Kerala Court September 1957 Judgments
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Ouseph Eapan and ors. Vs. Joseph Abraham and ors.
Court: Kerala
Decided on: Sep-17-1957
Reported in: AIR1958Ker250
P.T. Raman Nayar J.1. In our opinion, the court below was quite right in appointing a receiver in this case for the purpose of realising 4800 paras of paddy as 'pattern' admittedly due to the plaintiff and defendants 13 to 15 who are the owners of the land in question from the crops standing on the land, and it follows that this appeal by defendants 6 and 7 must be dismissed. The suit, instituted in 1953, is for partition and separate possession of the plaintiff's one-fourth share in the land and defendants 1 to 9 who were holding under alease of 1121 M. E. (1945-46) for a period of six years on an annual rental of 4800 paras of paddy were impleaded on the footing that they were in wrongful possession after the expiry of their lease.Arrears of 'pattom' and mesne profits, past & future, were also claimed from these defendants. That there were large arrears at the time of the institution of the suit and that since 1954 the practice has been to appoint a receiver to collect the 'pattern' ...
State of Kerala Vs. T.M. Muhammed Kunju Lebba
Court: Kerala
Decided on: Sep-17-1957
Reported in: AIR1958Ker249; 1958CriLJ1031
P.T. Raman Nayar, J. 1. In our opinion this appeal by the State against the acquittal of the accused in this case of an offence under Section 8 of the Travaneore-Co. Vehicles Taxation Act (Act XIV of 1950) has to be allowed. That the motor lorry, bearing the number T. C. C. 1064, of which the accused was the registered owner was driven along a public road in the State of Travancore-Cochin on 20-1-1954, and again on 28-1-1954 and that no tax had been paid in respect of it for the quarter in question, were proved and were, in fact, not disputed. That being so, the view taken by the learned Magistrate that no tax was payable because, on both occasions, the lorry was only being tested after repair, and was carrying no goods, seems to us clearly wrong. Under Section 3 of the Act, Government may by notification in the gazette direct that a tax be levied on every vehicle using any public road in the State, and, when it does so, shall, subject to certain maximal specify the rates at which the ...
Shri themmalapuram Bus Transport Ltd., Palghat Vs. the Regional Transp ...
Court: Kerala
Decided on: Sep-17-1957
Reported in: AIR1958Ker109
Raman Nayar, J.1. The appellant in this case, the Shri Themmalapuram Bus Transport Ltd., Palghat, is a bus operator. By his order, Ext. A dated 21-9-1955, the 1st respondent, the Regional Transport Officer, Kozhikode, suspended the permit of a bus belonging to the appellant company under Section 60 of the Motor Vehicles Act, 1939. The suspension was for a period of 45 days and the order said that it was with effect from 25th October, 1955. Against this order the company appealed, and, on 12-10-1955, before the date specified in Ext. A as the date on which the suspension was to commence, it obtained a stay from the appellate authority the Secretary, Central Road Traffic Board, Madras, whose successor, the Secretary, Central Road Traffic Board, Trivandrum, is the 2nd respondent to this appeal.On 27-12-1955 by his order Ext. B, the appellate authority dismissed the appeal without saying anything about the date on which the suspension was to commence, and on 2-2-1956 the company filed a pe...
David Vs. James Arthur Edwards and anr.
Court: Kerala
Decided on: Sep-16-1957
Reported in: AIR1958Ker82
Sankaran, J.1. Six out of nine defendants in O. S. No. 100/, 1956 on the file of the Subordinate Judge's Court at Trivandrum have filed this application praying that the suit may be transferred to the file of the District Judge's Court at Nagercoil. The main ground urged in support of that prayer is that another similar suit, O. S. No. 118/1956, is pending in the Nagercoil District Court against the same defendants and that therefore it will be more convenient for them to have both the suits tried, in the Nagercoil District Court. The plaintiffs in the two suits are different, though both the suits have been instituted by the two sets of plaintiffs in their representative capacity as per the sanctions obtained under Section 92 of the Code of Civil Procedure.The properties involved in the two suits and the' reliefs claimed are stated to be substantially the same. The properties are alleged to be trust properties endowed for the benefit of the Christian community belonging to a particula...
State of Kerala Vs. P.M. Joseph
Court: Kerala
Decided on: Sep-16-1957
Reported in: AIR1958Ker152; 1958CriLJ759; (1958)IILLJ223Ker
Raman Nayar, J.1. By the award, Ext. P-1 duly made under Section 15, and duly published on 30-3-1954, under Section 17 of the Industrial Disputes Act, 1947 (Act XIV of 1947), and which by reason of Section 17-A read with Section 18(3) became binding on him thirty days thereafter, the accused in this case was directed to pay three separate sums of money as compensation to three of his discharged employees within one month from the date of publication.The accused did not, and to this day has not, made the payments; but he filed an appeal under 3. 12 of, the Industrial Disputes (Appellate Tribunal) Act, (XLVIII of 1950), and, on 30-8-1955, the appellate tribunal made an order setting aside the award in favour of one of the employees and confirming the awards in favour of the remaining two.Meanwhile, on complaint made by the Assistant Labour Commissioner, Trivandrum, under the authority of the State Government granted under Section 34 of Act XIV of 1947, the accused was tried by the Sub-Di...
N. Subramonian Vs. S. Kalyanarama Iyer and ors.
Court: Kerala
Decided on: Sep-16-1957
Reported in: AIR1958Ker243
N. Vakadaraja Iyengar, J. 1. This appeal arises out of a suit based on a lost promissory note and filed against the legal representatives of the alleged executant, which has been decreed by the court below. The 3rd defendant who represents one-half the estate is the appellant.2. The 1st plaintiff Lekshmi Ammal who isthe payee under the disputed promissory note isthe widow of A. R. Subramonia Iyer the executant thereof. They had two sons, KalyanaramaIyer, the 2nd defendant since transposed as the2nd plaintiff and Narayana Iyer deceased, whowas the father of the 3rd defendant Subramonian,minor, and husband of the 4th defendant O. S.Lekshmi Ammal. Subramonia Iyer had retired asHead Clerk of the Magistrate's Court at Terintha-lamana and died on 26-8-1945. Some time before his death, i.e., on 4-3-1945 he made entries in his account books showing a borrowing of sum of Rs. 14,000/- under a promissory note of even date executed by Him in favour of the 1st plaintiff with provision for interest ...
Chinna Kunjukunju and ors. Vs. Kutty Neelakantan
Court: Kerala
Decided on: Sep-16-1957
Reported in: AIR1958Ker251
K.T. Koshi, C.J. 1. These three appeals have been placed before us for orders as to whether their proper venue is this Court, or the respective District Courts to which the courts which passed the judgments and decrees appealed against are subordinate. The question has arisen on account of the provision in Section 13 of the Kerala Civil Courts Act, 1957 (President's Act No. 1 of 1957) that 'where the amount or value of the subject matter of the suit does not exceed seven thousand and five hundred Rupees, from the original decrees and orders of a Subordinate Judge's Court shall, when such appeals are allowed by law, lie to the District Court'.The Kerala Civil Courts Act repealed the Madras Civil Courts Act, 1873 (Madras Act 111 of 1873), as in force in the Malabar District referred to in Sub-Section (2) of Section 5 of the States Reorganisation Act, 1956 (XXXVII of 1956), and the Travancore-Cochin Civil Courts Act, 1951 (XXII of 1951). The Kerala Civil Courts Act was enacted by the Pres...
Vasappan Vs. Sarada
Court: Kerala
Decided on: Sep-13-1957
Reported in: AIR1958Ker39
Sankaran, J.1. This revision petition raises a question of jurisdiction. The parties to this petition are members of the Ezhava community of the State of Travancore which now forms part of Kerala State. The law of marriage governing members of this community is regulated by the provisions of the Travancore Ezhava Act, Act 3 of 1100 M. E. S. 7 of that Act prescribes the different modes in which a marriage could be dissolved. One such mode is by a formal order of dissolution as contemplated by Section 8. That section runs as follows:''A husband or wife may present a petition for dissolution of the marriage under Section 7, Clause (3), in the Court of the District Munsiff within the local limits of whose jurisdiction the respondent resides, carries on business, or personally works for gain, or if the respondent resides, carries on business or personally works for gain in any place outside Travancore, in the Court of the District Munsiff within whose jurisdiction the petitioner resides, an...
M. O. Paily Vs. Addl. Income-tax Officer, I Circle, Trichur, and Anoth ...
Court: Kerala
Decided on: Sep-13-1957
Reported in: [1959]35ITR488(Ker)
M. S. MENON, J. - The Petitioner is a member of Messrs. Maveli Lazar Ouseph & Sons, Irinjalakuda, an association of persons, which was directed to pay by way of income-tax a sum of Rs. 17,769-4-0 on or before June 30, 1955, in respect of the assessment year 1953-54 (accounting period : 1124 M. E.). The assessment was by the first respondent, the First Additional Income-tax Officer, First Circle, Trichur, and the assessment order is exhibit P dated May 23, 1955. 2. The Petitioner appealed against the assessment for and on behalf of the said association of persons to the Appellate Assistant Commissioner of Income-tax, Trivandrum. Exhibit P1 is the memorandum of appeal and exhibit P2, the order of the Appellate Assistant Commissioner dated October 23, 1956. The concluding portion of the order reads as follows : 'In the absence of a definite finding on the various contentions raised by the appellants, I have no alternative but to set aside the assessment and direct the Income-tax Officer t...
Chathu Madia Nair and anr. Vs. the Commissioner, Hindu Religious and C ...
Court: Kerala
Decided on: Sep-11-1957
Reported in: AIR1958Ker57
Varadaraja Iyengar, J. 1. This appeal is against the judgment and decree in O.S. 3 of 1950 on the file of the District Court of South Canara whereby a scheme of administration framed by the Hindu Religious Endowment Board in respect of the Ajanur Madiyan Koolam Kshetrapala Devaswom has been found to be unquestionable at the instance of the plaintiffs, hereditary Oorallers, of the Devaswom.2. The plaintiffs relied mainly on two grounds for opposing the scheme -- firstly, that the management of the affairs of the temple was not inefficient and unsatisfactory as alleged and the framing of the scheme was therefore totally uncalled for, and secondly, that the scheme as framed had too drastically cut down their powers as the hereditary trustees so as to reduce them to mere non-entities and the scheme stood in need of rectification accordingly. Both these grounds were repelled by the Court below in the judgment under appeal and have been reiterated before us. We may say at once that there is ...
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