Nissam Abdul Rehiman Kunju vs. Inspector Of Police (Sho)
Held
The High Court held that the partnership deed and firm registration were valid, and partners have the right to perform their firm's loading and unloading work without interference. It clarified that authorities under Section 21 of the Headload Workers Act lack jurisdiction to declare a partnership deed a sham.
Facts
Appellants, partners of a registered firm, sought police protection to perform loading and unloading work themselves, facing obstruction from headload workers who claimed the partnership was a sham. The Single Judge denied relief, noting a pending Section 21 Headload Workers Act matter, and rejected a review despite production of the firm's registration.
Key Issues
Whether partners of a registered firm can perform loading and unloading work themselves without interference from headload workers' pools, and whether authorities under the Kerala Headload Workers Act can declare a partnership deed a sham.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 WA NO. 246 OF 2023 AGAINST THE ORDER IN RP 1082/2022 OF HIGH COURT OF KERALA [AGAINST THE JUDGMENT IN WP(C) 18590/2022 DATED 30.8.2022] APPELLANTS/REVIEW PETITIONERS/PETITIONERS IN WPC 1 NISSAM ABDUL REHIMAN KUNJU AGED 50 YEARS S/O. REHIMAN KUNJU, RESIDING AT KATHUNGAL PADA NORTH P.O., KARUNAGAPALLY TALUK, KOLLAM DISTRICT PARTNER, M/S. PIONEERS TILES AND GRANITES, HEAD OFFICE IN BUILDING NO. KSP/XIV/1383 & BRANCH IN KSP/V/687 PUTHIYAKAVU IN KULASEKHARAPURAM, PIN - 690544 2 NISSAMUDEEN AGED 40 YEARS S/O. IBRAHIM KUTTY, VAYALIL THARAYIL, KATTILKADAVU P.O., ADINAD SOUTH, KARUNAGAPALLY, PIN - 690542 3 ABDUL JUNAID S,AGED 40 YEARS S/O. SUBERKUTTY, RESIDING AT PULIVELI VADAKKETHARA, MUKUNDAPURAM P.O., MADAPALLY, CHAVARA, KOLLAM DISTRICT, PIN - 691585 4 SHEMEER AGED 36 YEARS S/O. YOUSAF KUNJU, KANDASSERIVADAKKATHIL, KATTILKADAVU, KATTILKADAVU, ADINADU SOUTH., PIN - 690542 5 NAZIM AGED 35 YEARS S/O. YOUNUS KUTTY,RESIDING AT THOPPITHARA, KAATILKADAVU, ADINAD SOUTH ., PIN - 690542 6 SUKES
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.