Court : Kerala
Reported in : AIR1995Ker252
Ramakrishnan, J. 1. The constitutional validity of Section 10 of the Indian Divorce Act, 1869 (for short 'the Act') which regulated divorce among Christians in India for a century and a quarter is directly under challenge in the two Original Petitions at the instance of two Christian women on the ground that the provisions in Section 10 are violative of the fundamental rights guaranteed to them and other similarly situated Christian women under Articles 14, 15 and 21 of the Constitution of India. 2. Mary Sonia Zachariah, petitioner in O. P. No. 5805 of 1988 is a Syrian Christian governed by the Act. At the time of filing the O, P. she was aged 36 and was working as an Asst. Warden at Corpus Christi School, Kottayam. She was married to one P,C. Zachariah on 6-1-1972 at Emmanual Mar-thoma Church, Pazhanni, Thrissur according to the customary rites and ceremonies of the church. A daughter, Elizabeth Zachariah alias Kittu was born out of the said wedlock on 16-9-1974. On the basis of Exts....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
Paripoornan, J. 1. This is a public interest litigation. It concerns the famous Sree Krishna Temple, Guruvayur -- a very ancient temple of unique importance worshipped and held in great reverence by millions all over the country. The temple owns extensive movable and immovable properties and endowments. The temple has its own heritage and traditions of renowed referred memory, which adds grandeur and majesty to it over the entire globe. Shri C.K. Rajan, Chennara House, P.O. Nhamanghat, via. Kunnamkulam sent a communication to one of us (Paripoornan, J.) dated 3-2-1993 highlighting gross irregularities, corrupt practices, maladministration and mismanagement in Sree Krishna Temple, Guruvayur. A statement from Shri C.K. Rajan was recorded by the Registrar of this Court on 11-2-1993. He owned the sending of the petition, its content, etc. Gross irregularities, misadministration and various lapses were disclosed. The matter was placed before My Lord the Chief Justice, who, by order dated 11...
Tag this Judgment!Court : Kerala
Reported in : 1994(46)ECC189
M. Jagannadha Rao, C.J.1. The writ petition has been referred to a Full Bench by an order dated July 30, 1990, passed by a Division Bench of this Court. The issue relates to entry 27 of the First Schedule to the Kerala General Sales Tax Act, 1963, which imposes sales tax at the rate of 8 per cent on 'spices (including chillies and coriander seeds) not falling under any other items in the Schedule.' The Division Bench pointed out that a clarification is necessary as to which of the decisions, viz., Ambika Provision Stores v. State of Kerala [1987] 67 STC 170 and Deputy Commissioner of Sales Tax v. Rani Food Products [1988] 68 STC 446 is correct and as to the correctness of the order dated September 13, 1988 [Deputy Commissioner of Sales Tax (Law) v. Rani Food Products: C.M.P. No. 5651 of 1988] passed on review in Rani Food Products case [1988] 68 STC 446.2. It is initially necessary to state the facts of the case before us. The writ petitioner is a partnership firm dealing in pickles an...
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker201
ORDERK.P. Balanarayana Marar, J.1. Alapuzha Bar Association by a resolution adopted in an extraordinary general body meeting held on 10-1-1992 resolved to remove 12 members from the Bar Association. The resolution Ext. R1(b) describes them as retired hands. That resolution is under challenge in this original petition filed by the expelled members who seek a writ of certiorari or other appropriate writ or direction to strike down that resolution.2. Before joining the Bar at Alapuzha, petitioners had been in service either under the Government of Kerala, the Government of India or public undertakings. They were duly enrolled as members of the first respondent Bar Association. The Alapuzha Bar Association was incorporated under Section 28 of the Travancore Companies Act. Article 4(1) of the Memorandum of Association stipulates that membership is open to all advocates and pleaders entitled to practice in all or in any of the Civil Courts of Travancore and permanently residing within the ju...
Tag this Judgment!Court : Kerala
Reported in : [1994]207ITR909(Ker)
K.S. Paripoornan, J.1. These are connected cases. Income-tax Reference No. 100 of 1986 and Income-tax Reference No. 116 of 1989 go together. They relate to the assessment year 1976-77, the accounting year ending December 31, 1973. Income-tax Reference No. 97 of 1989 relates to the assessment year 1978-79, the accounting year ending December 31, 1977. It is at the instance of the Revenue that certain questions of law are referred in all these three cases for the decision of this court by the Income-tax Appellate Tribunal. The common assessee is the respondent in all these cases. All the relevant papers to be looked into for the purpose of deciding these references are contained in the paper book filed in Income-tax Reference No. 100 of 1986. In Income-tax Reference No. 100 of 1986, one question has been referred for the decision of this court by the Income-tax Appellate Tribunal for the assessment year 1976-77. For the same year, as directed by this court, on motion by the Revenue, in O...
Tag this Judgment!Court : Kerala
Reported in : (1992)106CTR(Ker)1
K. S. PARIPOORNAN, J. :These are connected cases. ITR No. 100/86 and ITR No. 116/89 go together. They relate to the asst. yr. 1976-77, year ending 31st December, 1973. ITR No. 97 of 1989 relates to the asst. yr. 1978-79, year ending 31st December, 1977. It is at the instance of the Revenue, certain questions of law are referred, in all these tree cases, for the decision of this Court by the Tribunal. The common assessee is the respondent in all these cases. All the relevant papers to be looked into for the purpose of deciding these references are contained in the Paper Book filed in ITR No. 100 of 1986. In ITR No. 100/86, one question has been referred for the decision of this Court by the Tribunal, for the asst. yr. 1976-77. For the same year, as directed by this Court, on motion by the Revenue, in OP No. 1151 of 1987, the Tribunal has referred two additional questions, for the decision of this Court; that form the subject matter of ITR No. 116 of 1989 (Relevant papers are in the Pape...
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker215
ORDERChettur Shankaran Nair, J.1. The question involved in these writ petitions is the same, -- it is whether respondents have power to regulate admissions to private Nursing Schools, run by minority communities. The notification impugned in all the writ petitions, is the notification, Ext. P1 in O.P. No. 10229/89.2. Petitioners represent Nursing Schools, established and administered by a minority community, namely the Christian Community. Taking power under Sub-section (1) of Section 36 of the Travancore-Cochin Nurses & Midwives Act 10 of 1953, as amended by Act 15 of 1961 and Act 14 of 1964, the Kerala Nurses & Midwives Council issued Ext. P1 notification dated 29-11-1989, regulating admissions to Nursing Schools, Section 36 of the Act, enables the Council to make regulations:'for all or any of the following matters: (a) .......................................................... (b) the conduct of any examinations which may be prescribed by rules as a condition of admission to the re...
Tag this Judgment!Court : Kerala
Reported in : [1991]81STC313(Ker)
K. Sukumaran, J.1. Dealers in diverse goods have come to the Constitutional Court seeking the striking down of Section 59A in the Kerala General Sales Tax Act, 1963. The goods in which they deal range from bread, bun and horlicks to volatile oil, cosmetics and shampoos and imitation jewellery. Even odd goods like tarpaulin, power line carriers, communication equipments, nylon fish nets, copper sulphate, microscope, battery plates and the like are arrayed in the list. Many cases have been disposed of without a pronouncement on the crucial question of constitutional validity, they could be so disposed of : for, the court, on an examination of relevant facts and factors, found that the governmental declaration under the impugned section was in tune with the correct legal position. Such decisions cover Importex International (P) Ltd. v. State of Kerala [1991] 81 STC 351 infra ; (1990) 2 KLT 487 and Rajan v. State of Kerala [1991] 81 STC 330 infra ; (1990) 2 KLT 511 ; in some others, the de...
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker1
Bhaskaran Nambiar, J. 1. Twoconfessed defaulters seek redress under Article 226 of the Constitution in practically identical circumstances in these two writ petitions. For convenience, therefore, it is sufficient to refer to the petitioner and the facts in one writ petition. O.P. No. 3799 of 1981.2. The Divisional Forest Officer, Palghat, notified on 4th December. 1979 that the right of collection and removal of all timber and firewood except Teak. Rosewood and other enumerated categories of wood, in specified areas will be offered for sale in public auction subject to certain conditions. The auction was held on 26-12-1979 and the petitioner was permitted to bid after he made the earnest money deposit of Rs. 1,000/- and signed a copy of the sale notice in token of having accepted all the conditions. He was the highest bidder with a bid of Rs. 3,31,000.00. He also paid on the sale date Rs. 10,000/- less the earnest money deposit already paid. Within a week thereafter, on 8-1-1980, he, h...
Tag this Judgment!Court : Kerala
Reported in : AIR1987Ker270
Bhat, J.1. These are petitions filed under Section 389 (alternatively under Section 482) of the Criminal P.C. (for short, 'the Code'), seeking release of the petitioners on bail to afford them time to 'present appeal' and obtain orders from the Supreme Court. The learned single Judge before whom the petitions came up for consideration noticed the conflicting views expressed by two Division Benches of this Court regarding power of this Court to grant bail viz. Abdulla Haji v. Food Inspector, Ker LT 754 : (1986 Cri LJ 1193) and Salim v. State of Kerala, 1985 Ker LT 711 : (1986 Cri LJ 1197) and referred the petitions for consideration by a Division Bench. Cri. M.P. 1145/85 came up before a Division Bench and the Bench referred the petition to a Full Bench and accordingly this Full Bench has been constituted. The other Cri. M.Ps. have also been placed before us.2. Cri. M.P. 1115/85 arises in Cri. R.P. 80/82. The other petitions arise in Cri. Appeals. In Cri. R.P. 80/82, this Court declined...
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