Kerala Court March 2012 Judgments
M/S. Ramapriya Hotel (P) Ltd. and Another Vs. the Trivandrum Specialis ...
Court: Kerala
Decided on: Mar-28-2012
Thomas P. Joseph, J. 1. Heard. The appeal is admitted on the following substantial question of law: "Whether in a case where the document granting a right of easement does not specifically mention alignment of the way over which the grant is created, use of another way belonging to the servient owner temporarily with permission of the servient owner would fasten the agreement as per the document on that way". 2. There was an agreement between the first appellant- original defendant and respondent-plaintiff, a Company to lease out the land belonging to the first appellant to facilitate respondent running a specialised hospital. Accordingly Ext.A3, agreement dated 05.04.1986 was executed between the first appellant and the respondent whereby the first appellant agreed to lease out 4 acres belonging to it to the respondent in two phases. That was followed by Ext.A1, lease deed dated 15.01.1987 executed by the first appellant in favour of the respondent regarding plaint A schedule - 2 acre...
Tag this Judgment!Union of India, Represented by the Secretary to Government of India an ...
Court: Kerala
Decided on: Mar-28-2012
Thottathil B. Radhakrishnan, J. 1. These writ petitions are filed by the Government of India challenging the orders passed by the Central Administrative Tribunal, holding that the sealed cover procedure adopted in relation to the employees involved in these litigations for DPC held on 31.5.2011 is bad in as much that procedure was not contemplated or provided for in terms of the governing laws. 2. In its gist, the view of the Tribunal is that after the law was laid by the Apex Court in Union of India v. K.V.Janakiraman [AIR 1991 SC 2010], the Government of India, through the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), came out with O.M. No.22911/4/91 Estt (A) dated 14.9.1992, in supersession of the earlier guidelines governing the concept of promotion of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation and therefore, the said O.M. governs the situation, in terms of which...
Tag this Judgment!M/S. Tropical Farms, Maramon, Kozenchery, Represented by Its Managing ...
Court: Kerala
Decided on: Mar-28-2012
Ramachandran Nair, J. 1. The issue raised in the connected revision cases relating to two assessees is whether the activities carried on in the poultry farm i.e. buying one or two day old chicks, rearing the same into full grown chicken and sale of the same, entitles the farm to get the benefit of presumptive tax under Section 6(5) of the Kerala Value Added Tax, 2003 (hereinafter referred to as the Act for short). 2. We have heard learned counsel for the petitioners and learned Senior Government Pleader appearing for the respondent. 3. The petitioners are admittedly poultry farmers engaged in purchase of one or two day old chicks, rearing the chicks in the poultry farm under the strict control of air, temperature, standardised feeding and medication and sale of full grown birds as broiler chicken exclusively for it's meat value for human consumption. Admittedly, chicken is taxable under the residuary entry under notification issued in 2006 under Section 6(1)(d) of the Act taxable at 12...
Tag this Judgment!M. Rasheed, Principal, Btm Arabic College Vs. Badruddeen
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Mar-28-2012
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party in CC.52/09in the file of CDRF, Kasargod. The appellant is under orders to return TC, SSLC book and other relevant documents to the complainant along with compensation of Rs.25000/- and cost of Rs.3000/-. 2. The appellant was ex-parte before the Forum. 3. The application filed to condone the delay of 424 days before this Commission was dismissed and consequently the appeal was also dismissed. There upon the appellant filed a writ petition No.30011/11 of High Court of Kerala which has allowed and directed this Commission to treat the delay as condoned. Thereafter the matter was heard on admission. In view of the fact that the order of the Forum is not a considered one as the appellant was ex-parte the same is set aside. The Forum will issue notice to the complainant and permit the opposite party to contest the matter and dispose of the case on merits. 4. The matter stands posted before the Forum on 4.5.12. Office...
Tag this Judgment!Biju Paul and Another Vs. the Nedungadi Bank Ltd., Rep. by Manager of ...
Court: Kerala
Decided on: Mar-27-2012
1. The plaintiffs, who had their suit dismissed by the lower court, are the appellants. 2. Plaint item Nos.1 and 2 were obtained by the plaintiffs as per Exts.A1 and A2 dated 24.6.1993. The plaintiffs have ever been in possession and enjoyment of the property from the said date. The second defendant had availed of a loan of Rs.10,00,000/- from Federal Bank, Ernakulam after mortgaging the plaint schedule property in March, 1989. Defendants 2 and 3 executed a mortgage in favour of the said Bank. Since the debt remained undischarged, the Bank initiated proceedings and instituted O.S.231 of 1992 before the Sub Court, North Parur. In order to discharge the debt, defendants 2 and 3 approached the father of the first plaintiff and the plaintiffs had purchased the plaint schedule property. The amount due to the Bank was paid and the defendants had obtained the original assignment deeds namely, Exts. A3 and A3(a) which were handed over to the plaintiffs. After Exts.A1 and A2, the plaintiffs hav...
Tag this Judgment!The Commissioner of Income Tax, Thrissur Vs. the Dhanalakshmi Bank Ltd ...
Court: Kerala
Decided on: Mar-27-2012
Ramachandran Nair, J. 1. These review petitions are filed by the Revenue based on observations made by the Honourable Supreme Court while disposing of Special Leave Petitions filed against the judgment of this Court rendered in Income Tax Appeals relating to the respondent assessee. The respondent is a Banking Institution which has incurred expenditure for earning income that is exempt from payment of tax and do not constitute part of the total income assessable under the Income Tax Act, 1961 (hereinafter referred to as the Act for short). Section 14A of the Act is a new provision introduced in the Income Tax Act by Finance Act, 2001 with retrospective effect from 01/04/1962 under which expenditure incurred by the assessee for earning income which does not form part of total income is not an allowable deduction. Even though the main provision of Section 14A is given retrospectivity the proviso imposed a prohibition against the Assessing Officer from revising a concluded assessment eith...
Tag this Judgment!Maryam Vs. Home Secretary to Government of India Central Secretariat, ...
Court: Kerala
Decided on: Mar-27-2012
Joseph Francis, J. 1. This writ of habeas corpus is filed by the wife of the alleged detenu, under Article 226 of the Constitution of India for production of Muhammed Sikhander Gora, who is her husband, alleged to have been illegally detained by respondents 5 and 6, who are the father and sister of the alleged detenu, residing at Srinagar District in Jammu and Kashmir State. 2. The case of the petitioner is briefly as follows: The petitioner is a permanent resident of Kerala and she is Christian in origin. The petitioner was converted from Christianity to Islam on 12.6.2010 and she married the alleged detenu, who is a Muslim, on 16.6.2010. Respondents 5 and 6 are her father-in-law and sister-in-law and they are residing at Srinagar District in Jammu and Kashmir State. After the marriage, the petitioner and the detenu settled at his house at Srinagar along with respondents 5 and 6. Subsequently, the petitioner's entire gold ornaments and an amount of Rs.1,00,000/- had been misappropriat...
Tag this Judgment!Vyasan, Thrissur District Vs. State of Kerala, Represented by C.i. of ...
Court: Kerala
Decided on: Mar-27-2012
K. Vinod Chandran, J. 1. A train of witnesses paraded before Court, turning hostile with careless abandon and the prosecution left helpless before a Court looking askance at the whole drama; is the bane of criminal judicial system in this country. Mounting the box, they deny the obvious, pretend ignorance of facts and give free play to their imagination making pursuit of truth a wild goose chase. When there is always clamour for fair trial by persons arraigned before Court, the same persons when arrayed as witnesses shed the cloak of righteous indignation and conveniently forget their duties as citizens to the society in general and administration of justice in particular. This insidious trend needs to be addressed with seriousness and concern by the law makers. Such woes apart - we are in this case concerned with the brutal murder of a young man allegedly by the appellant, another youth, along with two juveniles that too for the alleged motive of refusing to share an alcoholic drink. ...
Tag this Judgment!Reshmi Devi Vs. the University of Kerala, Represented by the Registrar ...
Court: Kerala
Decided on: Mar-26-2012
1. In this appeal filed under order XLIII Rule 1 (a) C.P.C. the appellant who was the petitioner/plaintiff in O.P. (Indigent) No. 5 of 2010 on the file of the Subordinate Judge's Court, Mavelikkara challenges the order dated 23-01-2012 returning the said O.P. under Order VII Rule 10 C.P.C. for presentation before the proper Court having jurisdiction . 2. The proposed suit is against the University of Kerala represented by its Registrar, Palayam, Thiruvananthapuram seeking damages to the tune of Rs. 10,00,000/- (Rupees ten lakhs only) for the alleged negligence by way of irretrievable loss of the answer book of the appellant with regard to the paper in Management Science for the first year (previous) M.Com examination for which the appellant appeared from the S.D. College, Alappuzha during September- October, 2005. 3. According to the appellant she approached the Taluk Legal Services Committee, Mavelikkara, for legal aid and the said Committee appointed an advocate for conducting her ca...
Tag this Judgment!Standard Metals Kandathara, Rep. by C.A. Shabeer Ali Vs. Kerala Small ...
Court: Kerala
Decided on: Mar-26-2012
Chitambaresh, J. 1. Should not the disposal of public property by auction be fair and transparent and beyond reproach This is the important question mooted in this writ appeal. 2. The Government of Kerala transferred 25 acres of land of Kerala State Salicylates and Chemicals Ltd. to Kerala Small Industries Development Corporation ('SIDCO' for short). This was for the purpose of setting up a proposed telecom city with an estimated cost of Rs.400-450 crores. The machineries in Kerala State Salicylates and Chemicals Ltd. had been remaining idle in an acidic atmosphere for quite long. The machineries had become scrap due to the proximity of the plant to the sea and deserved to be sold in 'as is where is' condition. The Government accorded sanction for the disposal of the plant and machinery of the defunct company through open tender. The SIDCO thereupon issued Ext.P1 notification inviting sealed tenders under two part bid system (pre-qualification bid and price bid). The relevant part of t...
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