Kerala Court April 1977 Judgments
Kochu Mohammed and ors. Vs. State of Kerala and anr.
Court: Kerala
Decided on: Apr-15-1977
Reported in: 1977CriLJ1867
ORDERKumari P. Janaki Amma, J.1. Accused 1 to 3 in a case initiated on a private complaint by the Judicial Second Class Magistrate, Cochin and pending trial before the Assistant Sessions Judge, Cochin are the petitioners.2. The complaint was filed at 5-15 P.M. on 19-4-1976 with a schedule of witnesses. The complainant was directed to appear and to produce the witnesses in the schedule also at 11 A.M. on 20-4-1976. On 20-4-1976 the sworn statement of the complainant was taken. No witnesses were present. The court registered the case as P.E. 7 of 1976, directed summons to be issued to all the accused and posted the case to 11-5-1976. On the application of the accused the case was adjourned to 25-5-1976. On that day copies of the documents were furnished to the accused. The case was adjourned for hearing and further steps to 28-5-1976, on that day counsel for the complainant and the accused were heard. Since the offences taken cognizance of were exclusively triable by the Court of Session...
Tag this Judgment!T.V. Eachara Varier Vs. Secretary to the Ministary of Home Affairs and ...
Court: Kerala
Decided on: Apr-13-1977
Reported in: 1978CriLJ86
Subramonian Poti, J.1. The case before us is unique in several respects. The petitioner here is the father of one Sri P. Rajan who was a final year student in the Regional Engineering College, Calicut during the academic year 1975-76. The petitioner complains that his son Rajan was taken into police custody on 1-3-1976 when Rajan was staying in the College Hostel and so far the Police had not made known his whereabouts. The Principal of the College informed the petitioner by registered letter sent on the same day that his son had 'been arrested by the police. This was at a time when the proclamation of emergency was in force. The petitioner has not seen his son thereafter nor has he been a'ble to get any definite information about him. The only remedy available to him at the time was to make representations to the authorities which he did with no result.2. The petitioner has been residing in Cochin after he retired as a Professor of Hindi in the Government Arts and Science College, Cal...
Tag this Judgment!P.J. Joseph Vs. the State Transport Appellate Tribunal, Ernakulam and ...
Court: Kerala
Decided on: Apr-07-1977
Reported in: AIR1977Ker207
ORDERT. Kochu Thommen, J.1. The complaint of the petitioner is that his M. V. Act Appeal No. 32 of 1977 was dismissed by the 1st respondent, the State Transport Appellate Tri-bunal, Ernakulam. The appellant in M. V. Act Appeal No. 15 of 1977 challenged the order of the Regional Transport Authority, Ernakulam, granting a pucka permit to the 4th respondent. His appeal was allowed by the State Transport Appellate Tribunal and the pucka permit was cancelled. The petitioner in this Original Petition had also raised objections before the Regional Transport Authority against the grant of the said permit. It was against the order of the R T A granting the permit to the 4th respondent that the present petitioner filed his Appeal No. 32 of 1977 before the State Transport Appellate Tribunal. In dismissing his appeal the S.T.A.T. found that since the permit granted by the R.T.A. in favour of the 4th respondent had already been set aside in Appeal No. 15 of 1977, Appeal No. 32 of 1977 which challen...
Tag this Judgment!Lelitha Vs. Ayissumma
Court: Kerala
Decided on: Apr-06-1977
Reported in: AIR1978Ker167
George Vadakkel, J. 1. The reference order reads: 'The question of law of general importance raised in this appeal relates to notice under Section 106 of the T. P. Act. What is required to be decided is whether a notice under Section 106 of the T. P. Act is a necessary pre-requisite for eviction under the Buildings (Lease and Rent Control) Act. In view of the apparent conflict between the decisions of the Supreme Court in Ratan Lal v. Vardesh Chander, (1976) 2 SCC 103 : (AIR 1976 SC 588) on the one hand and Puwada Venkateswara Rao v. Chidamana Venketa Ramana (AIR 1976 SC 869) on the other hand considering the great importance of the question, we consider it desirable to have authoritative pronouncement on the question of law and for this purpose we adjourn the hearing and direct it to be placed before the Chief Justice for passing appropriate order for placing it before a Full Bench. We are told that C. R. P. No. 1707 of 1975 also raises the same question. This C. R. P. also may be pos...
Tag this Judgment!Lakshmi Pilla Subhadra Amma and anr. Vs. Easwara Pillai Velayudhan Pil ...
Court: Kerala
Decided on: Apr-06-1977
Reported in: AIR1977Ker148
Gopalan Nambiyar, Ag. C. J. 1. The two Second Appeals and the Civil Miscellaneous Appeal raise certain questions in regard to the applicability of the provisions of Section 4A of Act 1 of 1964 and the right of a redeeming co-mortgagor to tack on the prior possession of the mortgagee redeemed by him in order to satisfy the length of possession required by Section 4A to claim fixity of tenure. The matter has come up before the full Bench as it was felt that there was some conflict of judicial opinion between the decisions in Bhaskara Menon v. Madhavan, 1975 Ker LT 38 : (AIR 1976 Ker 62) and Lakshmi Pillai v. Chellappan Pillai, (1966 Ker LT 833). When the cases were posted together on 21-3-'77, C. M. A. No. 98 of 1975 was adjourned to explore the prospects of a compromise; but as this did not materialise, the C. M. A. was heard on the 29th March, after arguments in the other cases were concluded. We are dealing with these in a common judgment. We shall proceed to deal with the cases in re...
Tag this Judgment!A.P. Velayudhan Nair Vs. State of Kerala and ors.
Court: Kerala
Decided on: Apr-06-1977
Reported in: AIR1977Ker181
Gopalan Nambiyar, Ag. C.J. 1. The petitioner is a wholesale dealer in sugar. Sugar is distributed to the dealers by the Government which controls and fixes the selling price of the commodity. The distribution and control of sugar is regulated by the provisions of the Kerala Sugar Dealers' Licensing Order 1967. Clause (2) (c) of the same defines 'free sale sugar' as sugar supplied by the State Government to the dealers directly by sugar factories from the quota allotted to them for free sale by the Central Government. Clause 2 (d) defines 'levy sugar' as sugar supplied by the State from the sugar made available to them by the Central Government. Clause 3, Sub-clause (1) enacts that no person is to carry on business as dealer in levy sugar or free sale sugar except under and in accordance with the terms and conditions of a licence issued by the Licensing Authority. The petitioner was accordinglygranted licence as a wholesale dealer for the sale of sugar. He executed an agreement dated 2n...
Tag this Judgment!Vasudevan Embraudiri and ors. Vs. Cherpu Service Co-operative Bank Ltd ...
Court: Kerala
Decided on: Apr-06-1977
Reported in: AIR1977Ker203
Gopalan Nambiyar, Ag. C.J.1. This matter has come on before us on a note submitted by the Taxing Officer regarding the court-fee payable in this appeal. The writ petition against which the appeal is sought to be filed was by seven petitioners to challenge the decision of the Co-operative Tribunal, Trivan-drum. A court-fee of Rs. 25/- was paid on the writ petition. On the writ petition having been dismissed, the seven petitioners sought to file the writ appeal. Objection was taken by the Office that a court-fee of Rs. 700/- was payable on the writ appeal and also on the writ petition. Objection also was taken that a court-fee of Rs. 12/- each on C. M. Ps. filed in the writ petition in which the seven petitioners had joined, was deficient and that the deficit court-fee of Rs. 12/- was payable on the C. M Ps. In all, according to the office-note a deficit court-fee of Rs. 600/- was payable on the writ appeal; Rs. 150/- on the O. P. and Rs. 12 on the C. M. Ps. in the above proceedings.2. C...
Tag this Judgment!Southern Fisheries Corpn. Vs. the Corpn. of the City of CochIn and ors ...
Court: Kerala
Decided on: Apr-05-1977
Reported in: AIR1978Ker10
Gopalan Nambiyar, Ag. C.J. 1. The appeal is directed against the judgment in O.P. No. 337 of 1970. The question in the writ petition was regarding the constitutionality of differential rates of levy of water-tax in the Mattancherry and the Ernakulam areas both of which are comprised in the limits of the Corporation of Cochin, which was formed on and from 1-11-1967. In the Mattancherry area of the Corporation, water-charges are levied at the rate of Rs. 8/- per 1000 gallons for non-domestic use; and in the Ernakulam area, at the rate of Rs. 3/-per 1000 gallons for non-domestic use. We need not enter into the further details of the levy as the learned. Single Judge has held the levy to be unconstitutional as discriminatory and no appeal against the said judgment has been filed by the Corporation. 2. The only grievance of the petitioneris against the learned Judge having confined the relief granted to the petitioner from the date of pronouncing judgment on the theory of what the learned J...
Tag this Judgment!Travancore Rayons Ltd. Vs. Income-tax Officer and anr.
Court: Kerala
Decided on: Apr-05-1977
Reported in: [1977]109ITR43(Ker)
Chandrasekhara Menon, J.1. In these two original petitions filed by the Travancore Rayons Ltd. wherein the respondents are the Income-tax Officer, A-Ward, Companies Circle, Ernakulam, and Commissioner of Income-tax, Kerala I, Ernakulam, the same question arises for consideration. The first writ petition relates to the assessment year 1967-68, while the second is in respect of the succeeding year 1968-69.2. The facts, in brief, are these :The petitioner is a company engaged in the manufacture and sale of rayon yarn, cellulose film and other products. The company is an assessee on the file of the first respondent. In respect of the assessment years 1967-68 and 1968-69, the petitioner had made applications on November 16, 1967, and February 3, 1969, respectively, for the issue of a tax credit certificate under Section 280ZB of the Indian Income-tax Act before the first respondent. The said Section provides that: 'Where any company engaged in the manufacture or production of any of the art...
Tag this Judgment!Southern Fisheries Corporation Vs. Corporation of the City of CochIn a ...
Court: Kerala
Decided on: Apr-05-1977
Reported in: (1977)6CTR(Ker)0242B
Gopalan Nambiyar Actg. C.J. - The appeal is directed against the judgment in O.P. No. 337 of 1970. The question raised in the writ petition was regarding the constitutionality of differential rates of levy of water-tax in the Mattancherry and the Ernakulam areas both of which are comprised in the limits of the corporation of Cochin, which was formed on and from 1-11-1967. In the Mattancherry area of the Corporation, water-charges are levied at the rate of Rs. 8/- per 1,000 gallons for non-domestic use; and in the Ernakulam area, at the rate of Rs. 3/- per 1,000 gallons for non-domestic use. We need not enter into the further details of the levy as the learned Single Judge has held the levy to be unconstitutional as discriminatory and no appeal against the said judgment has been filed by the Corporation.2. The only grievance of the petitioner is against the learned Judge having confined the relief granted to the petitioner from the date of pronouncing judgment on the theory of what the ...
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