Court : Kerala
Reported in : AIR1966Ker46
ORDERP. Govindan Nair, J. 1. The petitioners in these writ applications, challenge the constitutional validity of the Luxury Tax on Tobacco (Validation) Act, 1964, (Act 9 of 1904). Actually, this is a later development in almost all of these writ applications. At the time they were filed, Act 9 of 1964 referred to above was not in the statute book. The petitions originally contained only the prayer for a direction to refund licence fees collected from the petitioners for granting the various classes of licences as envisaged by the two enactments; the Travancore Tobacco Act (1 of 1087) and the Cochin Tobacco Act (VII of 1084) and the Rules framed thereunder. This collection itself was once challenged in certain writ applications moved before this Court. The point then taken was that by virtue of Section 13(2) of the Finance Acl 1950 (Act 25 of 1950), and the extension of the Central Excises and Salt Act 1944 to the Travancore-Cochin State from 1950, the two enactments, the Travancorc To...
Tag this Judgment!Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE3D DAY OF SEPTEMBER201412TH BHADRA, 1936 WP(C).No. 5295 of 2014 (J) -------------------------------------- PETITIONER: ------------------- RAJINI JAYADEV, AGED56YEARS, W/O.RAGHAVAN JAYADEV, PARACKATTU HOUSE, PALLIKKAL P.O, BHARANIKKAVU VILLAGE, ALAPPUZHA DISTRICT-690 563. BY ADVS.SRI.M.P.KRISHNAN NAIR, SMT.RAJESWARI KRISHNAN, SRI.V.B.NARAYANAN, SRI.C.SIVADAS. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.2. THE BHARANIKKAVU GRAMA PANCHAYAT (SPECIAL GRADE), PALLIKKAL P.O., ALAPPUZHA-690 563, REP. BY ITS SECRETARY.3. THE SECRETARY, BHARANIKKAVU GRAMA PANCHAYAT (SPECIAL GRADE), PALLIKKAL P.O., ALAPPUZHA-690 563.4. THE SECRETARY, MINISTRY OF WATER RESOURCES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.5. THE DIRECTOR, KERALA STATE GROUND WATER DEPARTMENT, JALA VIJNANA B...
Tag this Judgment!Court : Kerala
Reported in : (1966)IILLJ613Ker
Krishnamoorthy Iyer, J.1. The short but difficult question that falls to be decided in this appeal filed against the decision of Mr. Justice Mathew dismissing the petition of the appellant filed under Articles 226 and 227 of the Constitution of India is whether the appellant a partnership firm which carries on the work of Chartered Accountants in Calicut can be said to constitute an industry under Section 2(j) of the Industrial Disputes Act, 1947 hereinafter referred to as the Act.2. Messrs. T. K. Menon and Co., the appellant before us is a partnership firm doing the work of Chartered Accountants in Calicut. The firm consists of three partners Shri T. K. Menon and his two sons Shri P. R. Menon and Shri P. V. Menon. All of them are Chartered Accountants. The firm had employed some subordinate staff in their office at Calicut. The services of eight members of the subordinate staff were discharged by the appellant after giving them due notice. Thereupon the appellant received Ext, P-l not...
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker307
P.C. Balakrishna Menon, J.1. The defendant is the appellant. The suit is by the Changanacherry Municipality for the balance amount due from the defendant who was an agent of the plaintiff Municipality for the sale of raffle tickets in respect of the Changanacherry Municipal Stadium Fund Raffle conducted by the Municipality with the sanction of the Government. The defendant raised various contentions in defence to the suit. All his contentions were overruled and the suit was decreed by the trial Court. The decision of the trial Court was confirmed in appeal by the lower appellate Court.2. That the defendant was an agent of the plaintiff-Municipality for the sale of raffle tickets is not in dispute. The only point urged by the learned Counsel for the defendant-appellant is that the contract of agency is for a purpose of wager opposed to Section 30 of the Indian Contract Act and hence the suit is not maintainable. As pet Section 30 of the Contract Act, 'agreements by way of wager are void...
Tag this Judgment!Court : Kerala
Reported in : 2008(2)KarLJ803
ORDERV. Ramkumar, J.1. In this Revision filed under Section 397 read with Section 401 Cr.P.C. the revision 'petitioner' who was the complainant in a private Complaint filed as Crl. M.P. No. 956 of 2007 before the Enquiry Commissioner and Special Judge, Thiruvananthapuram, (hereinafter referred to as 'the Special Judge' for short), alleging the commission of an offence under Section 13(1)(d) and punishable under Section 13(2) of the Prevention of Corruption Act, 1988 and Section 120B, I.P.C., challenges the dismissal of the said complaint by the Special Judge.2. I heard Adv. Sri. K. Harilal, the learned Counsel appearing for the revision petitioner/complainant. At the stage of hearing on admission of this revision petition, I had heard Adv. Sri. P.G. Thampi, the learned Director General of Prosecutions. Now, at the stage of final hearing I also heard Adv. Sri. P.N. Sukumaran, the learned Public Prosecutor.3. Even though in a revision against an order of rejection of a private complaint ...
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker176
P. Subramonian Poti, J. 1. The only dispute in the appeal concerns the question whether plaintiff is entitled to a decree charged on plaint item No. 11 also. That item along With certain other items of properties, was charged under a simple mortgage Ext. P-1 dated 24-5-1949 for an amount of Rs. 750 received thereunder. Though the executant purported to mortgage that item also, On that day he had no title to that property. In fact the consideration received under Ext. P-1 was for the purpose of taking a sale deed of that item of property and it was later, by Ext. D-5 sale deed, that the said item was acquired by the executant on 3-2-1950. Therefore on the date of execution of Ext. P-1, in regard to item No. 11, the executant had no title. He acquired title after a few months and thereafter, on his death, his heir the 1st defendant sold the property to one Reppai under Ext. D-4 dated 21-1-1954 who in turn sold the properly to 4th defendant under Ext. D-3 dated 22-3-1961. The claim of the...
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker287
ORDERC.A. Vaidialingam, J.1. In this batch of 14 writ petitions, the pen-tinners, though different, who are all owners of forest lands in the area, commonly known as the Malabar area, attack the group of four Sections, namely, Sections 48 to 51, contained in Chapter VII of the Kerala Forest Act, 1951, (Act IV of 1962), hereinafter to be referred to as the Kerala Act, as unconstitutional and as Infringing the fundamental rights guaranteed to the petitioners under Articles 19(1) (f) and (g), and 31 of the Constitution. The State of Kerala is the main respondent in most of these writ petitions, though in some of them some of the officers of the Forest Department have also been included as additional respondents.2. Though the averments contained in all these writ petitions are slightly different, all the learned counsel appearing for the petitioners, as well as the learned Gov-ernment Pleader appearing for the State, have agreed to treat the averments contained in O. P. No. 1108/62 as well...
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker3; 2005(1)ARBLR237(Kerala); 2004(3)KLT192
J.B. Koshy, J.1. For procedural violation, can an arbitral award be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') and whether Court has power to remit back the award to the same arbitrator or any other arbitrator vis-a-vis or dehors the power under Section 34(4) of the Act are some of the important questions discussed in this judgment.2. Appellant and first respondent in this case are partnership firms engaged in the business of mining of china clay. Their mines are contiguously situated with a common boundary, running in the north-south direction. They have jointly secured an order for supply of china clay to M/s. English Indian Clays Limited. Since the appellant firm did not get sales-tax registration certificate, the two firms agreed that mining can be started from the respondent's firm. Mining was started from first respondent's firm on 23.11.1995. 23.11.1995, appellant firm also got sales-tax registration and joined...
Tag this Judgment!Court : Kerala
Reported in : [1968]21STC252(Ker)
M.S. Menon, C.J. 1. These cases raise a common question, the validity of Section 3 of the Kerala Surcharge on Taxes Act, 1957. They were heard together and a common judgment will suffice.2. Section 3 of the Kerala Surcharge on Taxes Act, 1957, as it stands at present reads as follows : (1) The tax payable under the Kerala General Sales Tax Act, 1963, shall, in the case of a dealer whose turnover exceeds thirty thousand rupees in a year, be increased by a surcharge at the rate of five per centum of the tax payable for that year and the provisions of the Kerala General Sales Tax Act, 1963, shall, as the case may be, apply in relation to the said surcharge as they apply in relation to the tax payable under the said Act:Provided that where in respect of declared goods as defined in Clause (c) of Section 2 of the Central Sales Tax Act, 1956, the tax payableby such dealer under the Kerala General Sales Tax Act, 1963, together with the surcharge payable under this sub-section, exceeds two per...
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker149
M.P. Menon, J.1. These are appeals under Section 8-A of the Kerala Private Forests (Vesting and Assignment) Act. 1971 (hereinafter called the 'Vesting Act'). The Act came into force on 10-5-1971. Its object was to provide for the vesting of private forests in the State Government, and for assignment thereof to agriculturists and agricultural labourers for cultivation, as in the opinion of the legislature, all private forests in Kerala were agricultural lands. Section 2 (f), defined 'private forest.' Section 3 provided for the vesting of the ownership and possession of all such forests in the Government, and for the extinguishment of rights, title and interests of owners and other persons. Under Section 4, vested private forests were to be deemed to be reserve forests so long as they remained vested. Section 5 provided for summary eviction of persons found to be in unauthorised occupation of the vested areas. Section 6 provided for demarcation of the boundaries, and Section 7, for the c...
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