Kerala Court August 1974 Judgments
idicula Jacob Vs. Mariyamma
Court: Kerala
Decided on: Aug-23-1974
Reported in: AIR1976Ker89
Govindan Nair, C.J. 1. This is auappeal by the husband from the order passedby the Additional District Court, Mavelikkaradismissing his petition under Section 10 ofthe Indian Divorce Act (for short the Act)praying that his marriage with the respondentmay be dissolved on the ground that his wifehas, since the solemnisation thereof, beenguilty of adultery. 2. In the petition the appellant averred that he last resided with the respondent in her house for two months in August 1967 when he came on leave, and immediately afterwards they resided together in the petitioner's house for a few days and thereafter the appellant returned to his place of work. He is in the Armed Forces and has been serving outside the State. There is the further averment that when he came on leave in June 1968 he did not find his wife and child in his house and he learnt that the respondent was leading an immoral life and that when she was questioned she denied it. He returned to his place of work. There is a specif...
Tag this Judgment!Appicha Asari Unni Asari Vs. Vairavan Asari Sasthavasari Nadooprambil ...
Court: Kerala
Decided on: Aug-21-1974
Reported in: AIR1975Ker79
Govindan Nair, C.J.1. The first defendant in O. S. No. 245 of 1955 of the Munsiff's Court, Kanjirappalli is the appellant, the first respondent being the plaintiff decree-holder therein and the second respondent the second defendant in the suit. The decree in the case was passed on 15-10-1955. The first execution application was on 8-9-1966. The decree wasfor money and the execution petition having been filed long after the date of the decree, very much more than three years after the petition was dismissed by the execution court. In appeal the decision of the execution court was reversed and this appeal is directed against the appellate judgment.2. The case has been referred to a Full Bench in view of the apparent conflict between the rulings of this court in Ahammed alias Kunju v. Achutha Menon, 1964 Ker LT 592 and Krishna Pillai v. Parameswaran Pillai, 1966 Ker LT 1031.3. The Kerala Agriculturists Debt Relief Act, 1958 (hereinafter referred to as the Act) came into force on 14-7-195...
Tag this Judgment!Chaminanattil Balakrishnan and ors. Vs. O.P. Muhammed and ors.
Court: Kerala
Decided on: Aug-21-1974
Reported in: 1976CriLJ1322
ORDERS.K. Kader, J.1. This criminal revision petition arises out of an order passed in a proceeding under Section 145 of the Code of Criminal Procedure, 1898, in M. C. No. 3 of 1974 on the file of the Executive First Class Magistrate Perintalmanna, and is filed by the B party in the proceeding. The subject-matter of his proceeding is a land used for raising seedlings known as 'Mele Nadukkandam enna Nhattukandam' comprising in R S. No. 307/4 of Mooniyur Village.2. The case of the A party is that this property was taken on an oral lease by him from his father Alavikutty Haji in the year 1960 fixing an .annual rent of 7 paras of paddy and thereafter he has been in actual possession and enjoyment of the game. This land is used by him for raising seedlings for the purpose of cultivation in his other paddy-lands having an extent of about 5 acres. He has been paying rent and obtaining receipts for the same from the lessor. Similarly, he has been paying land revenue for this land which is incl...
Tag this Judgment!Dat PeThe and anr. Vs. District Collector, Ernakulam and ors.
Court: Kerala
Decided on: Aug-20-1974
Reported in: AIR1976Ker37
ORDERK. Bhaskaran, J. 1. On inducement of incentive to industrial enterpreneurs, who were willing to start industries in the Corlim Industrial Estate established by the 4th respsondent, Industrial Development Corporation, Goa, (for short the Corporation), the 1st petitioner, an industrialist in Cochin, ventured to start an industrial unit by name 'Datta Metal Works' by taking five sheds belonging to the Corporation between 14-12-1968 and 5-2-1970; but had to close it down on 18-12-1970 having realised that it was impossible for him to continue it as an economically viable unit. 2. The facts leading to the filing of this writ petition can be summed up as fol-lows:-- Having known that incentive was being offered by the Corporation to enter-preneurs for starting industrial units in the Corlim Industrial Estate, the 1st petitioner took on rent shed Nos. 16 and 19 on 14-12-1968. No. 17 ma 23-6-1969, No. 23 on 18-9-1989 and No. 22 on 5-2-1970. While this eoncern belonging to the first petiti...
Tag this Judgment!Travancore Electro-chemical Industries Limited Vs. Harindranath
Court: Kerala
Decided on: Aug-20-1974
Reported in: (1976)ILLJ366Ker
T. Chandrasekhara Menon, J.1. First defendant in the suit is the appellant. The appeal is from a decree awarding compensation to the plaintiff to the tune of Rs. 6,750.75 with future interest at 6 % with half cost of the suit, for alleged wrongful termination of the plaintiff's services with the appellant-company (hereinafter called the company) .2. The plaintiff was in Kerala Government service in the Department of Industries and Commerce. While he was working on deputation, as a District Officer under the Khadi and Village Industries Board on a salary of Rs. 450 per month he came into contact with the technical director of the company. The plaintiff alleges that he was persuaded to join the service of the company after resigning from the Government service. According to the plaintiff it was on a definite understanding and assurance that his services under the company will be a permanent one with bright future prospects that he was induced to resign from Government service. He joined ...
Tag this Judgment!Pachhalloor Noohu Vs. Public Prosecutor
Court: Kerala
Decided on: Aug-12-1974
Reported in: 1975CriLJ1304
G. Balagangadharan Nair, J. 1. Appellant who was the Editor, Printer and Publisher of an evening daily 'Aswamedham' has been convicted under - Sections 500 and 501, I. P. C. and sentenced to a fine of Rupees 100/-, with a default sentence of simple imprisonment for two weeks under the latter Section (no separate sentence being awarded under the former count) by the learned Additional Sessions Judge. Trivandrum. on a complaint instituted by the Public Prosecutor, pursuant to a sanction Ext. P-3 granted under Section 198-B (3) (b) by P. W. 4, Special Secretary to the Government of Kerala who was authorised by the order Ext. P-2 issued by the Government in that behalf. The substance of the complaint was that the appellant had committed the above offences by publishing a news item (Ext. P-1 (a)) under the title '(Original in Malayalam omitted).' In the issue of the paper (Ext. P-1) dated 22-1-1970, which was defamatory of Mr. Mohammad Koya (P. W. D who was the then Home Minister. In the Co...
Tag this Judgment!Jugalkishore Benarsidas Vs. South India Saw Mills (P.) Ltd.
Court: Kerala
Decided on: Aug-08-1974
Reported in: [1975]45CompCas273(Ker)
Balagangadharan Nair, J.1. This is a creditor's petition under Section 439 read with Sections 433(e) and 434 of the Companies Act.2. The averments in the petition are briefly the following: The respondent-company's principal business is to run a saw mill and carry on trade in timber. In respect of the supply of band saw and circular saw blades and other goods made by the petitioner, the company was indebted to the petitioner in a sum of Rs. 1,167.43 on account of principal and interest under the ledger maintained by the petitioner. On February 24, 1973, the petitioner issued a registered notice demanding payment of this debt and it was accepted by the company on February 28, 1973. Thereafter, the company paid the petitioner Rs. 100 on March 14, 1973. The petitioner understands that large amounts are due by the company by way of arrears of employer's share of contribution of provident fund sums as well as employer's share of E.S.I. payable to the Employees' State Insurance Corporation. ...
Tag this Judgment!Krishnan Vs. R.D.D. and ors.
Court: Kerala
Decided on: Aug-05-1974
Reported in: AIR1976Ker110
ORDERChandrasekhara Menon, J. 1. A rather vexed question in regard to seniority as between two teachers--petitioner and the 4th respondent--under the provisions of the Kerala Education Rules (shortly stated the Rules) arises for consideration in this O. P.2. Petitioner and 4th respondent are High School Assistants working in an aided High School of which the 3rd respondent is the Manager. Both of them were appointed on the same date 3-6-1953 and holding their posts continuously thereafter.3. At the time of their appointment the school was governed by the Madras Education Rules which were non-statutory in character. At that time no management was required to keep any seniority list of the staff. The Management's discretion in the matter of appointment of Head Master was absoluteand unfettered. There were neither statutory nor administrative curbs on such power.4. The Kerala Education Act, 1958 (hereinafter called the Act) came into force with effect from 1st June, 1959. The High School ...
Tag this Judgment!- ‹ Prev
- Next ›