Kerala Court March 1972 Judgments
P. Narayanan Nair Vs. E. Achuthan Nair and anr.
Court: Kerala
Decided on: Mar-29-1972
Reported in: AIR1974Ker51
Subuamonian Poti J.1. Thesubject-matter of the suit from which this appeal arises is the dispute between the plaintiff and the first defendant as to the boundary between their properties. Plaintiff is the owner of Cheria Cheerothum-kalam Mala while the first defendant is the owner of Puthenpeedikamala and the dispute is as to the boundary between these two properties. The plaintiff sued for specification and demarcation of the property comprised in the plaint schedule in accordance with the terms of an agreement reached between the plaintiff and the first defendant earlier and he also prayed for a perpetual injunction restraining the defendants and their men from trespassing upon the plaint property and interfering with the plaintiff's possession. There is a further relief prayed for in the suit and that concerns the claim of damages in respect of trees, if any, cut by the defendants from the plaint property. The plaintiff lost the suit in the court below, that court finding that the s...
Tag this Judgment!K.K. Ramankutty Vs. State of Kerala and anr.
Court: Kerala
Decided on: Mar-27-1972
Reported in: (1972)IILLJ509Ker
P. Subramanian Poti, J.1. The petitioner is the II Member of the Board of Revenue of the Kerala State, now under suspension. Justice M. U, Isaac of This Court had been appointed as Commissioner under the Commissions of Inquiry Act, 1952, to enquire into certain matters relating to the acquisition of land for the Kerala Agricultural University. In the light of the facts that came out in the enquiry conducted by Issac, J., Government contemplated disciplinary proceedings against the petitioner Sri K.K. Ramankutty and this was communicated to him by a memo, dated 12-11-1971, the copy of which is Ext. P-2. Six charges were framed against the petitioner and his statement of defence was called for. At that stage the petitioner came to This Court seeking to quash Ext. P-2 memo of charges on the ground that the charges were, on the face of them, unsustainable. This Court felt that it was too premature to say that the charges were unsustainable and, therefore, the petition O.P. No. 5454 of 1971...
Tag this Judgment!David Daniel Vs. Mrs. Chinnamma Daniel
Court: Kerala
Decided on: Mar-24-1972
Reported in: 1973CriLJ91
ORDERK. Sadasivan, J.1. This revision is by. the husband against an order under Section 488 Cr.P.C. awarding monthly maintenance of Rs. 50/- to the respondent-wife. The parties are Christians and. they were married in August 1948. Their marital life was unhappy from the very beginning, as according to the petitioner his father-in-law was wantonly interfering in his family affairs and was trying to keep him under his thumb. This attitude of the father-in-law was resented by the petitioner and within about two weeks of the marriage the wife was taken away by her father to his house without the petitioner's consent. Some months thereafter, she returned but in 1951 she again left her husband's house, and started residing with her father. She has never returned thereafter. No children were born to the couple. In 1952 she obtained a decree against the petitioner in O.S. 88 of 1952 of the Mavelikara Munsiff's Court for recovery of her Stridhanam and in execution of it the immovable property g...
Tag this Judgment!Vadakkedath Ravunni Nair Vs. State of Kerala and ors.
Court: Kerala
Decided on: Mar-10-1972
Reported in: AIR1972Ker250
ORDERV.P. Gopalan Nambiyar, J.1. The privilege of vending arrack and foreign liquor, during the period from 1st April 1968 to 31st March 1969 in independent retail shops,was sold in public auction by the Government under the provisions of Section 18-A of the Abkari Act 1 of 1077, The petitioner is stated to be a joint bidder in respect of the toddy-shop No. 6/68-69 of Ottappalam Range, his co-bidder or his partner, being the 4th Respondent. The petitioner disputes his having participated in the auction, but the allegation in the counter-affidavit is that the petitioner and the 4th Respondent jointly signed the sale list on 5-3-1968. I shall assume, without deciding at this stage, that the petitioner is a joint bidder, ag the main argument was, that even if he was, the liability now sought to be enforced was not attracted. Three-tenth of the bid amount as required by the conditions of auction was not deposited; nor was any agreement executed as contemplated by the same. A notice of reau...
Tag this Judgment!Lord Krishna Bank Ltd. and ors. Vs. Income-tax Officer and anr.
Court: Kerala
Decided on: Mar-10-1972
Reported in: [1973]91ITR313(Ker)
Narayana Pillai, J.1. The challenge in these petitions filed lender Article 226 of the Constitution by a public limited company, the Lord Krishna Bank Ltd., and two of its directors, is to the validity of four assessment orders passed under the Income-tax Act, 1961 (43 of 1961), for short ' the Act', and relating to the years 1964-65, 1966-67, 1968-69 and 1969-70. The orders in respect of the years 1964-65 and 1966-67 relate to reassessment and those in respect of the remaining years to the original assessment itself. The challenge made is on the basis that Section 2(18) read with Section 2(41) and Section 104 read with Section 108 of the Act and the provisions of the Finance Act, 1964 (5 of 1964), authorising levy of super-tax at a rate higher than 25 per cent, of the total income, the Finance Act, 1966 (13 of 1966), authorising levy of income-tax at a rate higher than 55 per cent., the Finance Acts, 19 of 1968 and 14 of 1969, authorising levy of income-tax at the rate of 65 per cent,...
Tag this Judgment!P.K. Santhakumari Vs. Regional Deputy Director of Public Instruction a ...
Court: Kerala
Decided on: Mar-09-1972
Reported in: (1972)IILLJ450Ker
P. Govindan Nair, J.1. The question that arises in this petition has been directly or indirectly the subject-matter of three decisions of This Court and the case has come up before us because of a reference order which has referred to two of those decisions, the one being in conflict with the other. The decisions are of Gopalan Nambiyar, J. in O.P. No. 1375 of 1968 and of Raghavan, J., as he then was, in O.P. No. 4293 of 1968. Indirectly, the view taken by Gopalan Nambiyar has been accepted by a Division Bench of This Court in O. P. No. 4276 of 1968 to which one of us was a party. The question is when a full-time teacher is appointed under Rule 8 in Chapter XXIII of the Kerala Education Rules whether that full-time teacher can be deputed for work in the upper primary section of a school where there is an upper primary section. It is not disputed that a teacher appointed under the Kerala Education Rules can be asked to work for periods up to 25 hours. No rule has been brought to our not...
Tag this Judgment!Commissioner of Agricultural Income-tax Vs. George Varghese and Co.
Court: Kerala
Decided on: Mar-08-1972
Reported in: [1973]90ITR496(Ker)
Govindan Nair, J.1. This is a reference at the instance of the Commissioner under Section 60(1) of the Agricultural Income-tax Act, 1950 (hereinafter referred to as ' the Act '). The question referred is worded thus :' Whether, on the facts and in the circumstances of the case, the finding of the Tribunal that the income derived by the assessee by slaughter-tapping of rubber trees is not agricultural income is correct '2. The year of assessment is 1965-66 and the corresponding accounting period is that which ended on March 31. 1965. The assessee received certain amounts by selling rubber obtained on slaughter-tapping of rubber trees which stood on the estate of M/s. Woodland Estates Ltd. The question is whether these amounts can be said to be agricultural income within the meaning of that expression as defined in Section 2(a) of the Act.3. It is agreed before us that the question has to be answered in the light of the provisions in the contract between the assessee and the Woodland Est...
Tag this Judgment!M. Ramkrishna Menon Vs. Kerala State Represented by Circle Inspector o ...
Court: Kerala
Decided on: Mar-08-1972
Reported in: 1973CriLJ394
ORDERE.K. Moidu, J.1. This Criminal Revision Petition is directed against the judgment of the Sessions Judge, Palghat, dated 15.12.1971, affirming the decision of the Additional 1st Class Magistrate, Palghat, dated 27.7.1971. The petitioner as the 1st accused was convicted by the learned Magistrate on charges laid under Sections 408 and 477A of the Penal Code and was sentenced under the former section to rigorous imprisonment for 2 years and to pay a fine of Rs, 2000/-; in default to 4 months' rigorous imprisonment and under the latter section to one year's rigorous imprisonment and also to pay a fine of Rs. 1000/-; in default to rigorous imprisonment for 2 months. The learned Sessions Judge confirmed this conviction and sentences in appeal; but the conviction and sentence passed on the 2nd accused have been set aside. So, the 1st accused alone has come up in revision to this Court.2. The petitioner in his capacity as the Secretary of the Vadakkanchery Service Co-operative Bank Ltd. wa...
Tag this Judgment!The Travancore Rayons Ltd. Vs. the Textiles Committee
Court: Kerala
Decided on: Mar-03-1972
Reported in: AIR1972Ker278
ORDERM.U. Issac, J.1. The petitioner is an incorporated company, having a factory at Rayonpuram in Ernakulam District, wherein rayon yarn and cellulose film are manufactured. The term 'textiles' is defined in Section 2(2) of the Textiles Committee Act, 1963'; and ravon yarn is a textile within the meaning of that definition. The Textile Committee Act is a Central enactment to provide for the establishment of a Committee for ensuring the duality of textiles and textile machinery and for matters connectedwith it. The first respondent is the 'Textile Committee, constituted under 'that Act; and respondents 2 and 3 are the Union of India and the State of Kerala respectively.2. Section 4 of the Act lays down the functions of the Committee. Section 11 provides for inspection and examination of textiles and textile machinery. Section 12 empowers the Committee to levy such fees as may be prescribed for such inspection or examination, or for any suchservice which the Committee may render to the ...
Tag this Judgment!Commissioner of Agricultural Income-tax Vs. Kerala Estate Plantations
Court: Kerala
Decided on: Mar-03-1972
Reported in: [1973]89ITR167(Ker)
Govindan Nair, J.1. This is a reference at the instance of the Commissioner of Agricultural Income-tax, Kerala, by the Kerala Agricultural Income-tax Appellate Tribunal under Section 60(1) of the Agricultural Income-tax Act, 1950. The question referred is in these terms :' Whether, on the facts and circumstances of the case, the Tribunal is justified in holding that the interest of Rs. 4,204 is allowable under Section 5(h) or 5(i) of the Agricultural Income-tax Act '2. For the year of assessment 1961-62, in computing the total income of the assessee, the assessing authority added back among other things a sum of Rs. 4,204 being a portion of the claim under interest which the assessee claimed as an allowable deduction. The assessing authority by the order, annexure ' A ' to the statement of the case, dealing with this question in paragraph 6, stated thus :' 6. Interest.--Out of Rs. 16,614'32 paid as interest during the period a sum of Rs. 8,206.29 relates to interest paid on mortgage an...
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