Kerala Court November 1967 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Narayanan Namboodiri Karnavan Vs. Appukutty Nair and ors.
Court: Kerala
Decided on: Nov-30-1967
Reported in: AIR1969Ker34
T.S. Krishnamoorthy Iyer, J.1. The suit instituted by the plaintiff who is the appellant for declaration of his title to and for recovery of the plaint schedule property was concurrently dismissed by the Courts below.2. The plaint property admittedly belongs to the Illom of the plaintiff. The plaintiff's case is that it was entrusted to the first defendant who was the kariastha of the Illom for some time by the plaintiff's father deceased Kesavan Nambudi-ri. The first defendant ceased to be the kariastha of the Illom in the year 1132. But out of consideration for the first defendant the property was not resumed and he was allowed to be in enjoyment of the property. The first defendant executed Ext. A-l lease on 12-2-1958 in favour of his son who is the second defendant. In view of Ext. A-l the plaintiff is entitled to recover possession of the property.3. The first defendant while admitting the title of the plaintiff's Illom to the plaint property contended that he is alessee of the pl...
T. Mercy and ors. Vs. V.M. Varughese and State
Court: Kerala
Decided on: Nov-30-1967
Reported in: 1969CriLJ569
ORDERK. Sadasivan, J.1. This is a reference by the 1st Additional Sessions Judge of Trivandrum in M.C. 29/66 on the file of the Addl. First Class Magistrate, Trivandrum. That was a case instituted by a mother and 5 children for maintenance under Section 488 Criminal P.C. The learned Magistrate found that the mother is not entitled to maintenance since she is living in adultery. Even though the paternity of all the 5 children was admitted the counter-petitioner, maintenance was not awarded to the children also, as the Magistrate is of the view that the children are being maintained by the counter-petitioner himself. Learned Additional Sessions Judge has pointed out in his reference order that the view taken by the learned Magistrate is wrong in so far as the counter-petitioner cannot shirk his responsibility to-maintain the children on the plea that he is making occasional payments to them.2. On a review of the position in all its details, I am persuaded to the conclusion that the petit...
Krishna Pillai Raghavan Pillai and anr. Vs. Karthiayani Amma Sarasamma ...
Court: Kerala
Decided on: Nov-27-1967
Reported in: AIR1969Ker26
Raman Nayar, J.1. We think that the first Court was right in dismissing the respondent plaintiff's suit in the view that it was barred by res judicata and that the lower appellate Court was wrong in decreeing it in the view that it was not so barred,2. The five items of property in suit admittedly belonged to a Nayar joint family (governed by the Travancore Nayar Act) known as the Akkaravaram family and were, along with the other properties of the family, in the possession of its Karanavan, Velayudhan, until his death in 1103 M. E. (1927-28 A. D.). Plaintiffs 1 and 2 are the daughters of the 18th defendant, Karthiyani by name; plaintiffs 3 to 6 are the minor children of the 1st plaintiff; and the 7th plaintiff is the minor daughter of the 2nd plaintiff. It is their case that the 18th defendant's mother, Lakshmi, was a sister of Velayudhan. Velayudhan had another sister by name Narayani, and he and the the Vazhees of these two sisters constituted the Akkaravaram joint family to which th...
S.N. Syed Mohammed Saheb and Bros., Calicut Vs. the Commissioner of In ...
Court: Kerala
Decided on: Nov-23-1967
Reported in: [1968]68ITR791(Ker)
Raghavan, J. 1. The question referred to us by the Income-tax Appellate Tribunal is:'Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the income from the properties had been properly assessed in the hands of the firm under Section 28 of the Income-tax Act. 1961 '2. The counsel of the Revenue raises preliminary objection that the question referred does not arise out of the order of the Tribunal. To appreciate this objection a few facts may be noted. The assessee is a registered firm with 17 partners; and the firm has both business income and house property income. The property income for the assessment year 1962-63 came to Rupees 40,515/-. and the assessee claimed that the amount should be assessed under Section 26 of the Indian Income-tax Act of 1961 in the hands of the partners and should not be included in the total income of the firm itself under Section 22. On the other hand, the Department claimed that the income sh...
K.C. Kumaran Vs. Vallabhadas Vasanji and ors.
Court: Kerala
Decided on: Nov-22-1967
Reported in: AIR1969Ker9
V. Balakrishna Eradi, J.1. The plaintiff in O.S. No. 25of 1959 of the Subordinate Judge's Court, Kozhikode, has preferred this Second Appeal challenging the decision of the Courts below dismissing the suit filed by him for recovery of Rs. 10,000 from the defendants by way of damages.2. The plaintiff's case was that on the 15th of May, 1958, while he was proceeding on a motor-cycle from west to the cast along Gandhi Road in Calicut City, a Hill-man car owned by the first defendant and driven by the second defendant dashed against his muter-cycle as a result of which the plaintiff sustained grievous injuries on his right leg necessitating his treatment as an in-patient in the Government Headquarters Hospital for more than six months. It is alleged that the accident was caused on account of negligence on the part of the driver of the car who suddenly reversed the vehicle and later moved southwards without sounding the horn or indicating the direction in which he was trying to proceed.It i...
C.S. Balarama Iyer and anr. Vs. Krishnan Kunchandi
Court: Kerala
Decided on: Nov-21-1967
Reported in: AIR1968Ker240
ORDER1. This C. R. P. is directed against the judgment of the Additional Subordinate Judge of Palghat in C. M. A. No. 47 of 1965. The petitioners in the C. R. P. werp the respondents in the C. M. A.2. The C. M. A. was filed by the respondent before us. It challenged the correctness of the fixation of fair rent by the Lard Tribunal. Palghat, under Section 31 of the Kerala Land Reforms Act, 1963 The fixation was in pursuance of his application. O. A. No. 813 of 1962, which had been renumbered as Application No. 307 of 1964.3. The C. M. A. was filed under Section 102 of the Act. Sub-section (1) of that section, in so far as it is material for the purpose of this case, reads as follows : --'Any person aggrieved by the ordersof the Land Tribunal under . . . Section 81 . . .may appeal against such orderwithin such time as may be prescribed tothe Subordinate Judge having jurisdictionover the area in which the holding or partthereof is situate. He shall hear the appealas a persona designate an...
Parameswaran Nambudiripad Vs. Inspecting Assistant Commissioner of Agr ...
Court: Kerala
Decided on: Nov-21-1967
Reported in: [1969]72ITR664(Ker)
Krishnamoorthy Iyer, J. 1. This is an original petition filed under Article 226 oi the Constitution to issue a writ of prohibition against the respondent who is the Inspecting Assistant Commissioner of Agricultural Income-tax and Sales-tax (Special), Kozhikode, prohibiting him from taking further proceedings for assessing the petitioner as the manager of the Poomuli Mana in the status of a Hindu undivided family to agricultural income-tax for the assessment year 1961-62 pursuant to exhibit P-1 notice dated March 10, 1965, issued under Section 35 and exhibit P-3 notice issued under Section 17(4) of the Agricultural Income-tax Act, 1950.2. The petitioner, Parameswaran Nambudiripad, is a member of Poomuli Mana consisting of a Nambudiri family in Kerala State and the members of the Mana were governed by the Madras Nambudiri Act, 1932 (Act 21 of 1933). Now they are governed by the Kerala Nambudiri Act, 1958 (Act 27 of 1958). The members of the family own considerable items of agricultural l...
Govindji Jevat and Co. and ors. Vs. Cannanore Spinning and Weaving Mil ...
Court: Kerala
Decided on: Nov-16-1967
Reported in: AIR1968Ker310
Raghavan, J.1. The appeal is by the defendants in a suit for return of price of cotton paid under a contract and also for reimbursement of moneys spent bv the respondent (a public limited company as warehouse charges, etc. The respondent entered into a contract with the appellants to purchase 356 bales of cotton of the Hubli Jaya-dhar variety to conform to sample T 3729 at a particular price F. O. R Cannanore. Eighty per cent of the invoice price was to be paid before taking delivery and the balance subsequently. Of the goods despatched, 106 bales were found to be Hubli Jayadhar of an inferior quality: and the rest (250 bales) were found to be of the Laxmi variety from Annagiri and Adoni. The respondent accepted the 106 bales, the Hubli Jayadhar, submitting the dispute regarding their quality for arbitration by the East India Cotton Association, Ltd., Bombay, since the contract contained an arbitration clause. The Association reduced the price slightly, since the quality of the said 10...
Krishnan Sukumaran Vs. Enforcement Officer, Cochin
Court: Kerala
Decided on: Nov-14-1967
Reported in: AIR1968Ker208
Isaac, J. 1. This is a petition under Section 439 of the Criminal Procedure Code for revising an order which the First Class Magistrate. Varkala passed on 30-5-1966 on an application filed before him by the Enforcement Officer. Enforcement Directorate. Ministry of Finance. Government of India. Cochin, he is the sole respondent in this case. The application was not numbered; but it was made in Crime No. 83 of 1966 of the Varkala Police Station, which it had reported to the Court of the above Magistrate on 27-5-1966 2. The petitioner before us is one Krishnan Sukumaran, a resident of Varkala Village in Quilon District The records of the Magistrate's Court, which have been called for, disclose the following facts. At 4 A. M. on 27-5-1966, while the Sub-Inspector of Police. Varkala and party were returning to their station in two motor cars with a few accused persons arrested by them, the Sub-Inspector saw a person standing by the side of the public road near the Mission Hospital, with a f...
Krishnan Sukumaran Vs. Enforcement Officer
Court: Kerala
Decided on: Nov-14-1967
Reported in: 1968CriLJ936
M.U. Isaac, J.1. This is a petition under Section 439 of the Criminal Procedure Code for revising an order which the First Class Magistrate, Varkala passed on 30.5.1966 on an application filed before him by the Enforcement Officer, Enforcement Directorate, Ministry of Finance, Government of India, Cochin. He is the sole respondent in this ease. The application was not numbered; but it was made in Crime No. 83 of 1966 of the Varkala Police Station, which it had reported to the Court of the above Magistrate on 27.5.1966.2. The petitioner before us is one Krishnan Sukumaran, a resident of Varkala Village in Quilon District. The records of the Magistrate's Court, which have been called for, disclose the following facts. At 4 A.M. on 27.5.1966, while the Sub-Inspector of Police, Varkala and party were returning to their station in two motor cars with a few accused persons arrested by them, the Sub-Inspector saw a person standing by the side of the public road near the Mission Hospital, with...
- ‹ Prev
- 2
- Next ›
- Last »