Kerala Court June 1951 Judgments
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Skaria Mathai Vs. Narayanan Nair
Court: Kerala
Decided on: Jun-26-1951
Reported in: 1952CriLJ939
ORDERJoseph Vithayathil, J.1. The petitioner is the counter-petitioner in M.C. No. 23 of 1124 on the file of the First Class Magistrate's Court, Thodupuzha. The petition is for stay of trial of that case till the disposal of O.S. No. 230 of 1124 of Thodupuzha Munsiffs Court. That is a suit filed by the petitioner in M.C. No. 23 of 1124 for specific performance of a contract of sale alleging that he is in possession of the property as per the contract of sale. The petitioner here who is the defendant in that case contends that he is in possession of the property as per sale in his favour from the original owner. One of the questions to be decided in that case is as to who is in possession of the property. It is after the filing of that suit that the plaintiff moved the Magistrate's Court for taking action under Section 143 of the Travancore Criminal Procedure Code. That Court started proceedings under that section and attached the property.The question as to who is in possession of the ...
Damodaran Vs. the State
Court: Kerala
Decided on: Jun-11-1951
Reported in: 1952CriLJ157
Kunhi Raman, C.J.1. Calendar Case No. 1 of 1125 (M.E.) was disposed, of by a special Tribunal constituted for that purpose by the Government of India consisting of a senior District and Sessions Judge deputed from the Madras State. The crime excited considerable local interest in Cochin. The subject-matter of the offence was over 5 (five) lakhs of rupees taken from the coffers of the erstwhile Cochin State during the time of His Highness' Kerala Verma who was then the ruling Prince of the State and who died before the trial commenced. Three persons were charged with offences of forgery and cheating under the Cochin Penal Code which was then in force in the State. The 2nd accused was a son of the then Maharaja and it was believed that he wielded considerable influence over his father. The Police investigation was conducted by an officer deputed by the Union Government at Delhi. The trial before the Special Tribunal continued for over eight months at Ernakulam (from January to September ...
Perumal Pillai Vs. State
Court: Kerala
Decided on: Jun-01-1951
Reported in: 1954CriLJ487
Kunhi Raman, C.J.1. This petition arises out of an order made by the Stationary First Class Magistrate of Kottar. A prosecution was started before the Magistrate under Section 22 of Act 1 of 1122. On behalf of the prosecution, one witness was examined.2. At that stage, an argument was addressed on behalf of the four accused persons that in the light of two rulings of the erstwhile Travancore High Court, since the Act was passed as a temporary measure and the period for which it was to be in force had expired, the accused could not be convicted. The first accused was the driver of a lorry in which paddy was being transported from one Taluk to another in the Travancore State without the prescribed permit. Accused 2, 3 and 4 are alleged to be persons who were assisting the driver and who were in the lorry at the time the goods were seized by the police.3. The question of law raised on behalf of the defence found favour with the Magistrate Who held that since the period for which the Act w...
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