Kerala Court January 2010 Judgments

Selvam Vs. State of Kerala

Court: Kerala

Reported in: 2010(1)KLT508

A.K. Basheer, J.1. Are the Revenue Officials legally competent or entitled to interdict a registering authority under the Registration Act 1908 from registering a sale deed on the ground that the subject matter of the document is suspected to be a revenue puramboke land?2. Can the Revenue officials direct the registering authority to register the document only on production of a No Objection Certificate from the revenue officials?3. These two questions came up for consideration before a learned single Judge of this Court in the Writ Petition filed by the appellants. The learned single Judge disposed of the Writ Petition directing the District Collector, Idukki District to take a decision on the request made by appellant No. 1 for issue of a No Objection Certificate. The learned Judge directed that such a certificate be issued to appellant No. 1 if there are no 'inhibiting factors'. The above order is under challenge in this appeal.4. Appellant No. 1 is stated to be the owner in possess...

Sukumaran Vs. State of Kerala

Court: Kerala

Reported in: 2010(1)KLT546

ORDERM. Sasidharan Nambiar, J.1. Whether the owners of a private property cutting trees from his own property could be prosecuted, is the question to be settled in this petition.2. O.R. No. 19/2009 of Pariyaram forest range was registered under Annexure-A occurrence report in Form No. 1, under Sections 69, 61A, 63 and 52 of Kerala Forest Act, 1961 against the petitioners on the allegation that seven live teak trees and two dry teak trees standing in the private property of petitioners 4 to 8 were cut and made into pieces and transported in KL-06A 5157 mini lorry. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A report contending that when the trees were admittedly standing in the private properties of the petitioners 4 to 8, and were not cut from any forest land, Kerala Forest Act is not attracted and therefore, petitioners cannot be prosecuted for the offences under Sections 52, 61A, 63 and on that sole ground the occurrence report is to be qu...

T.S. Pushpamma W/O. (Late) Ponnappan, Vs. A. Saifudeen, Managing Partn ...

Court: Kerala

R. Basant, J.1. Wife and two minor children of a deceased are the appellants before us. The deceased suffered injuries in a motor accident which took place on 26/7/2002 and succumbed to those injuries immediately. He was a fisherman by avocation. The tribunal, on an anxious consideration of all the relevant inputs, came to the conclusion that the appellants are entitled to a total amount of Rs. 2,46,000/- as compensation as per the details shown below:Rs.Transportation, carriage of 5,000/-dead body and funeral expensesPain and suffering 5,000/-Loss of love and affection 10,000/-Loss of consortium 10,000/-Loss of dependency 2,16,000/-(Rs. 1,800/- x 12 x 2/3 x 15)Total 2,46,000/-The said amount was directed to be paid along with interest @ 6% p.a.2. The appellants/claimants claim to be aggrieved by the impugned award. What is their grievance? Called upon to explain the nature of challenge which the appellants want to mount against the impugned award, the learned Counsel for the appellant...

Tata Tea Ltd. Vs. Assistant Commissioner of Income-tax

Court: Kerala

Reported in: [2010]189TAXMAN303(Ker)

C.N. Ramachandran Nair, J.1. In the connected appeals filed by the assessee-company the question raised is whether the Income-tax Appellate Tribunal was justified in reversing the order of the first appellate authority by holding that appellant is not entitled to exemption from payment of tax under Section 10B of the Income-tax Act on the profits derived from its 100 per cent Export Oriented Unit engaged in blending, packing and export of tea bags and tea packets. We have heard Senior Counsel Sri. Joseph Vellappally appearing for the assessee-appellant and Senior Standing Counsel Sri. P.K.R. Menon appearing for the respondent-revenue.2. Appellant-assessee has a division exclusively engaged in blending, packing and export of tea bags, tea packets and bulk tea-packs. This division enjoys recognition as a 100 per cent Export Oriented Unit which is granted by the Development Commissioner, Ministry of Commerce and Industry, Government of India. Income-tax exemption under Section 10B of the ...

M.Mohammed Ali. Vs. the Chief Conservator of Forests.

Court: Kerala

1. The appellant is the writ petitioner. He was transferred from Achenkovil Timber Depot to Kerala Forest School, Arippa, by Ext.P3 order dated 4.12.2009. Challenging the said order, the Writ Petition was filed. According to him, the transfer was in violation of the norms governing the same, because he has got only one one year's service left before retirement. Secondly, it was pointed out that the transfer was vitiated by malafidies. According to him, he is an honest officer and was doing everything possible to increase the revenue from the sale of timber. Such attitude of the appellant was disliked by the syndicate of auction bidders, which was very active in the timber depot. Therefore, false complaints were filed against him, which were enquired into by the Divisional Forest Officer, Timber Sales Division, Thiruvananthapuram. The said officer was not on good terms with him. Based on his report, the transfer was ordered, it is submitted. Therefore, it is vitiated by malafidies. When...

George Thomas and Another Vs. C.C.Janardhanan and Others

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SRI. K.R. UDAYABHANU : PRESIDENT The appellants are the opposite parties 4 and 5 in OP.1141/99 in the file of CDRF, Thrissur. Opposite parties 7 in number including the 1st opposite party firm is under orders to pay 30,000/- with interest at 12% from 30.10.96. and also to pay Rs.250/- as cost. 2. It is the case of the complainant that he deposited an amount of Rs.30,000/- in fixed deposit with the 1st opposite party firm for the period of 2 years on condition that the amount will be repaid on maturity with 12% interest. Subsequently the amount was not paid. 3. Except opposite parties 4 and 5, the rest stood ex parte. 4.Opposite parties 4 and 5 filed separate versions contending that the complainant and opposite parties 2 and 3 have colluded together and forged the fixed deposit receipts. According to them the establishment has been dissolved on 5.7.99 and OS 81/2000 is pending at Sub Court, Thrissur for settlement of accounts. It is also contended that from 29.7.95 the firm s...

Managing Director, Muthoot Mercantile Ltd. Vs. S. Abdul Jabbar

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellant is the opposite party in OP No. 05/2007 in the file of CDRF, Thiruvananthapuram. The appellant is under orders to pay a sum of Rs. 1,000/- as compensation and Rs. 1,000/- as costs. 2. The case of the complainant is that he pledged gold ornaments with the opposite party on 26-04-2006 for a sum of Rs. 8,000/-. The agreed rate of interest was 18%. On 16-11-2006 when he approached the opposite party to redeem the ornaments 24% interest was demanded. The opposite party was also not willing to issue receipt for the same. The complainant petitioned before the Police Inspector, Thampanoor. The Police Inspector summoned the staff of the opposite party and directed to return the ornaments collecting interest only at 18%. It is alleged that the opposite party in violation of the banking laws were attempting to collect excess interest and was refusing to issue receipts to evade tax payment. According to him, he could not attend duties for 2 da...

Kuttan S/O. Kochukuttan Vs. Surendran,

Court: Kerala

R. Basant, J.1. Claimant is the appellant. He claimed compensation for injury suffered by him in a motor accident which took place on 22/7/2000. He had suffered comminuted Bycondylar fracture of right tibia. He was an in-patient for a period of 47 days. The accident allegedly resulted in permanent physical disability. PW2 doctor who examined him had issued Ext.A14 disability certificate assessing the extent of physical disability to be 18%. The claimant belongs to the age group 45-50 years, he having been born on 05/07/1951 and the accident having taken place on 22/7/2000. The claimant is a welder by profession. He produced Ext.A13 certificate from his erstwhile employer to claim that he was getting an income of Rs. 5,000/- p.m. That certificate, it may be relevant straight away to note, was issued by the alleged employer claiming that the claimant was employed by him and had already left the employment of the employer voluntarily. The tribunal, on an anxious consideration of all the m...

Ajayakumar Vs. Commissioner of Commercial Taxes

Court: Kerala

Reported in: 2010(2)KLT284

C.N. Ramachandran Nair, J.1. Appeal is filed against clarification issued by the Commissioner under Section 94 of the K.V. A.T. Act, 2003, hereinafter called the 'Act' clarifying that appellant's product which is the plastic cover used in the manufacture of electronic choke is a commodity falling under Entry 103 of S.R.O.82 of 2006 taxable at 12.5 per cent. We have heard counsel appearing for the appellant and Government Pleader for the respondent.2. The contention of counsel for the appellant is that product is similar to the items referred to in Entry 174(1)(a) of List A of Third Schedule to the Act, which is as follows:Plastic containers for audio or video cassettes, cassette tapes, floppy discs and similar articles.According to counsel the item is covered by the above entry under the under 'similar articles'. However, Government Pleader submitted that 'similar articles' referred to therein can always be articles similar to the first three items specified in the Entry. The items cov...

Anilkumar Vs. R.T.A.

Court: Kerala

Reported in: 2010(1)KLT758

P.N. Ravindran, J.1. The petitioner applied for the grant of a fresh regular permit to operate a stage carriage on the route Olappara-Nedumparambu. In the application for regular permit the petitioner had offered to make available a vehicle before the permit is issued. The Regional Transport Authority, Kollam considered the application at its meeting held on 27.7.2009 and resolved to grant a regular permit to the petitioner subject to settlement of timings. Ext.P1 is a copy of the proceedings issued by the Regional Transport Authority, Kollam in that regard.2. After Ext.P1 was issued, the petitioner obtained a stage carriage bearing registration No. KL-16D-4302 on lease from Smt. T. Suja, the registered owner of the said vehicle. Ext.P2 is a copy of the lease deed dated 9.12.2009 entered into between the petitioner and the registered owner of the said vehicle. Ext.P3 is a true copy of the certificate of registration in respect of the vehicle leased out to the petitioner by Smt. Suja. T...