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Kerala Court November 1952 Judgments

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Nov 25 1952

Koshi Varghese Vs. State

Court: Kerala

Decided on: Nov-25-1952

Reported in: 1954CriLJ194

Vithayathil, J.1. The first counter petitioner in Cr. M. P. No. 849 of 1951 of the Ponkunnam Stationary First Class Magistrate's Court is the revision petitioner. The petitioner in that case moved for action being taken under Section 145, Criminal P. C. in respect of a property and the Police reported to the Magistrate that a dispute likely to cause a breach of the peace existed and that it was necessary to take action under the section. The learned Magistrate, however, held that there was no justification for action being taken under Section 145 since the matter in dispute was pending before the civil Court.From this order the Prosecuting Sub-Inspector of Police, Kottayam, filed a revision petition before the District Magistrate, Kottayam, and the learned District Magistrate by his order dated 4-2-1952 allowed the revision petition holding that it was a fit case in which action should be taken under Section 145, Criminal P. C. By separate proceedings he passed a preliminary order Unde...


Nov 20 1952

Eralil Mathai Jacob and ors. Vs. K. Ravivarman Thirupad and anr.

Court: Kerala

Decided on: Nov-20-1952

Reported in: 1953CriLJ1013

ORDERSubramania Iyer, J.1. This revision arises out of the following order passed by the District Magistrate of Trichur in M.C. No. 51 of 1952:M.C. No. 51 of 1952.1. K. Ravivarman Thirupad, Muthal-pidi of the Ayyampilli Deva-swom, Ayyampilli.2. Mazhuvancheriparambath Tha-riath Ittiachen of Ayyampilli.... Petitioners.1. Eralil Mathai Jacob. 2. Do.Mathai George. 3. Do. VareedGeorge, 4. Mazhuvancheripa-rambathu Paili Mathu. 5. Do.Paili Thariath. 6. ThekkekaraMathu Babastar. 7. KochakkanKorath Jacob. 8. ThekkekaraVareed Varki. 9. Eralil MathaiPaul Poulose. 10. ThekkekaraChakku Poulose. 11. PuthusserilIttikuriath Poulose. 12. Kochak-kan Ittiamain Korath-All ofAyyampilli Muri. ...Counter-Petitioners.Preliminary Order.Wet lands including From the facts set out in thevarambas, chiras report dated 11.11.1952 of the Circleand chals in survey Inspector of Police, Always, and theNos. 170 to 382 of enclosures thereto, I am satisfied thatAyyampilli Muri, there is a dispute between the par-Kuzhupilli...


Nov 11 1952

Pappan Damodaran Vs. State

Court: Kerala

Decided on: Nov-11-1952

Reported in: 1953CriLJ1551

1. Pappan Damodaran who is the appellant in Criminal Appeal 31 was tried by the learned Sessions Judge of Alleppey for causing the death of his wife, Bhargavi who was in an advanced stage of pregnancy & also for causing the death of her quick unborn child, offences punishable under Sections 301 and 316 of the Travancore Penal Coda corresponding to Sections 302 and 316, I.P.C. The learned Sessions Judge while finding that the appellant caused the death of his wife found that the offence amounted only to culpable homicide not amounting to murder falling under Part 1 of Section 303, T.P.C. (304 I.P.C.) and sentenced him to undergo rigorous imprisonment for a period of 5 years and also to pay a fine of Rs. 100 with the direction that in default to pay the fine he should undergo simple imprisonment for six months. The appellant was also found guilty under Section 316 and in respect of the offence he has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5...


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