Kerala Court January 1957 Judgments
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Vishnu Maheswaran Nampoothiri Vs. Kuruvilla Kochitty Kuruvila and ors.
Court: Kerala
Decided on: Jan-16-1957
Reported in: AIR1957Ker103
Sankaran, J.1. Plaintiff is the appellant Himself and defendants 2 to 7 are members of a Malayala Brahmin family. The 2nd defendant is the managing karnavan of this family. His mother was the first wife of his father, whose second wife was the mother of the plaintiff. The 4th defendant is the wife of the 2nd defendant and their children are defendants 8 and 5 to 7. The plaint property belongs to the family of these parties and it was outstanding on mortgage. On 10-9-1111 the equity of redemption of this property was sold by the 2nd defendant and other members of his family iu favour of the first defendant. Exhibit A is copy of that sale deed. The mortgage and puravaipa amounts were recited in the sale deed and the first defendant was directed to redeem the property on payment of these debts. For that purpose a sum of Rs. 1227, Chuckrams 10 1/2 was reserved with him. The price for the equity of redemption of the property was fixed at Rs. 123 Chuck-rams 18, out of which Rs. 22, Chuckrams...
M.L. Janardhanan Pillai Vs. Income-tax Officer, Alleppey
Court: Kerala
Decided on: Jan-15-1957
Reported in: AIR1957Ker25; [1958]33ITR111(Ker)
M.S. Menon, J.1. The petitioner was finally assessed to income-tax by an order of the Income-tax Officer, Alleppey, dated 29-2-1952, in respect of the accounting period, 11-1-1947 to 31-12-1947 (assessment year : 1124 M. E.). The Income-tax Officer sketched the history of the case as follows in the assessment order (Ext. C):'Assessee was the sole proprietor of a mate and mattings business till the end of 1947. The assessment for 1124 was made on 22-11-1124 on a total income of Rs. 66738. Later on it was ascertained that assessee had large bank deposits, which were not recorded in his books of accounts and that the income, from these deposits were also not assessed to income-tax. Notice under Section 47 was issued on 23-8-1951 to tax the escaped incomes. Assessee filed a return on 27-9-1951. Subsequently on 22-10-1951 assessee filed a disclosure statement showing Rs. 160000 as untaxed income from sundry business during 1942 to 1947. Assessee also filed an amended return of income for 11...
Thomas Vs. State of Travancore Cochin
Court: Kerala
Decided on: Jan-15-1957
Reported in: AIR1957Ker95; (1957)IILLJ53Ker
1. The petitioner is the owner of a rubber estate with an area of about 107 acres and employing 25 workers for the purpose of tapping rubber. The schedule to Ext. P2, a notification of the Government of Travancore-Cochin in exercise of the powers conferred on them by Clause (a) of Sub-section (1) of Section 3 read with Clause (iii) of Sub-section (1) of Section 4 of the Minimum Wages Act, 1948, specifies the minimum wages payable to such workers.2. The relevant portion of the schedule as amended subsequently reads as follows:'I. The Minimum Time Rates.Basic wagesD. A.Total wages. Rs.As.Ps.Rs.As.Ps.Rs.As.Ps.(a) Field workers Men01500106196Women0113080133Children0760530129Women tappers will be paid at the rate of Rs. 1.6-6 perday. II. Guaranteed Time Rates. Workers working on piece-rates shall be entitled to receive a guaranteed time rate over and above the piece-rates and irrespective of results. The rates shall be: -- (a) Men12 as. 6 ps.per day.(b) Women9 as. 6 ps.per day.(c) Childre...
Narayanan Parameswara Panicker Vs. Karthiayani
Court: Kerala
Decided on: Jan-11-1957
Reported in: AIR1957Ker101
T.K. Joseph, J.1. This second appeal arises from an order in execution of the decree in a small cause suit. Immovable property was sold in execution and the 4th defendant applied for cancellation of the sale on 13-11-1948 (28-3-1124). The application was dismissed by first court and the 4th defendant preferred an appeal to the District Court. Upholding a preliminary objection that the appeal was not competent the learned District Judge dismissed the same and the 4th defendant has preferred this second appeal. The respondent was not present at the hearing.2. The only point arising for decision is whether the appeal in the lower appellate court was maintainable. The sale was conducted and the application for cancellation of the same was made at a time when the Travancore Civil Courts Act, II of 1084, was in force. Section 14(e) of the said Act provided that appeals and second appeals would lie against orders passed by the court in execution of small cause decrees against immovable proper...
Ammini Ammal Vs. Lekshmi and ors.
Court: Kerala
Decided on: Jan-10-1957
Reported in: AIR1957Ker90
Varadaraja Iyengar, J.1. This appeal arises put of an application made in the Court below by the 1st respondent Lekshmi, for grant for a succession certificate enabling her to collect the debts and securities belonging to her husband T.N. Viswanathan, who had died issueless on 30-1-1950. These debts and securities were, for the most part, obtained by him in partition, between himself and his brothers, of the earnings of their deceased father T.S. Narayana Iyer, who was for some time the Chief Judge of the Cochin Chief Court. The respondents 2 to 5 who are the brothers were impleaded as counter-petitioners to the application. Subsequently, on motion made by one of them, their mother, the appellant was impleaded as additional counter-petitioner. Respondents 2 and 4, two of the brothers by separate objection petitions, though to similar effect, conceded the heir-ship of the petitioner to her husband and her right to be in possession of his estate as scheduled but contended that because sh...
Kumaravelu Chettiar Subramonian Chettiar Vs. the State
Court: Kerala
Decided on: Jan-09-1957
Reported in: AIR1957Ker22
Sankaran, J.1. These three appeals are directed against a consolidated order passed by it Single Judge of the Travancore-Cochin High Court dismissing three original petitions, O. P. No. 62 of 1954, O. P. No. 63 of 1954 and O. P. No. 64 of 1954. Since the points in controversy in all these three petitions were practically the same, the petitions were heard and disposed of by one and the same order.O. P. No. 62 of 1954 was filed by the President of the Vanika Chetty Samudayam residing at Karamanai in Trivandrum. O. P. No. G3 of 1954 was similarly filed by the President of the Viswa Bhrahma Samudayam and O. P. No. 64 of 1954 was filed by the President of the Telugu Chetty Samudayam residing in the same locality. The petitions were stated to have been filed for and on behalf of these respective communities.The petitioners have impeached three successive orders passed by the Travancore-Cochin Government impleaded as the first respondent in all the petitions. These orders relate to three dis...
Karthyayini Amma and ors. Vs. Parukutty Amma
Court: Kerala
Decided on: Jan-07-1957
Reported in: AIR1957Ker27
Varadaraja Iyengar, J. 1. This appeal arises out of a suit for partition among the members of a Nair tarwad and the question is whether the only item of immovable property in respect of which the plaintiffs prayed for and Court below granted a preliminary decree for partition is at all tarwad property available for purpose of partition.2. The tarwad consists of the plaintiffs 1 to 11 and defendants 1 to 6. The 1st defendant Raman Nair, is the Karanavan of the tarwad. The 2nd defendant Karthiyayani Amma is his sister and also the mother though by separate husbands, of the 1st plaintiff and the 3rd defendant. Plaintiffs 2 to 11 are the members of the thavazhi of the 1st plaintiff while the defendants 4 to 6 are the children of the 3rd defendant.According to the plaintiffs' case, the defendants' 1 and 2, their mother Paru Amma and their elder brother Gopalan Nair who constituted in all the adult members of the tarwad in 1097, obtained Rs. 100 under Ext. A partition deed of that year in th...
Parukutty Amma Vs. Chellamma
Court: Kerala
Decided on: Jan-07-1957
Reported in: AIR1957Ker69
Kumara Pillai, J.1. This appeal arises out of a suit brought by a junior member of a Nair tarwad for cancellation of certain alienations of tarwad properties and a partition deed and for other allied reliefs. Ext. E is a copy of the partition deed sought to be cancelled. It was executed on 23-104117 by the plaintiff's mother, Lakshmi Amma .who is now deadi and defendants 1 and 5. Defendant 1 is Lekshmt Amma's eldest daughter.Besides defendant 1 Lekshmi Amma had three more daughters, namely, the plaintiff and defendants 3 and 4. Defendant 2 is Lekshmi Amma's son and the brother of the plaintiff and defendants 1, 3 and 4. She had another son, named Sankara Pillai, who was younger to defendant 4, but he died before the institution of the present suit. Defendant 5 is Lekshmi Amma's husband and the father of the plaintiff and defendants 1 to 4 and the deceased Sankara Pillai.At the time of the execution of Ext, E the plaintiff and defendants 1 to 4 and Sankara Pillai were minors and therefo...
Rama Varrier Krishna Varrier and ors. Vs. Madhavi Amma and ors.
Court: Kerala
Decided on: Jan-07-1957
Reported in: AIR1958Ker301
1. This appeal arises out of a suit for partition. Defendants 1 and 3 to 6 are the appellants. The parties are Warriors by caste. Defendants 1 and 3 are brother and sister respectively, and defendant 2 is their mother. Defendants 4 to 6 are the minor children of defendant 3. Plaintiff 1 is the niece of one Soolapani Warrier, who is now dead and who was the father of defendants 1 and 3 and the husband of defendant 2, Plaintiffs 3 to 5 are the minor daughters of plaintiff 1. Plaintiff 2 also was palintiff 1's daughter, but she died after the institution of the suit, and the remaining plaintiffs are her legal representatives. According to the plaintiffs, plaintiff 1 is defendant 1's wife and plaintiffs 2 to 5 were born of their marriage. The defendants admit that plaintiff 1 was married by defendant 1 and that plaintiffs 2 to 4 were born of that marriage. But, according to the defendants, defendant 1 divorced plaintiff 1. in Chingom 1114 and plaintiff 5 was born subsequent to the divorce ...
St. Michael's Oil Mills, Alleppey Vs. Sales Tax Officer
Court: Kerala
Decided on: Jan-04-1957
Reported in: AIR1957Ker76
ORDERM.S. Menon, J.1. The Managing Partner of the St. Michael's Oil Mills, Alleppey, has filed this petition for and on behalf of the partnership. The 1st respondent is the Sales Tax Officer, 2nd Circle, Alleppey, the 2nd respondent, the Appellate Assistant Commissioner of Agricultural Income-tax and Sales Tax, Trivandrum, the 3rd respondent, the Board of Revenue, Trivandrum, represented by its Secretary, the 4th respondent, the State of Travancore-Cochin represented by the Chief Secretary to Government, Trivandrum, and the 5th respondent, the Tahsildar of Ambalapuzha Taluk.2. The prayers in the petition are that this Court should:'(1) issue a writ of certiorari or such other directions to the respondents in order to call up . the records and proceedings of (1) the 1st respondent's order dated 22-2-1354 (Ext. A) (2) the 2nd Respondent's order dated 22-2-1954 in Sales Tax Appeal No. 849/52-53 (Ext. C) (3) the .3rd respondent's order C. Dis No. 2960/54 dated 17-7-1954 in Sales Tax Revisi...
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