Kerala Court September 1974 Judgments
Muhammad Vs. Imbichibi
Court: Kerala
Decided on: Sep-09-1974
Reported in: AIR1975Ker32
Viswanatha Iyer, J.1. This case has been referred to a Full Bench for consideration of the question whether a person occupying a portion of a building belonging to another with the letter's permission is a 'kudikidappukaran' as defined in Act 1 of 1964, hereinafter referred to as the Act.2. According to the respondent, the petitioner is a tenant governed by the Kerala Buildings (Lease and Rent Con-trol) Act, 1965, for short the Rent Control Act. He sought eviction of the petitioner under Section 11 of that Act on the ground that the petitioner had defaulted payment of rent. The petitioner inter alia denied that he is a tenant falling within the Rent Control Act and further urged that he is a 'kudikidappukaran' under the Act 1 of 1964. This contention of the petitioner was accepted by the Rent Control Court and also by the appellate authority. The respondent's petition for eviction was consequently dismissed. In further revision under Section 20 of the Rent Control Act the District Cour...
Tag this Judgment!K.K. Sivasankaran Nair Vs. State of Kerala and anr.
Court: Kerala
Decided on: Sep-09-1974
Reported in: (1977)IILLJ179Ker
P. Govindan Nair, C.J.1. The identical question arises for determination in the original petition as well as the writ appeal. We, therefore, propose to dispose of the two eases by a common judgment.2. The petitioner in O.P. No. 2495 of 1971 and the first respondent in W.A. 346/73 were appointed in the Labour Department of the State as Welfare Assistants. In the year 1966 the State Government decided to abolish 39 posts of Welfare Assistants in the department and ordered accordingly. Consequently the petitioner in the O.P. and the first respondent in the writ appeal ceased to be Welfare Assistants. The relevant part of the order is seen from Ext. P 2 in the original petition. We shall extract two paragraph from that orderIn the G.O. read above it was ordered that 39 posts of Welfare Assistants on Rs. 40-120 (pre-revision scale) working in the Labour Department would be abolished. In pursuance of this G.O. the Labour Commissioner furnished to Government a list of the 39 Welfare Assistant...
Tag this Judgment!Pathumma Beevi and ors. Vs. Rajakrishna Menon and anr.
Court: Kerala
Decided on: Sep-06-1974
Reported in: AIR1975Ker91
Gopalan Nambiyar, J. 1. Aninteresting question of limitation has been debated in this appeal preferred by defendants 2 and 4 to 10 against the decree in O. S. No. 141 of 1965, Sub-Court, Palghat. The suit as originally framed, was one for recovery of the amount due under a hypothecation bond, Ext. B-39 dated 11-11-1964 executed by the 1st defendant in respect of the assets of his deceased brother, Vellappa Rowther, who died on 26-6-1962. The 1st defendant purported to execute the hypothecation bond by virtue of authority stated to be derived by him under certain trust-deeds, Exts. A-l dated 9-4-1963, and A-13 dated 21-5-1962. The amount due under the hypothecation bond together with interest claimed in the suit, amounted to Rs. 62,749.00. The 2nd defendant in the suit was the widow of the deceased Vellappa Rowther; defendants 3 and 5 to 8 were his daughters, and the 4th defendant, was his only son. The 3rd defendant is now dead, and is represented by his legal representatives defendant...
Tag this Judgment!Malayalam Plantations Limited and ors. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Sep-05-1974
Reported in: (1976)ILLJ114Ker
Subramonian Poti, J.1. These writ appeals arise from the judgments in O.P. 1940 of 1974, 1951 of 1974 and 2025 of 1974. The original petitions were disposed of by a common judgment along with a number of other petitions where in also the same questions arose. The appeals before us have been referred by a Division Bench of this Court for hearing by a Full Bench in view of the importance of the questions raised. Three minimum wage notifications in regard to employees in tea and rubber, coffee and cardamom plantations in the State are under challenge. In O.P. 1940 of 1974 the petitioner challenged the notification Ext. P20 which concerned the revision of minimum wages for employees in tea and rubber plantations. O.P. 1951 of 1974 concerned the minimum wage revision regarding cardamom that being the notification under Ext, P22 in O.P. 1940 of 1974. In O.P. 2025 of 1974 the petitioner was concerned with the challenge to the fixation of minimum wages in regard to coffee, the notification bei...
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