Kerala Court July 1960 Judgments
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Rev. Fr. Joseph Callian Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jul-18-1960
Reported in: AIR1962Ker33
Madhavan Nair, J.1. The appellant is the manager of St. Joseph's Upper Primary School, Mattathur, which is a school run with the aid of the State where children of all communities were admitted for education. His complaint is that the respondents Nos. 1 and 2 being the State of Kerala and its Director of Public Instruction, have issued orders 'granting sanction and recognition to the 4th respondent to start a new Upper Primary School at Mattathur', and that those orders are unconstitutional and void. He filed Original Petition No. 654 of 1980 in this Court for a writ, order or direction to quash the said orders and to restrain respondents Nos. 1 to 3 -- the 3rd respondent being the District Educational Officer, Irinjalakuda -- from implementing those orders. But the learned Judge, before whom the petition came up for admission, dismissed the same. Hence this appeal.2. It was strenuously contended that the appellant is a member of the Christian Community which forms the minority of his ...
Rukiya Bai Vs. George D'Cruz
Court: Kerala
Decided on: Jul-18-1960
Reported in: AIR1961Ker108; [1961(2)FLR410]; (1961)ILLJ75Ker
M.S. Menon, J. 1. This is an appeal from the order of the Commissioner for Workmen's Compensation, Trivandrum, in case No. 59 of 1955. The Commissioner came to the conclusion that the 1st respondent was a workman of the appellant, that he has suffered permanent total disablement as the result of an accident arising out of and in the course of his employment, that he was in receipt of a monthly wage exceeding Rs. 70/- but not Rs. 80/-, that he was entitled to a compensation of Rs. 3,360/- under Schedule IV to the Workmen's Compensation Act, 1923. He deducted from the said amount the sum of Rs. 240/- already paid to the workman and directed the appellant to deposit the balance of Rs. 3,120/- within thirty days from the date of his order. 2. The contention of the appellant is that the compensation awarded is excessive. The contention is based on the assumption that the Commissioner went wrong in finding: (a) the amount of the monthly wage; and (b) the extent of the disablement. 3. Accordi...
Usman Vs. Mammooty and ors.
Court: Kerala
Decided on: Jul-18-1960
Reported in: AIR1961Ker179
Velu Pillai, J. 1. The appellant having obtained a decree in O. S. 11 of 1952 against respondents 1 and 2 for the recovery of possession of a building with arrears of rent, put the decree in execution, but was met with a contention by the latter, that, by virtue of a pre-decretal agreement between the parties, the appellant has no right to execute the decree. According to the appellant, the property on which the building is situated, was obtained by him on kanom-kuzhikanom from the tarwad of respondents 1 and 2 and they were lessees of the building under him. Respondents 1 and 2 had obtained the property under a maintenance allotment from the tar-wad and they sued the appellant in O. S. 287 of 1952 of the same Court for the redemption of the kanom-kuzhjkanom, while two junior members of the tarwad also sued in O. S. 347 of 1952 of the same Court for setting aside the maintenance allotment in favour of respondents 1 and 2. The three suits were jointly tried, but during the course of the...
C.P. Krishna Iyer Vs. District Collector, Trichur and ors.
Court: Kerala
Decided on: Jul-18-1960
Reported in: AIR1961Ker315
Anna Chandy, J.1. The petitioner is a merchant doing business in Bombay and is now residing in his native village at Chalakudi. Respondents 1 to 3 are respectively the District Collector, Trichur, the Deputy Collector (Income-tax), Ernakulam and the Tahsil-dar, Mukundapuram. In 1947 the petitioner started a partnership business with three others in Bombay. The said business was done in Bombay as well as in Collem (Goa) in Portugese Territories. In 1950 the partnership was dissolved and the petitioner took over the entire business. Thereafter he continued the business at the same places as the sole proprietor. Since December 1953 on account of restrictions regarding travel from Indian Territories to the Portugese Territories and by reason of prohibition and restriction for remittance of money from Goa to India he could not continue the business in Goa and had to leave large assets and amounts belonging to the business at Goa without being able to take them over to the Indian Territories...
K. Natarajan Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jul-18-1960
Reported in: AIR1961Ker318
Ansari, C.J. 1. The appellant is the writ petitioner, and he prays for a mandamus or other appropriate writ against the first and second respondents. These are the State of Kerala and the Second Member of the Board of Revenue, who is ex-Officio Excise Commissioner. The third respondent is one Appukuttan Nair, who runs 'Xayier Restaurant' in Quilon. The writ petition has been dismissed by a learned Judge of this Court, and hence this appeal.2. At this stage we would state the relevant facts, that are not in dispute. The appellant holds for the Quilon area, a license for sales of foreign. liquor, particularly described as 'Retail (tavern) license'. This is for the period from Aprit 1, 196ft to March 31, 1961, and has been, on February 29, 1960, issued under Rule 13 of the Rules framed under the Travancore Abkari Act, 1073, because the appellant had then been the successful bidder at the public auction. The third respondent has been, under the same Rule granted a different license, partic...
Krishnankutty Moothan Vs. Kuthiravattath Nayar's Estate
Court: Kerala
Decided on: Jul-13-1960
Reported in: AIR1961Ker202
M.S. Menon, J.1. This is an appeal from the decision of the Subordinate Judge of Ottapalam in O. S. No. 3 of 1951. The suit which was filed on 12-1-1951 was for renewal fee under Section 27 of the Malabar Tenancy Act, 1929. Subsequent to the filing of the suit the Malabar Tenancy Act, 1929, was amended by the Malabar Tenancy (Amendment) Act, 1951. Section 55 of that Act was in the following terms : 'All suits, appeals and other proceedings nob governed by the preceding section which are pending at the commencement of this section or which may be instituted after such commencement, shall, if the provisions of the Malabar Tenancy Act, 1929, are in force or may be brought into force in respect of the subject-matter to which the suits, appeals or other proceedings relate, stand stayed until the date referred to in Section 54, Sub-section (2), and shall, thereafter, be disposed of in accordance with. Sub-section (3) of that section, including the provisions thereto.'2. Section 55 and Sectio...
Chinnaswamy Koundan Vs. Anthonyswamy and ors.
Court: Kerala
Decided on: Jul-13-1960
Reported in: AIR1961Ker161
M. S. Menon, J.1. The 1st defendant in O. S. No. 131 of 1950 of the Court of the Subordinate Judge of Chittur is the appellant before us. He challenges the correctness of the lower court's decision that the decree and sale in O. S. No. 213 of 1107 of the Munsiff's Court of Chittur are not binding on the l/4th share of the plaintiff in the propertied concerned' in that suit.2 The prayer portion of the plaint according to the agreed translation reads as follows;'The Court may therefore be pleased to pass a decree:A. Setting aside, on declaring that the decree, the execution proceedings, sale, sale certificate and delivery proceedings in O. S. No. 213 of 1107 of this Court are not binding on the plaintiff or on plaintiff's one-fourth share over the plaint schedule property and are void; B. Awarding the plaintiff separate possession of one-fourth share in the plaint schedule properties after partition by metes and bounds with future mesne profits at the rate of 1000 paras of paddy and Rs. ...
Sankara Warrie Vs. Radha
Court: Kerala
Decided on: Jul-12-1960
Reported in: AIR1961Ker112
ORDERP. Govinda Menon, J.1. The petitioner in this revision had filed a suit O. S. 210/56 on the file of the District Munsiff, Trichue for setting aside an order of maintenance passed against him under Section 488 of the Code of Criminal Procedure. The suit was decreed and the matter was taken on appeal in A. S. 151/58 before the 2nd Additional District Judge, Trichur. After the appeal was partly heard the respondent filed a petition for permission to produce additional evidence and the learned Judge passed a one line order 'Granted'. Aggrieved with the order the respondent in the appeal has come up in revision.2. A preliminary objection is raised that the revision petition will not lie as the costs ordered by the court when the petition was allowed had already been received by the advocate for the petitioner. The learned counsel for the petitioner contends that the order that was passed by the learned Judge was not a conditional order, that the payment of costs had not been made a par...
S. Mohamed Amanulla Vs. District Municipality of Quilon
Court: Kerala
Decided on: Jul-12-1960
Reported in: AIR1962Ker30
S. Velu Pillai, J,1. The petitioner in O. P. 577 of 1980, was carrying on business as a trader in hides and skins in his premises, bearing number M. C. 926 in Andamukkom North Ward, situated within the limits of the Quilon Municipality. For the year 1958-59, he had a licence from the Municipality under Section 261 (3) of the Travancore District Municipalities Act, 1116, which may he referred to hereafter as the 'Act'. In February 1959, the Sanitary Inspector reported to the Municipality by Ext. R-2, that the foul smell emanating from the stored hides in the premises was 'unbearable', that ''the water oozing' from them and flowing into the public road rendered the place insanitary, and that being a 'very thickly populated area, no precaution taken for the abatement of the nuisance' would prove effective. On the strength of Ext. R-2, the Municipal Commissioner issued a memo to the petitioner. Ext. P-1, dated 9th March 1959, intimating him in advance, that the licence would not be renewed...
C.G. Janardhanan Vs. T.K.G. Nair and ors.
Court: Kerala
Decided on: Jul-12-1960
Reported in: 1961CriLJ104
P. Govinda Menon, J.1. These two applications are filed by Shri C. G. Janardhanan under Sections 3, 4 and 5 of the Contempt of Courts Act - Central Act XXXII/52 - on which, notice was issued to the respondents to show cause-why they should not be convicted for contempt of court. Application No. 3/59 is against three respondents, the 1st respondent being the editor, the 2nd respondent the printer and publisher and the third respondent being the town correspondent of a Malayalam Daily newspaper called Navajeevan, printed and published at Triehur. Application No. 4/59 is against two respondents, the 1st respondent being the editor and the 2nd respondent being the printer and publisher of a Malayalam Daily called Deshabhimani, printed and published at Kozhikode, These two petitions were heard together and as the question involved in these petitions are the same, we propose to pass a common order.2. The publication in the two papers are almost to the same effect. It refers to an incident th...
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