Kerala Court November 1971 Judgments
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Radhakrishna Films (P) Ltd. Vs. Chandy Varughese and ors.
Court: Kerala
Decided on: Nov-10-1971
Reported in: AIR1972Ker122
ORDERE.K. Moidu, J.1. This Civil Revision Petition by a creditor arises from an insolvency proceeding wherein one deceased Mathai Chandy was sought to be adjudicated upon as an insolvent. The petitioner obtained two decrees of about Rs. 50,000/- against Mathai Chandy, whose sons and daughters-in-law are respondents before this Court. Within three months before the filing of the Insolvency Petition Mathai Chandy assigned away a decree which he had obtained against a third party for about Rs. 8500/- in favour of the respondents for a nominal sum of Rs. 500/- with a view to defeat or delay the rights of the petitioner. So alleging the conduct of Mathai Chandy as an act of insolvency the aforesaid petition was filed before the Subordinate Judge but that petition was dismissed on 31-8-1965. As against the order of dismissal, an appeal was filed before the District Court, Kottayam. on 14-2-1966. There was a delay of 31 days in filing the said appeal. So a petition was also filed under Sectio...
Collector of Customs and Central Excise, CochIn and anr. Vs. Kesava Re ...
Court: Kerala
Decided on: Nov-10-1971
Reported in: AIR1972Ker120
Raghavan, C.J. 1. The appellants are the Collector of Customs and Excise. Cochin and the Union of India, the respondent being the petitioner in the writ petition giving rise to the appeal, a gold dealer in Quilon. The officers of the Customs and Excise Department searched the shop of the respondent and seized several items of gold ornaments which are enumerated in Ex. P3 from an anteroom in the shop kept in packing boxes kept inside a wooden almirah: and in consequence of the said seizure, the ornaments were confiscated and in addition, the respondent was directed to pay a penalty of Rs. 1000/-. However, the respondent was allowed to redeem the ornaments on payment of Rs. 6000/-, It was against this order that the writ petition was filed; and a learned Judge of this Court allowed the writ petition and quashed Ex. P3 directing the first appellant to return the confiscated ornaments ajid also to refund the fine, if any, recovered from him. In appeal, the said order of the Single Judge is...
Mathai Thomas and anr. Vs. Yohannan Kunjamma and ors.
Court: Kerala
Decided on: Nov-10-1971
Reported in: AIR1972Ker130
Raghavan, C. J. 1. In these ap-peals against second appeals, only one Question is involved, viz., whether Ex, A (the documents are marked Ex. A in all the cases) evidences a lease or a mortgage. The lower appellate court and the second appellate Judge have held that the documents evidence transactions of kuzhikanam. (The second appellate judgment is in Mathai Thomas v. Yohannan Kunjamma. 1971 Ker LJ 427). The appeals are directed against the said decision. 2. The learned Judge has considered a few decisions and has based his conclusion mainly on the Full Bench decision of this Court in Krishnan Nair V. Perumbalath Kizhakkinivakath Manak-kal Karnavan. 1967 Ker LT 78 = (AIR 1970 Ker 270 (FB)) and the Division Bench ruling of this Court in A. Jaga-thamma v. Raghavan Pillai. 1970 Ker LT 469. where the Division Bench has followed the decision of the Full Bench. Some reliance appears to have been placed before the learned Judge by the counsel of the appellants on the decision of the Supreme ...
Annamma Paul Perincherry Vs. Commissioner of Wealth-tax
Court: Kerala
Decided on: Nov-10-1971
Reported in: [1973]88ITR204(Ker)
Govindan Nair, J.1. These are references under Section 27(1) of the Wealth-tax Act, 1957. The assessment years are 1960-61. 1961-62 and1962-63. The assessee in all these years is the same individual, and the question which is a common one for all the three years referred to us is in these terms :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in upholding the inclusion ol Rs. 75,000 in the net wealth of the assessee for the assessment years 1960-61, 1961-62 and 1962-63?'2. During the assessment to income-tax of the same assessee for the years 1957-58, 1958-59 and 1959-60, additions have been made to the disclosed income on the basis that the assessee had been carrying on other business benami for the assessee in the name of Raman and Company. Large amounts were therefore added to the income by the assessing authorities and it is on the basis that this income was available with the assessee as an asset on the respective valuation dates whi...
Commissioner of Income-tax Vs. Shri Shaila Industrial and Spiritual Co ...
Court: Kerala
Decided on: Nov-09-1971
Reported in: [1973]87ITR175(Ker)
1. These are cases referred under Section 66(1) of the Indian Income-tax Act, 1922, (hereinafter referred to as 'the Act'), at the instance of the assessee. The question referred is :' Whether, on the facts and in the circumstances of the case, the assessee is entitled to exemption under Section 4(3)(i) of the Indian Income-tax Act, 1922?'This is a common question. The assessee, Shri Shaila Industrial & Spiritual Colony Charities, a registered society under the Societies Registration Act, 1860, for the six assessment years 1952-53, 1953-54, 1954-55, 1955-56, 1956-57 and 1957-58 claimed exemption of its income from tax under Section 4(3)(i) of the Act. That section, omitting the proviso is in these terms:'4. (3)(i) Subject to the provisions of Clause (c) of Sub-section (1) of Section 16, any income derived from property held under trust or otherlegal obligation wholly for religious or charitable purposes, in so far as such income is applied or accumulated for application to such religio...
A.D.M. Stubbings and anr. Vs. Shellamuthu and anr.
Court: Kerala
Decided on: Nov-09-1971
Reported in: 1972CriLJ968
ORDERK. Sadasivan, J.1. The revision petitioners are accused in C. C. 66 of 1971 on the file of the First Class Magistrate's Court Devicolam. They represent the Chokkanadu Estate. Kanan Devan Hills. Against them the complaint was preferred by one Shellamuthu under Section 500, I. P.C. alleging that the revision petitioners published defamatory imputations against him intending to harm his reputation. He was dismissed from the service of the Estate as it was reported to the Estate that firewood was stolen by him from the Estate and sold in the market. The dismissal was preceded by an inquiry by the management at which it was found that the charge levelled against the respondent was true. After the dismissal he filed the present complaint before the Magistrate alleging that the imputation of their made against him was made with the malicious intention of injuring his reputation and lowering him in the eyes of the public and the members of the S. I. P. Union. Munnar of which he was an off...
T.A. KamaluddIn Vs. T.N. Abdul Salim and anr.
Court: Kerala
Decided on: Nov-08-1971
Reported in: 1972CriLJ1160
ORDERE.K. Moidu, J.1. The petitioner in both these revision petitions is the accused in Crime No. 708 of 1971 of the Cantonment Police Station. Trivandrum. As against the petitioner and another person the 1st respondent laid a complaint before the District Magistrate, Trivandrum. on 22-9-1971. alleging offences under Sections 406, 419. 420,465, 468 and 471 I. P.C. in respect of K. L V 1303. an Ambassador Sedan car. The allegation was that the 3rd respondent, S. Vasumathi. registered owner, sold the car on 19-12-1968 to one Remla Beevi. who was the mother-in-law of the petitioner and sister of the 1st respondent, that she, in her turn sold the same on 2-6-1969 to the 1st respondent and that Remla Beevi and the 1st respondent jointly entrusted the car to the petitioner on 15-7-1969 for his use with the direction by the 1st respondent that he should return the car to him whenever called upon to do so. But in spite of the demand it is alleged that the petitioner did not return the car. Hen...
S. Narayanaswami Vs. Padma and anr.
Court: Kerala
Decided on: Nov-08-1971
Reported in: 1972CriLJ985
T.C. Raghavan, C.J.1. The appellant filed an application before this Court for transferring a criminal case pending against him from the file of the court of the District Magistrate. Trichur to the file of the court of the District Magistrate, Quilon. A learned Judge of this Court dismissed the application; and the appellant seeks to file the appeal against that order.2. Mr. Thayyil K. Vasudevan, the counsel of the appellant, argues that the appeal is competent under Section 5(i) of the Kerala High Court Act which reads:An appeal shall lie to a Bench of two Judges from-(i) a Judgment or order of a Single Judge in the exercise of original jurisdiction.The question for us to decide is whether the order passed by the Single Judge is in the exercise of original jurisdiction.3. The decision of a Division Bench of this Court in Ouseph v. Pylee 1957 Ker LT 1221 has been brought to our notice. In that case, the appellant filed an appeal before a Division Bench against an order appointing a rec...
K.V. Sahadeva Kurup Vs. State of Kerala and ors.
Court: Kerala
Decided on: Nov-05-1971
Reported in: (1972)IILLJ68Ker
M.U. Isaac, J.1. The petitioners were appointed as lower division clerks in the Revenue Department, in Trivandrum District, white respondents 3 to 6 in O. P. 2281 were appointed as lower division clerks in the same department in the Malabar area. The appointments of these respondents were earlier in point of time. All the appointments were made after the Kerala State and Subordinate Services Rules, 1958, came into force. As per G.O. MS. 4/PD (Services), dated 2-1-1961, a person transferred from one district to another district would take the lowest rank in his cadre in the district to which he is transferred. By G.O. MS. 29/68/RD, dated 16-1-1968, the lower division clerks appointed in the Revenue Department in the Malabar area up to 19-12 1962 were exempted from the said rule. Accordingly, these lower division clerks, if they are transferred to another district, would take their rank in the new district on the basis of their first appointment. Some persons availed of the above exempti...
Ratnamma Palat Vs. Parakkot Muhammadunni
Court: Kerala
Decided on: Nov-05-1971
Reported in: 1972CriLJ1652
ORDERK. Sadasivan, J.1. The learned Executive First Class Magistrate. Ottapalam has stayed the proceedings in M. C. 15/69 under Section 3 of Act 20 of 1970. The M. C. was taken under Section 145 of the Code of Criminal Procedure as it was reported that the dispute between the A party and the B party over possession of the property is likely to lead to breach of peace. The property involved is an extent of 1015.47 acres of malavaram known as Uppukulam Malavaram. These properties belong in jenmom to Puthiya Kovilakam Padayankkattu Kozhikode. The Receiver appointed by the High Court of Madras for the administration of the properties of the kovilakam granted a kanom demise to Sri. R. M. Palat. who in his turn bequeathed the properties on kanom to his son Dr. Raman Palat under a will This Raman Palat left for U. K. leaving a power of attorney to his mother who is A party No. 1 and she in her turn executed another power of attorney in favour of Sankaran Palat who is A-party No. 2 B-party set...
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