Kerala Court July 1957 Judgments
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Variathu Augusthi Vs. Subramonia Iyer Sesha Iyer
Court: Kerala
Decided on: Jul-18-1957
Reported in: AIR1958Ker15
M.S. Menon J.1. This second appeal questions the executability of the ex parte decree in O. S. No. 421 of 1950 of the Munsiff's Court of Palghat in the Court of the District Munsiff at Perumbavoor. The suit was instituted in the Palghat Court on 7-11-1950 and decreed on 3-1-1951. The execution application concerned is E. P. No. 599 of 1951 dated 20-11-1951.2. The contention of the appellant (defendant) is that the Munsiff's Court of Palghat should be considered a 'foreign Court' and that when so considered the decree is incapable of execution by the Munsiff's Court at Perumbavoor on the basis of the well known canon of Private Inernational Law which was summarised as follows in Gurdayal Singh v. Rajah of Faridkot, 21 Ind App 171 (A) :'In a personal action ... .a decree pronounced in absentem by a foreign Court, to the jurisdiction of which the Defendant has not in any way submitted himself, is by international law an absolute nullity. He is under no obligation of any kind to obey it; a...
Marudevi Avva and ors. Vs. State of Kerala
Court: Kerala
Decided on: Jul-15-1957
Reported in: AIR1958Ker8; 1958CriLJ33
Koshi, C.J.1. There are two appellants in this Criminal Appeal. Marudevi Avva, appellant 1, was accused 1 and Appukuttan appellant 2, accused 4 in Sessions Case No. 66 of 1956 on the file of the Sessions Court, Kozhikode. There were in all four accused persons in that case. While there was a common charge against all the four of kidnapping, or in the alternative of abducting, a woman to compel her marriage an offence punishable under Section 366, Penal Code accused 1 and accused 4 were called upon to answer a further charge, the former under Section 115, (Penal Code) and the latter under Section 307 (Penal Code).Accused 4 was alleged to have attended to murder one Padmayya Goundan (P. W. 1) by driving a jeep over him and accused 1 was alleged to have abetted the said act of accused 4 driving the jeep over P. W. 1. Hence the charges under Section 307 and Section 115 respectively against accused 4 and accused 1. The learned Sessions Judge acquitted all the four persons of the common char...
T.R. Subramonia Iyer Vs. Income-tax Officer, New Delhi and anr.
Court: Kerala
Decided on: Jul-15-1957
Reported in: AIR1957Ker190
T.K. Joseph, J. 1. This is an application under Article 226 of the Constitution of India. The 1st Respondent is the Income-tax Officer, First Additional Contractors' Circle New Delhi and the 2nd Respondent. The Collector of Trivandruiri District. The petitioner was' a partner of 'V. Industrials' Trivandrum, a firm in partnership carrying on business at Trivandrum. The petitioner's case is that the firm was supplying stores to the War Supplies Department of the Government of India in 1942-1943 on the basis of contracts entered into at Trivandrum. The goods were manufactured and delivered at Trivandrum & payment was also received at Trivandrum. The firm had paid income-tax to the State Government for the relevant period. The 1st Respondent also assessed the Firm to income-tax for the identical period. The petitioner is not aware of any notice regarding such 'assessment proceedings except a demand made by the Income-tax Officer, Tirunelveli to which he sent a reply deny-ing, his liability...
Ramunni Vs. Govindan
Court: Kerala
Decided on: Jul-12-1957
Reported in: AIR1959Ker329
ORDERVaidialingam, J.1. This is a Revision under Section 115 C.P.C. by the plaintiff in S.C.S. 323 of 1950, District Munsiff's Court Tellicherry to revise the judgment of the learned Subordinate Judge, Tellicherry in A.S. 1/54 reversing the decree in S.C.S. 323/50.2. The circumstances under which the said A. S. 1 of 1954 came to the file of the Subordinate Judge, Tellicherry are somewhat unusual and can be stated here briefly.3. The petitioner before me was the defendant in O. S. 517/1950 on the file of the court of the District Munsiff, Tellicherry. It was filed by the respondent herein as plaintiff against the present petitioner for recovery of a sum of Rs. 385-15-0 stated to have been borrowed by the defendant including interest on the same and certain other expenses.4. This suit O. S. 517/50 was contested by the petitioner herein on the ground that he had not borrowed any amount from the plaintiff therein and also contended that the plaintiff's case was false and had been filed onl...
M.C. Vasudevan Vs. S.N.D.P. Yogam
Court: Kerala
Decided on: Jul-10-1957
Reported in: AIR1958Ker164
Kaman Nayar, J.1. The petitioner before us was, and claims that he still is, the president of the Pathanamthitta Union of the Aruvipuram Sri Narayana Dharma Paripalana Yogam (better known by its abbreviated title of the S. N. D. P. Yogam), a body incorporated under Tranvancore Regulation I of 1063 (Indian Companies Act VI of 1882). A copy of the articles of association. In other words of the rules of the Yogam, has been produced and has been marked as Ext. P-l.They contemplate the establishment of a large number of branches: unions are group organisations of the branches; and both the branches and the unions are of course, subordinate to the Yogam and subject to its control. On 20-7-1955, the General Secretary of the Yogam, acting on behalf of its Council sent the petitioner the notice, (Ex. P-3) asking him to show cause against disciplinary action for having worked against the interests of the Yogam.The charge was based on two documents appended to the notice, the first Ex. P-4 dated ...
K. Mohammed Vs. State of Kerala
Court: Kerala
Decided on: Jul-04-1957
Reported in: AIR1958Ker1
Koshi, C.J.1. The plaintiff in O. S. No. 229 of 1953 on the file of the District Court of Trivandrum, has brought this appeal against the judgment and decree of the learned Second Additional District Judge of that Court, dated 14th September, 1956, dismissing the suit. On the date of the institution of the suit on 10-11-1953, the plaintiff was the Inspector-General of Registration for the State of Travancore-Cochin and he now holds that office in the new State of Kerala. He entered the service of the Travancore State on 15-2-1937 as a Sub-Registrar and his date of birth as then entered in the Service Book was 30-10-1082 M. E. The said entry was made accepting the proof furnished by him as to his date of birth in the form of a certified extract from the Birth Register of the Edapally Vadakkumbhagam Paukuty Cutchery. The Government Order in that behalf, dated 10th September, 1937, was made after an enquiry conducted by the officers of the Registration Department, as some complaints happe...
State of Kerala Vs. Kunhikannan Nair
Court: Kerala
Decided on: Jul-02-1957
Reported in: AIR1958Ker103; 1958CriLJ518
Raman Nayar, J. 1. The State appeals against the acquittal of the accused in this case of a charge under Section 408, I. P. C.2. The following facts are proved and are undisputed. The accused was a Director and the paid Secretary of the . Balussery Producers' cum Consumers' Co-operative Society, and Pw. 4 was its President. Under bye-law 19 (a) of the bye-laws of the Society, a copy of which has been marked as Ext. P-ll, the president is its ex-offi-cio treasurer and is in charge of all its properties. Under bye-law 19 (b), the Secretary is its executive head and carries on the administration subject to the general control of the President.For the purpose of carrying on the day to day administration, the Secretary is, from time to time, entrusted with the funds of the Society to the extent necessary, and bye-law 20 (b) lays down that the Secretary shall not keep more than Rs. 5000 at a time including the amounts with the procurement or other agents. (Even so, the evidence for the prose...
Woodbriar Estate Ltd. Vs. Catholic Bank of India Ltd.
Court: Kerala
Decided on: Jul-02-1957
Reported in: AIR1958Ker316
Vaidialingam, J. 1. These two appeals arise out of the judgment of the learned Temporary Additional District Judge, Kottayam, in O. S. No. 146 of 1124. A. S. No. 367of 1954 is by the plaintiff against the disallowance of costs by the learned District Judge. A. S. No. 437 of 1954 is by the defendant, the Catholic Bank of India Ltd., against the main decree passed by the District Judge.2. O. S. No. 146 of 1124 was filed by Woodbriar Estate Ltd., against the Catholic Bank of India Ltd., for recovery of two sums of Rs. 10,000 and Rs. 5,000 together with interest thereon. Plaintiff's case was that in pursuance of contracts entered into with Mody and Company, Bombay, the latter company, as purchasers, had sent two demand drafts on 16-3-1946 and 20-3-1946, payable on certain banks at Kottayam. Krishnan-kutty and Veloo (India) Ltd., were the managing agents for the plaintiff company and one Mr. Veloo was the Managing Director of the Managing Agents Co.The two drafts for Rs. 10,000 and Rs. 5,00...
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