Kerala Court August 1950 Judgments
State Vs. D. Packiaraj and anr.
Court: Kerala
Decided on: Aug-18-1950
Reported in: 1951CriLJ623
Kunhi Raman, C.J.1. These two appeals are presented on behalf of the State from the order of acquittal made by the Sessions Court of Nagereoil in Cri. Appa. nos. 43 and 44 of 1122. The charge against the two accused who are the Editor, Printer and Publisher of a weekly newspaper called ' Nadar Narapan,' was that they had defamed the complainant by publishing a letter in the newspaper. The complainant was the Sty. Second Class Magistrate at Eraniel. The first accused who is an Advocate was the Editor of the newspaper and the second accused who is retired medical officer is the Printer and Publisher of the newspaper. The article published in the newspaper was translated as follows in the judgment of the lower appellate Court:To the attention of the Gracious Government. Is this briber or a present?We understand that Mr. Ramachandra Iyer, Second Class Magistrate of Eraniel, Kalkulam Taluk, on the morning of 2nd Purattasl received the following articles' from Arutmchalam Nadar Sri Krishna N...
Tag this Judgment!Ulahannan Souriar Vs. Ouseph Anna
Court: Kerala
Decided on: Aug-18-1950
Reported in: 1951CriLJ836
Kunhi Raman, C.J.1. This petition is filed by the complainant in calendar case no. 121 of 1121 in the Court of the Stationary First Class Magistrate of Moovattupuzha. He had charged the first accused who is the sole respondent hero, with having committed criminal trespass. The property in question is a garden land. The learned Magistrate found the first accused guilty and sentenced her to pay a fine of Rs. 50 and directed further that is default of payment of fine she should undergo rigorous imprisonment for four months. She appealed to the Sessions Court of Parur and the appeal was heard by the additional Sessions Judge. The case of the complainant was that there were proceedings in the Court of the District Munsiff of Moovattupuzha for delivery of possession of the plot of land which forms the subject-matter of this criminal case. His case was that the first accused was the person in possession of the property at the time he started execution proceedings for obtaining delivery of pos...
Tag this Judgment!Ahemad Hydros Vs. Alwaye Municipality
Court: Kerala
Decided on: Aug-09-1950
Reported in: 1951CriLJ271
ORDERGovinda Pillai, J.1. This petition is by the accused in C. C. 723 of 1123 on the file of the Second Class Magistrate, Alwaye, to revise the order passed by the learned Magistrate on 80 8-1950 that the prosecution started by the Alwaye Municipality was maintainable. The petitioner had taken on contract the right to collect the gate fees of the Municipal Market for a period of one year from 9-2-1123. He had executed an agreement for the purpose and registered the same He was to pay the Municipality Rs. 5109 the amount agreed in certain instalments. He paid some of the instalments and defaulted to pay the balance for Certain reasons of which I am not concerned at present. The balance dues, according to the Municipality comes to Rs. 1830 and odd. To realise the same the Municipality has filed the present complaint under Section 365 of the District Municipalities Act XXIX [29] of 1116 read with Rule 31 (2) of Sch. II. The accused contended that such a prosecution would not He. After he...
Tag this Judgment!Govindan Kutty Vs. State
Court: Kerala
Decided on: Aug-08-1950
Reported in: 1951CriLJ871
Kunhi Raman, C.J.1.The first accused in sessions Case No. 4 of 1950 in the Court of Session at Kottayam, is the appellant. The second accused, who was tried along with the first accused, was found to be not guilty of the charged and he has been acquitted. There is no appeal presented on behalf of the State in respect of that order. The charge against the first accused was that he committed murder by killing his wife, The learned Sessions Judge accepted the -case for the prosecution, held that the first accused was guilty under Section sol of the Travancore Penal Code and sentenced him to undergo rigorous imprisonment for life, subject to confirmation by the High Court. The records have been submitted to this Court for confirmation, and the appeal preferred by the accused was also argued by his learned counsel.2. The case disclosed by the evidence for the prosecution was that the dead body of the wife of the first accused was found hanging from a branch of a jack fruit tree in the compo...
Tag this Judgment!Mathai Manjuran Vs. State
Court: Kerala
Decided on: Aug-07-1950
Reported in: 1953CriLJ49
Govinda Pillai, J.1. The accused in C.C. 111 of 1125 of the second class Magistrate's Court, Mattancherry has filed this petition for an order to the Magistrate to drop the proceedings against him in that case. He stated that the Ernakulam Town Police had started two proceedings against him for demonstration which took place on 27th Kanni 1123, one under Sections 92 and 93(a), Cochin Criminal P.C. and another under Sections 129, 133, 135, 333, 427 and 484, Cochin Penal Code. The case under Sections 92 and 93(a) Cochin Criminal P.C. had been registered as M.C. 32 of 1123 in the Court of the Anjikaimal First Class Magistrate's Court. He was directed to give security for one year for keeping peace. As he did not do so, he was directed to undergo imprisonment for one year. The Second case is now pending before the Mattancherry Court as mentioned. According to him the incidents that led to the two proceedings were the same and he stated that he could not be tried twice for the same offence....
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