Kerala Court November 1973 Judgments
State of Kerala Vs. Raghavan Etc.
Court: Kerala
Decided on: Nov-29-1973
Reported in: 1974CriLJ1373
ORDERK. Bhaskaran, J.1. The revision is by the State, and is directed against an order of the learned Additional Sessions Judge, Ernakulam made in Criminal M. P. 525 of 1973 in Sessions Case 30 of 1973. The respondents herein, who were the petitioners (accused) before the Sessions Court had, in and by the said Crl. Miscellaneous Petition, prayed that they might be given a copy of the statement recorded on 14-2-1973 from C.W. 2 Vis-wambharan by the Circle Inspector of Police, Shertallai, during the course of investigation. The objection of the State to the grant of the copy was on the ground that the prosecution did not propose to rely on that statement recorded by Circle Inspector, Shertallai, and therefore the accused were not entitled to it. The learned Additional Sessions Judge however, allowed the petition and directed the Public Prosecutor to make available the copy of statement to the accused before the trial commenced. It is the correctness of this order that is being challenged...
Tag this Judgment!Jolly A.V. and anr. Vs. State of Kerala and anr.
Court: Kerala
Decided on: Nov-28-1973
Reported in: AIR1974Ker178
ORDERP. Subramanian Poti, J.1. The petitioner in O. P. 3782 of 1973 is an employee of the Federal Bank Limited at Ernakulam and the petitioner in the other petition is an employee of the Tata Oil Mills, Tatapuram, Cochin-14. Both of them sought admission to the part-time LL.B. course in the Government Law College, Ernakulam. Their applications have not been considered because, according to the respondents, the admission to the part-time LL.B. course during the current year is regulated by Ext. R-l rules framed by the Government in G. O. Ms. 149/73/ Higher Education dated 19-9-1973 which rules restrict admission to the course to regular employees in the Central and State Government Departments, quasi-Governmental bodies including public Corporations and Government owned companies. Having not been called for interview, they came to this Court on 8th November, 1973 at which time the interview for selection of the candidates had not yet been held.2. Of late, there has been a large rush of ...
Tag this Judgment!Kanjirakkade Koya Vs. Union of India (Uoi) and anr.
Court: Kerala
Decided on: Nov-27-1973
Reported in: AIR1974Ker148
ORDERP. Subramaniam Poti, J.1. The petitioner, a citizen of India and a native of Androth Island which is one among the group of Islands in the Union Territory of Laccadive, Minicoy and Amindivi Islands, challenges Section 9 of the Laccadive, Minieoy and Amindivi Islands (Laws) Regulation 8 of 1965 and Rules 3 to 9 and 14 of the Laccadive, Minicoy and Amindivi Islands (Restrictions on Entry and Residence) Rules, 1967 (for convenience referred to in this judgment as Regulation and Rules respectively) and particularly seeks a mandamus directing the Administrator of such Union Territory to forbear from interfering with the right of the Advocate of the petitioner to move freely throughout the Union Territory of Laccadives. The Androth island is one among the group of islands generally called as Laccadive Islands. Agati, Kavarati and Kalpeni are the other main Islands in this group. These are coral reefs situate in the Arabian Sea away and west of the western shores of the mainland. These I...
Tag this Judgment!State of Kerala and Two ors. Vs. K. Kesavan Nair, Security Officer and ...
Court: Kerala
Decided on: Nov-27-1973
Reported in: (1974)IILLJ300Ker
V. Gopalan Nambiyar, J.1. The 1st respondent, an Armed Reserve Inspector of Police in the Ernakulam District, on deputation as Security Officer to the Plantation Corporation of Kerala, was placed under suspension pending enquiry, by Ext. P3 order dated 31-7-1973. He filed the writ petition out of which this appeal arises to quash the order of suspension. A learned Judge of this Court allowed the writ petition and quashed the order. The State has preferred this appeal.2. While serving earlier, as Home Guards Inspector, Alleppey, certain allegations against the 1st respondent were inquired into by the Commandant-General of the Home Guards, who found them not substantiated, but left it to the Government to make, if necessary, a more searching inquiry through the Vigilance Department, The Government directed a de novo inquiry, and passed Ext. PI order of suspension dated 11th May, 1970. A charge memo was served on 10-6-1970, and explanation was called for from the 1st respondent. The matte...
Tag this Judgment!T.M. Peermohamed Vs. the D.F.O., Tenmala and ors.
Court: Kerala
Decided on: Nov-21-1973
Reported in: AIR1974Ker192
P. Subramonian Poti, J.1. The petitioner is a forest contractor. Pursuant to the notification issued by the Forest Department of the Kerala Government regarding the auction sale of the right of collection and removal of the entire tree growth except the rose wood trees standing or lying felled from the area mentioned in the notification, the petitioner participated in the auction and as he was the highest bidder the bid was knocked down in his favour. He deposited Rs. 10,000 as required by the conditions of the auction. He also executed an agreement on stamp paper to the effect that he will not withdraw from the purchase. He is also said to have signed the sale list.2. The Divisional Forest Officer, Thenmala Range, by his order dated 28-9-1973, Ext. P-3, cancelled the auction held by him and notified a reauction to be held on 19-10-1973. The petitioner has come to this court challenging Ext, P-3 order passed by the Divisional Forest Officer as incompetent. No reasons are indicated in E...
Tag this Judgment!Rt. Rev. Dr. Aldo Maria Patroni, S.J. and anr. Vs. the Assistant Educa ...
Court: Kerala
Decided on: Nov-20-1973
Reported in: AIR1974Ker197
ORDERG. Viswanatha Iyer, J.1. This original petition is directed against the orders Exts. P8. P10, P13 and P14 passed by the Assistant Educational Officer, Tellicherry South. The 1st petitioner is the Bishop of Catholic Diocese, Calicut, and the 2nd peti-tioner is the Manager of St. Peter's U. P. School, Chalil, Tellicherry. The permanent Headmistress of the school retired on 31-3-1969. the 4th respondent was then ordered to be the Headmaster-in-charge of the said school. The 3rd respondent who is the seniormost teacher in the school questioned the action of the 2nd petitioner to appoint the 3rd respondent in charge of the office of the Headmaster. The Assistant Educational Officer upheld her objection and directed the 2nd petitioner to appoint the 3rd respondent as the Headmistress. Though this order of the Assistant Educational Officer was taken up in appeal and revision by the 2nd petitioner, he did not succeed. Thereafter, the 2nd petitioner filed O. P. No. 2506 of 1972 challenging...
Tag this Judgment!N. Rarichan Vs. the Industrial Tribunal and ors.
Court: Kerala
Decided on: Nov-20-1973
Reported in: (1974)IILLJ176Ker
V.P. Gopalan Nambiyar, J.1. We think the learned Judge was right ; and no interference is called for in this appeal. The appellant is a labourer who was dismissed on 27-1-1967, the order of dismissal having been served on 21-1-1967. One month's salary or wages of the workman was also paid on 28-1-1967. Before these, even on 12-1-1967, the management had made an application to the Industrial Tribunal, Calicut, for approval of the action under Section 33(2)(b) of the Industrial Disputes Act, as the dismissal for misconduct was connected with a pending industrial dispute. The Tribunal by Ext. P3 order, granted the approval ; and the appellant-labourer filed a writ petition in this Court to quash the said order. The same was dismissed by the learned Judge, whose judgment reported in 1972 K.L.T. 210. is under appeal.2. Counsel for the appellant stressed the point that on the language of Section 33(2)(b) proviso, read with Form K, prescribed for the making of an application, it was mandatory...
Tag this Judgment!K.G. Sukumaran and ors. Vs. the Executive Engineer, National Highway, ...
Court: Kerala
Decided on: Nov-19-1973
Reported in: AIR1974Ker220
ORDERP. Subramonian Poti, J.1. The petitioners in all these three cases are persons engaged in the business of displaying advertisements and publicity materials on boards and other suitable media. They are paying advertisement tax in respect of the advertisements displayed by them within the limits of the Cochin Corporation. The places in which such advertisements are exhibited are notified by the petitioners to the Corporation in advance and it is said that previous approval is also being obtained from the Corporation.2. The petitioners aver that some of their advertisement boards are erected on the sides of important road junctions but away from the National Highway. According to the petitioners these boards will not in any way cause impediment or obstruction to the traffic nor would it be objectionable on any other account. This business the petitioners have been carrying on for some years now. The advertisement boards are erected either in places owned by private parties or on land...
Tag this Judgment!Mrs. Mariamma Antony Vs. Tahsildar, Udumbanchola Taluk and ors.
Court: Kerala
Decided on: Nov-15-1973
Reported in: [1976]102ITR327(Ker)
Viswanatha Tver, J.1. The petitioner is an assessee to agricultural income-tax. For the years 1971-72 and 1972-73, an amountof Rs. 15,033-64 was due as arrears of agricultural income-tax. Therefore, the Agricultural Income-tax Officer, Kumali, sent a requisition under Section 69(2) of the Revenue Recovery Act of 1968 to the District Collector, Idikki, to realise the same. The District Collector authorised the Tahsildar, Udumbanchola, under Section 73 of the Act to exercise the powers under the said Act for the realisation of the arrears. The petitioner had filed an appeal against the orders of assessment and that was pending when the Agricultural Income-tax Officer made the requisition to the Collector. The Tahsildar, Udumbanchola, furnished the village officer, Ayyappancoil, a demand in writing to proceed with the revenue recovery steps. Coming to know of this the petitioner filed an original petition, O.P. No. 2057 of 1973, before this court and obtained an order of stay in C.M.P. No...
Tag this Judgment!V. Bhaskaran Vs. the Assistant Registrar of Co-operative Societies and ...
Court: Kerala
Decided on: Nov-15-1973
Reported in: (1974)IILLJ526Ker
G. Viswanatha Iyer, J.1. In this original petition the petitioner seeks for a writ of prohibition or other appropriate writ or direction prohibiting the 1st respondent from proceeding with Ext. P2, plaint filed under Section 69 of the Kerala Co-operative Societies Act. The petitioner was appointed as cashier by Ext. P1 order dated 28-2-1973 in the 2nd respondent-society. Respondents 3 and 4 who are employees of the 2nd respondent filed a plaint, Ext. P2, before the 1st respondent, Assistant Registrar of Co-operative Societies, in which they stated that the petitioner has been appointed cashier against the provisions of the Kerala Co-operative Societies Act and the bye-laws, that this is harmful to their interest, that their chances of promotion are prejudiced and that this appointment is against the circular issued by the Registrar prohibiting fresh appointments. Therefore, they sought a cancellation of the appointment of the petitioner and for consequential reliefs. On receiving this ...
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