of the entire metropolitan area so defined shall be the basis for payment of HRA and CCA to employees working in any one of the branches situated in any of the places included in the metropolitan area so defined.2. The Service conditions of staff and officers of Banks in India are...
Haru Adhikari Vs. State of Kerala
Court: Kerala
Decided on: Mar-05-2009
Reported in: (2010)27VST100(Ker)
C.N. Ramachandran, J.1. The petitioner is a dealer in sanitary items, G. I pipe, fittings, etc. The sales tax assessment was completed by the assessing officer during the year 1995-96 accepting the books of account. However, the Deputy Commissioner later noticed that the petitioner was subjected to penalty by the Intelligence Officer in respect of transport of consignment of goods under Section 29A(4) of the Kerala General Sales Tax Act, 1963. Based on the penalty levied under Section 29A(4) the Deputy Commissioner set aside the assessment order and remanded the case back to the assessing officer for fresh assessment after taking into account the penalty levied by the Intelligence Officer. The original assessment was completed on December 1, 1998 and the Deputy Commissioner passed orders under Section 35 on June 3, 2002. Revised assessment was completed by the assessing officer pursuant to the orders issued by the Deputy Commissioner on May 29, 2005. While revising the assessment pursu...
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