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Kerala Court July 2009 Judgments

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Jul 02 2009

Laila and anr. Vs. Muhammedali

Court: Kerala

Decided on: Jul-02-2009

Reported in: AIR2009Ker173; 2009(2)KLJ793

R. Basant, J.(1) Does the prayer for declaration of illegitimacy of a child born during the subsistence of a valid marriage fall within the sweep of explanation (e) to Section 7(1) of the Family Courts Act?(2) Is the presumption of legitimacy under Section 112 of the Evidence Act available in favour of a child born within 209 days of the date on which access commenced between the spouses?These are the crucial Questions that arise for consideration in this appeal.2. The appellants are a divorced wife and her minor daughter. The marriage of the first appellant with the respondent took place on 24,6,1985. The child in question (the 2nd appellant) was admittedly born on 13.7.1994. The marital tie was dissolved on 17.8.1995.3. Long later the respondent-husband alleged that he came to know that his name has been entered in the records of the Local Authority as the father of the child. He called upon the Local Authority by Exhibit A4 lawyer notice dated 20,2,2001 to reverse the entry regardin...


Jul 02 2009

Kerala Tourism Development Corporation Ltd. Vs. State of Kerala

Court: Kerala

Decided on: Jul-02-2009

Reported in: (2010)27VST367(Ker)

ORDERC.N. Ramachandran Nair, J.1. The Kerala Tourism Development Corporation Ltd., a Government of Kerala undertaking, is the petitioner in the three connected revision cases which pertain to the sales tax assessments of the company for the years 1988-89, 1989-90 and 1990-91. Besides running several hotels, the petitioner has wayside restaurants supplying food and beverages. The company has a single registration under the Kerala General Sales Tax Act, 1963 with branch registrations at all the sales outlets including the restaurants on road side. In the original sales tax assessments for the above years, the petitioner claimed exemption from payment of sales tax on cooked food and beverages in respect of certain restaurants, the turnover of which was less than Rs. 20 lakhs. Even though the claim was allowed in the original assessments, the Deputy Commissioner in exercise of suo motu powers under Section 35 of the KGST Act set aside the orders on exemption and directed assessment of the ...


Jul 01 2009

Venugopal K.P. Vs. State of Kerala and ors.

Court: Kerala

Decided on: Jul-01-2009

Reported in: 2009(2)KLJ809

ORDERV. Ramkumar, J.1. This is a petition to review the judgment dated 14-6-2006 rendered by a Division Bench of this Court in O.P. 14285/2002.2. We heard the learned Counsel for the petitioner as well as the learned Government Pleader.3. The petitioner was appointed as Third Grade Overseer in the Public Works Department on 15-5-1987 pursuant to the advise dated 3-2-1987 of the Kerala Public Service Commission. Prior to that, on the advice of the employment exchange, the petitioner was working as a Works Superintendent in the Public Health Engineering Department on a provisional basis from 7-9-1981. Consequent on the establishment of the Kerala Water Authority with effect from 1-4-1984 replacing the Public Health Engineering Department, the petitioner continued in the said provisional service in the Kerala Water Authority until he entered Government service as Third Grade Overseer in the Public Works Department on 15-5-1987 as aforesaid. Therefore, his provisional service under the Ker...


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