Kerala Court July 1952 Judgments
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Thomman Kunju Naina Vs. State
Court: Kerala
Decided on: Jul-31-1952
Reported in: 1953CriLJ1249
Koshi, C.J.1. Thomman Kunju Naina, accused 3 in Sessions Case No. 7 of 1951 on the file of the Quilon Sessions Court, has preferred this appeal against his conviction and sentence by that Court. Together with four other persons he was tried by the Additional Sessions Judge, Quilon, for commission of various offences relating to counterfeit currency notes. There was also a charge against him that he had entered into a criminal conspiracy with accused 1 and 2 to manufacture and traffic in counterfeit currency notes, The learned Judge found the conspiracy charge not proved and acquitted accused 1 to 3 of that charge. Accused 4, Kurumpa Kochikka who was a kept mistress of accused 1 and was charged for being in possession of counterfeit currency notes and various implements to manufacture them was found not guilty and acquitted. The learned Judge, however, found that accused 1 to 3 and accused 5 were guilty of the various specific offences with which they are charged and they were according...
Joseph Cheriyan Vs. State
Court: Kerala
Decided on: Jul-28-1952
Reported in: 1953CriLJ706
Koshi, C.J.1.This appeal is against a conviction and sentence for causing grievous hurt. The appellant took his trial before the learned Sessions Judge of Kottayam for an alleged commission of the offence of murder. The prosecution case was that the appellant caused the death of one Sukumaran, an employee under him, by fisting him with his hand in the region of the abdomen. The learned Judge found that while the fisting was true, the medical opinion as to the cause of death was so indefinite and uncertain that it would be unsafe to fasten criminal responsibility for murder on the appellant. The learned Judge however held that the appellant's act amounted to causing grievous hurt punishable under Section 325, I.P.C., and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/-. On default to pay the fine the appellant is to undergo rigorous imprisonment for a further period of six months. Out of the fine if realized an amount of Rs. 500/- i...
Chatha Ittaman Vs. State
Court: Kerala
Decided on: Jul-22-1952
Reported in: 1953CriLJ244
ORDERKoshi, C.J.1. This revision petition is directed against an order of the Division First Class Magistrate, Always, by which the learned Magistrate discharged counter-petitioners 3 to 6 in M.C. 3 of 1951 on the file of his court. In that case, six persons were being proceeded against under Section 107 Criminal P.C. (Travancore Section 103) to show cause why they should not be bound over to keep the peace. When counter-petitioners 3 to 6 appeared in court pursuant to the notice issued to them, they filed an application requesting the court to drop the proceedings as against them at the same time undertaking that they will not commit any breach of the peace. The prosecution represented by the prosecuting Inspector of Police supported the motion made by the said counter-petitioners and filed a report to the effect that there was no likelihood then of any breach of peace being caused by them. The present petitioner who moved, the police to take action under Section 107 against the count...
Saramma Zacharia Vs. State
Court: Kerala
Decided on: Jul-22-1952
Reported in: 1953CriLJ288
ORDERKoshi, C.J.1. This revision petition is directed against the decision of the Division First Class Magistrate of Chenganoor in Criminal Appeal No. 6 of 1951 whereby the learned Magistrate confirmed the conviction and sentence which the Taluk Second Class Magistrate of Thiruvella passed against the petitioner in C.C. No. 52/50 for commission of an offence punishable under Section 288, Travancore Penal Code (Section 290, I.P.C.), The punishment awarded is a fine of Rs. 8 and in default to undergo simple imprisonment for seven days.2. Of the two points raised in the revision I may at once state that there is absolutely no merit in the contention that the act attributed to the petitioner did not constitute an offence under Section 288. That she used vulgar language against P.W. 4 in a public place and that it caused annoyance to the public have concurrently been found by the two courts below. Sitting in revision I cannot interfere with those findings. It is puerile to argue that such c...
Nagercoil Electric Supply Corporation Vs. Industrial Tribunal and ors.
Court: Kerala
Decided on: Jul-15-1952
Reported in: (1953)IILLJ208Ker
ORDERP.K. Subramanya Iyer, J.1. This is an application by the proprietor of the Nagercoil Kleotrio Supply Corporation which will hereinafter be referred to as the corporation, under Article 226 of the Constitution of India for a writ of certiorari to call up to this Court and quash the interim award passed toy the first respondent, the industrial tribunal, Trivandrum, in industrial dispute No. 13 of 1951.2. The business of the corporation is the generation and supply of electric power which is a public utility service as defined in Section 2(n)(iv) of the Industrial Disputes Act, XIV of 1947. Being able to get some power-in bulk, there was less need for generation which was therefore reduced. The result was a move for the retrenchment of the employees. Disputes having arisen between the corporation and the employees, proceedings for conciliation under the Act were started by the conciliation officer on 9-4-1951. Pending these proceedings, 14 workmen were retrenched on 28-4-1951, and th...
K.N. Pandarathil Vs. District Collector and anr.
Court: Kerala
Decided on: Jul-08-1952
Reported in: 1954CriLJ274
ORDERSubramonia Iyer, J.1. This is an application presented on 3-3-1952 by K. N. Pandarathil, Manager, Sree Krishna Vilasom English High School, Pirappen-code, Nedumangad against the District Collector, Trivandrum as the 1st respondent, and the Chief Secretary to Government of Travancore-Cochin, as the 2nd respondent representing the State, praying for the issue of a writ of 'certiorari' to bring up and quash the notice, M-1-120/52/Mag. 1 dated 29-2-1952 issued by the 1st respondent to him, and for appropriate writs and directions to prohibit both the respondents from interfering with the petitioner's right of property : (1) in the premises and building belonging to him in which the said school was being conducted, (2) in the school, (3) in the equipments therein and (4) in the right of management vested in him in conducting the school.That notice was in these terms:By virtue of the powers conferred on me by Government in their Notification No : Ed. 11-375/52/EHL dated 29-2-1952 under ...
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