Kerala Court October 1957 Judgments
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Thanuvan Sivanandan and anr. Vs. Bhagvathi Janaki and ors.
Court: Kerala
Decided on: Oct-21-1957
Reported in: AIR1958Ker228
1. These appeals arise from Original Suits Nos. 124 of 1123 and 128 of 1122 of the District Court of Trivandmm. The two suits were by different junior members of an Ezhava sub-tarwad consisting of one Devayani Bhavani and her children. She had two sons Sivanandan and Divakaran and three daughters Visalakshi, Krishnamma and Savitri. Divakaran was the eldest of the children.Devayani Bhavani and Divakaran together sold the plaint schedule properties to one Kutti Ohinnan under Ext. IV dated 24-7-1109 and this sale deed was sought to be set aside in the two suits on the ground that the same was unsupported by consideration and necessity. O. S. No. 124 of 1123 was instituted by Sivanandan, the second son of Bhavani and O. S. No. 128 of 1122 by Savitri, her youngest daughter. According to the plaintiffs in the two suits, all the items of immoveable properties sold under Ext. IV belonged to the sub-tarwad.Kutti Chinnan's heirs are defendants 1 to 8 In O. S. No. 124 and Defendants 1 to 9 in O. ...
Malabar Products Ltd. Vs. Industrial Tribunal, Ernakulam
Court: Kerala
Decided on: Oct-21-1957
Reported in: AIR1958Ker192
M.S. Menon, J. 1. The petitioner is the Malabar Products Ltd., Kandassankadavu, represented by itsGeneral Manager, T. R. Devassi, and the respondents are the Industrial Tribunal No. 2, Ernakulam, and the Kandassankadavu Tile Factories Workers Union, Kandassankadavu,represented by its Secretary. The petition invokes the jurisdiction of this Court under Arts. 226 and 227 of the Constitution and prays that this Court should 'call for the records from the 1st respondent Tribunal, quash the interim award passed by the Tribunal in Industrial Dispute No. 73/54 published in Gazette No. 14 dated 5th April 1955 (Ext. A) and the Award in Industrial Dispute No. 55/1956 published in the Gazette No. 13 dated 26th March 1957 (Ext. B), andissue such orders and directions as deemed fit and proper in the circumstances of the case.'2. The issues referred for adjudication were:'(1) Whether the discharge of the workers mentioned in the schedule is justifiable? If not, to what reliefs are they entitled to? ...
K.J. Antony Vs. Public Service Commission and anr.
Court: Kerala
Decided on: Oct-21-1957
Reported in: AIR1958Ker352
1. The petitioner Shri K.J. Antony was employed for some time as a clerk in the Joint Stock Companies department of the Travancore-Cochin State. He was appointed to that post on the basis of the selection and advise made by the State Public Service Commission, He was relieved from service on 5-2-1955 on the ground that the vacancy in which he was acting as clerk had terminated. His complaint that the 2nd Respondent who was at that time the Registrar of Joint Stock Companies department, was acting mala fide in relieving him and at the same time allowing one Shri Vijayamma who was recruited as clerk more than a year after the recruitment of the petitioner, to continue in service.His representations to have that mistake rectified and to get himself reinstated in service did not find favour with the authorities concerned and thereupon he has filed O. P. No. 20 of 1955 invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution for the issue of appropriate wr...
The City Corporation, Trivandrum Vs. M. Muhammad Haneefa
Court: Kerala
Decided on: Oct-15-1957
Reported in: AIR1958Ker61; 1958CriLJ503
Vaidialingam, J.1. This is a revision by the City Corporation, Trivandrum, against the order of the learned Corporation 1st Class Magistrate acquitting the respondent under Section 245(1) of the Criminal P. C.2. The respondent-accused was charged bythe Revenue Inspector of the City Corporation,Trivandrum, under Section 409 of the TrivandrumCity Municipal Act (Act IV of 1116), read withRule 31 (2) of Part VI, Schedule II of the saidAct. ,3. According to the prosecution, the respondent was the highest bidder at the auction held for the right to run the cantonment Connemara Market for the period 1-4-1952 to 31-3-1953. The respondent is stated to have entered into an agreement with the Corporation, agreeing to pay the bid amount in certain instalments stated therein.He is stated also to have agreed that in case of default, the corporation could re-auction the right and collect from him any fine imposed by the Corporation together with other losses incurred by the corporation by such re-auc...
M. Ibrahim Pillai Vs. Principal, University Intermediate College, Triv ...
Court: Kerala
Decided on: Oct-14-1957
Reported in: AIR1958Ker72; (1958)IILLJ399Ker
Sankaran, J.1. The petitioner is an attender in the University Intermediate College at Trivandrum. The University started proceedings against him for being a party to the malpractice committed by a candidate who had appeared for the Intermediate Examination held in September 1954 and whose register number was 817. The charge against the petitioner was that he helped this candidate to substitute his answer paper in English paper III, by another answer paper got ready outside the examination hall by handing over to the candidate at about 1 p. m. on 16th September 1954.The handing over of the answer book brought from outside to the candidate and getting back from him the answer paper written by him in the examination hall, were noticed by the College peon Yohannan who was on duty in the examination hall and he made a report of the same to the Principal of the College through one Mr. T. S. Ramakrishnan who was Assistant Superintendent in connection with the examination. Copy of the peon's ...
Karthiayani Pillai, Gouri Pillai and ors. Vs. Janaki Pillai Lekshmi Pi ...
Court: Kerala
Decided on: Oct-14-1957
Reported in: AIR1958Ker335
1. This is a Second Appeal by the legal representatives of the first defendant who was the first respondent in the lower court. The suit is for redemption of a mortgage evidenced by Ext. B which is in favour of the first defendant. It is common ground that plaint items 1 to 3 alone are covered by this document. Plaintiff has brought the present suit as the donee under the mortgagor. There was no dispute about his right to redeem items ) to 3. But the right to redeem items 4 and 5 claimed by the plaintiff was denied by the defendant-mortgagee.Such a right was advanced by the plaintiff on the basis that these two items which were obtained on puduval registry by the first defendant have to be treated as accretions to the mortgage holding. The defendant contended that he got registry of these items in his own right and independent of his position as mortgagee of items 1 to 3. This contention of the first defendant was upheld by the trial court in respect of items 4 and 5. The lower appella...
Lekshmikutty Amma and ors. Vs. Madhavan Pillai and ors.
Court: Kerala
Decided on: Oct-11-1957
Reported in: AIR1958Ker111
Koshi, C.J.1. This Second Appeal arises out of a suit for partition instituted by a Nayar widow and two among her three children to recover in their own right and in the right of defendant 7 to the action, the share which one Krishna Filial Hainan Pillai (hereinafter referred to as Baman Pillai), the husband of plaintiff 1 and the father of plaintiffs 2 and 3 and defendant 7, was entitled to out of his tarwad properties. In O. S. No. 1044 of 1114 on the file of the Kottayam District Munsiff's Court, a brother of the said Raman Pillai had instituted a suit for partition of the tarwad, properties and Baman Pillai, who war, defendant 2 therein, filed a written statement on the first hearing date (19-12-1114) itself claiming his due share (one-seventh) and for a division of the same when the tarwad properties were divided by metes and bounds.However, overlooking that fact and after declaring among other defendants Raman Pillai also ex parte the court passed a preliminary decree in favour o...
Govindan Asari Kesavan Asari Vs. Sankaran Asari Balakrishnan Asari
Court: Kerala
Decided on: Oct-11-1957
Reported in: AIR1958Ker203
K. Sankaran, J. 1. This Second Appeal raises the question of maintainability of the plaintiff's suit which is based OP. a foreign judgment. The parties to the suit were residing within the jurisdiction of the Court of Requests at Jaffna in Ceylon in the year 1949. The plaintiff instituted a suit against the defendants in the said Court for recovery of a certain amount alleged to be due to him. The defendants on whom the summons had been duly served, failed to appear in Court and the suit was decreed ex parte in favour of the plaintiff on 26th May 1949. Ext. A is copy of that decree. Some time after the passing of that decree, the defendants returned to their native place Navai-kulam which is within the jurisdiction of the Attingal Munsiffs Court.The plaintiff thereupon instituted the present suit O. S. No. 598/1950, in the Attingal Munsiffs Court for recovery of the amount due to him under the decree of the Jaffna Court, as evidenced by Ext'. A. In resisting the suit the defendants con...
Harrisons and Crossfield Ltd., Quilon Vs. Municipal Council, Kottayam
Court: Kerala
Decided on: Oct-09-1957
Reported in: AIR1958Ker69
Raman Nayar, J.1. These petitions under Article 226 of the Constitution are by the same petitioner, a company, and are directed against the levy arid collection of licence fees by the 1st respondent Municipal Council and its Commissioner, the 2nd respondent. O. P. 71 of 1954 is against the levy for the years ending 31st March, 1953 and 31st March, 1954 while O. P. 123 of 1954 is against the levy for the year ending 31st March, 1955. Licences were insisted upon, and fees were levied, for the storage of rubber and tea by the petitioner company in their premises within the limits of the Municipality, and' a separate fee of Rs. 250 a year was charged in respect of each commodity. The fees were paid under protest, and the prayer in the petitions is that the notification dated 15th May, 1953 published by the 1st respondent Council in the gazette dated 9th June, 1953 under the provisions of Section 261 of the Travancore District Municipalities Act, (Act XXIII of 1116), which notification form...
State of Madras Vs. Aissabi
Court: Kerala
Decided on: Oct-09-1957
Reported in: AIR1958Ker67
Raman Nayar, J.1. This appeal by the State is against the award of the enhanced compensation (to the tune of Rs. 9,445-5-3) by the Subordinate Judge, Kozhikode, on a reference made to him under Sections 18 and 19 of the Land Acquisition Act.2. The land acquired is a portion of T.S. No. 1516 of Kozhikode town and is registered as garden land. It is 96 cents in extent and has been separately sub-divided as T. S. No. 1516/2. It was acquired on behalf of the Kozhikode Municipality for the construction of scavengers' quarters. The following description of the land to paragraph 9 of the Judgment under appeal is amply borne out by the evidence on record, even by the evidence or the witnesses examined on the side of the Government, and its correctness can scarcely be disputed :The land in question is practically now a building-site with trees standing on it. There is a disused well and the basement of an old shop. It is bounded on two sides by important roads and it is situated in a crowded lo...
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