Kerala Court July 1963 Judgments
V.V. Joseph and ors. Vs. the State of Kerala
Court: Kerala
Decided on: Jul-15-1963
Reported in: AIR1964Ker121
M.S. Menon, C.J. This is an appeal by the defendants in O. S. No. 112 of 1958 of the court of the Subordinate Judge of Cochin. They arc the legal representatives 01 one Vakkan who died prior to the institution of the suit on 24-6-1955. 2. The suit which has been decreed was for the recovery of the sales tax due from the said Vakkan under the Madras General Sales Tax Act, 1939, for the financial years 1945-46, 1946-47, 1947-48 and 1948-49. The tax due in respect of those four years is Rs. 12,301-4-0, Rs. 18,503-5-0, Rs. 27,858-6-0 and Rs. 2,015-14-3 respectively. The total amounts to Rs. 60,678-13-3, and that is the amount that has been decreed by the trial court with future interest at sis per cent per annum. 3. The sales concerned took place in Fort Cochin. At that time Fort Cochin was in the Province of Madras, one of the Governor's Provinces under Section 46 of the Government of India Act, 1935, It became a part of the Part A States of Madras on26-1-1950 when the Constitution of Ind...
Tag this Judgment!L. Sankaran Lekhshmi and ors. Vs. Adima Kunju Abdhurahiman Kunju and o ...
Court: Kerala
Decided on: Jul-12-1963
Reported in: AIR1965Ker132
Mathew, J. 1. Additional defendants 2 to 5 and 7 are the appellants. The suit was one for redemption of a mortgage. Plaintiffs 5 to 7 are the children of Salia Ummal, a sister of plaintiffs 1 to 4. Plaintiffs J to 4 and deceased salia Ummal are the children of Mytheen Kunju Atima Kunju. Plaint A and B schedule properties belonged to the deceased father and mother of plaintiffs 1 to 4 and deceased Salia Ummal. Mytheen Kunju Atima Kunju and his wife executed the original of Ext. A mortgage to one Muhammad Kunju Ibrahim Kutti for Rs. 1500. In accordance with the provision in that deed the income of the property was to be appropriated towards the interest due for Rs. 1000 and for the balance of the mortgage money of Rs. 500, 9 per Cent, interest was to be paid by the mortgagor personally. On the basis of a prior hypothecation bond a stranger had obtained a decree in O. S. No. 429 of 1091 charged on A schedule property. Ext. D is the copy of that decree. A schedule property was brought to s...
Tag this Judgment!Swami Satchitanand and ors. Vs. the 2nd Addl. Income Tax Officer, Kozh ...
Court: Kerala
Decided on: Jul-10-1963
Reported in: AIR1964Ker118; [1964]53ITR533(Ker)
ORDERP. Govindan Nair, J.1. The question posed in this Original Petition for decision is whether assessments made an a Society, the Shrishaila Industrial and Spiritual Colony Charities, for the years 1950-51 to 1956-57 stylling the Society as an 'Association of persons' would impose any personal liability on the members of that Society to pay the tax imposed. The petitioners were members of the Society before 1-11-1957. The petitioners contend that there cannot be any personal liability to pay tax imposed on a Society since the members of the Society have no personal liability to discharge the debts of the Society. This Society has been registered under the Societies Registration Act, 1860, and it seems to me that Sections 6 and 8 of that Act reading as under are relevant:'6. Every society registered under this Act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in d...
Tag this Judgment!issac Issac Poranganal House Vs. Palai Central Bank Ltd.
Court: Kerala
Decided on: Jul-09-1963
Reported in: AIR1964Ker1; [1963]33CompCas799(Ker)
1. This appeal questions the correctness of. the decision in B. C. C. No. 1105 of 1961. The order concerned -- 1962 Ker L J 1401 -- is a common order dealing with B. C. C. No. 1105 of 1961 and B. C. C. Nos 194, 408 and 1003 of 1961*.2. The appellant had deposited a sum of Rs, 13,500/-witn the Palai Central Bank Limited -- now in liquidation -- on 13-1-1959. . The deposit was a fixed deposit repayable two years after the date of deposit. The word, ing of the receipt issued by the bank to the appellant was similar to that of Ext. P-11.3. On 23-6-1959 the appellant executed a promissory note in favour of the bank and borrowed a sum of Rs. 10,000/-. Along with the promissory note the appellant also gave to the bank the fixed deposit receiptstamped, signed and discharged as on the back of Extv P-11, and a delivery letter and an instruction letter similar to Exts. P-9 and P-10 respectively.4. The material words of Exts. P-9 and p-10, marked by way of illustration, read as follows : Ext P-9 :...
Tag this Judgment!O.V. Narayanan Nambiar and ors. Vs. Executive Officer, Cherukunnu Panc ...
Court: Kerala
Decided on: Jul-09-1963
Reported in: AIR1965Ker73; 1965CriLJ297
ORDERP. Govinda Menon, J. 1. The petitioners have been convicted under Rule 8 of the Rules framed under Section 112(2) (xxvi) of the Madras Village Panchayats Act, X of 1950, for having contravened Rule 5. the charge against them was that they cremated a dead body in R. S. 555/13 of Cherukumm amsom which is a plaqe within a distance of 100 yards, from dwelling houses and wells.2. The fact that the dead body has in fact been cremated by the accused is amply proved and is not seriously disputed. Rule -5 says :'No person shall bury, burn or otherwise disoose of, or cause or suffer to be buried, burnt or otherwise disposed of, any corpse in an/ place within a hundred yards of a dwelling place or source of drinking water supply other than a place provided, registered or licensed as aforesaid.'So the prosecution has to prove that the site where cremation took place is not a place provided, registered or licensed and tliat it is within a hundred yards of dwelling house or source of drinking w...
Tag this Judgment!Kesava Kurup Kunjupillai Kurup and anr. Vs. Sebastian Eluprasya Fernan ...
Court: Kerala
Decided on: Jul-09-1963
Reported in: AIR1963Ker365
Madhavan Nair, J. 1. This Second appeal raises a question of considerable importance to the Latin Catholic Christian Community residing in Central Travan-core and concerns the interpretation of Section 30 of the Travancore Christian Succession Act, which will be referred to hereinafter as the Act. That section reads as follows : 'Sections 24, 28 and 29 shall not be applicable to certain classes of the Roman Catholic Christians of the Latin Rite and also to certain Protestant Christians living in Karunagapally, Quilon, Chirayinkil, Trivandrum, Neyyattinkara, and other Taluks, according to the customary usage among whom the male and female heirs oi an intestate share equally in the property of the intestate. So far as those Christians are concerned, nothing in the aforeaid Sections shall be deemed to affect the said custom obtaining among them.' (Sections 24, 28 and 29 of the Act exclude daughters and other female heirs from succession to the properties of an intestate.) 2. The plaint p...
Tag this Judgment!Malathy Amma and anr. Vs. Jos, Son or Kattukkaran Varu and ors.
Court: Kerala
Decided on: Jul-02-1963
Reported in: AIR1964Ker68
Mathew, J.1. This appeal has been referred to the Full Bench on account of a supposed conflict between the dicta in Chacko v. Kesavan, 1962 Ker LT 848 : (AIR 1963 Ker 258) and Manilal Mohanlal v. Sayed Ahmed, AIR 1954 SC 349. The plaintiffs are the appellants. The suit was to recover possession of the plaint A schedule properties and for other reliefs. The plaint A schedule properties belonged to the tarwad of the plaintiffs and defendants 11 to 16. On the 4th Makaram 1104 the tarwad executed a mortgage in respect of these properties to the father of the 17th defendant On the basis of that mortgage the 17th defendant obtained a decree In 0. S. 67/1107 on the file of the District Court, Trichur. The father of defendants 1 to 4, one Varoo, took an assignment of that decree and executed it. The properties were brought to sale and purchased by Varoo after obtaining the permission of the Court for Rs. 7,200/, and he took delivery of the same in execution in the year 1113 M.E.The decree and ...
Tag this Judgment!K.C. Chandrasekharan, S/O K.C. Chamu Vs. State of Kerala
Court: Kerala
Decided on: Jul-02-1963
Reported in: AIR1964Ker87; [1963(7)FLR367]
Madhavan Nair, J. 1. This appeal is against the refusal by a learned Single Judge to issue a writ of certiorari to quash me Government's order dismissing the appellant from service for proved corruption.2. The Government having received reports that the appellant, while he was Special Forest Officer, Kutnuparamba, received illegal gratification and helped illicit transport of timber from the forest areas under his jurisdiction, conducted a preliminary investigation which disclosed a prima fade case, placed the appellant under suspensions, framed specific charges against him, served them on him, and finding his explanation thereto unsatisfactory, ordered art enquiry by the Enquiry Commissioner and special Judge, who submitted his report to Government on May 16, 1959 finding corruption on the part of the appellant and recommencing his removal from service.Government then consulted the Public Service commission, who, by their letter dated July 23, 1959, concurred with the findings of the ...
Tag this Judgment!P.C. Cheriyan of Poothikottu Vs. Mathan Chacko of Pankadatharakan Veed ...
Court: Kerala
Decided on: Jul-01-1963
Reported in: AIR1964Ker183
1. This is an appeal by the plaintiff under Section 5 of the High Court Act against the decision of a learned Judge in S. A. No. 128 of 1956-E reported in 1959 Ker LT 93.2. The plaint property belonged to Eappen and Chacko who assigned it to their brother Koshy on 31-9-1105. In I. P. No. 21 of 1107 on the file of the Quilon District Court the vendors were adjudged insolvents by an order dated 30-11-1108. On 20-4-1115 the Official Receiver applied under Section 53, Insolvency Act, to annual the aforesaid assignment and it was ordered on 11-1-1116. Subsequent thereto, the Official Receiver sold the property to the plaintiff under Ext. E on 14-6-1120.Even before the motion to annul the assignment to Koshy, he had assigned the property on16-12-1111 to the defendant as per Ext. VI andthe defendant had come in possession thereof.But the defendant was not made a party to theannulment proceedings. As the defendant refusedto surrender the property to the plaintiff ondemand the latter has filed ...
Tag this Judgment!L. Herman C. Cruz Vs. State of Kerala
Court: Kerala
Decided on: Jul-01-1963
Reported in: AIR1963Ker341; 1963CriLJ624
Govinda Menon, J.1. This is an application by the eighth accused in Crime No. 94 of 1963 of the Ponthura Police Station for enlarging him on bail pending trial of the case. The allegation against the accused is that on 17-5-1963 accused 1 to 3 and 6 to 10 instigated the Tindal and the crew including accused 4, 5 and 11 to 13 to resist the attempt of the officers to take delivery of the rice bags which had arrived by ship S. S. Maharani at the Valiathura port, thereby impeding and delaying the means of transport of the rice bags from the boat to the Government godown and also abetted the use of criminal force against the public servants. The acts, if proved, would amount to 'prejudicial acts' within the meaning of Rule 35 clause (6), sub-clauses (i) and (e), offences punishable under Rule 41 clause (5) of the Defence of India Rules, 1962.Rule 41(1) says that no person shall, without lawful authority or excuse do any prejudicial acts. Sub-rule (6) of Rule 35 indicates what is meant by pr...
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