Kerala Court January 1965 Judgments
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P.K. Thomas Vs. the Indian Relief Bank Ltd., Madras and anr.
Court: Kerala
Decided on: Jan-25-1965
Reported in: AIR1966Ker141
Madhavan Nair, J. 1. The petitioner is the appellant in A. S. No. 88 of 1963 on the file of this Court. That appeal is from a decree of the District Court, Quilon. for Rs. 52,000 odd with interest from 1953 and costs: and as such can he heard only by a Division Bench, When the petitioner's application (under O. XL1. R. 5(1) C. P. C.) for stay of execution of fhe decree pending the appeal came up for orders before Raman Nayar, J. on December 16, 1964. Mr. Paikaday challenged the jurisdiction of a Single Judge to hear it The learned Judge overruled the challenge and passed the impugn ed order granting slay 'on condition that petitioner deposits at least Rs. 20,000 into the lower court on or before 1-24965'. This Original Petition, filed under Articles 226 and 227 of the Constitution, is to 'call up the records of the proceedings and quash the order impugned herein' by a 'writ of Certiorari, or such other writ, order or direction, as to this Court seems just and proper' and it has been or...
Official Receiver, Palghat District Vs. Kutilingal Itty's son, Krishna ...
Court: Kerala
Decided on: Jan-04-1965
Reported in: AIR1965Ker156
ORDERT.C. Raghavan, J.1. This is a case where the learned District Judge of Palghat has reversed a fairly well considered decision of the learned Subordinate Judge of Ottappaiam, in a proceeding under sections 53 and 54 of the Provincial Insolvency Act on grounds which are untenable in law and wrong on facts.2. Kunhimamu, the mortgagor under Ex. B 1, which is sought to be annulled by the Official Receiver, was having business in Ceylon. The respondent, who is a neighbour of Kunhlmamu in his native village in Malabar, was also Having business in Ceylon. They were admittedly friends from childhood and were also having dealings with each other. In 1053 Kunhimamu was in financial difficulties in Ceylon and a suit was instituted against him in the District Court of Colombo by Narayanan and summons was served on him on 12th November. Other suits were also filed against him in Colombo and at least one of them was decreed in August, The suit filed by Narayanan was also decreed in December. Kun...
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