Kerala Court December 1956 Judgments
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Kora Lukose Vs. Chacko Uthuppan
Court: Kerala
Decided on: Dec-12-1956
Reported in: AIR1957Ker19
M.S. Menon, J.1. The plaintiff in S. C. S. No. 53 of 1955 of the Court of the District Munsiff, Chenganachery, is the petitioner before us. The suit was dismissed on the ground that it was barred by limitation under Article 115 of the Indian Limitation Act, 1908, and the contention before us is that the article applicable is not Article 115 but Article 120 and that the suit should have been held as having been filed within time. 2. Under Ext. A, an agreement between the petitioner and the Tahsildar, Chenganachery, dated 27-12-1950, the petitioner undertook to pump out water from certain paddy lands and was entitled to be, paid therefor at the rate of Rs. 12-4-0 per acre under condition No. 1 of the said agreement.3. Condition No. 2 of the agreement reads as follows: (The condition given in Malayalam script omitted. -- Ed.)The respondent was no party to the contract and cannot hence be held as bound by its terms. He was, however, benefited by the pumping operations and the question that...
Manikka Kunjipennu and ors. Vs. Narayanan Parameswara Panicker
Court: Kerala
Decided on: Dec-12-1956
Reported in: AIR1957Ker74
1. This second appeal arises out of an appellate order of the court below refusing to uphold a court sale of immovable property in favour of plaintiff-decree-holder in execution of a small cause decree against the defendants 1 and 2.2. The Court sale in question took place on 19-4-1122 and concerned a plot of double crop wet land, 34 cents in extent and was for the low sum of Rs. 66 and odd. The 2nd defendant applied on 28-9-1123 under Section 47 and Order 21 Rule 90 C.P.C. for cancellation of the court sale on the ground that the sale was illegal and was attended by fraud and irregularity. The trial court found that the property was worth at least Rs. 340/- and had been grossly under sold; but there was no evidence that the execution proceedings were vitiated by fraud or material irregularity and further that the petition itself was barred as having been filed more than 80 days after the date of the sale. In appeal by the 3rd defendant, in whose favour the rights of the 2nd defendant ...
Varkey Souriar Vs. Keraleeya Banking Co. Ltd., Thiruvalla
Court: Kerala
Decided on: Dec-12-1956
Reported in: AIR1957Ker97
Varadaraja Iyengar, J. 1. This second appeal is by 1st defendant and arises out of suit on a hypothecation-bond Ex, I dated 17-12-1102 executed by him for securing an overdraft account up to Rs. 420 with the 1st plaintiff, the Kerftleeya Banking Co. Ltd., Tiruvalla, represented by its Managing Director Varki Thomas. According to the plaint, an amount of Rs. 630 made up of the principal sum of Rs. 420 advanced under this account along with interest, amounting to one half the principal had accrued due. This amount had been paid to the Bank by the 2nd plaintiff Thomas Alexander as per Ex. G in 1121 and it was prayed, therefore, that decree may be passed in favour of the 2nd plaintiff. The 1st defendant contested the suit mainly on ground of bar of limitation and also discharge by payment long previously on 7-4-1118 to the 4th defendant, who was a prior assignee of the bond from other earlier Managing Director Punnoose Oommen. Both the Courts below found against limitation and we are not c...
Brilliant Traders Ltd. Vs. Sales-tax Officer, Quilon
Court: Kerala
Decided on: Dec-12-1956
Reported in: AIR1958Ker375; [1957]8STC42(Ker)
ORDERVaradaraja Iyengar, J.1. This is a petition under Article 226 of the Constitution filed by Messrs. Brilliant Traders Ltd., Quilon, questioning the validity of an order under Section 11 (2) of the Travancore-Cochin Sales-tax Act, XI of 1125.2. The petitioners were assessed to sales-tax by the 1st respondent Sales-tax Officer, Quilon, on 15-12-,1953 for the periods 1951-52 and 1952-53 in respect of their sale transactions in timber inside the State. That same order exempted their other transactions by way of inter-State sales, but they were directed to pay over to the State a sum of Rs. 6,966-11-6 pics and another sum of Rs. 2,613-11-0 which had been already collected by them as sales-tax on such transactions during those periods under Section 11 (2) of the Act. The petitioners disputed their liability to pay these collections but they were overruled by the Sales-tax Officer in the first instance and thereafter in appeal and revision before the respondents 2 and 3 respectively.Hence...
Calicut Wynad Motor Service Ltd. Vs. Regional Transport Authority, Mal ...
Court: Kerala
Decided on: Dec-11-1956
Reported in: AIR1957Ker13
ORDERMenon, J. 1. This petition is directed against the grant of a temporary permit for the four months from 4-11-1956 to 3-3-1957 to the 2nd respondent. Messrs. N. V. Motor Service, Kozhikode, by the 1st respondent, the Regional Transport Authority, Malabar. The order granting the temporary permit is Ex. P2 which reads as follows:'With reference to this office notification 1st cited, applications from the marginally noted operators:-- 1. Sri. N. V. Motor Service, Kozhikode. 2. ' R. L. M. S., Ootty. 3. ' O. O. Transport Co., Kozhikode. 4. ' C. W. M. S. Ltd., Kohzikode. 5. ' D. Vasudevan Nambooripad, Kozhi-kode 3. were received for the grant of a temporary permit for one bus to ply on the route Kozhikode -- Suitansbattery Via Kunnamangalam, Vaitiri, Chundale and Kalpetta for a period of four months from 4-11-1956.I consider that Sri. N. V. Motor service who is running the service on the route on Temporary permit expiring on 4-11-1956 can continue in the interest of public service. The t...
Devassy Lonappan Vs. the Nattika Firka Rural Co-operative Bank Ltd. an ...
Court: Kerala
Decided on: Dec-11-1956
Reported in: AIR1957Ker14
ORDERMenon, J.1. The petitioner is member of a Cooperative Society registered under the Madras Co-operative Societies Act, 1932, and the prayer in the petition is:'For the reasons stated in the affidavit herewith filed it is prayed that this Hon'ble Court may be pleased by virtue of its powers under Article 226 of the Constitution of India to remove or call for all the records and proceedings including the resolutions passed at a meeting of the Nattika Firka Producers cum Consumers Cooperative Society, Valapad and dated 7-8-1955 and also the proceedings and resolutions passed at the meeting of Nattika Pirka Rural Co-operative Bank Limited, Valapad and to quash the same by issue of a writ of certiorari or other appropriate writ or order. It is further prayed that the registration of the 1st respondent as Society No. F. 1251 be cancelled and all proceedings and orders relating to the appointment and continuance of respondents 3 to 8 as Directors of the 1st respondent Bank be quashed'.The...
M. Raghavan Pillai Vs. Thomman Thommi and ors.
Court: Kerala
Decided on: Dec-07-1956
Reported in: AIR1957Ker121
T.K. Joseph, J.1. The third defendant is the appellant. The contentions of the parties have been correctly stated in paragraphs 1 to 5 of the Judgment of the learned judge and are extracted below: 'Suit for declaration of benami and other reliefs. The plaintiff's case is as follows: Plaint property item 1, 1 acre 22 cents of paddy land in S. No. 141/2 belonged to the 1st defendant. She along with her husband the 2nd defendant, sold the property to the plaintiff under Ext. A dated 28-8-1118 for a consideration of Rs. 2000/-. The money was left with the plaintiff for the discharge of two encumbrances on the property. One was a chitty hypothecation bond of 1103 which had matured into a decree in O. S. 132 of 1117. The other also was a similar hypothecation bond of 1104. Plaintiff got possession on 28-8-1118 itself and has paid off the two encumbrances as directed. There was yet another charge on the property created by a hypothecation bond of 1105 in favour of a Bank called, Sri Vallabha ...
Varki Chacko Vs. Ouseph Pramena
Court: Kerala
Decided on: Dec-05-1956
Reported in: AIR1957Ker48
I.K. Joseph, J. 1. This appeal arises out of a suit by the representatives of a prior mortgagee-auction-purchaser for recovery of possession of mortgaged property from the representative of the puisne mortgagee-auction-purchaser, on payment of the mortgage money. The facts necessary for the decision of the appeal may be briefly stated.2. The property which is the subject-matter of the suit belonged to one Mathen Augusthy of Pulickal. On 20-3-1088 he executed a simple mortgage in favour of one Chandy Devasia who sued on it in O. S. No. 234 of 1099 and obtained a decree (Ext. B) on 18-4-1099. In execution of the decree be purchased the property on 21-10-1101 and then transferred the same under Ext. AA dated 26-2-1102 to one. Mathoo Mathai who obtained a record of delivery (Ext. C) dated 27-3-1103. At the time of institution of that: suit there were three later mortgages one of which was a usufructuary mortgage (Ext. H) dated 22-9-1093 in favour of one Mathoo Devasia who had sub-mortgaged...
William Goodacre and Sons Ltd., Asramam, Quilon Vs. Mathan
Court: Kerala
Decided on: Dec-04-1956
Reported in: AIR1957Ker16; (1957)ILLJ515Ker
Varadaraja Iyengar, J.1. This second appeal is by the defendants in a suit for recovery of bonus, which has been decreed concurrently by both the courts below in favour of the plaintiff.2. The defendants are Messrs. William Goodacre and Sons Ltd. having their Head Office at Alleppey and a branch at Quilon and engaged in the business of manufacture and sale of coir yarn. The plaintiff was employed by the defendants as their Labour Welfare Officer at the Quilon branch as and from 1-4-1943 on a pay of Rs. 107-8-0. but his services were terminated on ground of retrenchment on 30-6-1947. Plaintiff's Provident Fund claims were settled and paid off to his satisfaction on 22-7-1947. In September 1947, the defendant's Head Office in London announced a payment of bonus to their employees in Travancore for the year ending 30-6-1947. Plaintiff then made claim for his share of bonus but the defendants refused and so this suit was laid on 5-4-1123 for recovery of an estimated bonus of Rs. 700.3. The...
Mani Poulose Vs. State of Travancore-cochin
Court: Kerala
Decided on: Dec-04-1956
Reported in: AIR1957Ker40; [1957]8STC502(Ker)
T.K. Joseph, J.1. Plaintiff, a merchant carrying on business at Palai in Meenachil Taluk, was liable to pay sales tax on his turnover and the amount assessed as tax was a sum of Rs. 4,033-14-6. As the tax was not paid, recourse was had to the Revenue Recovery Act for realisation of the same and a notice of demand dated 6-10-1951 issued by the Tahsildar, Meenachil, under Section 24 of the Revenue Recovery Act was served on him. He paid various sums on different dates. On 2-6-1952 another notice was issued to him stating that a sum of Rs. 2,833-14-6 was still due. It was then found by the plaintiff that three payments made by him were not given credit to and he instituted the suit for compelling the State of Travancore-Cochin to give credit to this sum and also to restrain the State from recovering the same over again,It was contended by the State that the receipts relied on by the plaintiff were not in the prescribed form and that the disputed payments were not entered in the accounts. ...
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