Kerala Court April 1958 Judgments
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Venkappa Bhatta and ors. Vs. Gangadhara Bhatta and ors.
Court: Kerala
Decided on: Apr-11-1958
Reported in: AIR1959Ker112
Raman Nayar, J. 1. By Ext. B-39 dated 8-1-1935, the two plaintiffs, their since deceased father Subraya Bhatta, Subraya Bhatta's brother Shankernarayana Bhatta, and Shankernarayana Bhatta's sons and grandson, members of a then undivided Hindu joint family, usufructuarily mortgaged the properties described in schedules A1 and A2 to the plaint to the 1st defendant as the manager of his joint family for a sum of Rs. 11,000.Under the terms of the document, the mortgage was redeemable in the Vishu Sankramana of the year 1965 on payment of the sum of Rs. 11,000 and the value of improvements effected by the mortgagee. Three years later, under Ex. B-1 dated 9-3-1938, one branch of the mortgagor's family, namely, Shankernarayana Bhatta's Branch sold its half share in the equity of redemption to the 1st defendant, and out of the consideration of Rs. 6,700 a sum of Rs. 5,500 went in discharge of half the mortgage money due under Ext. B-39.By the partition deed, Ext. A-5 dated 25-2-1947, in the 1s...
Raghavan Unni Vs. Athar Rowther and ors.
Court: Kerala
Decided on: Apr-03-1958
Reported in: AIR1959Ker8
Kumara Pillai, J.1. This appeal raises the question of apportionment, between a landlord and his kanom tenants, of the compensation amount awarded in a Land Acquisition Case. The appeal is filed by the landlord, who was respondent 1 in the lower court, and the kanom tenants who were respondents 2 and 3 in that court have filed at memorandum of objections to the lower court's decree. Respondent 4 in the lower court was a mortgagee of respondents 2 and 3. The property acquired consisted of double crop wet lands, single crop wet lands, dry unoccupied lands, dry occupied lands, garden lands, and trees and tanks in them.The total amount awarded as compensation 19 stated in paragraph 1 of the judgment of the lower court to be Rs. 14,960-5-1. According to the statements in paragraphs 8 to 10 of the lower court's judgment, of this amount, Rs. 10,164 form the value of the land, Rs. 83-4-0 the value of the trees, and Rs. 3,188-6-5 the cost of the tajiks. The solatium is stated in paragraphs 8 an...
R. Gopinathan Nair Vs. Palode Panchayat and ors.
Court: Kerala
Decided on: Apr-03-1958
Reported in: AIR1959Ker43
T.K. Joseph, J.1. These Original Petitions were heard together as the main question (or decision in both is the same. 2. O. P. No. 60 is by the Proprietor of the Theatre Central, Palode Nedumangad Taluk. The Respondents are the Palode Panchayat, Shri P.K. Abdulla the Director of Pancnayats, the Stationary First Class Magistrate, Nedumangad, and the State of Travancore-Cochin. On 7-6-1955 the 1st Respondent issued a notice Ext. A to the petitioner calling upon him to pay a sum of Rs. 2,842-1-9 as entertainment tax for the period between 27-7-1954 and 3-6-1955. As the petitioner did not comply with the same the 1st Respondent launched criminal prosecution against him in C. C. Nos. 51 to 87 of 1955 of the First Class Magistrate's Court, Attingal. The demand notice Ext. A and the prosecutions are sought to be quashed. The main grounds relied on by the petitioner are that the demand is illegal and that the levy and collection of entertainment tax by the Respondent are ultra vires since bye-...
K. Bhaskaran Vs. State of Kerala
Court: Kerala
Decided on: Apr-03-1958
Reported in: AIR1958Ker333
M.S. Menon, J.1. The petitioner is a contractor who executes works for Government departments. He wanted to tender for the construction of latrines in the Head Office of the Director of Public Instruction, Trivan-drum, and applied for the necessary chalan for depositing the earnest money on 11-6-1957.2. The petitioner's application, Ext. P1, reads as follows :'I request you to be so good as to issue necessary counter-signed chalan, for depositing the earnest money for the work of constructing a latrine for ladies in the Office of the D. P. I.'Ext. P2 of the same date is the reply that he received from the 2nd respondent, the Executive Engineer, Education Division, Trivandmm :'With reference to his application dated 11-6-57, the contractor is informed that he will not be given any chalan as he has been black-listed.'3. The petitioner contends:(1) that his fundamental right to practise his profession is infringed by the 'blacklisting'; and (2) that the order of 'blacklisting' has been p...
Subrayan Chettiar Vs. Kochuvarkey
Court: Kerala
Decided on: Apr-02-1958
Reported in: AIR1959Ker18
Vaidialingam, J. 1. The appeal arises out of proceedings instituted by the defendant in O. S. 181/1123, District Court, Anjikaimal for compensation under Section 95, C. P.C. There is no controversy about the facts leading up to that application. The appellant before us was the plaintiff in the said suit and the respondent herein was the defendant therein. The suit itself was for recovery of a sum of Rs. 10,000 from the appellant. After filing the said suit, the plaintiff filed M. P. 1860 of 1123 and asked for attachment before judgment of the defendant's properties under Order 38, Rule 5, C. P. C. The allegations made in the petition for attachment before judgment were that the defendant is heavily involved and that he is trying to alienate the properties to defeat and delay the plaintiff's claim. An order of interim attachment was made on the same date and notice was issued to the defendant. He filed on 29-12-1123 M. P. 2100/1123 for raising the order of attachment. He has stated ther...
M.N. Kesavan Nair and anr. Vs. Travancore Devaswom Board Represented b ...
Court: Kerala
Decided on: Apr-02-1958
Reported in: AIR1959Ker21
ORDER1. The petitioners in these petitions are two employees of the Travancore Devaswom Board. They have filed the petitions under Article 226 of the Constitution praying for the issue of a writ of certiorari quashing certain orders of the 1st Respondent the Travancore Devaswom Board and also a writ of mandamus or other appropriate orders or directions to the 1st Respondent to declare them as senior in service to the Respondents 2 to 6. As the points arising for decision in the two petitions were identical the petitions were heard together The petitioner in O. P. No. 12 was recruited as a clerk in the Devaswom Department in the State of Travancore on 1-11-1122 in the scale of Rs. 25-1-30 and was confirmed on 1-5-1124. On 10-8-1124 he was promoted as acting clerk on Rs. 30-3-45 and confirmed in that grade on 1-5-1950. Subsequently on 8-8-1950 he was promoted as acting clerk in the scale of 45-5-75 superseding Respondents 2 to 6 of whom Respondents 2 to 5 had not then obtained the requis...
Kittu Naidu Vs. Krishnan Chetty Raman Chetty
Court: Kerala
Decided on: Apr-02-1958
Reported in: AIR1958Ker336
Varadaraja Iyengar, J.1. This appeal is by the 2nd plaintiff, legal representative of the 1st plaintiff, against the judgment and decree of the court below, dismissing his suit for partition herein.2. The 1st plaintiff is the elder brother of the 1st defendant. Themselves and their father belonged to the Chetty Community and constituted a joint Hindu family governed by the Mitakshara. The plaint A schedule immovable properties in Cochin and the B schedule movables appertained to that joint family. On 18-10-1113, the 1st plaintiff executed Ex. I release deed in favour of the father and younger brother, of all his one-third share in the A schedule properties, for a sum of Rs. 200.A like release, it is said, was executed with reference to the family properties in Malabar. The father died in Karkadagam 1120. The first defendant thereafter assumed to be the full owner of the A schedule properties and created various encumbrances over them which finally culminated in Ex. IX usufructuary mort...
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