Kerala Court December 1958 Judgments
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N. Damodaran Nair and anr. Vs. State
Court: Kerala
Decided on: Dec-23-1958
Reported in: AIR1960Ker29; 1960CriLJ75
Koshi, C.J. 1. Accused 1 and accused 2 in Sessions Case No. 2 of 1958 on the file of the Kottayam Sessions Court are the appellants in this Criminal Appeal. They are husband and wife, accused one being the husband and accused 2, the wife. Hereafter in this judgment they will be referred to as accused 1 and accused 2. Accused 1 stands convicted by the learned Sessions Judge under Sections 467, 468 and 419 of the Penal Code read with Sec, 34 and also under Sections 465 and 471, Penal Code. He had been sentenced to varying terms of imprisonment for each of these offences, but all the sentences are to tun concurrently and the maximum sentence passed against him is rigorous imprisonment for 3 years. Accused 2 stands convicted under Sections 467, 468 and 419 Penal Code. Separate sentences have been passed with respect to each offence, but all the sentences are to run concurrently and as in the case of accused 1, the maximum sentence is rigorous imprisonment for 3 years. Another person was al...
Pappan Narayanan Vs. Kerala State
Court: Kerala
Decided on: Dec-23-1958
Reported in: AIR1959Ker354; 1959CriLJ1324
Raman Nayar, J.1. The appellant accused, a man of 28, has been convicted of the murder of his wife, aged 25, and the attempted murder of his wife's first cousin, who has been examined as P. W. 1 in' the case. He has been sentenced to imprisonment for life for the former offence and to rigorous imprisonment for seven years for the latter, the sentences to run concurrently.2. About three months before the occurrence, which took place on the night of the 28th November 1957, the deceased quarrelled with the accused and went to live in the house of P. W. 1, about six miles away. At the instance of the accused and his father, a panchayat was held in respect of this matter on 28-11-1957 by P. W. 5, the President of the local Panchayat. No agreement was however reached since the deceased was un-willing to go back to her husband and her uncle.P. W. 6, who had given her in marriage (her parents being dead) declined to pay the accused his marriage expenses as suggested by P, W. 5. The evidence of...
Raman Konderan Vs. Ayyappan Panchali
Court: Kerala
Decided on: Dec-23-1958
Reported in: AIR1959Ker396
Varadaraja Iyengar, J.1. This C.M. Appeal arises out of an order passed by the court below dismissing a petition filed by the appellant under Section 25 of the Guardians and Wards Act.2. The petitioner is the father and the respondent is the mother of the two minor boys aged 8 and 6 respectively who are the subject of the petition. After six years of married life, in or about November, 1953 the parents had separated and the boys had from that time onwards been in the custody of the mother. It was the appellant's case that his father-in-law took away the wife and children without his consent or knowledge. The respondent's explanation on the other hand which the court below accepted was that she was suffering from a very bad tooth-ache and the appellant took her and the children from the marital home to her father's house where he stayed three or four days and then left but not to return.On 9-11-1956 the appellant took a second wife , in marriage and this led to a criminal complaint by t...
Savithri Vs. Vasudevan Nambudiri
Court: Kerala
Decided on: Dec-23-1958
Reported in: AIR1959Ker387
Varadaraja Iyengar, J.1. This C. M. Appeal is by the defendants 6 to 8 against an order of the court below refusing their application to set aside the preliminary decree for partition passed ex parte as against them.2. The suit was for partition among the members of a Nambudiri Illom comprising the plaintiffs 1 and 2 and the defendants 1 to 9 of which the 1st defendant was the karnavan. The 4th defendant is the wife of the 1st plaintiff. The 5th defendant is the wife of the 2nd defendant and defendants 3 to 9 are their children. The suit was laid on 20-9-1950 for partition by metes and bounds of the 2/11 share of the plaintiffs 1 and 2. The 1st defendant filed written statement admitting the plaintiffs' claim and agreeing to the division.The contentions of the other defendants though raised separately by the defendants 2 and 3 on the one hand and defendants 5 to 9 on the other were more or less the same, that is to say in denial of the 2nd plaintiff's share because she had been married...
New Kerala Bus Transport Vs. Regional Transport Authority, Cannanore a ...
Court: Kerala
Decided on: Dec-23-1958
Reported in: AIR1959Ker398
ORDERT.K. Joseph, J.1. This is a petition under Article 220 of the Constitution for the issue of a writ of certiorari or other appropriate writ or order quashing the order Ext. P. 1 dated 29-9-1958 of the 1st respondent, the Regional Transport Authority, Cannanore, granting temporary permits to Respondents 2 and 3.2. The petitioner's case is that the 1st respondent has called for applications for a pucca permit for a stage carriage along the Cannanore-Mambaram via Chala route covering a distance of 11 miles. After hearing all the applicants a permit was granted to one T.T. Narayanan by order dated 31-10-1957. The petitioner preferred an appeal from the said order to the State Transport Appellate Tribunal, Trichur and the same is now pending disposal. On the application of the petitioner the Appellate Tribunal stayed the operation of the order granting permit to T.T. Narayanan.The 1st respondent then received applications from respondents 2 and 3 for temporary permits on the same route ...
The India Nut Company Ltd., Quilon Vs. the Commissioner of Income-tax, ...
Court: Kerala
Decided on: Dec-19-1958
Reported in: AIR1959Ker298; [1960]39ITR234(Ker)
C.A. Vaidialingam, J.1. In pursuance of the directions contained in the order D/- 17-3-1953 of the Travancore-Cochin High Court, in Income-tax Reference No. 1/1125, the Income-tax Appellate Tribunal, Madras Bench A has referred the following two questions for decision by this Court:'(1) What is the legal implication of the term Obsolescence,' whether the term when applied to machinery will also include all cases of unfitness arising from whatever cause whether it is due to total destruction or supersession by new invention?''(2) Whether the transaction relating to the sale of shares is one involving revenue profit or capital appreciation, especially in the absence of a provision in the Memorandum of Association of the applicant to carry on trading in buying and selling of shares?'2. The Assesses, The India Nut Company Ltd., Quilon (in liquidation) was a public limited company incorporated in 1937 for carrying on business in cashewnuts and extraction of oil from cashewnut and cashew she...
Abdul Kadir Vs. Noor Mohammed Sait and ors.
Court: Kerala
Decided on: Dec-17-1958
Reported in: AIR1959Ker400
1. This second appeal is by the defendant-tenant in a suit for recovery of land on the basis of a Coolicharth, which has been decreed concurrently by both the Courts below and the only two questions are : (1) whether the Coolicharth is not admissible in evidence for want of registration and (2) whether the plaintiff-landlord is not entitled to recover enhanced rent on the basis o an oral agreement between the parties subsequent to Coolicharth.2. The Coolicharth in question is Ext. A dated 5-7-1120. It was executed by the defendant in favour of the plaintiff and provided for payment of Rs. 120 annually at the rate of Rs. 10 per mensem towards rent for the site purposes. The payment of an advance of three months' rent amounting to Rs. 30 was then received. The defendant finally undertook that on demand at any time he would dismantle the Ghappura erected on the site by his predecessor and give vacant possession.The question of non-admissibility of Ext. A in evidence was raised by the defe...
Ramakrishna Panicker Vs. State of Kerala
Court: Kerala
Decided on: Dec-17-1958
Reported in: 1959CriLJ1331
Koshi, C.J.1. This Criminal Appeal arises out of the judgment and order of the learned Additional Sessions Judge of Kottayam in Sessions Case No. 87 of (1957 on the file of the Kottayam Sessions Court. There were 'two accused persons in the case. Accused 1 stands convicted under Section 304(2) and under Section 323, I. P. C. He has been sentenced to undergo rigorous imprisonment for 4 years for the first mentioned offence and like imprisonment for 6 months for the other. The two sentences are however 'to run concurrently.'Accused 2, who stood charged with abetment of the offence under Section 304 (21 alleged to have been committed by accused 1 has been acquitted of that charge, but he has been convicted on a further charge under Section 323, I. P. C. for which also he was tried. For that offence he has been sentenced to undergo rigorous imprisonment for 6 months. Accused 1 and accused 2 have preferred this joint appeal against their convictions and sentences.2. On the date of the occur...
Mary Ninan Vs. Official Receiver Kottayam District Court
Court: Kerala
Decided on: Dec-17-1958
Reported in: AIR1959Ker380
N. Varadaraja Iyengar, J. 1. This appeal arises out of an order passed by the court below in its insolvency jurisdiction avoiding at the instance of the Respondent-Official Receiver, a sale deed executed by the insolvent to the appellant's mother as amounting to a voluntary transfer. 2. The Insolvent T.P. Cherian was a retired Inspector of Schools and was adjudged as such on his own petition dated 30-12-1117. He was then indebted to the extent o about Rs. 2000/- the principal debt being a co-operative award for aboutRs. 1450. It was after this award had been passed that he executed Ext. A sale herein, in favour of Annamma, the wife of his younger brother Tharian on 5-5-1116. The sale was again of the only property of the insolvent left with him at the time, viz., a 40 cent vacant plot lying along with a 52 cents plot and building belonging to Phillippos-another brother of the insolvent; on the side of the K. K. Road within one mile of the Municipal limits of Kottayam town. These two pl...
Patti Vs. Kunhi Raman Nair and ors.
Court: Kerala
Decided on: Dec-17-1958
Reported in: AIR1959Ker389
Varadaraja Iyengar, J.1. This second appeal is by 19th defendant and arises out of a suit for specific performance.2. On 134-1950 the defendants 1 to 18 acting through the majors among them, executed Ext. Al agreement for sale to the plaintiffs covenanting to sell 20/27 shares in the A schedule property. These 20/27 shares were alleged to belong to the defendants 1 to 18 and 2 other members Raman and Raghavan of their two thavazhis. However by subsequent sale deed dated 30-5-1950 defendants I and 8 conveyed their shares to the 19th defendant and similarly the defendants 2 to 7 and 9 to 18 acting by the majors among them conveyed their shares to the 20th defendant under Ext. B7 sale deed dated 1-6-1950.The plaintiffs therefore filed this suit for specific performance soon later on 1-12-50. The courts below concurrently found against the bona fides of Exts. Bl and B7 but nevertheless they disallowed specific performance to the plaintiffs and while the trial court dismissed the suit in to...
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