Kerala Court June 1959 Judgments
Dahyabhai Patel and Co. Vs. Union of India (Uoi)
Court: Kerala
Decided on: Jun-29-1959
Reported in: AIR1960Ker135
Anna Chandy, J. This appeal is by the plaintiff in O. S. 46 of 1954 in the Court of the Subordinate Judge of Palghat.2. The plaintiff was the consignee of 173 bags of beedy tobacco sent from Cochin Harbour Terminus by wagon No. E.B. 15358 under invoice dated 7-7-53. When the wagon was opened at its destination on 9-7-1953 it was found that a portion of the goods was damaged by rain water. The damage was estimated at Rs. 7.201-9-0 and this suit was filed against the Union of India as represented by the General Manager, Southern Railway, Madras for recovery of damages. The suit notice Ext. B1 was dated 7-7-54 and it was served on the General Manager on the same day. The suit was filed on 7-9-1954. Thus it is seen that excluding the day on which the notice was actually served, the period of the notice was one day less than the statutory period of two months. The defendant contended inter alia that! the suit was premature for want of compliance with Section 80 C. P. C. That contention was ...
Tag this Judgment!Gopalakrishna Kediloya Vs. Krishna Bhatta
Court: Kerala
Decided on: Jun-24-1959
Reported in: AIR1960Ker74; 1960CriLJ228
T.K. Joseph, J.1. This is an appeal against an acquittal. The complainant is the appellant The case against the accused is that they caused injuries to a cow belonging to the complainant by stabbing it with a sharply pointed stake of arecanut palm and piercing its nostrils. Although the learned Magistrate held that the acts alleged against the accused were proved, ho acquitted the accused holding that such acts would not constitute an offence punishable under Section 426, Indian Penal Code.2. Ex. P 2 and the deposition of the Veterinary Doctor Pw. 5 show that the cow had 4 injuries : (1) A punctured wound at the region of middle of 5th rib 1/2' deep on right side. (2) A punctured wound 4' behind the point of shoulder on right side 1' deep. (3) A subcutaneous wound about one square inch area on right shoulder. (4) A punctured wound through the nasal septum exhibiting raw borders. Pw. 4 gave the cow a penicillin injection and some other medicine for internal and external use as a result ...
Tag this Judgment!Kutti Enuri Nethiar and anr. Vs. Union Timber Traders and ors.
Court: Kerala
Decided on: Jun-19-1959
Reported in: AIR1960Ker69
ORDERVaidialingam, J.1. The defendants 110 and 115 in O. S. 402/1938 on the file- of the District Munsiff's Court, Alathur are the petitioners before me'. The revision is against the order dated 27-5-59 overruling the 'objections of the petitioners, 011 commissioners' report in respect of a public auction held of a forest. The short facts leading upto this G.R.P. are as follows:2. In the course of working out the rights of the parties in what appears to be a long drawn out partition litigation instituted in 1938, there was originally an idea to dispose of the properties, which are mow the subject-matter of this revision, by a private sale.3. The commissioners appointed in the suit filed a report dated 11th May 1958 in which they have stated that according to the orders of the learned District Munsiff, they negotiated the likely purchasers besides the Government. They also stated that they invited offers for purchase of the forest by publication of notices in certain Malayalam Dailies a...
Tag this Judgment!Damodaran and ors. Vs. State
Court: Kerala
Decided on: Jun-16-1959
Reported in: AIR1960Ker58
Velu Pillai, J. 1. These are one hundred and eighty-two petitions under Article 226 of the Constitution preferred by operators of stage carriages on several routes in the erstwhile Travan core-Cochin State, for the issue of a writ of certiovari, or other appropriate writ, direction or order, quashing the notification, TB-2/146G7/57/PW dated 24-9-1957, made by Government, by virtue of the power conferred on them by Section 18(1) of the Travancore-Cochin Vehicles Taxation Act, 1950, referred to hereinafter as the Act. The Act has provided for the levy of a tax on every vehicle using any public road in the Travancore-Cochin area, and has prescribed in Schedules I and III thereof the maximum tax leviable for each class of vehicles. Section 3, Sub-Sections (1) and (2) of the Act authorised Government, to specify, by notification inter alia the rate at which, the tax shall be levied for each class of vehicles, which, under the proviso to that section, 'shall not exceed the maxima specified i...
Tag this Judgment!Krishnamma Naidu Vs. Krishna Iyer
Court: Kerala
Decided on: Jun-16-1959
Reported in: AIR1960Ker122
Sankaran, C.J. 1. Defendant is the appellant. He was doing forward contract business in oil at Cochin through the agency of the plaintiff. The transactions ended in a loss. For the amount found to be due to the plaintiff ou a final settlement of all accounts between himself and the plaintiff, the present suit was instituted by the plaintiff. The defendant denied his liability and put the plaintiff to the proof of his claim. Accordingly, evidence was adduced by the plaintiff. The trial court accepted such evidence and decreed the plaint claim. The appeal is against that decree.2. Plaintiff is a dealer in oil at Mattanchery. Such dealings at Mattanchery could be conducted only by the members of the Oil Merchants' Assc-eiation, Cochin, at Mattanchery. Plaintiff is a member of this Association while the defendant is not. The defendant thereupon engaged the services of the plaintiff to conduct the trade in oil on his be-half. It follows therefore that every transaction entered into by the p...
Tag this Judgment!Koru Vs. Commissioner of Income-tax, Kerala
Court: Kerala
Decided on: Jun-11-1959
Reported in: AIR1960Ker41
M.S. Menon, J 1. This is a reference by the Income-tax Appellate Tribunal, Madras Bench, under Section 66(1) of the Indian Income-tax Act, 1922, Counsel for the assessee and the department are agreed that the second of the two questions referred has not been dealt with in the order of the Appellate Tribunal and that the said question need not be answered by us. 2. The first question referred which alone arises for consideration reads as follows: 'Whether the yum of Rs. 1,20,000/- aforesaid can be said to be the value of timber on the aforesaid land on the basis of the terms of annexures 'A' and 'B'.'Annexure A is an agreement between the as-sessee and the Canara Industrial Plantations Limited, dated 5-10-1950 and Annexure B, a sale deed in favour of the asscssce by the said company dated 31-8-1951. Two other documents which followed are Annexure C, a deed of mortgage executed by the assessee in favour of the company on 31-8-1951 and Annexure D, an agreement between the asses-see and th...
Tag this Judgment!Kunchikavu Vs. Kesavan Nayar
Court: Kerala
Decided on: Jun-10-1959
Reported in: AIR1960Ker79
Anna Chandy, J. 1. This Revision Petition is from an-Interlocutory Order passed by the Sub-Judge, Otta-palam in O. S. No. 39 of 1954 of that court.2. The suit, is tor arrears of maintenance from the Tarwad. Pending trial, the plaintiff died and his son, the respondent here, applied to get himself imp leaded as the legal representative of his father on the strength of a will. The defendant opposed the application questioning the genuineness and validity of the will. The learned Sub-Judge ordered the respondent to be impleadcd, adding that 'the genuineness of the will, will be considered in the suit'.3. The appellant contends that the learned Sub-judge erred in permitting the respondent to be impleaded without first deciding whether he was in fact the legal representative of his father.4. This contention has to be accepted. Order 22, Rule 5 of the Civil Procedure Code enjoins that:'Where a question arises as to whether any person is or is not the legal representative of a deceased plaint...
Tag this Judgment!State Vs. Kunchu and ors.
Court: Kerala
Decided on: Jun-01-1959
Reported in: AIR1960Ker13
Velu Pillai, J.1. These four Criminal appeals are by the State, and are directed against the judgments in four calendar cases, passed by the Judicial District Magistrate at Palghat, by which he acquitted the second accused in each of them; there are thus four respondents in all these appeals together. They were each charged for an offence under Section 16(1) read with Section 7 of the Prevention of Food Adulteration Act 1954, Act XXXVII of 1954, referred to hereinafter as the Act, for the sale of milk adulterated with water, in their capacity as servants of their respective masters, who themselves were the first accused in the four cases. The masters were convicted on their plea of guilty; but the acquittal of the respondents was on the ground, that as servants, they are not punishable. When these appeals came before me for hearing, in view of the importance of the questions involved, and of the conflict of opinion in other jurisdictions, they were referred to a division bench for disp...
Tag this Judgment!Joseph Vs. John
Court: Kerala
Decided on: Jun-01-1959
Reported in: AIR1960Ker27
Velu Pillai, J. 1. The suit out of which this Second Appeal arises, was instituted by two plaintiffs, for a partition of their two-third share of the suit property, which is a leasehold and belonged to Thomman. After his death, the suit property came into the possession of his widow Eliswa, and his children, the plaintiffs, defendants 2 to 6 and deceased Joseph. In execution of a decree against Eliswa and Joseph, the 1st defendant purchased the suit property, and obtained possession of it, on the 3rd Kanni 1112 and he has been in possession ever since.The suit was resisted by the 1st defendant, and the chief question to be decided in this appeal is, whether the plaintiffs' right in the suit property has been extinguished by reason of the 1st defendant's adverse possession. The suit was instituted on the 14th May 1952, corresponding to the 1st Edavam 1127. The court of first instance held in favour of the 1st defendant; but on appeal, the District Judge held against him and he has there...
Tag this Judgment!- ‹ Prev
- Next ›