Kerala Court December 1955 Judgments
A. Subramania Iyer Vs. the Travancore-cochIn State and anr.
Court: Kerala
Decided on: Dec-16-1955
Reported in: [1956]7STC826(Ker)
Sankaran, J.1. This is an appeal directed against the order passed by a learned Judge of this Court in O. P. No. 15 of 1954. In that O.P. the appellant-petitioner had prayed for an order quashing the notification No. SRI-4739/5I/A/R.D., dated 18th July, 1951, published by Government in exercise of the powers conferred by Section 6(1) of the Travancore-Cochin General Sales Tax Act (Act XI of 1125). The effect of this notification was to cancel the earlier notification No. SR1-1643/A/ 51/R.D., dated 5th February, 1951. This was also a notification published under the authority of Section 6(1) of the Sales Tax Act. Sub-section (1) of Section 6 empowered Government to make an exemption or reduction in rate in respect of any tax payable under the Act, by publication of a notification to that effect in the Gazette. The sub-section runs as follows :Government may, by notification in the Gazette, make an exemption, or reduction in rate, in respect of any tax payable under this Act-(i) on the s...
Tag this Judgment!Johnson Vs. Sarasamma
Court: Kerala
Decided on: Dec-15-1955
Reported in: 1956CriLJ1098
Koshi, C.J.1. This reference raises the question of the legality and the propriety of an order of the Additional Special Sub-Divisional Magistrate, Trivandrum, dated 26-8-1955, in M.C. No. 27 of 1953 on his file. In the said case an award for maintenance under Section 488, Criminal P.C. was made in favour of a mother and a child. The counter-petitioner sought to have the said order set aside through a civil suit in O.S. No. 538 of 1955 on the file of the Trivandrum District Munsiff's Court.The Munsiff issued an ad interim injunction restraining the petitioners thereto from enforcing the award made in their favour. The said order was communicated to the Sub-Divisional Magistrate. He took the view that the injunction order was null and void as the civil court had no jurisdiction to issue an injunction restraining the criminal court from enforcing its order. The plaintiff in the civil suit moved the learned Sessions Judge, Trivandrum, to quash the Sub-Divisional Magistrate's order and the...
Tag this Judgment!Vallon Kochol Vs. State
Court: Kerala
Decided on: Dec-12-1955
Reported in: 1956CriLJ1099
Koshi, C.J.1. The appellant Vallon Kochol has been convicted by the learned Sessions Judge of Anjikaimal for committing the murder of his wife Kali Ku-rumba and sentenced to transportation for life. The case against him was that at about 5-30 P.M. on 15-10-1954 he inflicted some injuries on his wife with a sickle (M.O.I.) and that as the result of the injuries she died the next day evening while she was an in-patient in the Trippunithura Government Hospital.The learned Sessions Judge tried the case with the aid of three assessors and while all of them agreed that the appellant's wife died as a result of the injuries inflicted upon her by the appellant as alleged, two of them alone were of the opinion that he was guilty of murder. The third assessor doubted whether he had the necessary intention to cause death.The learned Judge agreed with the majority opinion and accordingly convicted the appellant of the offence of murder. As for the sentence the learned Judge took the view that the l...
Tag this Judgment!Geeverghese Thomas Vs. Chacko Joseph and ors.
Court: Kerala
Decided on: Dec-06-1955
Reported in: 1956CriLJ1364
Menon, J.1. This is a petition under Article 227 of the Constitution by the accused in C. C. No. 269 of 1955 on the file of the Court of the First Class Magistrate, Changanacherry. The respondent is the complainant in the said case.2. Paragraphs 2, 3 and 4 of the affidavit filed in support of the petition read as follows:The respondent filed the case above referred to on the allegations that I had left with him on 9-10-1955 my Nalvazhi and Peredu account books for the year 1125; that on 12-10-1955, I went to his house in Changanacherry and in his absence and despite the protest of his servant removed from there the said two account books along with a bill book and Kurippu accounts which belong to him, thus committing offences punishable under Sections 451 & 392, I.P.C. He alleged that the books are kept at my residence, Anandabhavanam Puthiacavu, Mavelikara. The Court on the application of the complainant issued a warrant for search and recovery of the alleged stolen books.3. The Polic...
Tag this Judgment!Krishna Pillai Vasu Pillai and ors. Vs. the State
Court: Kerala
Decided on: Dec-02-1955
Reported in: 1956CriLJ1358
Koshi, C.J. 1. Criminal Appeals 139, 140, 141, 142, 143, and 144 are respectively by accused 1 to 6 in Sessions Case No. 52 of 1955 on the file of the Quilon Sessions Court. The six accused persons were tried by the learned Sessions Judge with the aid of four assessors for committing the murder of one Madhusoodanan Pillai in the evening of 15-1-1954.Accepting the unanimous opinion of the assessors the learned Judge found accused 1 guilty of the offences punishable under Sections 143 and 302, I.P.C. and sentenced him to death under Section 302. The remaining accused 2 to 6 have been found guilty under Sections 148, 149, 341 and 302 read with Sections 34 and 109, I.P.C. and each of them has been sentenced to transportation for life under Section 302 road with Sections 34 and 109, I.P.C.While the accused persons have preferred separate appeals against their convictions and sentences, the learned Judge has submitted the records of the case to this Court under Section 374, Criminal P.C., fo...
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