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Kerala Court October 1980 Judgments

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Oct 06 1980

P. Raveendran Thampi Vs. Sadasivan and anr.

Court: Kerala

Decided on: Oct-06-1980

Reported in: 1981CriLJ181

S.K. Kader, J.1. In a case coming under the Prevention of Food Adulteration Act, hereinafter called the Act, the first respondent herein, the accused before the trial court, was tried on a complaint filed by the Food Inspector, Corporation of Trivandrum (P. W. 1) against him alleging that he sold 675 ml. of buffalo milk at 5-30 a.m. on March 16, 1978 out of the bulk quantity which he was carrying on a bicycle for sale which, on analysis, was found to be adulterated. Ext. P6 is the report of the Public Analyst, as per which the sample was found to be adulterated as it did not conform to the standard prescribed and also contained 24% of added water. Ext. P4 is the mahazar prepared on the spot, attested by P. W. 2, an independent witness2. The plea of the accused was one of complete denial and he had no witness to be examined on his side.3. In pursuance of the summons served on him, the accused appeared before the trial court and put in an application for sending one of the samples kept w...


Oct 03 1980

Asokan Vs. State of Kerala

Court: Kerala

Decided on: Oct-03-1980

Reported in: 1982CriLJ173

ORDERU. Lakshminarayana Bhat, J.1. The appellant in Crl. Appeal No. 408 of 1979 has been convicted by the Additional Sessions Judge, Parur, Under Section 304, Part II, I.P.C. and sentenced to undergo rigorous imprisonment for a period of 7 years. He is aggrieved by the conviction and sentence entered against him. The State has filed Crl. Appeal No. 59 of 1980, contending that the trial Court ought to have recorded a conviction Under Section 302, IPC2. Pws. 1 and 5 are sons and PW 6 the brother of the now deceased Kumaran, who died in the occurrence which took place on 14-3-1979 at 1.30 p.m. in front of P.W. 2's shop in Puthenvelikara village. There was an earlier Sessions case, in which PW l's brother Sudheesh was charged with the offence of murder of Raman Kunhi, the father of the present accused and the case ended in acquittal. Since then the members of the two families have been on terms of enmity. Near the shop of PW 2 is the toddy shop, of which PW 4 is the Manager and PW 3 an emp...


Oct 01 1980

S. Sivasubramanya Iyer Vs. S.H. Krishnaswamy

Court: Kerala

Decided on: Oct-01-1980

Reported in: AIR1981Ker57

ORDERP. Subramonian Poti, J.1. The petitioner in this revision petition is the landlord of a residential building. He moved the rent control court seeking surrender of the building occupied by the respondent-tenant on the ground that he required such building for his residence along with his aged parents and also for additional accommodation for himself and his family including such aged parents. This claim was made both under Sub-section (3) and Sub-section (8) of Section 11 of the Kerala Buildings (Lease and Rent Control) Act, (hereinafter referred to as the 'Act'), because, according to the petitioner the building in the possession of the respondent-tenant was really a portion of the entire building, the rest of which was in the possession and occupation of the petitioner-landlord. Originally these two portions had been rented out separately and while so the petitioner, who was the occupant of one of the two portions of the entire building as a tenant purchased the whole building fr...


Oct 01 1980

Tahsildar, Kanayannur Taluk Vs. Mrs. Lucy Eapen

Court: Kerala

Decided on: Oct-01-1980

Reported in: AIR1981Ker61

Balakrishna Eradi, C.J.1. Respondents Nos. 1 and 2 in O. P. No. 5481 of 1974 -- the Tahsildar, Kanayannur Taluk, Ernakulam and the District Collector, Erna-kulam respectively -- are the appellants in fhis appeal which has been tiled against the judgment of a learned single Judge of this court allowing the said writ petition and quashing the orders Exts. P-3 and P-5 impugned therein.2. The parties will hereafter be referred with reference to their rank and array in the original petition.3. Proceedings under the Kerala Land Conservancy Act, 1957 (for short the Act) were initiated against the writ petitioner by the 1st respondent in July, 1968 for unauthorised occupation of an extent of 4 cents 946 square links of poramboke land comprised in Survey Nos. 1803 and 1801/1 of Ernakulam Village. A notice in form 'B' was issued to the writ petitioner and in response thereto the writ petitioner appeared before the Tahasildar and filed a petition stating that her occupation of the said poramboke ...


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