Kerala Court November 2015 Judgments
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Hindustan Petroleum Corporation Limited, (A Govt. of India Enterprise) ...
Court: Kerala
Decided on: Nov-26-2015
1. The petitioner is aggrieved with the fact that the petitioner's application for electric connection to a petroleum dealership has been declined as per Exhibit P6 for reason of no consent having been issued by the 4th respondent, who is the owner of the property. The officials of the Kerala State Electricity Board [for brevity "KSEB"], which is the 1st respondent herein, turned down the application of the petitioner on the ground that as per clause (2) of Regulation 45 of the Kerala Electricity Supply Code, 2014 [for brevity "Supply Code of 2014"] if the applicant is not an owner but an occupier of the premises, they shall furnish a No Objection Certificate from the owner of the premises along with the other documents stipulated therein. 2. The petitioner has challenged Regulation 45(2) also herein. The facts arising in the above case would indicate that a challenge to Regulation 45(2) need not be considered as of now and the writ petition itself can be disposed of on the basis of th...
Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. ...
Court: Kerala
Decided on: Nov-26-2015
Thottathil B. Radhakrishnan, J. 1. Having heard the learned counsel appearing for the appellant and the learned senior advocate for the Revenue, we encapsulate the question for decision in this appeal under Section 260A of the Income Tax Act, 1961, "IT Act", for brevity, as follows: Are the provisions of Section 80P of IT Act excluded in terms of Sub-section 4 of that Section; from application in relation to the Kerala State Co- operative Agricultural and Rural Development Bank Limited; governed by the provisions of the Kerala State Co- operative (Agricultural and Rural Development Banks) Act, 1984; hereinafter, the 'CARDB Act'? 2. We are dealing with the assessment year 2007-2008 or thereafter, and are therefore concerned with the impact of the insertion of Sub-section 4 of Section 80P in the IT Act with effect from 1.4.2007. We proceed accordingly. 3. In this appeal we do not propose to consider whether the appellant would be entitled to different deductions with respect to Sub-secti...
Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. ...
Court: Kerala
Decided on: Nov-26-2015
1. The petitioner is the Apex Co-operative Agricultural and Rural Development Bank having its Head Office at Thiruvananthapuram, with branches across the State. In its Regional Office at Kasaragode, the second respondent's wife, Smt.Syamala worked from 16.06.1995 to 18.11.2005 as a Sweeper on daily wage basis. Later, having been afflicted with cancer, she could not continue in service. She died on 15.03.2007. 2. In the course of time, the second respondent, being the husband and legal representative, filed A.R.C. No.84/2008 before the Registrar of Co-operative Societies, the first respondent, claiming that his wife, the erstwhile employee of the petitioner Bank, was entitled to regularisation of service in terms of Exhibit P1 Government Order and consequentially, for the arrears of salary and other service benefits. Then, the first respondent passed Exhibit P2 order dated 31.03.2010 directing regularization of the second respondent's wife and also the payment of consequential benefits ...
K. Shiju Vs. Nalini and Another
Court: Kerala
Decided on: Nov-26-2015
1. This revision petition is preferred by the accused against the judgment in Criminal Appeal 150/02 of the 1st Additional Sessions Judge, Kozhikode. Revision Petitioner was accused in C.C.351/99 of the Judicial First Class Magistrate-V, Kozhikode for having committed an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'N.I. Act'). The complainant s case is that, accused borrowed a sum of Rs.1,17,500/- from the complainant and in discharge of that debt, he issued Ext.P1 cheque. When the cheque was presented for encashment, it was dishonoured for the reason of funds insufficient. The complainant demanded the due amount by giving a notice in writing, but after notice, there was no repayment of the due amount, hence he filed a complaint before Judicial First Class Magistrate, Kozhikode. 2. During trial, complainant was examined as PW1 and his documents were marked as Exts.P1 to P7. The incriminating circumstances brought out in evidenc...
B.B. Sudhakaran Vs. State of Kerala represented by its Secretary, Gene ...
Court: Kerala
Decided on: Nov-26-2015
Facts: The petitioner is a Branch Manager in the third respondent Bank. While joining the service on 09.04.1991, he mentioned his date of birth as 30.11.1957: It was based on the date reflected in his SSLC book. 2. In 2006, the petitioner intended to apply for a passport. In compliance with the statutory requirement for obtaining a passport, he secured a date of birth certificate from the Kollam Municipal Corporation, within the territorial limits of which the petitioner was born. On his verifying Exhibit P1 date of birth certificate obtained from the Corporation, the petitioner came to know for the first time that he was born on 21.11.1958 not on 30.11.1957, which his SSLC book reflected and which he mentioned in his service records. 3. As soon as the petitioner had come to know about the discrepancy in the date of birth, on 01.01.2007 he submitted Exhibit P14 application to the Government for having the delay condoned so that he could apply for correction of date of birth as per Rule...
T. Bhaskaran Vs. M.P. Mohandas and Another
Court: Kerala
Decided on: Nov-26-2015
1. The complainant in C.C.No.296/2001 on the file of the Judicial First Class Magistrate Court, Payyoli is the appellant herein. The case was taken on file on the basis of a private complaint filed by the complainant against the first respondent alleging offence under section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'). 2. The case of the complainant in the complaint was that the accused borrowed a sum of Rs.1,28,000/- and in discharge of that liability, he had issued Exts.P1 and P2 cheques for Rs.78,000/- dated 14.9.2001 and Rs.50,000/- dated 6.9.2001 drawn on State Bank of Travancore, Vadakara branch in favour of the complainant, which when presented were dishonoured for the reason 'account closed' vide Exts.P3 and P4 dishonour memos. This was intimated to the complainant by his banker vide Ext.P5 letter. The complainant issued Ext.P6 lawyer notice vide Ext.P7 postal receipt and the same was received by the accused evidenced by Ext.P8 postal acknowled...
B.C. Kumaran Vs. State of Kerala represented by Secretary To Governmen ...
Court: Kerala
Decided on: Nov-25-2015
K. Vinod Chandran, J. 1. The above batch of writ petitions project before this Court the ravages of a pesticide ironically named End-o-sulfan used in the plantations, the specific impact being in the northern districts, especially Kasaragod. The name though derived from its composition; the pesticide has been revealed to be an 'endocrine disruptor', causing reproductive and developmental damage in both animals and humans. The public interest litigations [for brevity 'PIL'] seek a public law remedy, to arouse the Government to the gross ill-effects and to motivate it to provide for relief and rehabilitation to the victims, the majority of whom are from the marginalised sections of the society. The Government had been directed by the National Human Rights Commission [for brevity 'NHRC'] to provide for such relief/rehabilitation, which is also under challenge herein. As with any relief/rehabilitation scheme, it bristles with immense possibilities, for the wayward and the unscrupulous and ...
T.K. Adhitha Varma Raja, Irinjalakuda Co-Operative Agricultural and Ru ...
Court: Kerala
Decided on: Nov-25-2015
1. The petitioner, who is the member of the first respondent Bank, apart from being its erstwhile President, has questioned the manner and method of bifurcation the first respondent Bank has been subjected to. 2. Briefly stated, a Primary Co-operative Agricultural and Rural Development Bank, as has been defined under Section 2(oc) of the Kerala Co-operative Societies Act, 1969 ('the Act' for brevity), has to confine its area of operation to a particular Taluk. In this instance, the first respondent Bank is situated in Mukundapuram Taluk. Initially in 2008, when the said Taluk was divided and a new Taluk, Kodungallur, was created, the Bank was bifurcated. Once again in 2013, Mukundapuram Taluk was bifurcated; it resulted in the creation of Chalakudy Taluk. It has thus necessitated the division of the first respondent Bank, again. 3. As a consequence to the bifurcation of the respondent Bank, the Managing Committee prepared Exhibit P1 Draft Scheme for apportioning the assets and liabilit...
Banerji Memorial Club represented by its Secretary P.V. Thomas Vs. Tal ...
Court: Kerala
Decided on: Nov-25-2015
Ashok Bhushan, C.J. 1. This Writ Appeal has been filed against the judgment and order dated 16.10.2008 by which W.P(C) No.28735 of 2008 filed by the appellant has been dismissed. Writ Petition was filed by the petitioner, Banerji Memorial Club (for short, the Club ) challenging orders passed for eviction of the Club from the premises in question under the Kerala Land Conservancy Act, 1957 (hereinafter referred to as the 1957 Act ). The parties shall be hereinafter referred to as described in the Writ Appeal. 2. Following facts of the case emerge from the pleadings of the parties: The Club, now registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 was established in Thrissur Town on two plots, i.e. 51 5/8 cents in Sy.No.246/1 and 13 cents in Sy. No.246/2 of Thrissur Village in the year 1914. The petitioner claimed that the land was gifted by His Highness, the Maharaja of Cochin State for construction of the Club. The first meeting of...
Kerala Textile and Garments Dealers Welfare Association, represented b ...
Court: Kerala
Decided on: Nov-25-2015
1. In this batch of writ petitions, the petitioners challenge the levy of Turnover Tax on Textile articles, that was introduced in the KVAT Act [hereinafter referred to as the 'KVAT Act'], with effect from 01.04.2014 and continued in the statute book till 01.04.2015, with effect from which date, it was omitted therefrom. The provision was introduced through the Kerala Finance Bill of 2014 and, by virtue of a notification under the Kerala Provisional Collection of Taxes Act, came into force with effect from 01.04.2014. Thereafter, it assumed a modified form when the Kerala Finance Act, 2014 was enacted on 23.07.2014, with effect from 01.04.2014. With effect from 01.04.2015, the levy of turnover tax on textile articles was omitted and the goods were made taxable under the KVAT Act @ 1% under II Schedule to the KVAT Act. Before dealing with the grounds of challenge raised in the writ petitions, therefore, I feel it would be apposite to notice the provisions as they stood, when introduced ...
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