Kerala Court October 1953 Judgments
State Vs. Ittiavirah Apprehen
Court: Kerala
Decided on: Oct-29-1953
Reported in: 1954CriLJ652
Koshi C.J.1. The order sought to be appealed from is 'no final order' within the meaning of Article 134(1) of the Constitution. Hence the order is not appealable. Vide - Kuppuswami Rao v. The King AIR 1949 FC 1 (A) interpreting similar words in Section 205(1), Government of India Act of 1935. We do not, therefore, have to consider whether on the merits this is a fit case for appeal. Rejected....
Tag this Judgment!Kochukrishnan Asan Vs. Rajan
Court: Kerala
Decided on: Oct-19-1953
Reported in: 1954CriLJ625
ORDERT.K. Joseph, J.1. This Criminal Revision Petition arises from proceedings under Section 488, Criminal P.C.The petitioners in the court below were the wife and minor son of the counter-petitioner. The wife claimed maintenance on behalf of herself as well as on behalf of the minor child, on the ground that the husband was refusing to maintain them. The claim was disputed by the husband who contended that his wife had left him and was living in adultery, as a result of which she conceived and had an abortion.After taking evidence, the learned Special First Class Magistrate of Trichur found that the wife was living in adultery and was not entitled to maintenance. However, he ordered the husband to pay maintenance to the child at the rate of Rs. 7 per mensem from the date of the application viz., 12-7-1950. Aggrieved by this order the husband has preferred this criminal revision petition.2. On behalf of the revision petitioner it was contended that his wife had voluntarily left his hou...
Tag this Judgment!State Vs. Kochan Chellayyan
Court: Kerala
Decided on: Oct-19-1953
Reported in: 1954CriLJ1418
Koshi, C.J.1. The State has preferred this revision to correct a palpable error made by the learned Sessions Judge of Nagercoil in awarding the sentence upon a person whom he convicted of murder and to have a proper sentence passed by invoking this Court's powers to enhance a sentence passed by a subordinate Court. The occurrence which gave rise to the case (Sessions case No. 7 of 1952) took place on 25-4-1951 i.e., after the Indian Penal Code was extended to this State under the Part B States (Laws) Act, 1951. Section 302, Indian Penal Code, enacts that whoever commits murder shall be punished with death, or transportation for life, and shall also be liable to fine. The learned Judge found that the accused before him 'had committed an offence of murder punishable under Section 302, I.P.C.' and in recording that finding he said:As for the charge of murder under Section 302, I.P.C., I have already found in para. 10 supra that the accused inflicted the fatal multiple injuries on Meenaksh...
Tag this Judgment!George Vs. State of Travancore-cochin
Court: Kerala
Decided on: Oct-13-1953
Reported in: 1954CriLJ63
ORDERSankaran, J.1. The petitioner in both these criminal revision petitions is the same. He is the second accused in Calendar Case No. 11/50 on the file of the Special First Class Magistrate's Court at Cranganur. He is also the 1st accused in Calendar Case No. 12 of 1950 on the file of the same court. Both these prosecutions were started against him for having contravened the provisions of the Paddy (Acquisition and Movement) Control Order, 1950 issued by the Government of the State of Travaneore-Cochin in exercise of the powers conferred on them by Section 3, Public Safety Measures Act, 1950 (Act 5 of 1950).According to the prosecution, this accused obtained on loan 75 paras of paddy from the 1st accused in C. C. 11/1950 on 18-6-1950 and transported the same from the 1st accused's house in Kakkulisseri Village to the petitioner's house in Poyya village in the Mukundapuram Taluk. It is stated that the borrowing and the subsequent transport of the paddy were done without obtaining the ...
Tag this Judgment!Kesavan Gopalan Vs. State
Court: Kerala
Decided on: Oct-12-1953
Reported in: 1954CriLJ1468
Koshi, C.J.1. Criminal Appeal No. 99 and Referred Trial No. 7 arise from the judgment of the learned Sessions Judge of Mavelikara in Sessions Case No. 5 of 1953. In that case one Kesavan Gopalan (hereinafter referred to as the accused) stood charged with the commission of offences punishable under Sections 302 and 401 of the Indian Penal Code. The case was that on 8-10-1951 at about 10-30 p.m. the accused caused the death of one Sankaran Padmanabhan by cutting him on his neck with a tapper's knife and that he afterwards helped himself with a gold chain and a gold ring which Padmanabhan was wearing at that time and some money and an electric torch which were in Padmanabhan's possession.The trial was held with the aid of three assessors. Agreeing with their unanimous opinion the lower Court found the accused guilty of the offences he was charged with and sentenced him to death for committing murder and to undergo rigorous imprisonment for a period of one year in respect of the charge of ...
Tag this Judgment!Quilon Municipality (N. Vasudeva Kurup Revenue Inspector) Vs. Kunju Pi ...
Court: Kerala
Decided on: Oct-09-1953
Reported in: 1954CriLJ1120
Koshi, C.J.1. The court before whom the accused was brought up to stand his trial for an alleged transgression of Rule 31 (2) of the District Municipalities Act did not comply with the provisions of the Criminal P. C. regarding trial of summons cases when passing final orders in the case. Under Section 242, Criminal P. C. the substance of the accusation against him should have been explained to the accused and he should then have been asked whether he has a cause to show against his conviction. Without complying with the requirements the court 'struck off' the case off the file. The order cannot be sustained, and it is hence set aside. The case is sent back to the trial court to be proceeded with according to law. The reference is accepted. Order accordingly. ...
Tag this Judgment!Thomas Joseph and anr. Vs. Antony John and ors.
Court: Kerala
Decided on: Oct-08-1953
Reported in: 1954CriLJ642
Koshi, C.J.1. This is a reference made by the learned Sessions Judge of Kottyarn in a revision before him concerning a proceeding initiated under Section 145, Criminal Procedure Code, by the Division First Class Magistrate of Kottayam in M. C. 3 of 1951. On the day previous to the date tile counter-petitioners thereto had to file their written statements. The learned Magistrate passed the following order:The subject of dispute in this case is 14 cents of land in Thoppil Purayidom in Madappally Kara of Madappally Pakuthy. There was a clash between the 1st petitioner and the counter-petitioners on this land on the 13th April 1950 in which people on either side sustained injuries. On that incident two cases, each counter to the other were charge-sheeted by the police before this Court (C. C. 237 and 240 of 1950). While these cases were pending trial the V police reported action under Section 143, Cri. P. C. in respect of the land so as to avoid further clash between the parties. According...
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