Kerala Court October 1981 Judgments
State of Kerala Vs. Kolarveetiil Krishnan
Court: Kerala
Decided on: Oct-30-1981
Reported in: 1982CriLJ301
ORDERK.K. Narendran, J.1. These State appeals against acquittal, presented by the Additional Advocate General at a time when admittedly there was no Public Prosecutor appointed for the High Court, have come up for grant of leave Under Section 378(3) of the Criminal P. C, 1973, for short the Code. The question is whether the State Government can direct the Advocate General or the Additional Advocate General to present an appeal Under Section 378(1) of the Code without appointing them as Public Prosecutors Under Section 24(1), in view of Article 165 of the Constitution of India and the rules framed by the Government under Cls, (2) and (3) of Article 165 of the Constitution as per notification dated 1st Nov., 1956.2. Section 378(1) of the Criminal P. C, 1973 reads:378. Appeal in case of acquittal-(I) Save as otherwise provided in Sub-section (2) and subject to the provisions of Sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appe...
Tag this Judgment!Mrs. Grace George and M.K. Thomas and ors. Vs. Addl. Income-tax Office ...
Court: Kerala
Decided on: Oct-29-1981
Reported in: (1982)28CTR(Ker)4; [1982]137ITR403(Ker)
Bhaskaran, J.1. The common question that falls for decision in these two writ petitions is whether for the purpose of Section 34 of the Agricultural Income-tax Act (Act No. 22 of 1950), hereinafter referred to as the Agrl. I.T. Act, the AAC of Agrl. I.T. is an authority subordinate to the Commissioner of Agrl. I.T. The additional question of law raised in O.P. No. 1080 of 1980-J is whether the wealth-tax paid in respect of the agricultural land belonging to the assessee is a deductible itemunder Section 5(j) of the Agrl. I.T. Act. In view of the fact that the question whether the AAC is an authority subordinate to the Commissioner is a common question in both the writ petitions, they were heard together and are being disposed of by this common judgment.2. It is not necessary to state in detail the facts of the case as there appears to be no serious dispute on the question of facts. In both the cases, aggrieved by the decision of the Agrl. ITO, the respective petitioner had taken up the...
Tag this Judgment!Mohammed Vs. State of Kerala
Court: Kerala
Decided on: Oct-28-1981
Reported in: 1982CriLJ1120
ORDERV. Khalid, J.1. The revision petitioner was the first accused in C. C. No. 422 of 1978 on the file of the Chief Judicial Magistrate, Ernakulam. There were three other accused also. Charge-sheet was filed against all of them alleging commission of offences punishable Under Sections 454, 380 and 34, IPC The petitioner was arrested on 14-9-1978, and since his arrest he was in judicial custody. The case was posted to 12-10-1978. On that day the accused were taken to Court. The petitioner and his co-accused pleaded guilty to the charge. On this plea, the trial Court ordered the revision petitioner to be detained in Borstal School, Cannanore, for a period of three years by its judgment dated 9-11-1978 stating that the report of the Probation Officer was not in his favour. Under a mistaken impression that no appeal lay against this order, the petitioner filed Cr, R. P. No. 510 of 1979 before this Court, along with Cri. M. P. No. 1582 of 1979, to condone the delay. It was later realised t...
Tag this Judgment!Rayirakurup Vs. Taluk Land Board and ors.
Court: Kerala
Decided on: Oct-16-1981
Reported in: AIR1982Ker123
ORDERP.C. Balakrishna Menon, J.1. This revision is against the order of the Taluk Land Board, Thiruvalla dated 26-3-1981 directing the petitioner to surrender 69.95.358 acres as excess land in the possession of his family. The order on the face of it is defective and cannot be sustained in law.2. After the Chairman has signed the order, there is an endorsement also signed by the Chairman as follows:'The Taluk Land Board members present; they have not written any dissenting order even though they requested for time for the purpose on 26-3-1981 till 6-4-1981 and on 6-4-1981 till 20-4-81 Hence the above order will stand.'3. Section 100A of the Kerala Land Reforms Act makes provision for the Government to constitute a Taluk Land Board for each Taluk in the State, for performing the functions of the Taluk I and Board under the Act. Sub-sec. (2) of Section 100A provides that a Taluk Land Board shall consist of a Chairman who shall be an Officer not below the rank of the Deputy Collector appo...
Tag this Judgment!Commissioner of Income-tax Vs. V.S. Kumaraswamy Reddiar Trust
Court: Kerala
Decided on: Oct-15-1981
Reported in: (1982)26CTR(Ker)443; [1982]138ITR808(Ker)
Sukumaran, J.1. At the instance of the Revenue, the following common question in respect of the two assessment years 1973-74 and 1974-75 has been referred to this court :'Whether, on the facts and in the circumstances of the case, the assessee is entitled to be assessed under Section 161(1) of the Income-tax Act, 1961 ?'2. The facts leading to the reference are as follows : The firm 'M/s. V. S. Kumaraswamy Reddiar' had been engaged in business in piece-goods. The constitution of the firm had undergone changes from time to time. As on August 16, 1971, the firm, constituted under the partnership deed executed on that day, consisted of four partners, Kumaraswamy Reddiar, Nagaraja Reddiar, Radhakrishna Reddiar and Kannan.3. It appears that some time in 1972 the partners had discussions regarding the manner in which the business should be conducted in future. The result of such discussions is evidenced by the agreement dated March 30, 1972, which is annex. B to the reference. It recites an ...
Tag this Judgment!State of Kerala Vs. Raju
Court: Kerala
Decided on: Oct-14-1981
Reported in: 1982CriLJ304
ORDERKumari P. Janaki Amma, J.1. The revision petition is against an order discharging the respondent-accused of offences Under Sections 408, 465 and 420, I. P. C, passed by the Judicial Magistrate, First Class, Tirur.2. The final report in the case was received in Court on 16-3-1978 and it was in due course registered as C. C. No. 123 of 1978. Along with the final report the Sub-Inspector of Police, who presented the charge-sheet had also filed copies of the statements of fifteen witnesses, recorded Under Section 161(3) of Cr. P. C. and a memorandum of evidence. The accused put in appearance on 6-6-1978. In due course he was released on bail.3. On 12-12-1978 the Advocate appearing for the accused filed a petition claiming discharge Under Section 239 of Cr. P. C. The sole ground alleged was that there was non-compliance of the directions contained in Section 173(5)(b) of Cr. P. C, inasmuch as the prosecution failed to produce the original statements recorded Under Section 161 of all th...
Tag this Judgment!Kerala State Electricity Board Vs. Cyriac Stephen
Court: Kerala
Decided on: Oct-06-1981
Reported in: AIR1982Ker61
George Vadakkel, J. 1. By this petition the Kerala State Electricity Board seeks leave to appeal from the decision of the Subordinate Judge, Thodupuzha in L. A. R. 4 of 1979 on the file of his Court. The facts material for the present purpose are :-- The State acquired 52.13 Acres of land in Sy. No. 270/1-6 of Thodupuzha village for the purpose of constructing Staff-Quarters for the employees of the Board at Thodupuzha under the provisions of the Kerala Land Acquisition Act, 1961, Act 21 of 1962 (hereinafter, the Act). The Land Acquisition Officer awarded compensation at the rate of Rs. 950/- per Acre besides a sum of Rs. 4,233-17 as value of improvements and Rs. 8,063.50 as solatium. The learned Subordinate Judge raised the rate of compensation for the land by Rs. 1,550/- per Acre by fixing land value at the rate of Rs. 2,500/- per acre. Consequently the quantum of solatium and interest also was enhanced. It is not disputed that the cost of acquisition is to be met by the K. S. E. Boa...
Tag this Judgment!Dr. P.H. Daniel and anr. Vs. K.N. Krishna Iyer
Court: Kerala
Decided on: Oct-05-1981
Reported in: AIR1982Ker95; (1982)IILLJ353Ker
Kochu Thommen J. 1. This appeal is brought by the defendants in a suit for damages on the ground of defamation. The learned Subordinate Judge of Palghat decreed the suit awarding a sum of Rs. 5000/- as damages together with the plaintiff's costs.2. The plaintiff Shri K. N. Krishna Iyer is the Managing Director of Emerald Valley Estates Ltd., which is a company owning the Meraflores Estate at Nelliyampathy and the Bedaguli Estate in Karnataka. The defendants are the President and the General Secretary, respectively, of the Estate Staff Union of South India which we shall refer to as the 'Union.' The Union represents the staff of the various estates in South India. About 9000 employess are members of the Union which was registered as early as 1947. The object of the Union is to protect and promote the interests of the staff of the estates. The activities of the Union are regularly reported in its journal called the 'Plantation Worker.' The journal is not sold to the public. It is distrib...
Tag this Judgment!Parmeswara Kurup Janardhanan Pillai Vs. State of Kerala
Court: Kerala
Decided on: Oct-01-1981
Reported in: 1982CriLJ899
S.K. Kader, J.1. At a trial held in the Court of Session, Quilon, Janardhanan Pillai aged 28, the appellant herein, was convicted Under Section 302, I.P.C, and sentenced to imprisonment for life. It was for intentionally causing the death of Visalakshan Pillai aged 27 by stabbing him on his right chest with a dagger that he was convicted and sentenced as aforesaid. The occurrence in the case was at about 2 a.m. on the night between 9th and 10th Jan. 1979. The scene of offence Is said to be the steps leading from the northern Gopuram of Thirunettarakkavu Bhagavathi Temple in Mavanakkonam Cheri of Kallavathukkal Village within the limits of chathannoor Police Station. There was a Bajana festival going on in that temple on the night of occurrence. Till about 9 p.m. there were Bajana songs in the temple and thereafter two dramas were staged at the adjacent compound of the temple on the western side. The stage where these dramas were enacted was facing north. Ropes were tied separating and ...
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