Kerala Court July 1959 Judgments
State Vs. John Abraham
Court: Kerala
Decided on: Jul-29-1959
Reported in: 1961CriLJ92
T.K. Joseph, J.1. This appeal preferred by the State is directed against the acquittal of the respondent by the Sub-Magistrate, Thiruvella. The accused was charged with an offence of theft and the case was that he committed theft of four coconuts from the garden belonging to the first witness in the police report. The case came on for evidence twice and as the Prosecution did not examine any witness, the Magistrate acquitted the accused. Though the offence is trivial the appeal has been preferred as the validity of the procedure adopted by the Magistrate is questioned.2. The case came on for prosecution evidence on 5-11-1958 and J3-11-1958. On the latter dale the prosecution filed a report stating that the witnesses had refused to execute kychits and seeking orders. There was no prayer to issue process for compelling the attendance of witnesses. It is contended on behalf of the State that under Section 251-A(7) of the Code of Criminal Procedure the Magistrate was bound to examine all t...
Tag this Judgment!Ravikrishna Weaving Mills (Private), Ltd. Vs. State of Kerala and Two ...
Court: Kerala
Decided on: Jul-28-1959
Reported in: (1959)IILLJ760Ker
C.A. Vaidialingam, J.1. This is an application under Article 226 of the Constitution for quashing the award dated 19 November 1958 passed by the Industrial Tribunal, Kozhikode, in I.D. Nos. 16 and 17 of 1958 and published in the Kerala Gazette, dated 23 December 1958.2. The petitioner, Ravikrishna Weaving Mills (Private), Ltd., Azhikode, was carrying on business in the manufacture and supply of cotton powerloom goods. It was employing about 189 labourers. In the latter half of 1957, the mill appears to have experienced some difficulty and, in consequence, the management decided in or about February 1958 to discontinue one shift in the company. In view of this decision, the management decided to lay off 74 of the juniormost workers on payment of the necessary compensation admissible in law and the lay-off was scheduled to come into effect from 1 March. 1958.3. On 1 March 1958, the 74 persons, who had been notified to be laid off, reported in the office and after signing in the lay-off r...
Tag this Judgment!Ouseph Souro Vs. Thommen Michael
Court: Kerala
Decided on: Jul-23-1959
Reported in: AIR1960Ker139
Velu Pillai, J.1. The suit out of which these appeals have arisen, was instituted in the District Court at Anji-kaimal, to enforce a covenant for indemnity in a partition deed. Deceased Avira, who was the father of defendants 1 to 10 and the husband of the 15th defendant, and his brothers, the 13th defendant and the plaintiff, partitioned their properties in the year 1103 by deed Ext. C, by which a mortgage and puravaipa right over a property, which was subject to an encumbrance in Favour of a church, was allotted to the share of the plaintiff; Avira undertook by Ext. C to clear the encumbrance, and in the event of default, to indemnify the plaintiff, the properties allotted to him being also made answerable.The church obtained a decree Ext. I against the plaintiff, and another, and in execution purchased the mortgage and puravaipa right, and obtained delivery of possession under Ext, B on the 30th Dhanu 1116. The plaintiff has therefore sued to recover damages, to the extent of the mo...
Tag this Judgment!Unniri Kannan Vs. State
Court: Kerala
Decided on: Jul-22-1959
Reported in: AIR1960Ker24
Anna Chandy, J. 1. The accused in S. C. 32 of 1958 of the Telli-cherry Sessions Court is the appellant. He has been convicted under Section 302, I. P. C., and sentenced to rigorous imprisonment for life for causing the death of his mother by inflicting multiple injuries. 2. The accused Kannan aged 45 and his mother Perukkachi aged 70 were living in a house by the side of the road opposite to the Canannore Central Jail. The unmarried accused and his mother were the only occupants of the house. At about 4 P. M, on 29-7-1958 the accused who had been away since morning returned home. At 7 P. M. his mother went out to the nearby teashop and purchased a glass of tea wbich she took home. It appears that the accused used frequently to quarrel with his mother over the quality of food she used to serve him. At about 7-30 p.m., P.W. 2 a cousin of the accused living in a house closeby heard a commotion in the accused's house. She heard Perukkachi crying out that she was being killed and the accuse...
Tag this Judgment!Kathreena Vs. Trichur CochIn National Bank Ltd.
Court: Kerala
Decided on: Jul-22-1959
Reported in: AIR1960Ker57
ORDER1. The short question arising for decision in this Civil Revision Petition is whether an order preferring the plaintiff to the petitioner as. Receiver is appealable. The suit which has given rise to this Revision petition was one for recovery of mortgage money. The plaintiff, a Bank, applied for appointment of a Receiver for the mortgaged, properties, and after hearing all the parties, the trial court passed an order on 15-3-1957 appointing Receiver. One Kartha was appointed as Receiver. There was no appeal from this order so that the finding that a Receiver had to be appointed has become final. Kartha did not furnish security as directed and he filed a memo stating that he was not prepared to act as Receiver. At that stage the plaintiff offered to act as Receiver without remuneration. The trial court passed an order on 10-10-1957 stating that the plaintiff would be appointed Receiver in case the plaintiff was prepared to furnised security for Rs. 1,000. Before such security was p...
Tag this Judgment!Uniri Kannan Vs. State
Court: Kerala
Decided on: Jul-22-1959
Reported in: 1960CriLJ73
ORDERAnna Chandy, J.1. The accused in S.G. 32 of 1958 of the Telli-cherry Sessions Court is the appellant. He has been convicted Under Section 302, IPC and sentenced to rigorous imprisonment (or life for causing the death of his mother by inflicting multiple injuries.2. The accused Kannan aged 45 and his mother Perukkachi aged 70 were living in a house by the side of the road opposite to the Canannore Central Jail. The unmarried accused and his mother were the only occupants of the house. At about 4 P. M. on 29-7-1958 the accused who had been away since morning returned home. At 7 P. M. his mother went out to the nearby teashop and purchased a glass of tea which she took home. It appears that the accused used frequently to quarrel with his mother over the quality of food she used to serve him. At about 7-30 p.m., P.W. 2' a cousin of the accused living in a house close by heard a commotion in the accused's house.She heard Perukkachi crying out that she was being killed and the accused r...
Tag this Judgment!Workmen of Parvathy Mills Vs. Industrial Tribunal and Two ors.
Court: Kerala
Decided on: Jul-21-1959
Reported in: (1960)ILLJ316Ker
C.A. Vaidialingam, J.1. This is an application under Article 226 of the Constitution by the workmen of the Parvathy Mills (Private), Ltd., Quilon, represented by the Quilon District Watchers and Peons Association, Quilon, for calling for the records in Industrial Dispute No. 13 of 1956 on the file of the industrial tribunal, Trivandrum, and for quashing the award dated 23 March 1959 in so far as it relates to the findings recorded on Issues 3 and 4.2. As the attack made on the said industrial dispute relates only to these two issues, it is not necessary to consider elaborately, the various other matters discussed and considered in the said award. But it is enough to state that on a reference made by State Government to the industrial tribunal, Trivandrum, for considering certain matters, the industrial tribunal has considered the various issues referred to it and recorded findings thereon. In particular, the issue 3 relates to 'whether the watchers should be granted a weekly paid holid...
Tag this Judgment!Raman Sameeranan Vs. Raman Varunan and ors.
Court: Kerala
Decided on: Jul-20-1959
Reported in: AIR1960Ker226
Vaidialingam, J.1. This is a plaintiffs appeal against the decree and judgment of the learned Sub-ordinate Judge of Attingal reversing the decree of the trial court2.Plaintiff and the first defendant obtained properties from their father, under two settlement deeds namely, Ex. A dated 3-6-1112 comprising A schedule properties and Ex. B dated 8-12-1114 comprising B schedule properties,3. The first defendant, who is the brother of the plaintiff, conveyed the entire properties comprised under Exts. A and B to the second defendant, who is the second wife of the father of the plaintiff and the first defendant for a sum, of Rs. 50 as is evidenced by Ext. C dated 20-9-1120. The second defendant in turn, conveyed these properties under two documents to two different parties. Under Ext. D dated 19-11-1120, the second defendant conveyed half of B schedule properties namely 28 cents, (B schedule being 56 cents in extent) to the third defendant and under Ext. E dated 5-8-1121, she conveyed the res...
Tag this Judgment!Thankappan Asari Vs. Pankajakshi
Court: Kerala
Decided on: Jul-16-1959
Reported in: AIR1960Ker66
ORDERS. Velu Pillai, J.1. This is to revise an order passed by the First Class Magistrate at Punaloor, under Section 488, Criminal P. C., awarding maintenance to the wife and child of the revision petitioner, who may be referred to as the petitioner. The first pointtaken before me, that the wife had no'justification to live separately from the petitioner, cannot be sustained, in view of the finding of fact based upon her testimony, that she had been subjected to cruel treatment by him.2. The second point taken was, that the direction to the petitioner in the order sought to be revised, to pay a sum of Rs. 100/- in lieu of arrears of maintenance from the date of the petition till the date of the order, is opposed to the provisions of Section 488, Criminal P. C. The petition for maintenance was filed on 31-1-1956, and the order was passed by the Magistrate 011 the 14th February, 1958, In making the direction aforesaid, the learned Magistrate expressed himself in these terms:'Though maint...
Tag this Judgment!G.B. Transports, Guruvayur Vs. R.T.A. Trichur and ors.
Court: Kerala
Decided on: Jul-16-1959
Reported in: AIR1960Ker239
T.K. Joseph, J. 1. This is an application under Article 226of the Constitution praying for the issue of a writ of certiorari or other appropriate writ, direction or order quashing the order passed by the first respondent, the Regional Transport Authority, Trichur granting a temporary permit to the second respondent varying the route of stage carriage KLR. 1051 from Chittur to Trichur to Chittur to Guruvayoor via Trichur. The petitioner is an operator having five stage carriages plying between Trichur and Guruvayoor. Respondents 3 to 5 are other operators who are affected by the grant of the permit. The second respondent who was operating a stagecarriage KLR. 1251 from Chittur to Trichur applied So the first respondent for variation of the routeof this vehicle to Chittur to Guruvayoor via Trichur and after notifying the same and hearing objections, the first respondent granted the same on 5-ll-1958. The petitioner took up the matter in revision before the State Transport Authority. The ...
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