Kerala Court September 1958 Judgments
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Kamalakshi Amma Saraswati Amma Vs. K. Bhaskara Menon
Court: Kerala
Decided on: Sep-08-1958
Reported in: AIR1961Ker154
ORDERP.T. Raman Nayar, J.1. I think that the Court below was quite right in holding that the question whether the father or the mother was the lawful guardian of the person of the minor children in question fell to be determined under Section 6 of the Hindu Minority and Guardianship Act (Central Act 32 of 1956) and not under Section 10 (2) of the Travancore Nayar Act (Tra-vancore Act of 1100) and that consequently the father's application for an order (under Section 7(l)(b) of the Guardians and Wards Act--Central Act VIII of 1890) declaring him to be the personal guardian find (under Section 25 of the same Act) giving him custody of the children from the hands of the mother had to be decided on the merits and could not be summarily dismissed (as prayed for by the mother, who is the petitioner before me) merely because, subsequent to the initiation of the proceedings, the parents had become divorced.2 The parents and the children are Nayar Hindus governed by the provisions of both Trava...
Malayalam Plantations Ltd., Quilon Vs. Commissioner of Income-tax, Mys ...
Court: Kerala
Decided on: Sep-01-1958
Reported in: AIR1959Ker34
G. Kumara Pillai, J. 1. This reference, under the Income-tax Act, arises out of two assessments made on Malayalam Plantations Limited, Quilon for the Malabar years 1122 and 1124 under the Travancore Income-tax Act. Against those assessments the assessee, the Malayalam Plantations Limited, preferred two appeals to the Appellate Assistant - Commissioner of Income-tax, Trivandrum, Income-tax Appeal No. 443 of 1124 against the assessment for 1122 and Income-tax Appeal No. 975 of 1124 against the assessment for 1124. Both these appeals were disposed of by the Appellate Assistant Commissioner on 30-8-1952. Against the orders passed by him on that date the assessee preferred two appeals to the Income-tax Appellate Tribunal, Madras Bench-B, I. T. Appeals 5007 and 5008 of 1952-53. These appeals were filed on 21-11-1952.The Appellate Tribunal dismissed both of them on the ground that they were time-barred that is, that they were filed after sixty days from the date of the communication of the Ap...
Kathaval Sudaly Vs. Arumugha Panicker and ors.
Court: Kerala
Decided on: Sep-01-1958
Reported in: AIR1959Ker172
Koshi, C.J.1. This is an appeal by the plaintiff under Section 21(1) of the Travancore-Cochin High Court Act, 1125 (Act 5 of 1125) against the judgment and decree passed by T.K. Joseph J., on 24-3-1954 in S. A. No. 227 of 1125. Affirming the concurrent decisions of the Principal District Munsif of Nagercoil in O. S. No. 387 of 1122 and of the Second judge of Nagercoil in appeal therefrom (A. S. No. 92 of 1124) the learned Single Judge dismissed the said second appeal, but at the same time declared that the case was a fit one for a further appeal to a Division Court of two Judges. The plaintiff has accordingly brought the present appeal. The facts giving rise to the suit (O. S. 387of 1122) out of which the appeal arises are as follows:2. The plaint property belonged to the tar-wad of the plaintiff and defendants 2 to 5. In 1069 the then Karnavan of the tarwad granted an Otti with respect thereto to one Neeli for a consideration of Fs, 700. In 1075 Neeli assigned her Otti right to one Va...
Malayalam Plantations Ltd. Vs. Commissioner of Income-tax, Mysore, Tra ...
Court: Kerala
Decided on: Sep-01-1958
Reported in: [1959]36ITR205(Ker)
KUMARA PILLAI, J. - This reference, under their Income-tax Act, arises out of two assessments made on the Malayalam Plantations Ltd., Quilon, for the Malabar years 1122 and 1124 under the Travancore Income-tax Act. Against those assessments, the assessee, the Malayalam Plantation Ltd., m preferred two appeals to the Appellate Assistant Commissioner of Income-tax, Trivandrum, Income-tax Appeals No. 443 of 1124 against the assessment for 1122 and Income-tax Appeal No. 975 of 1124 against the assessment for 1124. Both these appeals were disposed of by the Appellate Assistant Commissioner on August 30, 1952. Against the orders passed by him on that date the assessee preferred two appeals to the Income-tax Appellate Tribunal, Madras Bench B.I.T. Appeals Nos. 5007 and 5008 of 1952-53. These appeals were filed on November 21, 1952. The Appellate Tribunal dismissed both of them on the ground that they were time-barred, that is, that they were filed after sixty days from the date of the communi...
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