Kerala Court January 1977 Judgments
The District Manager, Food Corporation of India, Calicut Vs. Mardestin ...
Court: Kerala
Decided on: Jan-31-1977
Reported in: AIR1977Ker108
Balakrishna Eradi, J.1. This appeal has been filed by the Food Corporation of India against the order dated 8th November, 1'974 passed by the Subordinate Judge, Kozhikode staying the suit O. S. No. 177 of 1969 on his file under Section 3 of the Foreign Awards (Recognition and Enforcement) Act -- Act XLV of 1961 -- (hereinafter referred to as the Act). That is a suit brought by the Food Corporation of India against a shipping company represented by its local agents for recovery of damages for alleged short-landing of cargo consigned under a bill of lading dated 19th October, 1968. Shortly after the institution of the suit, the defendant filed I. A. No. 41 of 1970 praying that the suit should be stayed under Section 34 of the Arbitration Act of 1940 on the ground that there is a clause in the charter party agreement providing that any dispute arising under the said agreement shall be settled by arbitration in London. Though it was Section 34 of the Arbitration Act that was relied on in t...
Tag this Judgment!M.A. Kochudevassy and ors. Vs. the State of Kerala
Court: Kerala
Decided on: Jan-25-1977
Reported in: AIR1977Ker113
Gopalan Nambiyar, Ag. C.J.1. These petitions were heard together by a Full Bench as they raised the question of the correctness of a Division Bench ruling of this Court in Sahadevan v. State of Kerala (1976 KLT 134). The questions raised are: whether the Special Judge Trichur, appointed under the Criminal Law Amendment Act 1952 had jurisdiction to try the cases in question in respect of the offences charged; and whether the reasoning and the conclusion of the Division Bench ruling in 1976 KLT 134, which had considered a similar question, can be said to be correct.2. Crl. M. P. No. 862 of 1976 is by the 10th accused in C. C. No. 76 of 1976 on the file of the Special Judge, Trichur. The offences charged are under Sections 120-B, 408, 465, 467, 477 and 477-A of the I.P.C. and Sections 5(1)(c) and 5(2) of the Prevention of Corruption Act. The 10th accused is a Member of the Executive Committee of the Co-operative Society No. Rule 192, Chalakudy.3. In Crl. M. P. No. 1096 of 1976 the two pet...
Tag this Judgment!Devaki and ors. Vs. Shri M.V. Kumaran Etc.
Court: Kerala
Decided on: Jan-21-1977
Reported in: AIR1977Ker110
Gopalan Nambiyar, Ag. C.J.1. These two Second Appeals were heard together as they raised a common question. The defendants are the appellants in Second Appeal No. 743 of 1973 and the sole plaintiff is the appellant in the other Second Appeal. We shall first state the facts of Second Appeal No. 743 of 1973. It arises out of a suit for recovery of pos-session of the A schedule immoveable property and B schedule moveables, which belonged to the tarwad of the plaintiff and the defendants. The plaintiff was the karanavan of the tarwad, and the defendants are the wife and children of the previous karnavan, one Gopalan who died on 19-8-1965. The courts below held that the A schedule property belonged to the tarwad and granted a decree for recovery of possession. As far as the B Schedule is concerned the tarwad's title was found against, and the suit, in so far as it related to the moveables, was dismissed.2. Second Appeal No. 1145 of 1973 arises out of a suit by the same karnavan of the tarwa...
Tag this Judgment!Ramachandran Vs. the Regional Transport Authority, Cannanore and ors.
Court: Kerala
Decided on: Jan-20-1977
Reported in: AIR1977Ker130
ORDERK.K. Narendran, J.1. The short point that arises for consideration in this case is whether a Regional Transport Authority can grant a temporary permit even on the basis of a direction issued by the State Transport Appellate Tribunal in a Motor Vehicles Appeal against the rejection of an application for a temporary permit by the Regional Transport Authority, when applications for a pucca permit on the same route submitted in response to a Notification inviting applications are pending, in view of the first proviso to Section 62 (1) of the Motor Vehicles Act, 1939, for short the Act. The application for the temporary permit was also submitted in response to an earlier Notification inviting applications for a temporary permit On the route.2. In response to a Notification inviting applications for a temporary stage carriage permit on the route Thottummal-Edayilpoodika via Chondam, TellicherryNew Bus Stand, Saidappally and Madapeedika issued by the 1st respondent-Regional Transport Aut...
Tag this Judgment!Subramonian Vs. Officer Commanding, Armoured Static Workshop
Court: Kerala
Decided on: Jan-17-1977
Reported in: 1979CriLJ617
ORDERP. Narayana Pillai, J.1. This is a petition relating to set-off under Section 428 of the Cr.P.C. of preconviction detention against sentence of imprisonment. The sentence was by the General Court Martial under the Army Act. That was of rigorious imprisonment for two years. The petitioner is now undergoing sentence in the Viyyur Central Jail. The pre-conviction detention was in the Quarter Guard, military lock-up.2. A Division Bench of this Court said in Kanthalot Karunan v. State of Kerala 1975 Ker LT 147 that conviction and sentence are not in any way affected by granting set-off and that they remain the same even after the set-off is allowed. The subsequent decision of the Supreme Court in B- P. Andre v. Superintendent, Central Jail : 1975CriLJ182 confirms that position. The Supreme Court further holds in that decision that the section is absolute in its terms and that set-off cannot be refused even if pre-conviction detention had been taken into account while imposing the term ...
Tag this Judgment!Secretary, Malabar Motor Transport Employees' Union Vs. State of Keral ...
Court: Kerala
Decided on: Jan-12-1977
Reported in: (1977)IILLJ79Ker
Balakrishna Eradi, J.1. The petitioner herein in the Secretary of the Malamar Motor Transport Employees' Union, Tellichery. The challenge in this writ petition is directed against the communication Ext. P. 3 issued by the State Government to the petitioner as well as to the Manger of the M.R.S. Bus Company, Tellicherry intimating the Government's decision not to refer for adjudication a dispute which formed the subject-matter of certain conciliation proceedings which culminated in a report submitted to the Government by the Labour order Ext. P. 3 reads:I am directed to inform you that the management terminated the service of the workman at per his own written request, Government do not consider this dispute to be fit for reference to abdication and, therefore, they do not propose to refer the dispute for adjudication.2. It is contended on behalf of the writ petitioner that the Government has not properly exercised its discretion under Section 12(5) of the industrial Disputes Act, since...
Tag this Judgment!State of Kerala and Another Vs. V. K. Ramunni Panicker and Others.
Court: Kerala
Decided on: Jan-04-1977
Reported in: [1977]108ITR120(Ker)
CHANDRASEKHARA MENON J. - The State of Kerala which was the defendant in the suit, O.S. No. 197 of 1974 in the court of Subordinate Judge of Kozhikode, has come up with this appeal. The suit was one for money and arose on the following facts :The plaintiff is the receiver appointed by the Sub-Court in O.S. No. 80 of 1964 for management of the Zamorins Estate. Sri. K. C. Sreemanavikraman alias Ettan Raja was the Zamorin Raja of the Calicut and hence the stanidar. He died on May 2, 1958. The Agricultural Income-tax Officer, Kozhikode, passed an order assessing the tax payable by the stanidar for the period from November 1, 1956, to March 31, 1958, as Rs. 84,788.78 and a demand notice in pursuance of the same was issued. Final assessment order was passed on October 12, 1960. The succeeding stanidar was kunhammaman Raja. He was forced to pay a sum of Rs. 18,096.75 towards the assessment aforementioned under threat of legal and revenue proceedings.Kunhammaman Raja also died on December 23, ...
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