Kerala Court September 1953 Judgments
In Re: P. Raghava Menon
Court: Kerala
Decided on: Sep-22-1953
Reported in: 1954CriLJ281
M.S. Menon, J.1. The question that arises for decision is whether the petitioner is entitled to practise in the subordinate Courts of this State by virtue of his enrolment as an Advocate of the High-Court of Bombay.2. The Indian Bar Councils Act, 1926 (Central Act 38 of 1926) and the Legal Practitioners Act, 1879 (Central Act 18 of 1879) are now in force in Travancore-Cochin. As held in - 'District Judge, Anantapur v. Vema Reddi' AIR 1945 Mad 144 (FB) (A) and - 'In the matter of Devasaran Lall Sinha' AIR 1946 Pat 369 (SB) (B), the latter enactment will not in any way affect the question before us and in the light of those decisions the petitioner's prayer has to be allowed.3. The only doubt that we had was whether Section 8, Cochin Vakils' Act, 6 of 1895, will complicate the issue. We have, however, come to the conclusion that by virtue of Section 6, Part B States (Laws) Act, 1951 (Central Act 3 of 1951) the Cochin Vakils' Act, 6 of 1095 has ceased to be operative from the date on whic...
Tag this Judgment!Mani Joseph Vs. State
Court: Kerala
Decided on: Sep-22-1953
Reported in: 1954CriLJ1181
Koshi, C.J.1. Joseph the appellant In the appeal, was convicted by the learned Additional Sessions Judge, Kottayam for the commission of an offence of culpable homicide not amounting to murder falling under Section 304 part (ii) I.P.C., and sentenced to undergo rigorous imprisonment for a period of seven years. He stood charged for the murder of his deceased brother's son, by name Joseph and for attempting to murder his brother Varkey, P. W. 1 in the case. The learned Judge acquitted the appellant of the charge of attempt to murder in that there was no evidence to connect him with the said crime, but found that his nephew Joseph died as a result of the injuries he sustained at the hands of the appellant and convicted and sentenced him as above. For reasons not very explicable the prosecution conceded that the offence was not murder but only culpable homicide not amounting to murder. The appeal is against the conviction for that offence and the sentence passed in respect thereof.2. The ...
Tag this Judgment!Marthandan Nadar Narayanan Nadar Vs. Perumakutty Perumakutty
Court: Kerala
Decided on: Sep-09-1953
Reported in: 1954CriLJ243
ORDERKoshi, C.J.1. This revision arises from a final order as to dispute of possession over seventeen items of properties of one Narayanan Marthandan who died in 1088. He left no sons and the two daughters through his second wife Valli Neeli predeceased the latter. The dispute is between the donees from the widow and those claiming under them on the one hand and the immediate reversioner of Marthandan on the other. The widow herself died in 1101. The preliminary order was passed so early as 9-9-1113 and this revision is the third of its kind in the case, the two previous final orders of 6-6-1117 and 22-2-1951 having been vacated respectively in Crl. Revision Petitions 434 and 454 of 1117 and Crl. Revision Petition 94 of 1951.It is unnecessary for the present purpose to go into the reasons why the previous orders' happened to be set aside. It would here suffice to say that there is now a well-considered order finding possession of the disputed properties to have been with the petitioner...
Tag this Judgment!Mathai Manjooran and ors. Vs. State
Court: Kerala
Decided on: Sep-01-1953
Reported in: 1954CriLJ110
M.S. Menon, J.1. The petitioners before us are the accused in C. C. No. 1314 of 195S of the Second Class Magistrate's Court, Trichur. They invoke Article 226 of the Constitution and complain that they have been 'illegally arrested and imprisoned' by the State for violating the following order of the District Magistrate, Trichur, an order which according to them is 'ultra vires' of the Constitution:(Original in Malayalam omitted.)2. The order (Ex. I) is based on Ex. II, a report to the District Magistrate by the Assistant Superintendent of Police, Trichur, which reads:The District Action Committee of the P. S. P. & K. S. P. of Pudukad, Trichur District, have declared their intention to march into Ramanilayam Palace in a big jatha on 9-8-1953 at 4 P. M. to meet the Central Minister, Sri Nanda, who is camping there on Ayurvedic treatment and rest, without his permission. For this purpose they are exhorting the people daily in public meetings and making other propaganda throughout this, Di...
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