Kerala Court October 1958 Judgments
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Helen Rubber Industries Ltd., Kottayam Vs. Commissioner of Income-tax, ...
Court: Kerala
Decided on: Oct-31-1958
Reported in: AIR1959Ker279; [1959]36ITR544(Ker)
Kumara Pillai, J.1. This is a reference made by the Madras Bench of the Income-tax Appellate Tribunal under Section 66(2) of the Indian Income-tax Act in compliance with the direction of the High Court of Travancore-Cochin State in the order in Original Petition No. 194 of 1955.2. The assesses, Helen Rubber Industries Limited is a company incorporated in the former State of Travancore and having its registered office at Kottayam. It had a factory for the manufacture of rubber goods at Kottayam (not at Kanjirappally as wrongly stated in the order of reference by the Income-tax Appellate Tribunal). In the Malabar year 1116 the assessee-company (referred to hereinafter as the company) leased the aforesaid factory for a period of 15 years to certain persons (referred to hereinafter as lessees) by a registered instrument. Clauses 14 and 16 of the lease-deed provide for payment of demages in certain circumstances by the lessees to the company. They read:'14. The lessees further covenant and ...
The Star Tile Works Ltd., Kallai and ors. Vs. N. Govindan and ors.
Court: Kerala
Decided on: Oct-29-1958
Reported in: AIR1959Ker254
Vaidialingam, J.1. Defendants 1, 2, 4, 6 and 7 arc the appellants before us. The dispute relates to the proceedings of the annual general meeting of the first defendant company held on 22-7-1957.2. The plaintiff's case is briefly as follows: Plaintiffs are the share-holders of the first defendant company. The share capital of the first defendant company was Rs. 1,20,000 divided into 8000 shares of Rs. 15 each. The shares were all fully paid up. The main business of the company was manufacture and sale of different kinds of tiles.The defendants 2 to 7 are also some of the share-holders of the first defendant company and defendants 2 to 5 are also, stated to be the directors of whom defendants 2 and 3 claim to be the managing directors. Defendants 4 and 5 are stated to have been co-opted as directors by the Board of Directors in 1956 and their term would expire on the date of the next annual general meeting,3. One Naracasseri Krishnan owned 4536 shares in the first defendant company. The...
Sekhara Menon Vs. Executive 1st Class Magistrate, Ottapalam and ors.
Court: Kerala
Decided on: Oct-27-1958
Reported in: AIR1959Ker275; 1959CriLJ1082
Joseph, J.1. The dispute which has given rise to this Original Petition and the Criminal Revision Petition is one relating to possession of the Thirumandham kunnu Bhagavathi Temple in Angadipurom desom and its properties, moveable and immoveable. The hereditary trusteeship of this temple vested in the Valia Raja of Walluvanad. Sekhara Menon who is the petitioner in the Original Petition and Criminal Revision Petition was originally a Kariasthan of the Valia Raja who died on 31-1-1958.The 1st respondent in the Criminal Revision Petition who is the 2nd Respondent in the Original Petition, is the next seniormost member of the Kovilakam and the 2nd respondent in the Criminal Revision Petition who is the 3rd respondent in the Original Petition is the son of the late Valia Raja. After the death of the Valia Raja on 31-1-1958 the petitioner claimed to be in possession of the temple and its properties under a registered agreement Exit. A3, alleged to have been executed by the Valia Raja on 30-...
Souriyar Luka Vs. Kerala State Electricity Board
Court: Kerala
Decided on: Oct-27-1958
Reported in: AIR1959Ker199
T.K. Joseph, J. 1. This is an appeal from an order dismissing aa original petition filed by the appellant under Article 226 of the Constitution.2. The Palai Mills Ltd., owed money to the 1st Respondent the Kerala Electricity Board, as cost of power supplied, sales tax, etc., and the building and machinery of the company were attached and sold under the Revenue Recovery Act for realization of the same. The petitioner purchased the building and machinery in revenue sale for a sum of Rs. 565 and after confirmation of the sale he applied for the supply of electricity for running the mill in the building. This was refused on the ground that the Palai Mills Ltd., still owed a sum of Rs. 579- nP. 24 as arrears and interest and that the said sum also had to be paid before the prayer could be granted. This was communicated to the petitioner by the Chief Engineer's letter Ext. P1 dated 20-12-1957 which reads as follows:'With reference to the petition cited above. Sri Souriar Luka is informed tha...
In Re: Peethambaran
Court: Kerala
Decided on: Oct-24-1958
Reported in: AIR1959Ker165; 1959CriLJ596
Koshi, C.J. 1. In this case the accused a dear and dumb man, has been convicted of murder under Section 302, Penal Code by the learned Sessions Judge, Trivandrum and the proceedings have been submitted to this Court under Section 341. Criminal P. C. S. 341, Criminal P. C. reads as follows :'If the accused, though not insane, cannot he made to understand the proceedings, the Court may proceed with the inquiry or trial; and in the case of a Court other than a High Court, if such inquiry results, in a commitment, or if such trial results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.'In committing the accused to the Court of Session, the learned First Class Magistrate, Varkala, who conducted the preliminary enquiry forwarded the proceedings to this Court with a report of the circumstances of the case as enjoined by the provision of law quoted above. Pur...
Gopalan Achari Vs. Chief Secretary to Govt., Trivandrum
Court: Kerala
Decided on: Oct-24-1958
Reported in: AIR1959Ker201; (1959)ILLJ144Ker
1. The Petitioner was a Tahsildar in the service of the State. Four charges were framed against him. The last of the four charges was: 'That he has a very bad reputation as Tahsildar as he was receiving petty amounts from persons who approached him for any service.' 2. The Enquiry Commissioner found him guilty of charge No. 4. He said: 'On a consideration of the evidence on record, I find the officer (counter-petitioner) not guilty of charges 1 to 3 and guilty of charge 4. I would recommend that his promotion may be with-held for a period of six months and that his case for promotion need be considered by Government only after receipt of a special report about. the work and reputation of this officer from the Board of Revenue after the period of six months.' 3. Ext. P1 is the report of the Enquiry Commissioner. After considering the report the Government ordered as fallows: 'The Government accepted the finding of the Enquiry Commissioner that Sri Gopalan Achari is guilty of charge No....
M.G. Koshi Vs. A.D. Cotton Mills Ltd.
Court: Kerala
Decided on: Oct-23-1958
Reported in: AIR1959Ker332; (1959)IILLJ52Ker
ORDER1. This revision arises out of a petition under Ss. 15 and 16 of the Payment of Wages Act 4 of 1936 (Indian) hereinafter called the Act, filed by the petitioner, President of the Quilon Cotton Mills Workers' Union, on behalf of 112 employees of the 1st respondents Messrs. A.D. Cotton Mills Ltd., Quilon. These parties will hereafter be referred to as Workers and employers respectively. During the course of this Revision, the 1st respondents assigned all their rights in the mills to Messrs Parvathi Mills (Private) Ltd. and hence their impleading as additional 2nd respondents.2. In Industrial Dispute, I. D. I of 1124 between the workers and the employers, the Industrial Tribunal, Trivandrum made an award granting dearness allowance in favour of the workers at the rate of 2 As-4 Ps. per point above 100 points on the cost of living index figures of the Madras State. This award was modified on 17-5-1951 by the Appellate Tribunal of India on Appeals 39 and 49 of 1950 taken by both the pa...
State Vs. Raghavan Pillai and anr.
Court: Kerala
Decided on: Oct-17-1958
Reported in: AIR1959Ker248; 1959CriLJ1074
Raman Nayar, J.1. This appeal and Revision Petition arise out of C. C. No. 1095 of 1957 on the file of the Sub-Magistrate of Quilon. The two accused persons, the first the owner and the second the driver, of Motor Lorry No. K. L. Q. 1885 were charged under Section 123(1) read with Section 42(1} of the Motor Vehicles Act (4 ot 1939) the allegation being that, on 21-9-1957 the 2nd accused drove 'the lorry along a public road which was not among the routes authorised by its permit. When questioned under Section 242 Cr. P. C. both the accused admitted the offence and had no cause toshow against conviction. They were accordingly convicted on their own plea, and the offence being admittedly not their first offence under the section, the learned Magistrate sentenced each of them to a fine of Rs. 500/- which, in the terms of the proviso to the section, is, in the absence of special reasons, the minimum sentence.Both the accused appealed and, in appeal, the District Magistrate of Quilon confirm...
Mathai Thommen Vs. State
Court: Kerala
Decided on: Oct-17-1958
Reported in: AIR1959Ker241; 1959CriLJ1069
Kumara Pillai, J. 1. The accused in Sessions Case No. 11 of 1958 of the Sessions Court of Ernakulam has filed this appeal against his conviction for the offence of murder punishable under Section 302, Indian Penal Code, and the sentence of death therefor passed by the learned Sessions Judge. The referred trial is the reference made by the Sessions Judge for confirmation of the sentence.2. The charge against the accused was that, at about 6 P.M. on the 30th March 1958, he stabbed his younger brother, Varghesc, with a penknife on the right side of his neck near the region the cheek joins the neck and thereby casued his death.3. Pw. 7 is the accused's father. It would appear from the evidence in the case that besides the accused Pw. 7 had at least three sons. In order of seniority, Pw. 7's sons were one Ouseph, the accused, the deceased Varghese, and Pw. 4. Pw. 7 had some properties, and there were quarrels between the accused on the one hand and Pw. 7 andVarghese on the other on account ...
State Vs. Pokker and ors.
Court: Kerala
Decided on: Oct-15-1958
Reported in: AIR1959Ker53; 1959CriLJ194
K.T. Koshi, C.J.1. This is a reference made to this Court by the learned Sessions Judge, Tellicherry. The circumstances under which the reference happened to be made are as follows:2. One Moideen Beary filed a complaint before the Judicial Sub-Magistrate, Kasaragod against the respondents before us for alleged commission of offences punishable under Sections 324 and 447, Indian Penal Code. The learned Sub-Magistrate examined the complainant (S. 200, Cr. P. C.) and registered a case under the said sections against seven of the accused persons and declined to proceed against the remaining three. Later, before the enquiry started it was found that the occurrence that gave rise to the complaint had taken place-beyond the jurisdiction of the Kasaragod Sub-Magistrate.The place of occurrence lay within the jurisdiction of the Sub-Magistrate, Hosdrug. Being appraised of these facts the Sub-Divisional Magistrate, Tellicherry withdrew the case from the file of the Sub-Magistrate, Kasaragod and t...
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