Kerala Court March 1973 Judgments
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R. Madhavan Vs. State
Court: Kerala
Decided on: Mar-09-1973
Reported in: 1973CriLJ1534
E.K. Moidu, J.1. The appellant, a Pan-chayat Inspector, is the accused in C. C No. 3 of 1972 of the Court of the Special Judge, Trichur. He has been convicted and sentenced to 15 days' rigorous imprisonment under Section 477-A, Indian Penal Code and further convicted and sentenced to one month's rigorous imprisonment under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) with the direction to run the sentences concurrently.2. The first charge against the appellant related to his preparation and presentation of a false travelling allowance bill, Ext. P-5, on 25-4-1962 to the Sub-Treasury, Kasaragod, purporting it to be a genuine bill for P. W. 5, a peon of the Karadka Pan-chayat, for his having performed a journey from Karadka to Kasaragod on 30-3-1962 and halt at Kasaragod on 31-3-1962. On account of the onward journey Rs. 2.70 was claimed as Travelling Allowance and on account of the halt Rs. 3/- was claimed as Daily Allowance, under Ex...
Joseph Joseph Vs. Agricultural Income-tax Officer
Court: Kerala
Decided on: Mar-05-1973
Reported in: [1973]92ITR114(Ker)
Isaac, J.1. This writ petition has been filed by a legal representative of one Shri Kurien Ouseph to quash three orders of assessments, exhibits P-l, P-2 and P-3, all dated September 15, 1969, made by the respondent, the Agricultural Income-tax Officer, Palai, under the Agricultural Income-tax Act, 1950, for the years 1966-67, 1967-68 and 1968-69. In all the assessments, the name 6f the assessee is described as 'Legal heirs of Late Shri Kurian Ouseph'. The impugned orders of assessment were passed Without notice to any of the legal representatives of the deceased; and the contention before me is that such an order of assessment is bad under law. It is also contended that the said orders are bad, for the reason that they do not state the names of the legal representatives as the assessee. 2. The facts of the case are not in dispute. Assessments were first made, against the deceased, Kurian Ouseph, under Section 18(4) of the Act, Those assessments were set aside by the respondent on appl...
Burmah Shell Oil Storage and Distributing Co. of India Ltd. Vs. the Sa ...
Court: Kerala
Decided on: Mar-05-1973
Reported in: [1973]32STC429(Ker)
T.C. Raghavan, C.J.1. A single Judge has referred this writ petition to a Division Bench considering the magnitude of the interest involved, The petitioner is the Burmah- Shell Oil Storage and Distributing Co. of India Limited having its headquarters at Burmah Shell House, Madras; and the respondents are the Sales Tax Officer, Ernakulam, the Deputy Commissioner of Agricultural Income-tax and Sales Tax, Ernakulam, the Board of Revenue, Trivandrum and the State of Kerala. The company has a local office; and it received two notices, exhibits P1 and P2, one dated 15th April and the other dated 23rd April, 1969, demanding that the company should pay Rs. 18,211.84 under exhibit P1 and Rs. 43,790 under exhibit P2 as penalty. The company used to pay advance tax by crossed cheque previously; but, later on it changed over to payment in the Government treasury and producing the chalans. Under the relevant rule, the payments have to be made before the 10th of every month. In 1966-67, the company c...
K.C. Thomas Vs. Avirah Varghese
Court: Kerala
Decided on: Mar-05-1973
Reported in: 1974CriLJ207
ORDERK. Bhaskaran, J.1. This criminal revision is at the instance of the accused against whom the respondent had filed a complaint alleging criminal breach of trust with respect to a motor pump and accessories which he had entrusted with the accused. The learned Magistrate discharged the accused, having found that the prosecution had failed to make out a case, which, if unrebutted, would end in conviction. However, the revisional Court reversed this finding of the learned Sub-Magistrate, and remanded the matter to the trial Court with a specific direction that a charge might be framed against the accused and the case be tried and the property be disposed of according to the result of the case. It may incidentally be noted that when the order of discharge was passed, the accused had filed an appeal before the District Magistrate questioning the propriety of the order passed by the learned Magistrate directing the property seized to be handed over to the complainant, and in reversal of t...
Kaithakulangara Kunhikannan Vs. Nellatham Veettil Malu
Court: Kerala
Decided on: Mar-02-1973
Reported in: AIR1973Ker273
Krishnamoorthy Iyer, J.1. The appeal arises out of a petition by a Hindu husband under Section 10 of the Hindu Marriage Act against his Hindu wife -- the first respondent in the petition -- for judicial separation. The ground of the petition is that on the 21st of July, 1963 the first respondent committed adultery with the second respondent impleaded in the petition. Judicial separation was granted by the learned Judge holding that the first respondent has been guilty of adultery with the second respondent on 21st of July, 1963. Along with the order allowing judicial separation the court below directed the petitioner to pay maintenance to the first respondent at the rate of Rs. 25/- per mensem under Section 25 of the Hindu Marriage Act. The learned Judge decreed maintenance to the first respondent on the following reasoning:'It has been held that in the case of an unchaste wife whose marriage has been dissolved on the ground of her living in adultery bare maintenance allowance or starv...
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