Kerala Court November 1977 Judgments
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State of Kerala Vs. Haridasan
Court: Kerala
Decided on: Nov-30-1977
Reported in: 1978CriLJ1204
ORDERKumari P. Janaki Amma, J.1. The respondent and 2 others were charge-sheeted by the Sub-Inspector of Police, Panniyankara for an offence under Section 324 read with Section 34 I.P.C.2. P.W. 1 in the case was running a cycle shop at Kallai. There was a tailoring shop of one Chandran adjacent to the shop of P.W. 1, Some time prior to the incident in this case, there was a quarrel between Chandran and the first accused in the case, P.W. 1, who happened to be there, separated them. The first accused thereafter became inimical towards P.W. 1, On 27-8-71 at about 8 P. M. P.W. 1 was standing on the public road in front of his cycle shop, The first accused along with accused Nos. 2 and 3 who are his friends came there. The first accused had a knife in his hand. He exhorted P.W. 1 about a petition that he had filed against the accused before the police, Following this, he stabbed P.W. 1 with the knife, P.W. 1 warded off the first stab. But he was again stabbed on the left chest causing a bl...
K.C.M. Mather Vs. Vijaya Movies and 4 ors.
Court: Kerala
Decided on: Nov-28-1977
Reported in: AIR1978Ker159
Gopalan Nambiyar, C. J. 1. These are two appeals arising out of the same judgment of a learned Judge of this Court in O. P. No. 3900 of 1975. W. A. No. 82 of 1976 is by the supplemental 5th respondent in the Original Petition, and W. A. No. 279 of 1976 is by respondents 1 to 4, namely, the Divisional Engineer, Telephones, the Commercial Officer, Telephones, the Director of Posts & Telegraphs, and the District Manager, Telephones, Ernakulam, The writ petition was filed seeking a writ of mandamus to direct the departmental respondents to give a telephone connection to the writ petitioner. The same was prayed for on the strength of an application for transfer (copy Ext. P-l) dated 30-6-1975 made by one T. J. Joseph stated to be the Managing Partner of M/s. Mas Auto Spares. The relationship between the subscriber and the transferee was stated in the relevant column of the application as 'friendship'. The address at which the telephone was working was shown as Mas Auto Spares, M. G- Road, E...
E.S.i.C. Vs. Francis De Costa
Court: Kerala
Decided on: Nov-25-1977
Reported in: (1978)IILLJ444Ker
Subramonian Poti, J.1. The application of the doctrine of notional extension of employment arises for consideration in this case. this is an appeal against the decision of the Industrial Tribunal, Calicut in an application under Section 75 of the Employees State Insurance Act. The applicant before the Employees' Insurance Court, Calicut, which is the first respondent in this appeal, was employed with M/s. J. & P. Coats (P) Limited, Koratty, the second respondent in the appeal and he is an insured employee. While proceeding to the factory from his house for reporting for duty on 26-6-1971, he met with an accident at about 4-15 p.m. The accident took place at about 1 kilometre to the north of the factory. The applicant was riding a bicycle at that time and he was hit by a lorry belonging to the employer. As a result of the accident his collar bone was fractured and he sustained other injuries. He was under treatment till 6-7-1971. The worker was totally and permanently incapacitated for ...
K.S.E. Board and anr. Vs. Industrial Tribunal and ors.
Court: Kerala
Decided on: Nov-23-1977
Reported in: (1978)IILLJ201Ker
V. Khalid, J.1. These two writ petitions arise from the same award of the Industrial Tribunal, Calicut. They are being disposed of together. I shall deal with O.P. No. 5967 of 1975 first.2. The petitioner is an electricity worker of the K.S.E. Board. He commenced his service as C.L.R. from 16-124966. Under orders of the Board, C.L.R. hands who had put in 240 days of work before 1-7-1968 were entitled to be treated as N.M.R. from that date.3. The petitioner was arrested in connection with a criminal case on 24-6-1968. He was acquitted in that case. During the pendency of the said case, the Board did not employ him. He was reinstated on 18-11-1970 as C.L.R. and was treated as N.M.R. only from 1-7-1971.4. An Industrial dispute was raised regarding the claims of the petitioner for wages from 24-6-1968 to 18-11-1970. By award dated 30-5-1975 the Tribunal held that the petitioner was entitled to be treated as N.M.R. from 1-7-1968, but the wages for the period in question was disallowed. It i...
Commissioner of Income-tax, Kerala-i Vs. Nenmony Investments and Agenc ...
Court: Kerala
Decided on: Nov-23-1977
Reported in: [1978]113ITR354(Ker)
The judgment of the court was delivered byGOPALAN NAMBIYAR C.J. - The following question of law has been referred for our determination by the Income-tax Appellate Tribunal, Cochin Bench, namely :'Whether, on that facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that there was a mistake apparent from the records in levying interest under section 139(8) and under section 217(1A) and cancelling those levies ?'The assessee is a private limited company. The assessment year with which we are concerned is 1972-73. The assessee filed an estimate for the purpose of payment of advance tax under section 212(3A) of the Income-tax Act, 1961, showing that the estimated income will be Rs.2,88,000 and enclosing a cheque for Rs. 1,10,000 on March 10, 1972, as advance tax on the estimated income. The cheque was not cashed by the Income-tax Officer within time. The Officer demanded a fresh cheque from the assessee, which was sent up on June 27, 197...
Ulahannan Chacko and ors. Vs. Pareed Marakkar and ors.
Court: Kerala
Decided on: Nov-21-1977
Reported in: AIR1978Ker161
Gopalan Nambiyar, C.J. 1. These three revision petitions were adjourned by our learned brother Viswanatha lyer, J. to be heard by a Division Bench. It was submitted before the learned Judge that the Full Bench decision of this Court in Jokkim Fernandez v. Amina Kunhi Umma (1973 Ker LT 138): (AIR 1974 Ker 162) required reconsideration in the light of the decision of the Supreme Court in Mohd. Ashfaq v. State Transport Appellate Tribunal, U. P. (AIR 1976 SC 2161). The learned Judge felt that the question involved was fairly important.2. The respondent in an application for eviction before the Rent Control Court under the Kerala Buildings (Lease & Rent Control) Act, filed an appealagainst the decree to the appellate authority under the Act. Owing to the uncertainty in the identity of the forum where the appeal had to be presented, it flitted between the Sub Court, Parur, and the District Court, Ernakulam, till it was eventually decided by this Court in O. P. Nos. 353, 363, and 364 of 1971...
Mathai John Vs. State of Kerala
Court: Kerala
Decided on: Nov-16-1977
Reported in: 1978CriLJ742
ORDERKu. P. Janaki Amma, J.1. The petitioner is the accused in C. C. 198 of 1975 on the file of the Sub-Divisional Magistrate, Adoor. He was convicted for offences punishable Under Sections 55 (a), (b) and (g) of the Kerala Abkari Act and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 1000/- Under Section 55 (b). In default of payment of fine, he is to undergo simple imprisonment for a further period of two months. Separate sentences were not awarded under Sec- tions 55 (a) and (g) of the Act. The petitioner filed an appeal before the Sessions Judge, Quilon. The conviction and sentence were confirmed in appeal. The revision petition is filed challenging the conviction and sentence.2. The defence set up before the trial court and the appellate court was one of denial of the incident. An alternate contention was also raised that there is no sufficient material in the case to show that the building wherein the articles were found was in the possession...
Tharamel Krishnan Vs. Guruvayoor Devaswom Managing Committee and ors.
Court: Kerala
Decided on: Nov-15-1977
Reported in: AIR1978Ker68
ORDER OF FULL BENCH 67. Since it will not be in the public interest to create a hiatus in the matter of the administration of the Devaswom even for any short period, we consider it appropriate in the interests of justice to direct that the operation of this judgment will stand stayed for a period of two weeks from to-day in order to allow reasonable time to the State to take such steps as it may deem fit in the light of this pronouncement by this Court....
Madura Coats Ltd. Vs. State of Kerala
Court: Kerala
Decided on: Nov-15-1977
Reported in: [1978]41STC333(Ker)
V.P. Gopalan Nambiyar, C.J.1. These tax revision cases are by the Madura Coats Limited, Koratti, a public limited company. The assessment years are 1969-70, 1970-71, 1971-72 and 1972-73. The orders for the first three assessment years are by way of reopening the assessment; and in the last assessment year, the order is one of original assessment. The assessee-company receives yarns from Messrs. Madura Mills Company Ltd. The yarn supplied is wound round cones. The cones are passed on to the assessee-company. (We are purposely using the expression 'passed on' and avoiding the expression 'sold' at this stage). At the time the cones are passed on a debit note is made by the Madura Mills Company; and at the time of return of the cones a credit note is made. These notes are with respect to the cost of the cones. The relevant terms of the contract between the assessee and the Madura Mills Ltd., are as follows :(i) We will be supplying you approximately 2/3 lakhs kilograms of yarn regularly pe...
Bhaskaran, Etc. Vs. State
Court: Kerala
Decided on: Nov-15-1977
Reported in: 1978CriLJ738
ORDERKu. P. Janaki Amma, J.1. These petitions are filed by the two accused who were convicted for counterfeiting of currency notes and other allied offences. Cri. M. P. 966/77 is by the 14th accused in S.C. 29 of 1975 of the Court of Session, Trichur. The conviction and sentence passed against the petitioner were confirmed by this Court in Cri, A. 31/76. There was another case against the same person S, C. 60 of 1975 wherein also he was convicted. The conviction and sentence were confirmed by this Court in Cri. A. 121/76. There were similar convictions and sentences in the above two cases against the petitioner in Cri. M. P. 967/77. The conviction and sentence in S.C. 29/75 were confirmed in Cri. A. 29/76 and the conviction and sentence in S.C. 60/75 were confirmed in Cri. A. 120/76, Cri. A. 120 and 121/76 were disposed of by this Court on 5th July, 1977 while Cri. A. Nos. 29 and 31/76 were disposed of on 18th August, 1977. In the present petitions filed Under Section 482 of the Code o...
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