Kerala Court December 1958 Judgments
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U.M. Usman Vs. Mayor Simon
Court: Kerala
Decided on: Dec-15-1958
Reported in: AIR1959Ker218
ORDERG. Kumara Pillai, J. 1. This is a petition for revising an order of the District Munsiff of Parur allowing an application to file a suit in forma pauperis. The counter Petitioner before this court is the person who seeks to file the suit in forma pauperis. He is a member of the congregation of a Jewish Synagogue at Parur, and the suit is for setting aside a sale deed executed by the trustee or administrator of the Synagogue in favour of the revision petitioner for one of the properties belonging to the Synagogue and recovery of possession of the said property for and on behalf of the Synagogue. According to the findings of the lower court, the counter petitioner is a pauper and is also not in possession c any assets belonging to the Synagogue which would enable him to pay the necessary court-fee,2. The only ground on which the revision petitioner impugns the order of the lower court before ma is that, as the Synagogue is in possession of proprieties worth two or three lakhs of rup...
The Standard Vacuum Oil Co., Ernakulam Terminal, Ernakulam Vs. the Ind ...
Court: Kerala
Decided on: Dec-09-1958
Reported in: AIR1959Ker393
ORDERC.A. Vaidialingam, J.1. A request is made on behalf of the second respondent for some more time to file a counter-affidavit. It is found that notice has been served on them as early as 12-12-1957. I further find that there is a special order of my learned brother, Varadaraja Iyengar J., directing this O.P. to be posted today. Hence the request for adjournment on this ground is refused.2. This is an application under Article 226 of the Constitution for calling for the records connected with the award of the Industrial Tribunal, No. II, Ernakulam in Industrial Dispute No. 37/56 dated 23-10-1957 and published in the Kerala Gazette on 13-11-1957 and to quash the same. The application also prays for other reliefs regarding the expunging of certain observations contained in the said award.3. The short facts leading up to this application as disclosed by the affidavit filed in support of the application are as follows: The petitioner company operates a Can Factory for manufacture of cans...
Repayi Jose Vs. Chacko Lonappan and anr.
Court: Kerala
Decided on: Dec-09-1958
Reported in: AIR1959Ker395
Joseph, J.1. This second appeal arises from an order in execution of a decree passed on a compromise. The plaintiff's suit was for a permanent injunction restraining the defendants from entering into possession or a paddy field. The parties settled their differences during the pendency of the suit and a compromise petition was filed on the basis of which the decree was passed. The decree provided that the defendants had no manner of right or possession in the property, that they would be allowed to raise the punja crops of 1132 as licensees and that in consideration of the same, they were to pay 860 paras of paddy to the plaintiff on or before 10th Edavam 1132 (23-5-1957).It was also provided that after taking the harvest of 1132 defendants 1 and 2 were not to enter the land. The decree was passed on 11-12-1950. The decree-holder applied for execution on 23-12-1957 stating that the decree was one for permanent injunction restraining the judgment-debtors from entering into possession of...
S. Veeraiah Reddiar Vs. Commissioner of Income-tax, Travancore-cochin, ...
Court: Kerala
Decided on: Dec-03-1958
Reported in: AIR1959Ker220; [1960]38ITR152(Ker)
G. 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 pursuance of the order of the High Court of Travancore-Cochin in O. P. No. 113 of 1955. The assessee, S. Veeriah Reddiar, is a dealer in piecegoods on a large scale, both wholesale and retail, having his head office at Alleppey and branches at Quilon, Kottayam, Changanassery, Kayamkulam and Trivandrum. He has also a purchasing branch in Bombay.2. For the assessment year 1124 M. E. (accounting period, year ending 31st Karkatakam 1123) the assessee submitted a return to the Income-tax Officer, Alleppey, showing a net loss of Rs. 17,109. Holding that the percentage of profits as per the assessee's books of accounts was too low and the books did not disclose his real profits the Income-tax Officer rejected both the accounts of the assessee and his return and assessed him on an income of Rs. 1,48,886.In making this assessment the Income...
Vasudevan Vs. R. Viswalakshmi
Court: Kerala
Decided on: Dec-02-1958
Reported in: AIR1959Ker403
1. This appeal arises out of an unfortunate dispute between a husband and wife regarding the custody of their minor daughter by name Prabala Devi.2. It is clear from the evidence that the husband the appellant is charging the wife with disobedience due to the encouragement given to her by her father and the respondent-wife, in turn, is alleging her inability to live with the husband, because of the ill treatment of the husband's mother. The parties have not separated and still continue to be husband and wife. Therefore, we will dispose of this application strictly on the legal aspects arising out of the decision by the learned District Judge.3. The application by the wife was filed under sections 7 and 25 of the Guardians and Wards Act -- Central Act VIII of 1890. The substance of the application is as follows:The petitioner therein is the mother and the respondent therein is the father of the minor girl, Prabala Devi' aged about 2 1/2 years, born to them on 26-2-1955. The husband did ...
Palai Central Bank Ltd. Vs. C. Ramaswami Nadar
Court: Kerala
Decided on: Dec-01-1958
Reported in: AIR1959Ker194
Koshi, C.J.1. These two appeals arise from an order, dated 17-2-1957, made by the learned District Judge of Trivaudrum in the proceedings before him to execute the decree of the Nagercoil District Court in O. S. No. 66 of 1953. The Nagercoil District Court had transferred the decree to the Trivandrum District Court for execution and when the decree-holders, the Palai Central Bank Ltd., applied for execution, judgment debtor No. 1, (defendant) raised objections thereto on two grounds. The learned District Judge repelled one objection and accepted the other. Hence these two appeals, one by the decree holders Bank and the other by judgment-debtor No. 1.2. For a proper appreciation of the objections raised to the execution it is necessary to state a few facts. The suit O. S. No. 66 of 1953, was on the basis of an overdraft security bond (Ex. A in the suit) which judgment-debtor No. 1 had executed in favour of the decree-holder Bank and that agreement provided for advances to be made to a l...
Travancore Ogale Glass Manufacturing Company, Ltd. Vs. their Workmen a ...
Court: Kerala
Decided on: Dec-01-1958
Reported in: (1959)IILLJ47Ker
ORDERN. Varadaraja Ayyangar, J.1. These four petitions are under Article 226 of the Constitution. Of these, O.P. Nos. 509 and 510 are by the Travancore Ogale Glass ., Alwaye. Their workmen (daily rated) represented by the Ogale Glass Factory Thozhilali Union is the petitioner in O.P. No. 6. Their monthly paid employees represented by the secretary, Ogale Glass Factory Staff Association, is the petitioner in O.P. No. 7. Original Petitions Nos. 509 and 6 are directed against the award of the Industrial Tribunal No. II, Ernakulam, in I.D. No. 85 of 1956 and published in the Kerala Gazette, dated 5 November 1957. That award dealt with the following four of the five matters referred to the tribunal :-1. Should the present wage rates of the workers be revised; and if so, to what extent?2. Should the dearness allowance be ' enhanced and if so, to what extent ?3. To what quantum of bonus are the workmen entitled for the year 1954-55 ? * * *5. Are the workmen entitled to any production bonus on...
Chandi Vs. State of Travancore
Court: Kerala
Decided on: Dec-01-1958
Reported in: (1959)IILLJ507Ker
N.V. Ayyangar, J.1. This appeal arises out of the judgment and decree in O.S. No. 88 of 1951 on the file of the District Court of Trivandrum. The appellant is the plaintiff.2. The plaintiff Mr. P.C. Chandy joined service under the former Government of Travancore, as a clerk in the Account Office on 10 March 1095. For the preparation of his service book he gave his date of birth as 1 April 1896 corresponding to 21 August 1971 on thee basis of this certificate of baptism. His age, it would appear, had been given as ten years at the time of his admission on 19 July 1905 in the Seminary E.H.S. School, Thiruvella. On his admission in the C.M.S. College, Kottayam, his date of birth had been taken to be 19 July 1895, apparently calculating it as just ten years previous to his admission in the seminary school. His date of birth in the Maharaja's College, Trivandrum, where he later joined was however put down as 17 July 1895, it is not clear on what basis. Anyhow there had crept in a discrepanc...
Sundareswaran Vs. Industrial Tribunal and anr.
Court: Kerala
Decided on: Dec-01-1958
Reported in: (1959)ILLJ510Ker
ORDERN. Varadaraja Ayyangar, J.1. This is a petition under Article 226 of the Constitution by Mr. N. Sundareswaran, proprietor, N. S. Tin Factory, Quailing. The complaint is directed against an award dated 11 September 1957 and published in the Kerala Gazette dated 24 Setember 1957, passed by the respondent 1, Industrial Tribunal, Trivandrum, in dispute connected with the retrenchment by him of certainworkers of his tin factory represented by the respondent 2, the Tin Factory Workers' Union.2. The tin factory is engaged in the business of making tin cans used for packing cashews that are exported from India. There are three different sections in the factory, viz., the tinkering section, the machine section and the sundry section. Each section has its category of workers. The tinkering section which is concerned with tin making has 28 men called tinkers. On 4 June 1955 the petitioner put up notice retrenching twelve tinkers. Six of them accepted compensation and left service. The rest a...
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