Kerala Court May 1964 Judgments
The Advocate General, Kerala State, Ernakulam Vs. T.V. John
Court: Kerala
Decided on: May-25-1964
Reported in: AIR1965Ker49; 1965CriLJ176
Govinda Menon, J.1. This is an application by the Advocate-General under Section 3 of the Contempt of Courts Act--Act 32 of 1952--for taking action against the respondent.2. The facts that gave rise to this petition are as follows:The respondent was the second defendant in O. S. 523 of 1951 on the file of the Mavelikara Munsiff's court. His brother was the first defendant in the suit. On 9-6-1953 decree was passed against them for recovery of possession of the plaint schedule properties with arrears of rent. The first defendant in the suit got the decree reopened and a fresh decree confirming the reliefs granted by the first decree was again passed on 4-10-1954. In execution of the decree an application was made for the appointment of a Receiver and a. Receiver was appointed on 13-10-1961. On 4-12-1961 the wife of the respondent claiming herself to be in possession of the plaint property under a gift deed executed by the respondent filed a petition for cancellation of the order of appo...
Tag this Judgment!West Coast Weaving Establishments Vs. State of Kerala
Court: Kerala
Decided on: May-25-1964
Reported in: [1964]15STC898(Ker)
M. Madhavan Nair, J.1. This petition has arisen out of an assessment of sales tax on the value of packing materials used in consigning hand-loom fabrics in the course of inter-State trade. The order of assessment by the Assistant Sales Tax Officer, Cannanore, reads :The accounts of the West Coast Weaving Establishment, dealers in handloom cloth, Chovva, for the year 1959-60 were checked and it was found that they have sold handloom cloth for Rs. 3,51,393-23 to parties outside the State of Kerala during the above year. These are inter-State sales coming under the purview of the Central Sales Tax Act, 1956. Under the Act only the sales of handloom cloth are exempt from levy of tax and not the containers....They have purchase packing materials for Rs. 4,174-64 during the year. In the absence of separate accounts showing the sale of containers it was proposed to assess the dealers on the above amount under the Central Sales Tax Act...The dealers...stated that...nothing is charged separatel...
Tag this Judgment!Talengala Narayana Bhatta Vs. Narsimha Batta and ors.
Court: Kerala
Decided on: May-22-1964
Reported in: AIR1965Ker189
K. K. Mathew, J.1. This is an appeal by the 1st defendant from a decree in a suit for setting aside a settlement deed and a will executed toy the plaintiff. The suit was instituted toy the next friend of the plaintiff. The plaintiff died since the filing of the appeal. The plaintiff was about 75 years of age at the time when fie executed these documents. He was a Havik Brahmin toy caste. He had married thrice, but had no children by his first two wives. The third wife is the 2nd defendant. She had two daughters Parameswarl Amma and Adlthiamma by him. The latter is the next friend of the plaintiff. Parames-wari Amma has 7 children, 5 males and 2 females; the 1st defendant is the eldest of them. Adlthlamma has two children, a son and a daughter. The husband of Adithiamma died sometime In 1937 and their children were very young at that time. The properties left by the husband could not be looked after by them. The plaintiff and his wife therefore stayed with Adlthlamma and her children at...
Tag this Judgment!M.K. Rapai and ors. Vs. John and ors.
Court: Kerala
Decided on: May-18-1964
Reported in: AIR1965Ker203
Raghavan, J. 1. The appeal arises out of a suit claiming some reliefs regarding a trust, defendants 3 to 8 being the appellants and the two plaintiff's being the contesting respondents. The 1st plaintiff is a major and the 2nd plaintiff a minor represented by his father as next friend. The matter comes up before this Court for the second time.2. A Christian named Kochu Vareed settled considerable properties in trust under the deed of trust, Ex. P. 1, in December 195S. He executed the supplementary deed of trust, Ex. D 2, in October 1956. Two of the trustees under Ex. P. 1 were the fathers of the two plaintiffs respectively. The father of the 1st plaintiff resigned his trusteeship on 27th May 1957 and the father of the 2nd plaintiff also resigned on 12th March, 1960. The suit was instituted in 1981 containing as many as eleven prayers, of which the last three were reliefs pending suit and regarding costs. We are not concerned with those three. Prayer (h) was abandoned by the plaintiffs ...
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