Kerala Court April 1964 Judgments
V.K. Namboodiri Vs. Union of India (Uoi) Represented by Secretary to t ...
Court: Kerala
Decided on: Apr-03-1964
Reported in: AIR1965Ker185
Raghavan, J.1. In this appeal the plaintiff contests the correctness of the decision of Madhavan Nair J. in a suit withdrawn from one of the subordinate courts under Article 228 of the Constitution and disposed of by him.2. The appellant held the permanent rank of Major in the State Forces of the erstwhile State of Travancore until its integration with the State of Cochin. Thereafter he continued as a Major in the Forces of the T. C. State. When the Constitution came into force on 26th January 1950, under Article 259(2) of the Constitution the Armed Forces of the T. C. State became part of the Armed Forces of the Union of India. Then the Indian Army Services Selection Board screened the Officers of the T. C. State Forces and the appellant was graded as 'unacceptable' to the Indian Army. The Army Head-Quarters issued orders on the basis of this grading, directing the release of She appellant from the army, whereupon he filed O. P. No. 67 of 1950 before the T. C. High Court. Pending the ...
Tag this Judgment!State of Kerala Represented by the Chief Secy. to Govt. Trivandrum and ...
Court: Kerala
Decided on: Apr-03-1964
Reported in: AIR1964Ker316
1. The first and second respondents inO. P. No. 12G6 of 1963 are the appellants before us.They are the State of Kerala Represented by the ChiefSecretary to Government, and the Principal of the Medical College, Trivandrum.2. The controversy relates to the validity of Ext. R-1, an order of the Government regarding the selection of candidates for admission to the Medical Colleges in the State. The order is dated the 7th June ,1963, and is the successor of earlier orders on the subject.3. Ext. R-l reserves thirteen per cent, of the seats for the M. B. B. S. Course to Ezh'avas, nine per cent, to Muslims and three per cent, to Latin Catholics inclusive of Anglo-Indians. The first question for consideration is whether these reservations can be sustained in the light of Articles 14, 15 and 29 of the Constitution.4. Article ,14 of the Constitution, provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Clau...
Tag this Judgment!P.K. Saraswathi Ammal Vs. P.S. Krishna Iyer
Court: Kerala
Decided on: Apr-02-1964
Reported in: AIR1965Ker226
T.C. Raghavan, J. 1. A short but important question relating to the interpretation of Section 14 of the Hindu Succession Act of 1956 comes up for consideration in this case.2. A Mithakshara Hindu died leaving his widow and two sons, the respondent and his younger brother Rama lyer, the husband of the appellant. Rama lyer also died leaving his widow, the appellant, and no children. The respondent, his mother and the appellant effected a partition in December 1952, under which some properties were given to the appellant and the other properties were jointly left with the respondent and his mother. A portion of the lands allotted to the appellant was subsequently acquired by the Government towards the end of 1956 after the Hindu Succession Act came into force; and the appellant and the respondent both laid claim to the compensation money. The Government referred the matter to the Court and both the tower Courts have held that the respondent alone is entitled to the amount and the appellan...
Tag this Judgment!ittiravi Namboodiri and ors. Vs. Krishnankutty Menon and ors.
Court: Kerala
Decided on: Apr-02-1964
Reported in: AIR1964Ker298
Mathew, J.1. This is an appeal by plaintiffs 1, 3, 8 and 10 from a decree in a suit for recovery of possession of the plaint schedule property on the basis of title. The plaint schedule property belonged to the illom of the plaintiffs. The mother of defendants 1 to 5 executed Ext. A lease deed on 24-4-1116 in favour of Narayanart Namboodiri, the father of the 1st plaintiff and the karnavan of the illom, and got possession of the plaint property. The lease was for a period of six years from 1117, but it was to terminate only during the agricultural season viz., between the 30th of Makaram and the 30th of Meenam in 1123. The rent fixed in Ext. A was 350 paras of paddy. Under it the lessor received a muppatom of Rs. 1,000/- as security for the due payment of rent : and it was provided therein that the lessee would be entitled to deduct 100 paras of paddy out of the rent fixed as interest on the muppattom amount. It also authorized the lessee to deduct 80 paras of paddy out of the rent fix...
Tag this Judgment!G. Chandrasekhara Pillai Vs. K. Karthikeyan
Court: Kerala
Decided on: Apr-02-1964
Reported in: AIR1964Ker277; 1964CriLJ549
P. Govinda Menon, J. 1. This is an appeal filed by Sri G. Chandrasekhara Pillai under Section 417(3), Cri. P. C. against the order of the District Magistrate, Trivandrum acquitting the accused (respondent) who was tried for an offence of defamation punishable under Section 500 of the Indian Penal Code. 2. The complainant is an Ex-Minister, a member of the Kerala Legislative Assembly and was the president of the Trivandrum District Textile Printing and Allied Mills Industrial Cooperative Society Limited (hereinafter referred to as the Society). The accused Sri Karthikeyan is the Editor, Printer and Publisher of the evening daily paper 'Pothujanam', published at Trivandrum which is said to have a wide circulation not only in the Trivandrum City but in other places in the Kerala State. In the issue of the paper dated 27th March 1962 an article was published purporting to be from the Newspaper's own correspondent, entitled 'Bogus Company for nine lakhs' with sub-headings printed in bold he...
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