Kerala Court February 1957 Judgments
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Lekshmi Amma Karthiyani Amma and ors. Vs. Narayana Pillai Kesava Pilla ...
Court: Kerala
Decided on: Feb-12-1957
Reported in: AIR1957Ker81
Varadaraja Iyengar, J. 1. This appeal is by the plaintiffs in a suit for partition of their branch tarwad properties which has been decreed in part and disallowed as regards the rest, 2. The plaintiffs 1 to 4 and the defendants 1 to 24 constitute the members of a branch of the Thekke Poovampillil Nair Tarwad in Edappalli in North Travancore. The 1st plaintiff, 1st defendant and the defendants 4 to 8 are the children of Lekshmi Amma deceased. They had a brother Govinda Pillai whose widow is the 25th defendant and children are the defendants 26 to 29. The plaintiffs 2 to 4 are the children of the first plaintiff, the defendants 13 and 14 are the children of ' the 6th defendant and defendants 2, 3 and 9 to 24 are the children and grand-children of the 4th defendant. There are five schedules of properties A to E attached to the plaint and said to be owned by the branch tarwad of the plaintiffs 1 to 4 and defendants 1 to 24, on basis of three different sets of title (i.e.,) the A schedule a...
Narayana Iyer Vs. Venkitasubramonia Iyer
Court: Kerala
Decided on: Feb-12-1957
Reported in: AIR1957Ker115
Varadaraja Iyengar, J.1. This appeal is against an order of the District Court of Anjikaimal granting probate of a will.2. Ramaswamy Iyer, the testator, died on 10-6-1126 leaving him surviving five sons, viz., the applicant for probate, Venkitasubramoni, and three respondents to the application, Narayanan, Krishna-swami and Venkitaraman and also Hariharan, since deceased. Ramaswami Iyer had effected a partition of his self-acquired properties among his five sons, in or about 1112, retaining the properties dealt with under the will, for his own share. For about ten years previous to his 'death, Ramaswami Iyer had been residing with his eldest son Venkitasubramoni and during the latter half of the period, he had been suffering from cancer of the cheek.The will in question was executed on 15-8-1125, and registered the next day and provided for certain legacies in favour of two of the younger sons Krishnaswami and Venkitaraman and the devolution of all the rest, forming practically the maj...
Tile Manufacturers' Association, Quilon Vs. State of Travancore CochIn ...
Court: Kerala
Decided on: Feb-11-1957
Reported in: AIR1957Ker30; (1957)ILLJ637Ker
M.S. Menon, J. 1. The petitioners challenge the validity of Ext. C, an order of the Government of Travancore-Cochin dated 2-5-1955. The 1st petitioner is the Travancore Tile Manufacturers' Association, Quilon, and the 2nd, 3rd and 4th petitioners are proprietors of tile manufacturing concerns in that area. The 1st respondent is the State of Travancore-Cochin and the 2nd, the Travancore Tile Workers' Union, Quilon.2. Ext. C is a decision given under Sub-section(2) of Section 25-A of the Industrial Disputes Act, 1947. It reads as, follows :'With reference to your letter dated 5-5-1954, I am directed to inform you that Government have been pleased to declare that the 16 tile factories in the Quilon area do not come under industrial establishments of a seasonal character or in which work is performed only intermittently. A press release to this effect has been issued.'3. Sub-section (1) of Section 25-A of the Industrial Disputes Act, 1947, provides that Sections 25-C to 25-E Inclusive of t...
Bhadsha Stores Vs. P.V.K. Govindan Kutty
Court: Kerala
Decided on: Feb-11-1957
Reported in: AIR1957Ker41
Sankaran, J.1. The plaintiff in Section C. Section 76/54 on the file of the Subordinate Court at South Malabar is the petitioner. His suit is for money due under a promissory-note dated 19-9-1951 executed in his favour by the defendant for a sum of Rs. 590. The defendant, claiming himself to be an agriculturist as defined in the Madras Indebted Agriculturists (Temporary Relief) Act, 1954, (Act V of 1954), contended that the suit is not maintainable in view of the provision contained in Section 3 of that Act This plea of the defendant was upheld by the learned Subordinate Judge who, thereupon, dismissed the suit with costs on 17th September, 1954. The plaintiff seeks a revision of that order on the ground that the Subordinate Judge acted in excess of his jurisdiction in summarily dismissing the suit.2. The simple question for decision in this case is whether the scope of Section 3 of the Madras Indebted Agriculturists' (Temporary Relief) Act, 1954, is such as to completely absolve the a...
Krishna Kutty Nair Vs. Industrial Tribunal, Trivandrum
Court: Kerala
Decided on: Feb-07-1957
Reported in: AIR1960Ker31
Varadarajan Iyengar, J.1. This is a petition under Article 226 of the Constitution filed by K. Krishnankutty Nair claiming to be the General Secretary of the Jumna Thread Mills Employees' Union, Koratty and calling in question, on behalf of the employees, the award dated 16-9-1956 passed by the first respondent, the Industrial Tribunal, Trivandrum in Industrial Dispute No. 106 of 1955. The Jumna Thread Mills (Private) Ltd., Koratty who are the employers and opposite party to the Industrial Dispute are im-pleaded as the 2nd respondent.2. Early in May 1955 a series of industrial dis-putas arose between the 2nd respondent and their workmen represented by the Union, These disputes comprising 23 questions were referred under Section 10(1)C of the Industrial Disputes Act (Central Act XIV of 1947) to the 1st respondent, on 16-8-1955 as I. D. No. 105 of 1955. Pending this reference the Union raised 41 further demands and as the management did not agree, these demands were placed for conciliati...
In Re: Company
Court: Kerala
Decided on: Feb-06-1957
Reported in: AIR1957Ker60
ORDERVaradaraja Iyengar, J.1. This is a petition to rectify the register of the 1st respondent company. 2. Preliminary objection has been raised that this petition ought to have been filed in the District Court having jurisdiction in the matter and not in the High Court and reliance Is placed on the Notifications dated 23-5-1951 and 27-9-1951 Issued by the Government of India and by the T.C. State Government under Section 3 of the repealed Companies Act, 1913.. The argument is that these notifications still apply notwithstanding the repeal of the Companies Act, 1913, and its replacement by the Act of 1956.It is not contended on the petitioner's side that the notification is any way inconsistent with the express provisions in Section 10 of the Act of 1956 corresponding to the repealed Section 3. If so, the Notifications do apply and the result is that the Court of exclusive jurisdiction in the matter concerned is the Oistrict Court. See British India Corporation Ltd. v. Shanti Narain, A...
Ravunni Nair Vs. State of Kerala
Court: Kerala
Decided on: Feb-04-1957
Reported in: AIR1957Ker65; 1957CriLJ751
Koshi, C.J.1. The Criminal Appeal and the connected Referred Trial arose from the judgment and order, dated October 9, 1956, of the learned Sessions Judge of South Malabar Division, at Kozhikode, in Sessions Case No. 55 of 1956 on the file of his Court, convicting the accused therein, Ghakkulli Ravunni Nair alias Appunni Nair (hereinafter referred to as the accused) for committing an offence of murder and sentencing him to the extreme penalty of the law. The accused was tried before the learned Sessions Judge for the murder of his mother-in-law's younger sister, Kinattun-kara Puthanveettil Kalliani Amma,The murder was alleged to have taken place during the night between 30-6-1956 and 1-7-1956. The learned Sessions Judge found the accused guilty, convicted him of murder and sentenced him to death. The accused preferred Criminal Appeal-No. 637 of 1956 before the Madras High Court against his conviction and sentence. The learned Sessions Judge submitted the proceedings to the said High Co...
Balakrishnan Vs. Kalliyani
Court: Kerala
Decided on: Feb-01-1957
Reported in: AIR1957Ker51
ORDERSankaran, J. 1. This is a petition by the defendant in O. S. 73 of 1948 on the file of the Sub-Court at Palghat. That was a suit for money due under two promissory notes alleged to have been executed by the defendant in favour of the plaintiff. In the suit the defendant was described as a lunatic and accordingly his younger brother Viswanathan was proposed to be appointed as his guardian. The plaint averment that the defendant was a lunatic was accepted by the trial Judge who thereupon passed an order appointing Viswanathan as the guardian of the defendant. Summons of the suit was issued to the guardian alone who after acceptance of the summons chose to remain ex parte.He appears to have gone one step further and to have appeared as the plaintiff's first witness and to have proved the plaint promissory note. On the strength of such evidence the suit was decreed against the defendant on 7-10-1948. The defendant filed the present application I. A. 1540 / 51 on 19-10-1951 praying tha...
Chandukutty Nambiar Vs. Raman Nair and ors.
Court: Kerala
Decided on: Feb-01-1957
Reported in: AIR1959Ker176
M.S. Menon, J. 1. The 8th plaintiff in O. S. No. 41 of 1950 of the Court of the Subordinate judge of Tellichery is the appellant before us. He is the receiver appointed in respect of the assets of the Kamalalayam Bank in O. S. No. 189 of 1952 of the Court of the District Munsiff, Payyoli.2. The Kamalafayam Bank is a partnership concern. A Hindu joint family is one of the partners. Ayya Pattar who instituted the suit from which this appeal arises was the Kartha and Manager of thatfamily consisting of himself and his brothers.3. The Kamalalayam Bank was doing business at various places. One of its Branches was at Quilandy and the 1st defendant was the agent of that Branch. He desired to start a bank of his own and the assets of the Quilandy Branch of the Kamalalayam Bank were transferred to him for a sum of Rs. 40,000/-.4. Ext. A3 dated 30-4-1948 is the agreementexecuted by the 1st defendant in that behalf. It refers to Ext. A1, a letter of his dated 16-4-1948, and Ext. A2, his statement...
Avoch thevar Vs. Chummar
Court: Kerala
Decided on: Feb-01-1957
Reported in: AIR1957Ker171
Varadaraja Iyengar, J.1. These are two revision petitions calling in question two different orders passed by the istrict Judge of Parur but to the same effect of authorising the sale of the properties appertaining to the Jewish Synagogue at Parur. As they involved difficult questions of law and practice they were referred to a Division Bench by one of us before whom it came on in the first instance.2. The matter arises in execution of a decree in O. S. 37 of 1116 of the Parur District Court. This suit was' filed by some members of the Jewish Synagogue at Parur for removal of the trustees of the Synagogue for alleged misconduct and for rendition of accounts. The suit was decreed by the trial court and appeal was taken as A. S. 207 and 230 of 1951 before the High Court by some of the defendants. The appeals were, however disposed of not on the merits but on basis of a compromise between the parties in recognition of the state of things touching the entire community which had newly arisen...
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