Kerala Court January 1970 Judgments
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Mathai Varghese Vs. Kuriacko Chacko
Court: Kerala
Decided on: Jan-28-1970
Reported in: 1970CriLJ1170
ORDERE.K. Moidu, J.1. The short point that arises for determination in this petition is whether an Executive First Class Magistrate proceeding with an enquiry under Section 145, Criminal P. C., in respect of an immovable property is bound to cancel the interim order passed under Sub-section (1) of Section 145 or to stay the proceedings thereof and forward the records of the proceedings to a Civil Court of competent jurisdiction, to decide the question whether any or which of the parties was in possession of the subject-matter of the dispute it one of the parties to the proceedings filed a suit in such Civil Court in respect of the same subject-matter.2. The respondents herein are the complainants before the Executive First Class Magistrate and the petitioners are the opposite party. There was an interim order in the instant case under Sub-section (1) of Section 145, Criminal P. C., placing the disputed property under attachment pending the dispute and appointing the Village Officer, Et...
The South India Rubber Works Vs. the Assistant Collector of Central Ex ...
Court: Kerala
Decided on: Jan-27-1970
Reported in: 1979(4)ELT156(Ker)
P. Govindan Nair J.1. The short question in this petition is whether 'rubber component' the expression used in Ext. P1 notification of exemption issued under Rule 8(1) of the Central Excise Rules, 1944, meant the same thing as 'rubber compound' used in Ext. P2 notification also issued under the same rule in supersession of the earlier notification.2. The article with which 1 am concerned admittedly falls under sub-item (3) of Item 16 of the first Schedule to the Central Excises and Salt Act, 1944. By Ext. P1 such articles were exempted from the whole of the duty of excise leviable under Section 3 of the Act if the 'rubber component' in the articles is nil or less than forty per cent by weight. The petitioner was granted exemption by Ext. P1 and articles were exempted evidently because the 'rubber component' of the article was less than of forty per cent weight He was however asked by Ext. P 3 notice issued by the Range Officer, Alleppey, to pay a sum of Rs. 12,076.83 on the basis that ...
V.J. Thomas Vs. State of Kerala
Court: Kerala
Decided on: Jan-23-1970
Reported in: AIR1970Ker273b; 1974CriLJ849
ORDERE.K. Moidu, J. 1. This Criminal Petition by one V. J. Thomas is directed against the order dated 23-8-1969 by the Sub-Magistrate, Chengannur, refusing to issue certified copies of (1) Police Refer Charge-sheet in Crime No. 94/68 of the Chengannur police station, and (2) the order passed thereon by the Sub-Magistrate on the basis of his copy application dated 7-8-69.2. The facts which led to the filing of this Revision petition may be stated as follows: The petitioner is the owner of a car M.S.W. 5585, which was driven by a driver employed by the petitioner. On 24-5-68 when the driver was taking out the car, there was an accident in which one Varkey Annamma sustained injuries as a result of the car dashing against her. On that account she lodged a first information in the police station. Chengannur, and the Sub-Inspector in-charge of the police station registered crime No. 94/68 against the driver of the car for his rash and negligent driving which resulted in injuries to the first...
Oriental Timber Industries, Chalakudy Vs. the Range Officer, Central E ...
Court: Kerala
Decided on: Jan-21-1970
Reported in: AIR1970Ker271
Raghavan, J. 1. The writ petition which has given rise to this appeal was to quash Ex. P-5 and other documents like Ex. P-2 which led to Ex. P-5. The appellant was the petitioner and lie was a manufacturer of plywood circles to be used as component parts of packing materials for wire and cables. He used to be assessed to duty under the Central Excises and Salt Act of 1944 on the basis of the total area of the circles he manufactured, and the duty used to be collected from him when these circles were issued out of the factory premises. Some audit objection appears to have been taken regarding the mode of assessment. The Audit indicated that the levy of excise duty must be on the total area of the blocks or panels of plywood that came out of the press and not on the area of the circles cut out of the blocks. It was also pointed out by the Audit that the cutting of the blocks' into circles did not form part of the manufacture of plywood but formed part of the manufacture of the circles --...
Kunchathy Sadasivan Vs. Vasu Asan Rajagopalan and ors.
Court: Kerala
Decided on: Jan-21-1970
Reported in: 1971CriLJ159
ORDERE.K. Moidu, J.1. In this revision petition, P.W. 1, Sadasivan, the first informant in Crime No. 278/68, Quilon East Police Station, challenges the order of acquittal passed in 0. 0. 356/69 on the file of the court of the Sub-Magistrate, Quilon 1. in favour of the respondents-accused, who stood charged for the offences Under Sections 447 and 427 read with Section 34, Penal Code.2. The case against the respondents was that on the night of 30-10-68 at about 1 a. m. they in furtherance of a common intention to commit mischief and trespass forcibly entered upon the property described as a purayidom, which was in the possession of the wife of P.W. 1 thereby causing a loss of Bs. 25/. on account of the demolition of a fence on the southern side of the property and there, after uprooting some 200 vegetable plants thereby causing a further loss of Rs. 200/. and instead they planted tapioca plants in 8 cents of the said property by putting up a fence on the western side of a portion of the ...
P.K. Kunju Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jan-20-1970
Reported in: AIR1970Ker252
1. After the general elections in March 1967, what was popularly known as the United Front Ministry took office in this State on 6-3-1967, headed by the 3rd Respondent (Sri E.M.S. Namboodiripad) as the Chief Minister. The personnel of the Ministry was drawn from seven different political parties, viz., the Marxist-Communists (C.P.I.M.), the Communist Party of India (Rightists or Right Communists --C.P.I.), the Revolutionary Socialist Party (R.S.P.), the Muslim League, the Samyuktha Socialist Party (S.S.P.), the Karshaka Thozhilali Party (K.T.P.) and the Kerala Socialist Party (K.S.P.). The Chief Minister belonged to the Marxist Communist Group, and the petitioner, who was the Finance Minister, to the S.S.P. It is of some relevance to mention that the Speaker of the Assembly was a Member of the S.S.P., and that Sri. Willington, the Health Minister, belonged to the K.T.P. There was a Co-ordination Committee drawn from the ranks of all the coalition parties, and of which all the Ministers...
State of Kerala Vs. P.K. Rajan
Court: Kerala
Decided on: Jan-20-1970
Reported in: 1970CriLJ1314
E.K. Moidu, J.1. This appeal by the State is against the acquittal of the 1st accused in O.G. 20/69 by the District Magistrate (Judicial), Kottayam, in respect of an offence under Sections 7(1) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1951 (Act 37 of 1954).2. On the morning of 12-12-68 at about ,10.30 a.m. the predecessor of P. W. 1, Food Inspector, Kumarakam Panchayat, one deceased Itticheriya, went to the Kumarakam market accompanied by his peon, P. W. 2, Rajappan when they intercepted adulterated Ice candy which was being carried by the 1st accused-respondent for gale in an Ice box within the market, out of which Itticheriya purchased 80 Ice candy sticks worth Rs. 1-50 from the respondent and in token of the receipt of the amount the respondent issued Ext. P-3 receipt. Then Ext. P-1, Form No. 6 notice was issued by the Food Inspector to the respondent, which was also acknowledged by him. The sample taken by the Food Inspector was divided into 3 parts and they were...
Thiruvanchan Sankaran Vs. Kunjipillai Amma Gouri Amma and ors.
Court: Kerala
Decided on: Jan-16-1970
Reported in: AIR1970Ker310
M. Madhavan Nair, J.1. This appeal is in a suit for recovery of landed property with incidental reliefs. The Munsif dismissed the suit finding the plaintiff to have failed to prove possession with herself or her predecessor within 12 years of the suit. The Subordinate Judge, on appeal, decreed the suit holding her to have given sufficient evidence to show her possession within 12 years prior to the suit. Hence this second appeal by the 1st defendant.2. Though the finding of the Subordinate Judge that 'there is sufficient evidence to show that the plaintiff has been in possession within 12 years prior to the date of the suit' was sufficient for decreeing the suit, he has cited Vaidhyanathaswamy v. Lakshmi Amma, 1962 Ker LT 577 and observed 'if the oral evidence on both sides is to be treated as equally unsatisfactory, the case should have been decided on the basis of the presumption arising from title'. Counsel for appellant challenged that proposition and canvassed its reconsideration....
Jacob Onden Vs. Rev. Stanley Padingadan
Court: Kerala
Decided on: Jan-14-1970
Reported in: 1970CriLJ1311
E.K. Moidu, J.1. The appeal by a private-complainant before the Additional First Class Magistrate, Tellicherry is directed against the order acquitting the respondent-accused in respect of an offence under Section 500, Penal Code. The complaint was filed on 15.5.68. The complainant examined as P. W. 1, Jacob Onden is a regular and active member of the Pastorate, Tellicherry which is a unit of the Church of South India Diocese of the North Kerala. He has been working as a lay preacher in the various Pastorates within the Diocese on the invitation of the Presbyter incharge in recognition of his character, ability and knowledge under the instruction of the. head of the Diocese. He has also been chosen by the Education department of the Government of Kerala to address students of High Schools and Colleges on Psychophysical exercise, art of talking and other useful subjects of educative value. For a while he was also an active and Executive Committee member and instructor of Sree Narayana M...
Kummali Abubukker and ors. Vs. Vengatt Marakkar
Court: Kerala
Decided on: Jan-08-1970
Reported in: AIR1970Ker277
Narayan Pillai, J. 1. The appellants are defendants 1 to 3 and the legal representatives of the fifth defendant. The suit is for declaration that the marriage conducted on 25-8-1900 between the first and second defendants is invalid. Second defendant is third defendant's daughter. Fifth and sixth defendants are brothers. Third defendant is fifth defendant's daughter. Plaintiff was her husband. After second defendant's birth plaintiff ceased to maintain the third defendant. Then she filed a suit against him for dissolution of marriage. After that plaintiff in his turn in the same year instituted a suit against her for restitution of conjugal right. In the meanwhile he contracted another marriage. He has 4 children through that alliance. After trial while the suit for restitution of conjugal right was dismissed the other suit for dissolution of marriage was allowed. The appeal filed from the decree refusing restitution of conjugal right was dismissed. It was thereafter that the present s...
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