Kerala Court March 1960 Judgments
Karunakaran Vs. Deputy Superintendent of Central Excise
Court: Kerala
Decided on: Mar-31-1960
Reported in: AIR1961Ker93; 1961CriLJ379
Ansari, C.J.1. This appeal is against the judgment by a learned Judge of this Court, dismissing two petitions under Article 226. One of the petitioners still insists on challenging the proceedings whereby his car has been impounded on the allegation of certain provisions of the Central Excise Act having been infringed. Before dealing with the merits of the appeal, wo would record our appreciation of the learning and skill, with which the appellant's, advocate has argued his client's case.We would also acknowledge our indebtedness to the equally learned argument of the respondent's counsel. Coming to the facts of the appeal, they may be shortly narrated: On July 14, 1958, a car belonging to the appellant was found conveying four bags of contraband coffee seeds belonging to another, and this was at about 4-15 a.m., at a place about a mile south of Erattupetta. The Deputy Superintendent of the Central Excise, having stopped, searched the car and took the contraband coffee, as well as the ...
Tag this Judgment!Krishna Saw Mills Vs. Kozhikode Taluk Earcha Mill Thozhilall Union and ...
Court: Kerala
Decided on: Mar-30-1960
Reported in: (1960)IILLJ205Ker
S. Velu Pillai, J.1. This is to quash an award Ex. A, passed by the respondent 2, the industrial tribunal, Kozhikode, or shortly the tribunal, directing the petitioner, Krishna Saw Mills, Kallai, Kozhikode, to reinstate two members of the petitioner's staff, P.V. Kumaran and N.K. Velayudhan, in service. There was a strike by the petitioner's workmen from 16 February 1957, which continued for more than two months. On 25 March 1957, P.V. Kumaran and N.K. Velayudhan and two others of the staff submitted their resignation by Ex. M. 13, but on the strike being withdrawn on 17 April 1957, as the result of a settlement, the latter were readmitted to service on their application. P.V. Kumaran and N.K. Velayudhan made an application in, writing, Ex. W. 13, for reemployment only ; on 8 July 1957, but they were not admitted. Their cause was however taken up by the respondent 1, a labour union, upon which, the State of Kerala, the respondent 3, referred the dispute to the tribunal under the Indust...
Tag this Judgment!Madhava Naik and ors. Vs. Popular Bank Ltd., Alleppey
Court: Kerala
Decided on: Mar-28-1960
Reported in: AIR1961Ker14; [1960]30CompCas501(Ker); 1961CriLJ75
Sankaran, C.J.1. All those appeals are directed against one and the same order. The order appealed against is the order passed by a learned Judge of this Court on 19-10-1959 directing a public examination of all these appellants under Section 478 of the Indian Companies Act and Section 45G of the Banking Companies Act. The order was passed in the course of liquidation proceedings carried on in Banking Company petition No. 8/1956 on the file of the High Court. These proceedings relate to a Banking Company known by the name, 'The Popular Bank Ltd., Alleppy'.The bank commenced its business on 3-9-1944 and owing to financial difficulty it had to suspend its business on 16-8-1956. The Court passed an order on 19-12-1956 directing a winding up of this Bank. On 10-1-1958, the Official Liquidator filed a petition C. M.P. No. 113/1958 in B. C. P. No. 8/1956 under Sections 478, 531. 539 and 541 - 545 of the Companies Act, I of 1956, and under Sections 45C, 45H and 45J of the Banking Companies Ac...
Tag this Judgment!Joseph and ors. Vs. State of Kerala
Court: Kerala
Decided on: Mar-28-1960
Reported in: AIR1961Ker28
Sankaran, C.J. 1. This petition arises out of a prosecution for alleged offences under Section 295 and S. 380 read with Section 114 of the Indian Penal Code. Eight accused persons were tried for these offences in C. C. No. 20/1955 on the file of the First Class Magistrate's Court at Alwaye. The learned Magistrate acquitted accused Nos. 5 and 8 but convicted accused Nos. 1 to 4. The first accused was sentenced to undergo rigorous imprisonment for 3 months for the offences under Sections 295 and 380 with a direction that the sentences would run concurrently. Accused 2 to 4 were each sentenced to undergo rigorous imprisonment for one month for the offences under Sections 295 and 380 with a similar direction, that the sentences would run concurrently. Against these convictions and sentences, accused 1 to 4 preferred an appeal (Criminal Appeal No. 62 of 1957) before the Sessions Court at Trichur and, the learned Sessions Judge confirmed the conviction, and sentence and dismissed the appeal....
Tag this Judgment!indo-mercantile Bank Ltd. Vs. Commissioner, Quilon Municipality
Court: Kerala
Decided on: Mar-28-1960
Reported in: AIR1961Ker96
Sankaran, C.J. 1. These three appeals are directed against theorders passed by a Single Judge of this Court in three original petitions filed under Article 226 of the Constitution, praying for the issue of appropriate writs or directions. When the appeals came on for hearing before a Division Bench of two Judges, an objection was raised as to the competency of the Division Bench to hear the appeals.It was also-contended that the State Legislature cannot confer such an appellate jurisdiction on Division Benches. in view of these legal objections raised on behalf of the respondents, the three appeals were referred to a Full Bench mainly for the purpose of answering those legal points. The referring order was passed in A.S. No. 60 of 1959 and it is in the following terms:'This case raises the important question whether a Division Bench can hear appeals against thedecisions of Single Judges in applications under Article 226 of the Constitution of India and whether the State Legislature or ...
Tag this Judgment!State of Kerala Vs. Varghese Vaidyan and ors.
Court: Kerala
Decided on: Mar-28-1960
Reported in: AIR1961Ker1; 1961CriLJ63
Sankaran, C.J.1. The question of law raised in the first 5 references and in the next revision petition is practically the same and hence all of them were heard together. They are also disposed of by the present common order.2. Criminal Reference No. 21/57 is by the Session Judge at Alleppey and he has recommended under Section 438 of the Code of Criminal Procedure that the committal order which is the basis of Sessions Case No. 32/56 on the file of his Court may be quashed since it is an illegal order passed in violation of the mandatory provisions contained in Clause (4) of Section 207A of the Code of Criminal Procedure. The ground of illegality is stated to be that the Magistrate who committed the accused to stand their trial in the Sessions Court, has passed the order of committal without examining all the witnesses mentioned in the charge-sheet filed by the police as witnesses to the actual commission of the alleged offence.In Crl. Ref. No. 22/57 also a similar recommendation has ...
Tag this Judgment!Kochupennu Kochikka Vs. Kochikka Kunjipennu and ors.
Court: Kerala
Decided on: Mar-28-1960
Reported in: AIR1961Ker226
Sankaran, C.J. 1. This case has, come up before the Full Bench for an authoritative decision on the objections raised to the competency of a Single Judge to hear the appeal. The suit out of which this appeal has arisen, was valued at more than Rs. 1,000 and it was filed in the Munsiff's Court at Katunnagapally. An order passed by that court in execution of the decree in the suit, was the subject-matter of an appeal in the Sub-Court at Quilon, and it is against the appellate order of that court that the present second appeal has been filed on 5th February 1959 when the Travancore-Cochin High Court Act (Act V of 1125, as amended by Act I of 1952) was in force.Under that Act, a Single Judge of the High Court had the power to hear only such of _ the second appeals as would come within the limit prescribed by Clause (c) of Sub-section (4) of section 20 of that Act. 'Every appeal valued at Rs. 1,000 or less from an appellate decree and every appeal from an appellate order where the subject-m...
Tag this Judgment!City Corporation of Trivandrum Vs. V.P.N. Arunachalam Reddiar and anr.
Court: Kerala
Decided on: Mar-28-1960
Reported in: AIR1960Ker356; 1960CriLJ1467
Sankaran, C.J. 1. This appeal arises out of a prosecution instituted under the provisions of the Prevention of Food Adulteration Act (Act 37 of 1954). The Food Inspector of the Trivandrum Corporation started the prosecution by filing a complaint against the two accused who are the respondents in this appeal. The prosecution case is that the shop, bearing TC No. 698 at Karamana within the Corporation limits, belongs to the first accused and the main business carried on in that shop is the sale of oils and other food stuffs. The second accused is said to be an employee under the first accused, and it was thesecond accused who was in charge of the sales conducted in the shop. The allegation against the accused is that they used to sell adulterated oil in the shop.The second accused is stated to have been selling adulterated oil for and on behalf of the first accused. On 30-7-1957 P. W. 1, the Food Inspector of the Corporation, went to this shop and purchased 12 ozs. of gingilly oil from t...
Tag this Judgment!Narayanan Nambooripad and ors. Vs. Gopalan Nair and anr.
Court: Kerala
Decided on: Mar-28-1960
Reported in: AIR1960Ker367
Govinda Menon, J. 1. This appeal is filed by the plaintiffs and it arises out of a suit commenced by the plaintiffs through their next friend for a declaration that the compromise decree passed in O. S. 21/1124 of theAnjikaimal District Court is invalid and not binding on the plaintiffs and their Illom and for ancillaryreliefs.2. Plaintiffs 1 to 6 and defendants 3 to 7 are the members of an undivided Namhoodiri illom known as Cheruvally Swaroopam of which 3rd defendant is the karnavan. The 3rd defendant is said to be illiterate, dull headed and incapable of management and the 4th defendant was therefore managing the illom affairs under an udampady Ext. PL The illom owned considerable properties in the Cochin area of the former TC. State. While the fourth defendant was in management the 1st defen-dant was appointed as the manager to look after the illom properties under an unregistered karar Ext P20 dated 4th Edavam 1123.The 1st defendant took over the management on 8th Edavam 1123. The...
Tag this Judgment!State of Kerala Vs. Venkiteswara Prabhu and ors.
Court: Kerala
Decided on: Mar-25-1960
Reported in: AIR1961Ker55; 1961CriLJ265
S. Velu Pillai, J.1. This criminal appeal and this criminal revision petition arise out of a prosecution launched against four accused persons, for an offence under Section 3 of the Untouchability (Offences) Act, 1955, which may be referred to hereafter as the Act. The substance of the charge against them wag that on 2-10-1958, as abetted by the first accused, accused 2 to 4 prevented Pw. 2, a Theeya, and Pw. 5, a Harijan, from entering and worshipping in the Sree Varaha Devaswom Temple' or shortly, the temple at Cherai. The trial Magistrate acquitted the first accused, but convicted accused 2 to 4, and sentenced each of them to pay a fine of Rs. 100, and in default of payment, to undergo, simple imprisonment for 1 1/2 months. Accused 2 to 4 preferred an appeal to the District Magistrate, Ernakulam, who allowed the appeal, and set aside the convictions and sentences. The criminal appeal has been preferred by the State, and the criminal revision petition has been preferred by Pv. 2, aga...
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