Kerala Court November 1958 Judgments
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In Re: Chathukutty
Court: Kerala
Decided on: Nov-18-1958
Reported in: AIR1959Ker119; 1959CriLJ474
G. Kumara Pillai, J.1. This is a reference made by the District Magistrate (Judicial), Kozhikode, under section 438 of the Code of Criminal Procedure. The reference arises out of C. C. No. 1986 of 1957 on the file of the Sub-Magistrate's Court, Kozhikode. That was a case in which the charge against the accused was under section 224, Indian Penal Code, for escape from lawful custody after he was arrested by the Customs Officials on 4-11-1957. The escape, according to the prosecution, was on 5-11-1957. On 11-11-57 Shri V. Gopalakrishna Iyer, advocate, Kozhikode, acting as counsel for the accused, is said to have produced him before the Assistant Customs Collector Kozhikode. Shri Gapalakrishna Iyer subsequently moved an application for bail on behalf of the accused and also got him enlarged on bail.In the case also Shri Gopalakrishna Iyer filed a memo of appearance on behalf of the accused, but he was included in the list of prosecution witnesses for proving the fact that the he had produ...
John Vs. Sherthalai Municipality
Court: Kerala
Decided on: Nov-18-1958
Reported in: AIR1959Ker323; 1959CriLJ1180
ORDERKoshi, C.J. 1. The petitioner herein was prosecuted before the Court of the First Class Magistrate, Sherthallay by the Municipal Council of that town for non-payment of the profession tax assessed on him for the first half year of 1954-55. The prosecution was launched under Rules 31 (2) and 38 of Schedule II of Act XXIII of 1116 (The Travancore District Municipalities Act, 1116). The learned Magistrate found that the petitioner had wilfully omitted to pay the amount due by him and accordingly convicted and sentenced him to pay a fine of Rs. 6/- and in default to undergo simple imprisonment for 3 days. The tax due from him, namely, Rs. 6-2-0 was also ordered to be recovered. The petitioner then moved the learned District Magistrate of Alleppey in Criminal Revision Petition No, 4 of 1958 to make a reference to this Court about the legality of the conviction entered against him. The learned District Magistrate declined to make the reference and the petitioner therefore filed this rev...
Narayana Pillai [Indian Express Office, (Branch) Trivandrum] Vs. Indus ...
Court: Kerala
Decided on: Nov-17-1958
Reported in: (1959)IILLJ182Ker
ORDERN. Varadaraja Ayyangar, J.1. This is a petition under Article 226 of the Constitution. It arises out of an award, dated 19 August 1957 and passed by respondent 1, the Industrial Tribunal, Alleppey, in I.D. No. 44 of I956. The award concerns the alleged wrongful dismissal of P. Thankappan Pillai, peon cum distributor attached to the petitioner establishment, the Indian Express Office (Branch), Trivandrum, represented by Mr. C. Narayana Pillai. Thankappan Pillai was a member of respondent 2 union, the Newspaper Agents and Distributors Association, Trivandrum, and so the initiative had been taken by them in getting the dispute referred for adjudication by the tribunal. By the award filed as Ex. P, dated 19 August 1957 and published in the Kerala Gazette dated 3 September 1957, the tribunal found that the dismissal of Thankappan Pillai was not justified and granted him relief, by way of compensation in lump sum of Rs. 500 and also the admitted arrears of pay due to him amounting to Rs...
Govindan Kutty Nair Vs. C.R. Das
Court: Kerala
Decided on: Nov-14-1958
Reported in: AIR1959Ker160
M.S. Menon, J.1. The first defendant in O. S. No. 1 of 1958 of the District Court of Trivandrum is the petitioner before us. The prayers in the plaint are for a declaration 'that the election of the first defendant as Mayor to the City Corporation of Trivandrum for the year 1958-59 is invalid' and for a permanent injunction 'restraining the first defendant from functioning as Mayor during the period 1958-69'. It is common ground that the valuation of the suit for purposes of jurisdiction is Rs. 100 and that but for the provisions of the Section 62 of the Trivandrum City Municipal Act, Act IV of 1116, there can be no doubt that the plaint has to be returned for presentation before the Court of the District Munsiff of Trivandrum under Rule 10 of Order VII of the Code of Civil Procedure, 1908.2. Section 62 as amended by Act XVIII of 1952 reads as follows :'(1) Our Government may make rules regulating the procedure with regard to elections.(2) Without prejudice to the generality of Sub-sec...
Janardhanan Vs. Kuppandy
Court: Kerala
Decided on: Nov-12-1958
Reported in: AIR1959Ker215
M.S. Menon, J.1. The plaintiff in O. S. No. 316 of 1951 of the Court of the District Munsiff of Palghat is the appellant in this second appeal. The suit was for redemption and recovery of possession of the items of property specified in the plaint and for consequential reliefs. The trial Court said:'In the result, the suit is decreed for redemption and possession against the defendants with futurepurappad at the rate of 110 paras of paddy a year on payment of Rs. 222/13/9 as mortgage amount and Rs. 194-2-6 as value of improvements. Set-off allowed. Both parties to bear their costs.'2. The defendants appealed to the Court of the Subordinate Judge of South Malabar at Palghat. The Judge allowed the said appeal. A.S, No. 117 of 1054: .'In the result, the appeal is allowed, the decree of the lower court is modified and the plaintiff is given a decree for Rs; 449-11-8, the arrears of purappad claimed in the plaint, and costs of, suit. The suit for redemption and possession is dismissed with ...
N.N. Ananthanarayana Iyer and ors. Vs. Agricultural Income Tax and Sal ...
Court: Kerala
Decided on: Nov-07-1958
Reported in: AIR1959Ker182
Varadaraja Iyengar, J.1. These nine Original Petitions arise out of nine separate assessments of the respective Petitioners for the financial year 1957-58 under the Travancore-Cochin Agricultural Income-tax Act, 22 of 1950 as amended by Act 8 of 1957. By virtue of the amendment, the principal Act had been extended on 6-8-1957 to the whole of Kerala including the former Malabar District but with effect from. 1-4-1957. The Income-tax Officers concerned required the various Petitioners to include in their returns their agricultural income derived from land situated in Malabar and received by them during their previous year, i.e. the year ending on 31-3-1957 or on any day anterior to it but within that year as the case may be.Now the former Malabar District was dis-integrated from the Madras State and became part of Kerala only as and from 1-11-1956. The income of the 'previous year' directed to be returned as above and sought to be made liable comprised therefore to major extent or in who...
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