Kerala Court September 1961 Judgments
Joseph Vs. State of Kerala
Court: Kerala
Decided on: Sep-29-1961
Reported in: 1962CriLJ668
P. Govinda Menon, J.1. Accused Chanda Pillai Joseph, has been convicted for an offence Under Section 376 Indian Penal Code, for having committed rape on a young girl aged 18 from near a culvert on the main Alleppey-Changanacherry public road of the afternoon of 6-10-1960.2. Pw. 1 the victim is the daughter of Pw. 7; who is a mazdoor. On 6-10-60 at about 3 p. m, she was returning home after having taken food t her father. While passing bang the road, the accused and Pw. 13 were going ahead of her. As she almost neared them, Pw. 13 left the place. When she reached near the accused he suddenly caught hold of her. She cried aloud and tried to escape from his clutches. The accused threatened her that she would be killed if she shouted. He forced her down by the side of a metal heap on the road and committed rape on her.3. Two fish-mongers, of which Pw. 2 is one of them, were then passing that way on their cycle. They saw this and after proceeding a little distance stopped in front of one Ma...
Tag this Judgment!Suseela Sadanandan Vs. Additional Income-tax Officer, Kozhikode, and A ...
Court: Kerala
Decided on: Sep-29-1961
Reported in: [1963]47ITR318(Ker)
In this writ petition, Mr. K. V. Suryanarayana Iyer, learned counsel for the with petitioner, challenges the orders of reassessment passed by the first respondent under section 34 of the Indian Income-tax Act, as well as the proceedings taken by the second respondent, under the provisions of the Madras Revenue Recovery Act, for realising the amount as per the assessments made by the first respondent.In order to appreciate the contentions that have been raised by Mr. Suryanarayana Iyer, learned counsel for the writ petitioner, as well as Mr. G. Rama Iyer, learned counsel for the revenue, a few facts will have to be stated; and, so far as we could see, there does not appear to be much of a controversy on essential facts, at any rate.One Sri S. P. Sadanandan, who was a resident of Kozhikode, died on 10th July, 1948, leaving a registered will dated June 23, 1948. A copy of the will has been marked in these proceedings as exhibit P-1. The petitioner is the widow of the late Sri S. P. Sadana...
Tag this Judgment!K.V. Koshy and anr. Vs. P.C. Chinan
Court: Kerala
Decided on: Sep-26-1961
Reported in: AIR1963Ker176
S. Velu Pillai, J.1. This Second Appeal by defendants 1 and 2 arises out of a suit for a declaration of the plaintiff's title to the suit property and for the recovery of the same with mesne profits. The property belonged originally to one Chacko. He and his brother Eapen purported to convey it on sale with other properties, to their brother Koshy, by deed, Ext. V, of the year 1105. Chacko was adjudicated insolvent on a petition Ext. A dated Dhanu 3, 1107, by order Ext. A-I dated Mithunam 30, 1108. In insolvency proceedings, the official Receiver impugned Ext. V, which was set aside by Ext. B-1 order dated Chingom, II, 1115. At the auction held by the Official Receiver for the realisation of the insolvent's assets the plaintiff became the purchaser of the suit property and others, and took a formal sale deed from the Official Receiver on Makaram 16, 1120. Koshy who took Ext. V sold the suit property and others by deed, Ext. VII dated Karkadakom 16, III, to one Chacko, who in his turn s...
Tag this Judgment!Ganrsan Vs. Bhagavathi Amma and ors.
Court: Kerala
Decided on: Sep-22-1961
Reported in: (1962)IILLJ167Ker
M.S. Menon, J.1. This is an appeal by the proprietor, Ferumal Lorries, Vadasseri, from the order of the Commissioner for Workmen's Compensation, Trivandrnm, in W.C. Case No. 182 of 1955. The order directed the appellant to deposit a sum of Rs. 2,125 for payment to the respondents, the defendants of one Arumugham Pillai.2. The Commissioner found that the accident in which Arumugham Pillai lost his life arose out of and in the coarse of his employment by the appellant. On the evidence on record that conclusion is correct and fully justified.3. The only question that arises for consideration is whether the deceased was a workman as defined in Section 2(1)(n) of the Workmen's Compensation Act, 1923, read with Clause (1) in Schedule II to the Act. Clause (1), on the relevant date, reads as follows:employed otherwise than in a clerical capacity or on a railway, in connexion with the operation or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity...
Tag this Judgment!Srimathi Cheriathoppilakath Kunhibi Vs. the Land Acquisition Officer, ...
Court: Kerala
Decided on: Sep-19-1961
Reported in: AIR1962Ker266
S. Velu Pillai, J.1. This is a petition for a writ of certioraii to quash. Ext. A, an order passed by the respondent, the Land Acquisition Officer, Kozhikode, by which he held, that the petition before him under Section 18 of the Land Acquisition Act, 1894, to make a reference, was barred by limitation, and for a writ of mandamus to compel him to make, such reference. In A. S. No. 836 of 1959, when this matter came up on a prior occasion before a Division Bench of this Court, the respondent was directed ''to decide afresh the request for a reference of the award to the Court, after giving the appellant (petitioner) a fair opportunity of showing that the notice was not served on her'. It was common ground that if the service of notice under Section 12(2) was valid and true, then the petition for reference was out of time. It has now been found in Ext. A, that 'the notice was served on the senior adult male, member in the family and that too in the presence and at the request of the peti...
Tag this Judgment!D.M.S. Rao and ors. Vs. the State of Kerala and anr.
Court: Kerala
Decided on: Sep-11-1961
Reported in: AIR1963Ker115; (1963)ILLJ176Ker
ORDERC.A. Vaidialingam, J.1. In these batch of 21 writ petitions, the validity of the notifications issued by the State Government fixing minimum rates of wages for the industries in question under the provisions of the Minimum Wages Act, 1948 as amended by subsequent enactments, is challenged. There are also certain minor contentions raised in some of the writ petitions, which will be considered at the appropriate stage.2. The two main contentions that have been urged and which are common to all the writ petitions are :(a) in fixing the minimum wages in the industries in question, the capacity of the employers to bear the burden proposed to be imposed has not been considered; and (b) the minimum rates of wages has not been fixed by the appropriate Government in these cases within one year of the date of the Notification issued by the State Government, adding the particular employment in Part I of the Schedule to the Act. 3. he above writ petition can be broadly divided into font grou...
Tag this Judgment!Kamalammal Vs. Gift Tax Officer (income-tax Officer), Alleppey
Court: Kerala
Decided on: Sep-07-1961
Reported in: AIR1962Ker287
ORDERC.A. Vaidialingam, J.1. In all these three writ petitions Mr. V. Rama Shenoi, learned counsel for the petitioner, contests the notices issued by the Gift Tax Officer, Alleppey dated 23rd August, 1960.2. All the three petitioners are sisters and they are the daughters of one Girlraya Kamath. The said Giriraya Kamath had there wives viz Saraswathi Bal, Lekshmi Ammaa and Padmavathi Ammal. All the three petitioners are the children of Giririaya Kamath and lekshmi Ammal. Giriraya Kamath is no more and it will be seen that the properties obtained by the three widows, as heirs to the estate of Giriraya Kamath were partitioned by metes and bounds under Ext. P-4. After the death of Lekshmi Ammal, namely, the mother of the three petitioners, her share in the properties also devolved absolutely on the other two widows namely, Saraswathi Bai and Padmavathi Ammal. Saraswathi Bai and Padmavathi Ammal executed a gift-deed Ext. P-l on 2-5-1957 in favour of the three petitioners. The properties gi...
Tag this Judgment!M. Sankunny Nair Vs. the State of Kerala
Court: Kerala
Decided on: Sep-07-1961
Reported in: [1961]12STC758(Ker)
Govinda Menon, J. 1. This is a revision by the assessee against the decision of the Sales Tax Appellate Tribunal in respect of the assessment for the year 1956-57. The assessee is a dealer in firewood and timber having his head office at Lakkadi. For the year of assessment 1956-57 the assessee had filed a return before the Sales Tax Officer, Perintalmanna, showing a net turnover of Rs. 45,985-8-2. The accounts were accepted and the tax assessed was duly paid by the assessee.2. The assessee has a fuel depot at Kanjikode with a depot-keeper in charge of it. On 18th August, 1958, the Sales Tax Officer of Alathur paid a surprise visit to the depot and recovered two rough account books, one for the period 18th January, 1957, to 13th July, 1957, and the other for the period 2nd August, 1958, to 17th August, 1958, marked as Exhibits 'A' and 'B' and seven G.V.R. form books maintained under the provisions of the Motor Vehicles Act in respect of two lorries K. L. P. 1040 and M. D. M. 4559. On th...
Tag this Judgment!Kamalammal Vs. Gift-tax Officer, Alleppey.
Court: Kerala
Decided on: Sep-07-1961
Reported in: [1962]45ITR80(Ker)
In all these three writ petitions Mr. V. Rama Shenoi, learned counsel for the petitioner, contests the notices issued by the Gift-tax Officer, Alleppey, dated August 23, 1960.All the three petitioners are sisters and they are the daughters of one Giriraya Kammath. The said Giriraya Kammath had three wives, viz., Saraswathi Bai, Lekshmi Ammal and Padmavathi Ammal. All the three petitioners are the children of Giriraya Kammath and Lekshmi Ammal. Giriraya Kammath is no more and it will be seen that the properties obtained by the three widows, as heirs to the estate of Giriraya Kammath, were partitioned by metes and bounds under exhibit P-4. After the death of Lekshmi Ammal, namely, the mother of the three petitioners, her share in the properties also developed absolutely on the other two widows, namely, Saraswathi Bai and Padmavathi Ammal. Saraswathi Bai and Padmavathi Ammal executed a gift deed exhibit P-1 on May 2, 1957, in favour of the three petitioners. The properties gifted to each ...
Tag this Judgment!Deputy Commissioner of Agricultural Income-tax and Sales Tax Vs. A.M. ...
Court: Kerala
Decided on: Sep-06-1961
Reported in: [1962]13STC295(Ker)
M.A. Ansari, C.J.1. This revision petition is by the Deputy Commissioner of Agricultural Income-tax and Sales Tax, Kerala State, North Zone, Kozhikode, and seeks to vary the order by the Sales Tax Appellate Tribunal dated August 17, 1959. Thereby the Tribunal had ordered the assessing authority to make fresh assessment, and the reasons are contained in paragraph 3 of the order, which reads as follows:-Section 8(4) of the Central Sales Tax Act or the Rules made -under the Act do not prescribe a time limit within which the C Forms should be produced by the dealer. If there was sufficient cause for the appellant's failure to produce the C Forms before the date of the assessment there is nothing to prevent the appellate authority from acting on them. In this case the delay in producing the C Forms, which was only a short one, was due to the delay in getting them from the registered dealers to whom the goods were sold. In the circumstances, we think that the delay should be condoned.2. The ...
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