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Kerala Court May 1961 Judgments

May 30 1961

Kannan Devan Hills Produce Company Vs. Industrial Tribunal and anr.

Court: Kerala

Decided on: May-30-1961

Reported in: (1961)IILLJ363Ker

P. Govinda Menon, J.1. This is an appeal against the decision of the learned single Judge of this Court refusing to quash the order of the industrial tribunal, Ernakulam, in an application under Section 33(2) of the Industrial Disputes Act 1947 (hereinafter referred to as the Act), for approval of the appellant's action in dismissing from service an employee of theirs, F.M. Fernandez, respondent 2 in this appeal.2. Respondent 2 was a workman employed in the Munnar workshop of the appellant-company. He was charge sheeted under standing order 22 (ft) of the standing orders for the workmen in the company. The charge against him was that on 17 September 1959 at about 9-30 a.m. while on duty in the workshop he in conjunction with one Arogyaswami and Christy Jeyaraj quarrelled with motor mechanic M.C. Mathew and abused him in filthy language because of his having resigned his membership from the K.D.H.P. Company Engineering Employees' Union.3. Respondent 2 denied the charges levelled against...

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May 02 1961

Arumugham Ammal Vs. Nayinar Panicker

Court: Kerala

Decided on: May-02-1961

Reported in: AIR1962Ker60

T.C. Raghavan, J. 1. The question of law raised in this second appeal is regarding the effect of the dismissal of an Execution Petition for the default of the decree-holder on an attachment before judgment. Both the lower Courts have held that the dismissal for default of the Execution Petition has vacated the attachaient prior to the decree and the second appeal questions the correctness of the aforesaid decision.2. The appellant before me was the 3rd defendant in the suit, which was for declaration of title to the suit property and for setting aside a summary order passed in a claim-proceeding. The suit property originally belonged to one Muniyandi Pillai and one Kumaraswami Pillai and the same was outstanding on a mortgage from them, which mortgage right was purchased by the 2nd defendant. The plaintiff purchased the equiry of redemption from the original owners trader Ex. B on 7th Meenam 1116 ME. The 1st defendant obtained a decree for arrears of rent against the original owners in...

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