Court : Kerala
Decided on : Nov-26-2009
P. Bhavadasan, J.1. Two persons, the appellants in these criminal appeals, were sought to be prosecuted for the offences punishable under Sections 394, 302, 201 and 120B read with Section 34 of the Indian Penal Code. They were found guilty of the offences alleged against them. They were therefore convicted and sentenced to suffer imprisonment for life for the offences punishable under Sections 120B and 302 read with Section 34 of the Indian Penal Code. They were also sentenced to suffer rigorous imprisonment for seven years for the offences punishable under Sections 120B and 394 read with Section 34 of the Indian Penal Code. They were also sentenced to undergo rigorous imprisonment for four years for the offences punishable under Section 120B and 201 read with Section 34 of the IPC.2. P.W.1 and P.W.37 are the paternal uncles of Pintu aged 19 years, who was the unfortunate victim in this case. The deceased, P.W. 42, his brother, P.W.1, paternal uncle of the deceased and P.W.6 together o...
Tag this Judgment!Court : Kerala
Decided on : Nov-13-2009
Reported in : (2010)231CTR(Ker)306
C.N. Ramachandran Nair, J.1. Heard Sri V.V. Asokan, counsel appearing for the appellant and the standing counsel appearing for the respondent.2. The appellant is a reputed professor engaged in coaching students mainly for medical and engineering entrance examinations. Along with training students locally in the State, he has developed educational material in the form of 'CDs' and in book form which are exported to students abroad. The appellant claimed benefit of deduction under Section 80O of the IT Act, 1961 (for short 'the Act'). However, the ITO disallowed the claim for the reason that the deduction under Section 80O of the Act is admissible only in respect of income received from foreign enterprises in consideration of use outside India of any patent, invention, design, registered trade mark and the consideration here is not for any such use. The disallowance is confirmed in two level appeals and it is against the order of the Tribunal, the appellant has approached this Court with...
Tag this Judgment!Court : Kerala
Decided on : Jul-27-2009
Reported in : 2009(2)KLJ898
V. Ramkumar, J.1. The interesting question for judicial resolution in this case is as to whether the suicide of an employee owing to depressive neurosis consequent on an employment injury sustained by him would furnish a cause of action for his dependents to make a claim for dependents' benefits under Section 52 of the Employees' State Insurance Act, 1948 (hereinafter referred to 'the Act' for Short).2. In this appeal filed under Section 82(2) of the Employees' State Insurance Act, 1948, the Employees State Insurance Corporation (hereinafter referred to 'the Corporation' for short), which was the first opposite party before the Employees' Insurance Court, Palakkad (hereinafter referred to 'the E.I. Court' for short), challenges the order dated 17-5-2005 of the E. I. Court in I.C. 84 of 2003.3. The following are the questions of law formulated in the memoradum of Appeal filed by the Corporation:i) Whether the El Court is justified in ordering death benefits to the legal heirs of the dec...
Tag this Judgment!Court : Kerala
Decided on : Jun-25-2009
Reported in : 2009(16)KLJ853
K. Balakrishnan Nair, J.1. The point that arises for decision in this case is whether this Court can order to scrap the existing scheme of Computer Education in schools, for the reason that, according to its perspective, the present scheme will not deliver the goods and order to frame a better scheme; and also to direct creation of sufficient teaching posts to implement the new scheme.2. The brief facts of the case are the following: The respondents in the writ petition are the appellants. The writ petition was filed by the respondent herein, who was a student studying in the 8th standard of G.V. Higher Secondary School, Desamangalam, Thrissur, seeking a direction to the appellants not to make Information Technology a compulsory subject for the examinations in the High Schools for the year 2008 or thereafter. She also prayed that a direction may be issued to the appellants to make the said subject optional in the High School. There was a further prayer to direct the appellants to creat...
Tag this Judgment!Court : Kerala
Decided on : Apr-03-2009
Reported in : (2009)225CTR(Ker)378; [2009]182TAXMAN305(Ker)
C.N. Ramachandran Nair, J.1. These connected appeals filed by die assessee arise from the common order of the Income-tax Appellate Tribunal disposing of assessee's appeals for the assessment years 1991-92 to 1998-99. The assessee is a renowned Homoeo doctor engaged in medical practice at Kottayam. Besides income from profession, the assessee is engaged in sale of medicines and books. Admittedly assessee was not maintaining books of account for his professional income and income was returned on estimation basis. Search was conducted in the professional-cum-residential premises of the assessee on 30-12-1994. During the course of search substantial amount of cash, Indira Vikas Patras (IVP) valued at substantial amount and promissory notes were recovered. From the locker maintained by the assessee in the State Bank of India, Jawahar Nagar, Baroda, the Department seized IVPs of face value Rs. 67.60 lakhs out of which IVPs of Rs. 90,000 was found to be purchased by the assessee's son and bal...
Tag this Judgment!Court : Kerala
Decided on : Feb-25-2009
Reported in : (2009)IVLLJ763Ker
P.R. Ramachandra Menon, J.1. The prayer in the Original Petition is to quash Exhibits P-1 to P-3 and Exhibit P-5, whereby the question of coverage under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act') was answered against the petitioner. The petitioner has also sought for a declaration that the petitioner-Society will not come within the purview of the above Act and for consequential reliefs.2. The petitioner (Kottayam District Co-operative Hospital Society Ltd.) is a Society registered under the relevant provisions of the Kerala Co-operative Societies Act, which is running a C.T. Scan Unit, a Neethi Medical Store and a Clinical and Pathological Lab. It is the specific case of the petitioner that no treatment is being offered to any patient; that the petitioner is not at all a 'Hospital' and hence, that the petitioner will not come within the' purview of coverage under the Act and the Employees' Provident Funds Scheme, 1952 (h...
Tag this Judgment!Court : Kerala
Decided on : Jul-15-2009
Reported in : (2010)ILLJ279Ker
V. Ramkumar, J.1. In this appeal filed under Section 82(2) of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act' for short), the Regional Director, E.S.I. Corporation, Thrissur, challenges the order dated October 28, 2004 passed by the Employees' State Insurance Court, Kollam (hereinafter referred to as the E.I. Court), holding that the establishment by name : M.S. Bricks at Nedumpana, Kollam belonging to the respondent herein is not covered under the provisions of the Act. The impugned order was passed by the E.I. Court on an application filed as I.C. 10/2000 by the respondent/employer under Sections 75 to 77 of the Act.The Background Facts2. The facts leading to the impugned order can be summarised as follows:(A) The respondent herein namely G. Sivaprasad is the Proprietor of M.S. Bricks, Chalakkara, Pallimon, Nedumpana, Kollam. The said proprietary concern is engaged in the manufacture of bricks. Electric power is used for the manufacturing process by ins...
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