Court : Kerala
Decided on : Jun-07-1989
Reported in : AIR1990Ker84
..... board in this behalf may apply to the district judge for one or more of the reliefs contemplated therein. reading rule 1 of order xxix and section 31 of the act together and harmoniously it must follow that any officer generally or specially authorised by the board in that behalf can be regarded as principal officer for ..... if the word is to mean the most important officer, then not more than one officer in the corporation will be able to sign the petition. section 31 of the act states, inter alia, that in cases of default in repayment of any loan or advance or any instalment thereof, any officer of the financial corporation, ..... , trichur are the appellants herein.2. first respondent herein, kerala financial corporation, filed the o.p. before the district judge under section 31 of the state financial corporations act, 1951 (for short 'the act') claiming reliefs against the respondents in the petition in regard to the recovery of amounts borrowed by those respondents from the corporation by .....
Tag this Judgment!Court : Kerala
Decided on : May-24-1989
Reported in : (1989)79CTR(Ker)1; [1989]180ITR102(Ker)
..... , against the assessee and in favour of the revenue.4. the only other question is regarding the entitlement to the weighted deduction under section 35b of the income-tax act. section 35b(1)(b)(v) of the act is as follows :'35b(1)(b). the expenditure referred to in clause (a) is that incurred wholly and exclusively on--... (v) ..... incidental thereto. thenecessity to obtain the certificate of fitness will arise only after the contractis concluded and supply is made. the expenditure contemplated under section 35b(1)(b)(v) of the act relates to a stage anterior to the conclusionof the contract. in this view of the matter, we are of the view that theappellate tribunal ..... rs. 19,233 was paid for obtaining a certificate of fitness and the assesseewas not able to substantiate that the said claim will come within section 35b(1)(b) of the act. the income-tax appellate tribunal held that theexpenditure was incurred for the supply of goods outside india and not forthe purpose of preparation of the .....
Tag this Judgment!Court : Kerala
Decided on : Apr-07-1989
Reported in : AIR1989Ker317; [1989]180ITR511(Ker)
..... transactions, according to the counsel. the counsel also submits that even if the sham transaction does not satisfy the definition of benami transaction in section 2(a), section 4 of the act uses only the word 'benami' and not benami transaction. 27. the learned counsel for the respondent submits that the legal character and incidence ..... for detailed examination with the law commission of india which submitted its 130th report on aug. 14, 1988 and thereafter the present act was passed. 24. in the act, 'benami transaction' was defined in section 2(a) thus : -- 'benami transaction' means any transaction in which property is transferred to one person for a consideration ..... that the purchase was made on behalf of the plaintiff or on behalf of someone through whom the plaintiff claims. section 281a of the income tax act inserted by the taxation laws (amendment) act, 1972 provided for the effect of failure to furnish information in respect of properties held benami and prohibited institution of .....
Tag this Judgment!Court : Kerala
Decided on : Apr-06-1989
Reported in : [1989]178ITR181(Ker)
..... no detailed and relevant references are seen to have been made to the subsidy scheme framed by the rubber board and the provisions of the rubber act.14. section 8 of the rubber act, 1947, provides that it shall be the duty of the board to promote by such measures as it thinks fit the development of the ..... of an asset' by replanting rubber plants of high-yielding varieties. the division bench in malayalam plantations' case : [1987]168itr63(ker) has referred to section 10(30) of the act which allowed exclusion of subsidy for tea plantation from the computation of total income and the division bench observed that what was otherwise includible in such computation ..... any deduction for expenses as towards the upkeep and maintenance of immature rubber plants not yielding income in the relevant year, should be allowed, under section 5(j) of the act, against the profits earned. the question with which we are concerned here is about creating a new asset by replanting new rubber trees.31. learned .....
Tag this Judgment!Court : Kerala
Decided on : Apr-05-1989
Reported in : AIR1990Ker119
K.P. Radhakrishna Menon, J.1. The defendant in an action for passing off is the appellant.2. The suit is for the grant of a prohibitory injunction restraining the defendant from using the words 'National Garments' and 'the yellow colour get up in the box' used in connection with the sale of the goods manufactured by the defendant and for seizure of all the materials used for printing the aforesaid words viz. 'National Garments', 'Tonoform' and the colour boxes etc. and to have them destroyed at the cost of the defendant. There are certain other minor reliefs sought for in the suit, but they are not stated here as they are not relevant in the context.3. The temporary injunction sought for has been granted by the order under challenge.4. Facts relevant and requisite for the purpose of deciding the dispute He in a narrow compass. The plaintiff is a firm of which the appellant was a partner till her retirement on 1st September, 1987. The plaintiff has applied to the authority concerned for...
Tag this Judgment!Court : Kerala
Decided on : Mar-29-1989
Reported in : [1989]74STC56(Ker)
..... the relevant assessment years, rubber was taxable at the point of last purchase in the state by a dealer who is liable to tax under section 6 of the act. under section 12 of the rubber act, 1947 read with the rubber rules, the revision petitioner-assessee had paid cess to the rubber board. in effecting the assessments, amongst other ..... if parliament by appropriation made by law in this behalf so provides, be paid to the board for being utilised for the purposes of this act.section 12 of the rubber act, after its amendment by act 21 of i960, is extracted herein below :imposition of new rubber cess.-(1) with effect from such date as the central government may, by ..... on the production of goods sold forms part of the sale consideration and should properly be included in the purchase turnover.(5) the amendment to section 12 of the rubber act by the amendment act, 1960 was only for the purpose of facilitating easy collection of the rubber cess due on the production of rubber. in this case, the .....
Tag this Judgment!Court : Kerala
Decided on : Mar-27-1989
Reported in : [1989]66CompCas953(Ker)
..... has been made by the reserve bank under section 37 or under sub-section (2) of section 38. the non-obstante clause in section 38, namely, ' notwithstanding anything contained in section 391, section 392, section 433 and section 583 of the companies act, 1956 ' indicates that the provisions of the companies act pertaining to the winding up of a company ..... equitable ' ground, but the winding up would unfairly prejudice the shareholders including the petitioners who suppor; the petition but an order passed under section 402 of the companies act would grant them appropriate relief. (2) the affairs of the company are being conducted in a manner oppressive to some part of the ..... experience in respect of certain specified subjects related to banking, are in majority over the directors who are merely industrialists as popularly known (section 10a of 'the act'). 2. management of the affairs of a banking company by a whole time chairman who has special knowledge of and practical experience in .....
Tag this Judgment!Court : Kerala
Decided on : Mar-21-1989
Reported in : AIR1989Ker286; [1990]185ITR31(Ker)
..... the present contention of the plaintiff that the transaction was not a benami transaction cannot be accepted in view of the definition of the 'benami transaction' under section 2(a) of the said act. sec. 2(a) reads as follows :'benami transaction' means any transaction in which property is transferred to one person for a consideration paid or provided by ..... plaintiff-respondents are not entitled to raise such a plea and the court cannot enforce any right against the defendants on that basis. this is clear from section 4 of the said act. therefore, the plea of the plaintiff that the property did not belong to krishnan as per ext. a12 cannot be accepted.8. the evidence in this ..... 11 may be noted that this court in velayudhan v. rajeev, air 1989 kerala 12 : (1988) 2 ker lj 271, considered the scope and effect of section 4 of benami transactions (prohibition) act, 1988 on a pending suit and it was held (at p. 18 of air) :'the words 'no defence; convey an emphasis of extraordinary rigour they .....
Tag this Judgment!Court : Kerala
Decided on : Mar-21-1989
Reported in : 1989CriLJ2025
..... by the medical faculties functioning in those centres) with reference to registers and documents maintained in such centres during the past two decades at least. section 106 of the evidence act is intended to obviate such drudgerous exercise and to meet exceptional cases in which it would be almost impossible or at least disproportionately laborious and expensive ..... which he openly pretended to have, the burden of proving that he, in fact, possesses such degrees is on the accused. this is the purport of section 106 of the evidence act which reads thus : 'when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him'. illustration (b) ..... the accused under such belief, it has to be examined whether the act of the accused would amount to attempt to cheat,7. learned counsel alternatively contended that the act of the accused would, at the most, amount to preparation and not attempt. section 511 of the indian penal code comes into play when a person in .....
Tag this Judgment!Court : Kerala
Decided on : Mar-17-1989
Reported in : 1989CriLJ2340
..... of the supreme court reducing the sentence or declaring the sentence already undergone as sufficient. the decisions do not lay down a proposition that the courts acting under section 16 of the act have jurisdiction to impose sentence below the minimum even in cases not covered by the provisos. we do not see our way to reduce the sentence ..... or container with the specimen impressions of the seals. nevertheless, the report of the central food laboratory is final by virtue of the proviso to sub-section (5) of section 13 of the act. obviously the provision in rule 17 for a sealed packet is made only by way of abundant caution. therefore, the mere failure to put the sealed ..... iv) that the sentence imposed is excessive.4. it would be useful to have a bird's-eye view of the relevant provisions of the act and the rules. section 10 of the act prescribes powers of the food inspectors. food inspectors shall have power to take samples of any article of food from the person indicated in the provision .....
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