Kerala Court July 2011 Judgments

Jyothi Kumar and Another Vs. the University of Kerala, Rep by the Regi ...

Court: Kerala

1. Election to the Syndicate of the Kerala University, pursuant to Ext. P1 notification dated 07.02.2011 is under dispute. 2. With the same intent, the University had issued a notification earlier, which however was challenged for not notifying the Election in respect of the vacancy of student's representative in the Syndicate coming under Section 21 (b) (other member) of the Kerala University Act, by filing W.P.(C) No. 1641 of 2011. During the pendency of the said proceedings, the University withdrew the notification, based on which, the said writ petition was closed, leaving open all the issues concerned, vide Ext. P2 judgment dated 21.01.2011. 3. Thereafter, the University published Ext. P2 Electoral roll on 31.01.2011, followed by Ext. P1 Election notification dated 07.02.2011, notifying the various steps in connection with the date of Election and the relevant dates, including the date of counting to be conducted on 05.03.2011. The said notification is sought to be set aside by th...

Aneesha Remesh Vs. State of Kerala, Represented by Its Secretary, Heal ...

Court: Kerala

Whether the petitioners, who were permitted to continue their studies and participate in the examination, pursuant to the interim orders passed by this Court, are eligible to have their results declared, if they are otherwise not eligible even for being admitted for the course, is the primary point to be considered. The incidental question is, whether they are entitled for any equitable relief, even if, they are not strictly qualified, since the course is already over and nobody else is to be prejudiced as on date for not having admitted and permitted to pursue the studies. 2. Both the petitioners were aspirants to have admission to the 'Certificate Course - Ayurveda Nursing', conducted for the year 2009 - '10. The duration of the course is 300 working days and it includes 'practical'. The candidates belonging to the State of Kerala, who have passed the S.S.L.C. Examination or equivalent with minimum "50 % marks or equivalent grade" are eligible to apply. 3. Pursuant to Ext.P2 pr...

Craft Polymers Vs. Commissioner, Department of Commercial Taxes, Tvm. ...

Court: Kerala

C. N. Ramachandran Nair, J. 1. This is the second round of litigation by the appellant, which pertains to the rate of tax payable under the Kerala Value Added Tax Act on the appellant’s product, namely, Stainless steel fan hooks, manufactured and sold by them. 2. We have heard Sri. M. K. Dileep Kumar, Advocate appearing for the appellant / assessee and the learned Government Pleader for the respondents. The appellant is an industrial unit engaged in manufacture and sale of fan hooks made of stainless steel rods. The stainless steel rods purchased are cut and made into ‘U’ shape fan hooks for fixing in the sealing as hooks for attaching fans. The appellant started remitting tax under 4% treating the item as falling under Entry 43 sub-entries 21 and 22 of the IIIrd Schedule to the KVAT Act. However, the Assessing Officer relying on circular issued by the Commissioner on 28/07/2006 assessed item at 12.5% treating the same as hooks and eyes. When the assessment was questi...

The Commissioner Of Income Tax-ii Vs. M/S. Lakshmi Hospital, Diwan's R ...

Court: Kerala

Reported in: 2011(3)KLT80(SN)(C.No.80)

 "CR" COMMON JUDGMENT C.N. RAMACHANDRAN NAIR, J. 1. The appeals are filed by the revenue with a delay of 23 days. In the normal course, we should condone the delay only after issuing notice to the respondents and after hearing their objections. However, when the delay condonation petition came up for consideration before us, we heard merits of the case. For the reasons discussed below we do not find any ground to interfere with the orders of the appellate tribunal allowing respondent's claim. So much so, we condone the delay of 23 days in filing the appeals and proceed to consider the case on merits. 2. The respondent/assessee is a major hospital located in the middle of the city. During search conducted by the department, they noticed unaccounted collection of fees in the name of doctors and distribution of the same to various doctors serving the hospital whether as regular employees or as consultants. In the course of enquiry, the respondent/assessee accepted the collections bu...

M/S. Kerala State Industrial Enterprises Ltd. Vs. Commissioner of Cent ...

Court: Kerala

C. N. Ramachandran Nair, J. 1. The common question raised in these two appeals filed by a Public Sector Company under the control of the State Government is whether the “terminal charges’’ collected by them from various Airline companies for the facilities provided in the AIR Cargo Terminal attract service tax for “storage and warehousing” provided under S.65(102) of the Finance Act, 1994 (hereinafter called “the Act”). We have heard Senior counsel Sri.Joseph Kodianthara appearing for the appellant - company and Standing Counsel Sri.Thomas Mathew Nellimoottil appearing for the respondent. 2. Appellant is maintaining an Air Cargo Terminal very close to the Trivandrum Airport. Air cargo for export and passenger baggage for transport by Air are brought to the terminal maintained by the appellant where the Airline officials or the employees or agents of the cargo owners unload, X - ray and transport the goods to the plane. There is always a time la...

New India Assurance Co. Ltd, Divisional Manager, Divisional-office, Rp ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

MR. K.R. UDAYABHANU: PRESIDENT, J. 1. The appellants are the opposite parties/insurance company in CC.13/05 in the file of CDRF, Kannur. The appellants are under orders to pay a sum of Rs.8.lakhs towards the assured sum and Rs.1,000/- towards cost. 2. The complainants are the wife, children and the mother of the deceased Dileep Kumar who was working in the Sultanate of Oman for 21 years. He was covered with a Kudumba Arogya Scheme and Pravasi Suraksha Insurance Policy of the opposite parties for a sum of Rs.8.lakhs. The policy is in existence from 12/4/2001. The assured died on 14/2/2003 on account of burn injuries sustained on 5/2/2003 at his house. After sustaining injuries he was taken to Dhanalekshmi Hospital, Kannur and thereafter to Omega Hospital, Mangalore and then to Burns Unit of University Medical Centre, Mangalore wherein he died. The policy was repudiated on the ground that it was a self-inflicted injury and not covered by the policy. 3. The opposite parties have co...

M.C. Babu, Proprietor, Continental Agencies Vs. State of Kerala, Rep. ...

Court: Kerala

Questions urged for a decision are: (i) whether an accused against whom the complaint was withdrawn by the complainant and consequently was acquitted, could even after expiry of two (2) years from the date his property was attached seek release of attachment and restoration of the property, under sub sec.(3) of Sec.85 of the Criminal Procedure Code (for short "the Code') ? (ii) Whether, Sec. 4 to 24 of the Indian Limitation Act, 1963 (for short "the Act" would apply to the period of two years mentioned in sub sec.(3) of Sec.85 of the Code? 2. A resume of facts is necessary for decision of the question. The 2nd respondent filed a complaint before learned Judicial First Class Magistrate-II, Aluva alleging that petitioner committed offence under Section 138 of the Negotiable Instruments Act. Learned Magistrate issued summons to the petitioner. He appeared through counsel but thereafter there was no appearance. Learned Magistrate initiated steps under Secs.82 and 83 of Code on 04-06-2003. ...

C. Harikuttan Unnithan Vs. the Travancore Devaswom Board, Represented ...

Court: Kerala

The short question that arises herein is whether, for the appointment of Principal of an aided college by way of promotion, the Management was right in conducting a selection and in effecting appointment after preparing a rank list. Whether it satisfies the requirement of concerned University Act, is the other point argued. 2. The first respondent is the Travancore Devasom Board (for short 'the Board'). Ext.P1 is the notification issued by the Principal informing the decision of the Board to draw a select list and requesting the teachers to forward their willingness. There were three vacancies. The method of appointment is by promotion on the basis of seniority-cum-fitness. The petitioner is a Reader in the Department of Physics, in Devaswom Board College, Sasthamcotta. He also submitted his willingness along with the bio-data. It is pointed out that the petitioner, along with 17 others including respondents 2 to 4 who have been appointed as Principals later, were invited for an interv...