Kerala Court February 1959 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Chittadi Estate (by Superintendent) Vs. Industrial Tribunal and ors.
Court: Kerala
Decided on: Feb-13-1959
Reported in: (1959)IILLJ184Ker
M.S. Menon, J.1. The petitioner, the superintendent of the Chittadi Estate, Mundakkayam, challenges the validity of the award of the Industrial Tribunal, Alleppey, in Industrial Dispute No. 90 of 1956. The question referred for adjudication was:Whether P.J. Abraham, office assistant, Chittadi Estate, Mundakkayam, is entitled to the full emoluments and amenities of a staff member and, if so, from what date.2. The petitioner contended before the tribunal that the dispute referred was not an industrial dispute as defined in Section 2(k) of the Industrial Disputes Act, 1947, and that the tribunal had hence no jurisdiction to deal with it. The contention was not accepted.3. The tribunal said:I hold that this is not an individual dispute but that it is an industrial dispute as denned in Section 2(k) of the Industrial Disputes Act and that I have jurisdiction to adjudicate it.4. It is settled law that though an order of reference is essentially administrative in character that fact does not p...
Raman Namboodiri Vs. Chaldean Syrian Bank Ltd.
Court: Kerala
Decided on: Feb-12-1959
Reported in: AIR1960Ker84
V. Iyengar, J.1. This appeal raises the question whether a person deriving title under the registered will of a deceased creditor, can claim to recover the debt due to the deceased, without production of a succession certificate.2. The plaintiff's predecessor-in-interest Ra-man Nambudiri deceased, had a savings as well as a fixed deposit account at the time of his death on 15-12-1953 with defendant, Messrs. Chaldean Syrian Bank Ltd., Trichur. Under the registered will dated 3-6-1946 left by Raman Nambudiri, the plaintiff and his minor sons were made the sole legatees of these bank deposits. On demand by the plaintiff for transfer in his name of the amounts concerned, the defendants first required a consent statement from all the members of the illom and subsequently on the plaintiff's failure to produce the same, they called for a succession certificate. The plaintiff obtained succession, certificate on 22-10-1954, but limited to the savings deposit, The Bank insisted upon a succession...
State Vs. Pappachan
Court: Kerala
Decided on: Feb-12-1959
Reported in: AIR1960Ker153; 1960CriLJ596
Iyengar, J. 1. Tills appeal is by the State and is directed against the acquittal of the sole accused in C. C. 1530 of 1957 of the Ernakulam Second Class Magistrate's Court.2. The accused was charged with offence under Sections 457 and 379 I. P. C. in that during the night of 28-9-1957 he broke into the house of PW. 1 with intent to commit theft by breaking a bar of the window and cut and removed gold chains worn by the three children of PW. 1 who were sleeping in a room in the house and thus committed theft. There were no eye-witnesses examined as to actual commission of the offence, the evidence let in was practically about the sale by the accused of the alleged stolen articles.There was the evidence of PW. 6 that the accused had borrowed his scissors apparently to show that the chains were cut out while the children were asleep. But two of the chains were intact and there was snapping if at all in only one. P.W. 1's evidence revealed that he had large dealing in hay and etc. with th...
Kuruvilla Vs. Kuruvilla and ors.
Court: Kerala
Decided on: Feb-12-1959
Reported in: AIR1959Ker405
Varadaraja Iyengar, J.1. The matter arises out of the Award of an arbitrator in a reference through court in Company Petition No. 13 of 1953 on the file of the Kottayam District Court. The Award though questioned by the appellants -- respondents 2 and 3 in the petition -- was to a major extent accepted and made order of court. Hence this appeal.2. The Company Petition No. 13 of 1953 was filed under Section 153(c) of the Companies Act of 1913 corresponding to Section 397 of the present Act of 1956, by a share-holder of the 1st Respondent -- Vijayalekshmi Oil Industries, Ltd., Kottayam. The 2nd Respondent in the Petition was the Industrial Managers, Ltd., who had been appointed and were functioning as the Managing Agents of the 1st Respondent-Company, while the 3rd respondent in the petition was the Governing Director of the 2nd Respondent-Company. The main prayer in the Petition was to terminate the managing agency agreement of the 2nd Respondent and direct the 2nd Respondent and also t...
Rev. Fr. Jose Callian Vs. Director of Public Instruction
Court: Kerala
Decided on: Feb-11-1959
Reported in: AIR1959Ker331
Raman Nayar, J.1. The appellant petitioner's grievances were : (i) That by the order Ext. P2 dated 11-6-1958, the 4th respondent State Government withdrew the recognition accorded to the Upper Primary School that was being run by the petitioner, and, (ii) that by an order dated 14-6-1958 the Government accorded sanction to the 3rd respondent to run a similar school in the same locality. The first of these orders was cancelled on 18-6-1958, five days before the institution of the present petition, and the second has been held in abeyance by an order dated 7-3-1958, so that, as pointed out by the learned single judge who heard the petition in the first instance, the petitioner has now no subsisting grievance. But he insisted and still insists that the second order must be quashed by this court as being in violation of Article 30 of the Constitution, the petitioner being a Roman Catholic and therefore a member of a minority community. Like the learned single judge we are completely at a l...
Punnen Punnen Vs. Varkey Anna and ors.
Court: Kerala
Decided on: Feb-06-1959
Reported in: AIR1960Ker54
Vaidialingam, J. 1. The short point that arises for consideration in this appeal is as to the nature of the lights con-ferred in the suit properties on Punnen Punnen, father of the plaintiff, under the will, Ext. C. ': 2. One Varkey Punnen was the original owner of the suit properties and he had two sons, Punnen Varkey andT Punnen Punnen. The sons of Punnen Varkey are defendants 1 to 3. Punnen Pumien had a son the plaintiff, and daughters who are defendants 16 to 19, Varkey Punnen executed a will, Ext. Con 29-1-1064 in and by which he bequeathed the properties to his sons, Punnen Varkey and Punnen Punnen, and also made other dispositions to his other relations. The 7th defendant is the widow of Punnen Punnen. 3. According to the plaintiff, his father Punnen Punnen was not given any rights in respect o the suit properties by Varkey Punnen, and the bequest under Ext. C was only in favour of the plaintiff. In this view, he challenged the several alienations and transactions entered into b...
Commissioner of Income-tax, Madras Vs. Star Tile Works Ltd.
Court: Kerala
Decided on: Feb-06-1959
Reported in: AIR1959Ker252
M.S. Menon, J.1. This is a reference by the Income-tax Appellate Tribunal, Madras Bench 'B', under Section 66(1) of the Indian Income-tax Act, 1922. The questions referred are: '(1) Whether the Commissioner of Income-tax was right in acting under the provisions of Section 33-B of the Act in respect of one issue; when an appeal against the assessment in respect of a different issue is pending befeore the Appellate Assistant Commissioner. (2) Whether there was material on the record for the Tribunal restricting the allowance to the Managing Director, on the facts and circumstances of the case, to 12 1/2 per cent. (3) Whether the Commissioner of Income-tax was justified in disallowing the entire commission paid to N.S. Krishnan, the ex-Managing Director.' The assessee is the Star Tile Works Limited, Kallai, and the reference relates to the assessment year 1951-52 (accounting period: year ended 31-12-1950). 2. Question No. (1), Counsel for the assessee submits that in view of Commr. of I...
Mohammed Rawther Peria Meeran Rawther Vs. Catholic Bank of India Ltd., ...
Court: Kerala
Decided on: Feb-05-1959
Reported in: AIR1960Ker137
1. This is an appeal by the 1st defendant from the decree in a suit for money. The 1st defendant wanted to have pattuvaravu dealing with the plaintiff Bank and defendants 1 and 2 accordingly executed a promissory note Ext. C. for Rupees 5000 and an agreement Ext. B dated 20-3-1946 containing the terms and conditions of such pattuvar-vu dealings, with a limit of Rupees 5000/-. The plaintiff claimed a sum of Rs. 2899-4-0 as the balance due on the date of the plaint. The 1st defendant contested the suit. His contentions were that the borrowings from the bank ended on 28-5-1946, that a sum of Rs. 5857-8-9 was due from him on that date, that he had pledged 6400 lbs. of tea-worth Rs. 8000 with the plaintiff as additional security, that he had paid Rs. 1000 on 8-7-1948 and Rs. 4,558-5-0 on 20-8-1950, that no amount was due to the bank from him, that the bank had not accounted for the tea or its value and that he was entitled to get Rs. 8000 from the plaintiff as the plaintiff had sold the tea...
- ‹ Prev
- 1
- Next ›