Kerala Court December 1963 Judgments
Ephrem Ambooken, Poyya, Via Chalakudy Vs. Asst. Chief Officer, Reserve ...
Court: Kerala
Decided on: Dec-20-1963
Reported in: AIR1966Ker6
ORDERP. Govindan Nair, J.1. The short question arising for decision in this Original Petition is whether the provisions of Section 35B(1)(b) of the Banking Companies Act, 1949 (hereinafter referred to as the Act), is violative of Article 19(1)(g) of the Constitution. Section 35B(1) of the Act is in these terms:'35B. (1) In the case of a banking company-- (a) no amendment of any provision relating to the appointment or re-appointment or remuneration of a managing director or any other director, whole-time or otherwise or of a manager or a chief executive officer by whatever name called, whether that provision be contained in the company's memorandum or articles of association, or in an agreement entered into by it, or in any resolution passed by the company in general meeting or by its Board of Directors shall have effect unless approved by the Reserve Bank:(b) no appointment or re-appointment of a managing or whole time director, manager or chief executive officer by whatever name call...
Tag this Judgment!Sankaran Govindan Vs. Lakshmi Bharathi and ors.
Court: Kerala
Decided on: Dec-20-1963
Reported in: AIR1964Ker244
Raghavan, J. 1. The 1st defendant in a suit for partition of the assets of a person named Dr. Krishnan, who died in England on 18th October 1950, is the appellant; and the dispute is confined to the assets included in Schedule C to the plaint. These assets constitute the sale proceeds of the properties left by Dr. Krishnan in England, both immovable and movable, consisting of a house and other movables. The assets amount to Rs. 1,18,075/- and that amount is now in deposit within the jurisdiction of the lower Court.2. Three Ezhava brothers, Sankaran Padmanabhan, Sankaran Krishnan (deceased Dr. Krishnan) and Dr. Sankaran Govindan (1st defendant), and a sister, the 2nd defendant, were the children of late Sankaran belonging to the erstwhile Travancore State. Dr. Krishnan left for England in 1920 for higher studies in medicine. For some time he received remittances from home; but after his lather's death his elder brother, Padmanabhan, did not send regular remittances and therefore Dr. Kri...
Tag this Judgment!Ravarichandiyil Krishnan Nair and ors. Vs. Thayyullathil Abdu and ors.
Court: Kerala
Decided on: Dec-17-1963
Reported in: AIR1965Ker39
Raman Nayar, J.1. In these cases the validity of Section 11-A of the Kerala Agriculturists Debt Relief Act, 31 of 1958, which provides for the premature termination of melpattoms granted by an agriculturist before the commencement of the Act for periods of two years or more on application made by the gran-tors is challenged by the grantees, melpattomdars-as they are called. The original petitions are sack applications withdrawn to this Court under Article 228 of the Constitution while the revision petitions and the appeal are from orders made by subordinate Courts on such applications. The cases-have been referred to a Full Bench because of the-general importance of the questions involved.2. Section 11-A runs as follows: ' 11-A. Special provisions regarding certain melpattoms.(1) This section applies to all subsisting melpattoms granted by an agriculturist before the commencement of this Act for periods of two years or more. (2) Notwithstanding that the period of the melpattom has not ...
Tag this Judgment!Concord of India Insurance Co. Ltd., Calcutta and ors. Vs. C.K. Subram ...
Court: Kerala
Decided on: Dec-10-1963
Reported in: AIR1964Ker209
Madhavan Nair, J. 1. These appeals have arisen in an action for damages under the Fatal Accidents Act, XIII of1855.2. Krishnamoorthi, the eldest son of the plaintiffs 1 and 2, was hit, on the evening-dusk of February 26, 1956, by a. Town-bus owned by the 1st defendant and driven by the 2nd defendant, and was so severely injured that he died in hospital on the early morning of February 28, 1956 He was a smart bright boy, aged 8 years at the time of the accident, studying in Standard III having been at the top of his class all through. His parents are affluent. He had a reasonable prospect of occupying a good position in life. In respect of his death caused by the negligence of the 2nd defendant the plaintiffs claimed Rs. 30,000 as damages. At the instance of the 1st defendant, the 3rd defendant-company, with which the bus had been insured against accidents, was also brought on record. The District Judge fixed the damages at Rs. 5,000/-, and held defendants 2 and 3 and the estate of the ...
Tag this Judgment!Punnen Abraham Vs. Varkey Varkey
Court: Kerala
Decided on: Dec-10-1963
Reported in: AIR1965Ker145
ORDERT.K. Joseph, J.1. This Civil Revision Petition has beenpreferred by the decree-holder against an orderallowing a claim to properties attached in executionsof the decree. The learned Munsiff held:'I am satisfied that on the date of the attachment the petitioner had some interest in the properties and possession of items 1 to 7.'2. The main point raised on behalf of the petitioner is that the court below failed to decide what it was bound to do. The argument is that when the court finds that the claimant is in possession it has also to decide whether the possession, of such person is in trust for or on behalf of the Judgment-debtor. This position Is supported by the decision of the Allahabad High Court in Bachu Lal v. Ram Din, AIR 1939 All 117. It was urged that the absence of such a finding vitiates the order in view of the circumstances relied on such as that, all or the major part of the judgment-debtor's properties including his residential house have been transferred for an ina...
Tag this Judgment!P.R.S. Pillai Vs. Manuel Sathyanesan
Court: Kerala
Decided on: Dec-06-1963
Reported in: AIR1965Ker155
S. Velu Pillai, J.1. The respondent sued the appellant on a promissory note for Rs. 2643-12-0 dated the 22nd September, 1953. The appellant repudiated personal liability on the ground that the amount of the promissory note represented the balance of remuneration due to the respondent from the Kalasagar Films Ltd., a company of which the appellant was the manager, for having acted in a film 'Thiramala' produced by the company. The appellant's plea was repelled and the suit was decreed. The promissory note which is Ext. P 1 contained an unconditional undertaking by the appellant to pay the respondent, the sum of Rs. 2646-12-0 on demand; but no Indication whatever that he signed Ex. P 1 as manager of the company or that he did not intend thereby to Incur personal responsibility. This one feature is sufficient to put the appellant out of Court, on the strength of Section 28 of the Indian Negotiable Instruments Act. A plea of this kind came before the Privy Council and was repelled in Firm ...
Tag this Judgment!In Re: Malabar Iron and Steel Works Limited
Court: Kerala
Decided on: Dec-06-1963
Reported in: AIR1964Ker311
ORDERP.T. Raman Nayar, J. 1. I need not repeat what I said in my winding up order of the 9th November 1962. That order was based on the finding that the company had not commenced business although very nearly two years had elapsed since its incorporation and that it was not in a position to lawfully commence business in the future. The company had issued a prospectus inviting the public to subscribe for its shares and the sum of Rs. rg.6 lakhs was specified therein as 'the minimum subscription'. No proof was adduced of any allotment of shares, but it was stated by counsel for the company that shares of the face value of Rs. 6 lakhs had been allotted and had been fully paid. Even accepting this statement, the subscription fell far short of the minimum subscription, and, there being not even a suggestion that the company would be able to secure the minimum subscription in the foresoeable future, I came to the conclusion that the company would never be in a position to lawfully commence b...
Tag this Judgment!Sundaram Finance Limited Vs. the State of Kerala and anr.
Court: Kerala
Decided on: Dec-05-1963
Reported in: [1964]15STC228(Ker)
M.S. Menon, C.J.1. The petitioner-Sundaram Finance Limited- questions the validity of exhibit F, an order of the Sales Tax Officer, Ernakulam, dated 25th March, 1962. The sole question for determination is whether under the arrangements between the company and its customers there is a sale by the customers to the company at the commencement of those arrangements and a resale by the company to the customers at the termination thereof.2. It is common ground that if there was a sale by the customers to the company at the inception of the arrangements, there will be a resale by the company to the customers at the termination of those arrangements and that the company will be liable to pay sales tax on the resale as held by the Department. The question for determination, therefore, is whether there is a transfer of property by way of sale from the customers to the company at the inception of the arrangements between them.3. The arrangements are evidenced by the documents which have been mar...
Tag this Judgment!P. Subramanian and anr. Vs. Sales Tax Officer, Special Circle, Palghat ...
Court: Kerala
Decided on: Dec-03-1963
Reported in: AIR1965Ker57
P. Govindan Nair, J.1. The petitioners in these two writ applications are dealers and assessees to sales-tax under the Central Sales Tax Act, 1956 (hereinafter referred to as the Act). The turnover relating to which it was contended by the petitioners that a tax of only 1% should be imposed relates to the sale of 'green ginger' by the petitioners to purchasers in Bombay and other places. This claim that tax can be imposed only at 1% is made because of the provision in Section 8(1)(b) of the 'Act reading:'8. Rates of tax on sales in the course of Inter State trade or commerce: (1) Every dealer, who in the course of inter-State trade or commerce: (a) ........................... (b) sells to a registered dealer other than the 'Government goods of the description referred to in Sub-section (3); shall be liable to pay tax under this Act, which; shall bo one per cent of his turnover.' (2) It is admitted that the goods are of the description referred to in Sub-section (3) of Section 8, But th...
Tag this Judgment!Goverdhandas Kalidas Vs. New Dholera Steamships Ltd. and ors.
Court: Kerala
Decided on: Dec-02-1963
Reported in: AIR1965Ker51
K.K. Mathew, J.1. The plaintiff is the appellant. The suit was to recover the amount paid by the plaintiff to the 3rd defendant as watching charges and also for damages for short delivery and other reliefs. The 1st defendant is a shipping company and the 2nd defendant was its landing agent. The 3rd defendant was a sub-agent employed by the 2nd defendant for the landing work etc. The plaint is founded on the following allegations. One Dwarakadas Panachand, a merchant at Mattancherry consigned 1560 bundles of coir rope and 619 bundles of coir yarn, for carriage to Karachi, in 'S. S. Mosna' belonging to the 1st defendant on 30-3-1946. The goods arrived in Karachi on 26.4.1946. But before the goods reached Karachi Dwarakadas Panachand became insolvent, and the official receiver got the bill of lading and paid the freight. Thereafter the official receiver endorsed the bill of lading to one J. J. Malavia, who in turn endorsed the same for consideration to the plaintiff.The plaintiff went to ...
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