Kerala Court March 1959 Judgments
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Rajamma Vs. Karthiayani Amma
Court: Kerala
Decided on: Mar-17-1959
Reported in: AIR1960Ker46
Anna Chandy, J. 1. This appeal is by the 6th defendant in O. S. No. 33 of 1122 on the file of the District Court, Mavelikara. 2. The suit was by a junior member of a Marumakkathayarn tarwad for setting aside certain alienations on the ground of want of consideration and necessity. One such alienation was Ext. C executed by the first defendant, (the mother of the, plaintiff and defendants 2 to 4) in favour of the 6th defendant.It is dated 2-8-1103. It is not disputed that the second defendant, who is the elder brother of the plaintiff, altained majority in 1118. Ext. A partition deed gives his age as three in 1101. This suit was filed in 1121. It was alleged in the plaint that the second defendant had left the State in 114, before he attained majority and was not heard of thereafter and the plaintiff is not even sure if he was alive. By way of reply the 6th defendant stated that he is not aware whether the second defendant had left the State in 1114 as alleged. No plea of limitation was...
Mrs. Parvathy Sankaran and ors. Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Mar-16-1959
Reported in: AIR1960Ker43; [1960]40ITR586(Ker)
Kumara Pillai, J. 1. Those are petitions to compel a reference to this court under the Cochin Income-Tax Act. The petitioner in O. P. Nos. 634, 635, 636 and 639 of 1958 is one Parvathi Sankaran and the prayers in them are in respect of the assessments on her for the years 1121 1124, 1123 and 1122 respectively. The petitioners in O. P. Nos. 637, 638 and 640 are the legal representatives of one Mundan, and the prayers in them are in respect of the assessment for the years 1123, 1121 and 1124 respectively. 2. Parvathi Sankaran and Mundan had been assessed to income-tax under the Cochin Income-tax Act for the relevant years. There were appeals from the assessments, and on the dismissal of those appeals, revision petitions were filed before the Commissioner of Income-tax. The Commissioner of Income-tax dismissed the revision petitions, and thereupon applications for reference to this Court were made. Those applications were dismissed by the Commissioner on the short ground that, as the revi...
Vasudevan and ors. Vs. State of Kerala
Court: Kerala
Decided on: Mar-13-1959
Reported in: AIR1959Ker67a; (1959)IILLJ610Ker
M.S. Menon, J. 1. These petitions wore heard together. They challenge the validity of a notification of the Government of Kerala dated 26-2-1958 under Section 3(1)(a)of the Minimum Wages Act, 1948 (Central Act XI of 1948). That notification was published in the Kerala Gazette on 4-3-1958 and (omitting the schedule thereto) reads as follows :'In exorcise of the powers conferred by cl. (a) of sub-sec. (1) of Section 3 of the Minimum Wages Act, 1948 (Central Act XI of 1948) Government are hereby pleased to fix the minimum rotes of wages payable to the employees in Agricultural Operations in the territories referred to in Section 5(2) of the States Reorganisation Act, 1956 (Central Act XXXVII of 1956) as Malabar District, the same having been previously published as required by cl. (b) of Sub-section (1) of Section 5 of the said Act. This notification shall come into force with effect from the date of this notification.' 2. The territories which constitute the Main-bar District in the Stat...
Chellappan Vs. State
Court: Kerala
Decided on: Mar-13-1959
Reported in: AIR1959Ker361; 1959CriLJ1327
S. Velu Pillai, J. 1. This appeal was posted before me, sitting as a single judge, pursuant to the provisions of the Kerala High Court Act, 1958, Act V of 1959. A preliminary objection to the competency of a single Judge to hear the appeal was raised on behalf of the appellant, who is the accused in the case, on the ground, that he has a vested right to have the appeal heard, by a bench of two Judges, under the earlier High Court Act of 1125. Reliance was placed by his learned counsel on the decision of the Supreme Court in Garikapati Vee-raya v. N. Subbiah Choudhry, (S) AIR 1957 SC 540, particularly, the observations of the learned Chief Justice in paragraph 48 of his judgment, and also, on the decision of the Punjab High Court in Gordhan Das Baldev v. Governor General in Council, AIR 1952 Punj. 103. The question for decision in the case before the Supreme Court was, whether by reason of a subsequent change in the law, a right of appeal to the Federal Court which was previously in exi...
Subbu Chettiar Vs. Ayyavu Chettiar
Court: Kerala
Decided on: Mar-12-1959
Reported in: 1959CriLJ1321
ORDERVaradaraja Iyengar, J.1. This Criminal Revision Petition is by the accused 1 and 2 against their conviction for the offence of defamation under Section 500 I. P.C. and sentence of fine of Rs. 50 (each in default to suffer rigorous imprisonment for one month) imposed therefor.2. The complainant is Ayyavu Chettiar. His daughter Parvathi was married on 14-11-1956 to the 2nd accused Shunmugham Chettiar who is the son of the 1st accused Subbu Chettiar. Parvathi left her husband's house on 18-1-1957 on account, according to her, of ill-treatment at the hands of the accused. On 18-3-1957 a registered notice was issued to the accused 1 and 2 through lawyer demanding maintenance for her. To this a reply Ext. p2 was caused to be sent by the accused through their lawyer denying the maintenance claim under Ext. P1 on account of Parvathi's unchastity, Ext. P2 went further and alleged that her father knew about her immoral conduct and also positively helped her immoral ways and that he deceived...
Calicut-wynad Motor Service (Private) Ltd. Vs. State of Kerala and ors ...
Court: Kerala
Decided on: Mar-10-1959
Reported in: AIR1959Ker347
ORDERVaradaraja Iyengar, J. 1. This is a petition under Article 226 of the Constitution by M/s. Callicut Wyand Motor Service (Private) Ltd. The complaint is against the grant by the 2nd respondent. The Regional Transport Authority, Kozhikode, under Ext. P. 1 order dated 13-11-1958, of a stage carriage permit for a proposed Ghat route between Ambalavayal-Kozhikode to one of their rival applicants, viz., the 3rd respondent Rajalekshmi Motor Service. The State is also impleaded as the 1st respondent.The main ground of challenge raised in the petition and seriously pressed before me is that on 13-11-1958 when Ext. P. 1 order was passed there was no constituted Regional Transport Authority for the Kozhikode District, for by that date the period of one year which the Government Notification of 23rd August 1957 had fixed as the term of appointment of the five members constituting the Authority, had expired. There was also a ground taken that an extraneous consideration had been imported by th...
Kesava Pillai Ramakrishna Pillai Vs. Dakshyani Amma Thankamma
Court: Kerala
Decided on: Mar-09-1959
Reported in: AIR1959Ker377
Anna Chandy, J.1. The plaintiff is the appellant. The appeal isagainst the judgment of this Court in S. A. No. 262 of 1954. The suit, filed on 15-3-1119, is for the redemption of an alleged mortgage of unspecified date. According to the plaintiff the property belonged toone Kurichimattom. It was demised on Kanappatom to Kundarathala tarwad and the defendants are in possession under a mortgage executed by the Karna-van of the Kundarathala tarwad in favour of the Karanavan of the defendant's tarwad.Those members of the Kundarathala tarwad whoobtained in partition the equity of redemption of these properties, sold the same to the plaintiff on 27-12-1117 with a direction to redeem the mortgage. The cause of action is stated to have arisen on 21-4-1075, 4-1-1099 the date of partition in Kunda-rathala tarwad, and on 27-12-1117 when the equity of redemption was purchased by the plaintiff. The significance of the first date, i.e., 21-4-1075 is not indicated in the plaint.2. The third defendant...
Kunhi Lekshmi Alias Leela Amma and ors. Vs. Mrs. R. Rugmani Alias Subh ...
Court: Kerala
Decided on: Mar-04-1959
Reported in: AIR1960Ker47
ORDER1. The short point that arises for consideration in this Civil Revision Petition is as to whether the order dated 16-2-1959, passed by the! learned District Judge of Kozhikode summoning the respondents, under Section 194 of is Act (Act XXXIX of 1925) is one passed within his jurisdiction.2. Original Petition No. 9 of 1959 on the file of the learned District Judge, was filed by the first respondent before us under Part VII of the Indian Succession Act (Central Act) XXXIX of 1955. The petition is a fairly extensive one, and it sets out in extenso the circumstances under which the said application has been filed. The first respondent herein claiming to be the widow of the late Parakkat Krishna Menon, who died on 11-9-1.958, filed the application for possession of the estate of her deceased husband in the ground that she was his sole heir under the Hindu Succession Act. Certain other reliefs were also prayed for by her.It is stated that the first respondent was married to deceased Kri...
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