Kerala Court December 1967 Judgments
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Neelakanta Iyer Subramania Iyer Vs. Ramakrishna Iyer Venkitachalam Iye ...
Court: Kerala
Decided on: Dec-22-1967
Reported in: AIR1969Ker31
Isaac, J. 1. This is an appeal by the second plaintiff in O. S. No. 110 of 1119 in the Court of the erstwhile Second Judge, Alleppey from an order under Section 144, Civil P. C. The suit was for recovery of 47 acres of paddy land with mesne profits from defendants Nos. 6 and 7, on deposit of Rs. 10,800. The suit was dismissed with costs. But in A. S. No. 336 of 1124 (T), it was decreed with costs by the Travanoore-Cochin High Court. Pursuant to the decree of the High Court, the second plaintiff recovered possession of the property on 3-4-1954. Defendants Nos. 6 and 7 filed C. A. No. 744 of 1957 in the Supreme Court against the decree of the High Court. The appeal was allowed by the Supreme Court with costs, by its judgment dated 30-3-1961. Thereupon an application under Section 144 Civil P. C. was filed by defendants Nos. 6 and 7 on 12-6-1961 for restoration of the property with mesne profits. Though the application was resisted by the second plaintiff on several grounds, the property ...
P. K. Balachandran Vs. Controller of Estate Duty, Ernakulam.
Court: Kerala
Decided on: Dec-20-1967
Reported in: [1968]70ITR632(Ker)
RAGHAVAN J. - This reference is by the Central Board of Direct Taxes, New Delhi, under section 64(1) of the Estate Duty Act of 1953; and the question referred is :'Whether, on the facts and in the circumstances of the case the properties devolving under the will of Sri P. K. Pillai, the predeceased husband of the deceased, were correctly included in the estate of the deceased as property passing on her death under the provisions of the Estate Duty Act, 1953 ?'A person named P. K. Paillai died in 1935 leaving his widow, Parvathi Pillai Karthyayani Pillai, and six sons, one of whom is the applicant before us, one of the persons accountable. P. K. Pillai left a will (annexure 'C') dated 30th September, 1933, under which his widow obtained possession of the properties left by him, movable and immovable, in Travancore State. Regarding the properties of P. K. Pillai in Malaya there was another will dated 7th February, 1935 (annexure 'E') with which we are not concerned in this reference. Kar...
State of Kerala Vs. Pathumma and anr.
Court: Kerala
Decided on: Dec-18-1967
Reported in: 1969CriLJ697
K. Sadasivan, J.1. Both these appeals are by the State against the order of acquittal passed by the appellate Judge in a case charged under Section 7(1) and (2) of the Suppression of Immoral Traffic in Women and Girls-Act, 1956 (shortly stated 'the Act'). The-accused in the case were : (1) P. Rajan, aged 26, (2) C. Pathumma, aged 23, and (3) P. Balararnan, aged 23. The last-mentioned person is the watchman of the Corporation Rest-house, Calicut.2. The case is that accused Nos. 1 and 2 were found carrying on prostitution in room No. 3 of the rest-house and that the third accused was instrumental in bringing, them together and encouraging them to carry on prostitution. At 2 a.m. on 26.1.1966, P.W. 1, the Dy.S.P. made a surprise raid of the room and accused 1 and 2 were caught red-handed in the act of prostitution. Room No. 3 is a suite of rooms with a main room and a dressing room attached to it. The dressing room is on the southern side and it leads to the bath-room and the closet on th...
Thankappan (P.K.) Vs. Vidhyarambham Press and Book Depot and ors.
Court: Kerala
Decided on: Dec-11-1967
Reported in: (1969)ILLJ323Ker
V. Balakrishna Eradi, J.1. This appeal arises out of a suit filed by the appellant herein in the District Court, Alleppey, as O.S. No. 2 of 1961, for recovery of a sum of Rs. 10.000 from the defendants (respondents herein) by way of damages for alleged infringement of copyright.2. Defendant 1 is a private limited company doing business in printing, publishing and selling books and defendant 2 is the manager of the aforesaid, company. Defendant 3 is the wife of defendant 2. One N. H. Haran had been shown as defendant 4 for the reason that the publication complained of had been made by defendant 1 mentioning his name as the author, but daring the course of the trial it was admitted on all hands before the lower Court that the aforesaid name was only a pseudonym used by defendant 2 and did not relate to any real person. Accordingly, relief was pressed for only as against defendants 1 to 3 and th y alone have been impleaded as respondents 1 to 3 in this appeal.3. The plaintiff's case is th...
P. Gangadharan Pillai Vs. Controller of Estate Duty, Ernakulam
Court: Kerala
Decided on: Dec-06-1967
Reported in: AIR1968Ker295
Isaac, J.1. These two references arise out of an order passed by the Central Board of Revenue on 18-3-1910 in Estate Duty appeal No. KL 28, and they relate to the assessment of estate duty under the Estate Duty Act, 1953 (hereinafter referred to as the Act) on the property passing on the death of one Sri Parameswaran Pillai of Quilon, who died on 13-5-1956. The applicant in these references is one of the accountable persons. He delivered to the Assistant Controller of Estate Duty, Ernakulam, a statement of account of all the properties in respect of which the estate duty is payable, showing a total value of Rs. 2,04,861/-. After scrutiny of the statement, and giving the accountable persons due opportunity of being heard in the matter, the Assistant Controller determined the principal value of the estate at Rs. 9,16,321/-, and the estate duty payable thereon at Rupees 1,33,560/-.2. The controversy before the Assistant Controller related only to the following matters:(i) The deceased Par...
Swaraj Motors Private Ltd., Kottayam Vs. T.R. Raman Pillai and anr.
Court: Kerala
Decided on: Dec-01-1967
Reported in: AIR1968Ker315
Isaac, J. 1. This is an appeal by the first defendant in an action for damages for personal injuries The plaintiff is an advocate practising in the District Court at Kottayam. The first defendant is an incorporated Company called the Swaraj Motors (Private) Ltd., which is engaged, among other things, in the operation of stage carriages. One of its motor buses, K. L K. 3026 was running express service between Ernakulam and Kottayam. At 9.45 A. M. on 9-1-1959, the plaintiff got into this but at Kaduthuruthi for going to Kottayam. At 10.45, after the bus had proceeded some distance, it capsized at a place called Adichira, while negotiating a curve and giving side for another bus coming in the opposite direction. The plaintiff was thrown off and fell under the bus, as a result of which he Buffered a compound fracture of the bone of the lower part of the left leg, a lacerated wound on the right toe and an abrasion on the dorsum of the right foot. The plaintiff was immediately taken to the K...
P. Gangadharan Pillai Vs. Controller of Estate Duty, Ernakulam.
Court: Kerala
Decided on: Dec-01-1967
Reported in: [1968]70ITR640(Ker)
ISAAC J. - These two reference arise out of an order passed by the Central Board of Revenue on April 16, 1960, in Estate Duty Appeal No. KL 28; and they relate to the assessment of estate duty under the Estate Duty Act, 1953 (hereinafter referred to as the Act) on the property passing on the death of one Sri Parameswaran Pillai of Quilon, who died on May 13, 1956. The applicant in these references is one of the accountable persons. He delivered to the Assistant Controller of Estate Duty, Ernakulam, a statement of account of all the properties in respect of which the estate duty is payable, showing a total value of Rs. 2,04,861. After scrutiny of the statement, and giving the accountable persons due opportunity of being heard in the matter, the Assistant Controller determined the principal value of the estate at Rs. 9,16,321, and the estate duty payable thereon at Rs. 1,33,560.The controversy before the Assistant Controller related only to the following matters :(i) The deceased, Parame...
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