Kerala Court March 1981 Judgments
Mary Philipose Vs. State of Kerala and ors.
Court: Kerala
Decided on: Mar-25-1981
Reported in: AIR1981Ker149
Bhat, J.1. Petitioner sought admission to the I year M. B. B. S. course in the Medical Colleges of Kerala State in the year 1980-81, claiming to be qualified for such admission. After an elevan year course of study sponsored by the University of Cambridge Local Examinations Syndicate, she passed the Indian School Certificate Examination (I. S. C.) in 1976 in the I Class, securing high marks in Mathematics, Physics, Chemistry, Biology and other subjects. She joined the B. Sc. degree course in one of the Colleges in Kerala and in the examination held in March-April 1980 by the Kerala University (3rd respondent). passed in the I Class securing high marks. She had taken Chemistry main and Mathematics and Physics subsidiary subjects for her degree course. Admission to the 1st year M. B. B. S. course was sought on the basis of Ext. P4 prospectus for 1980-81. The petitioner was provisionally selected for admission to the 1st year of the M. B. B. S. course and a list of provisional allottees w...
Tag this Judgment!Janaki Pillai Ponnamma Pillai Vs. K. Azhakiya Nambi and ors.
Court: Kerala
Decided on: Mar-24-1981
Reported in: AIR1981Ker196
George Vadakkel, J.1. The appellant filed an application under Section 110-A of the Motor Vehicles Act, 1939 (for short the Act). Since it was time-barred he also filed an application to condone the delay. The Claims Tribunal refused to excuse the delay and consequently dismissed the main application. This appeal is from the decision on the main application.2. Respondents have raised a preliminary objection that no appeal lies from the abovesaid decision, since, according to them, that decision does not amount to an award as mentioned in Sections 110-B and 110-D of the Act. The contention is twofold: (i) the Claims Tribunal, having dismissed the condonation application, has not entertained the main application and (ii) the Claims Tribunal has not made an award determining the amount of compensation.3. Section 110-A (3) reads:--'110-A. Application for compensation--XX XX XX(3) No application for compensation under this section shall be entertained unless it is made within six months of ...
Tag this Judgment!Commissioner of Income-tax Vs. Clittres and ors.
Court: Kerala
Decided on: Mar-24-1981
Reported in: [1981]130ITR301(Ker)
Balakrishna Menon, J. 1. The assessees, in these cases, are shipping companies of Norway, whose ships carry goods from the Port of Cochin to various places. The ships concerned are by names Fernbrook, Fernwave, Fernmoor, Ferngate and Ferndale. Fernbrook called at the Cochin Port during the previous years relating to the assessment years 1967-68 and 1969-70; Ferndale called at the Cochin Port during the year relating to the assessment year 1967-68 and the other ships, Fernwave, Fernmoor and Ferngate, called at the Cochin Port during the year relating to the assessment year 1969-70. Assessments were made by the ITO, Mattancherry, as per Section 172(4) of the I.T. Act--hereinafter referred to as 'the Act' under which summary powers are vested in the ITO to make a rough and ready assessment on the freight earnings of tramp ships. The tax assessed was duly paid by the respective owners of the ships concerned. Later, the owners of the ships demanded a regular assessment under Section 172, Cl...
Tag this Judgment!Gopalan and anr. Vs. State of Kerala
Court: Kerala
Decided on: Mar-20-1981
Reported in: 1981CriLJ1217
U.L. Bhat, J.1. Criminal Misc. Petition No. 1074 of 1980 has been filed to quash the proceedings in C.C. No. 2515 of 1977 on the file of the Judicial Magistrate of the Second Class. Trichur, which has been confirmed in Criminal Appeal No. 28 of 1979 by the Chief Judicial Magistrate, Trichur and in Criminal Revision No. 40 of 1979 by the Additional Sessions Judge, Trichur. Cri. M. P. No. 1088 of 1980 has been filed to quash the proceedings in C. C. No. 850 of 1977 on the file of the Judicial Magistrate of the Second Class, Trichur, confirmed in Criminal Appeal No. 1 of 1979 on the file of the Additional Assistant Sessions Judge, Trichur and in Criminal Revision No. 28 of 1979 of the Additional Sessions Judge, Trichur.2. The petitioner in Crl M. P. No. 1074 of 1980 has been convicted under Sections 55 (a) and 55(b) and Section 58 of the Abkari Act 1 of 1077 for illicit distillation of arrack in his house, which was detected by the patrol party consisting of P. Ws. 3, 4 and others. He was...
Tag this Judgment!Fr. Abraham Mathews and anr. Vs. Illani Pillai and ors.
Court: Kerala
Decided on: Mar-16-1981
Reported in: AIR1981Ker129
George Vadakkel, J. 1. Thequestion raised herein is as to whether under Section 5(ii) of the Kerala High Court Act, 1958 a further appeal would lie to a Division Bench of this Court from a decision of a single Judge disposing of a Civil Miscellaneous Appeal preferred under Section 104 of the Code of Civil Procedure, 1908. 2. Section 5 of the High Court Act, 1958 reads:-- '5. Appeal from judgment or order of single Judge :-- An appeal shall lie to a Bench of two Judges from-- (i) a judgment or order of a single Judge in the exercise of original jurisdiction; or (ii) a judgment of a single Judge in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of original jurisdiction by a subordinate court; or (iii) a judgment of a single Judge in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a subordinate court, if the Judge who passed such judgment declares that the case is a fit...
Tag this Judgment!Mrs. B.A. Cornel Vs. Miss M. Rodrigues and ors.
Court: Kerala
Decided on: Mar-16-1981
Reported in: AIR1981Ker144
Balakrishna Menon, J. 1. This revision is under Section 103 of the Kerala Land Reforms Act 1963 (Act 1 of 1964) -- hereinafter referred to as the Act -- against the order of the Appellate Authority (Land Reforms), Kozhikode, confirming the decision of the Land Tribunal, Cannanore, rejecting the petitioner's application under Section 80-B of the Act, for the purchase of kudikidappu in respect of a building T. S. No. 694 of Ward-III of the Cannanore Municipality. The building is situated in the Cantonment area within the Cannanore Municipal limits. The case of the applicant is that the building is a hut within the meaning of the Act, as amended by Act 35 of 1969 and the same is in occupation of her father and herself ever since 1927. Ext. P-2, dated 30-5-1927 is the registered coolichit executed by the applicant's father F. D'souza to the predecessor-in-title of the respondent. Ext. B-2. dated 29-11-1951 is the sale deed as per which the respondent purchased the property from one Karunak...
Tag this Judgment!Nellikka Achuthan Vs. Madras Motor and General Insurance Co. Ltd.
Court: Kerala
Decided on: Mar-16-1981
Reported in: [1983]54CompCas130(Ker)
T. Chandrasekhara Menon, J. 1. The appellant is the proprietor of a transport service known as Kaitheri Transport. He has got a bus KLC 3507. This vehicle was comprehensively insured with the Madras Motor and General Insurance Co. Ltd., the respondent. When the bus was sent for servicing in the petrol pump station of one Moidu and two boys of the station were cleaning the bus, it sliding away from the parallel ramps of the station, where it was placed, dashed against the K.R. Biscuit Co. causing damage to the building of the company and the articles stored therein. The managing partner of the biscuit company filed a suit against the appellant for damages to the tune of Rs. 3,000. The suit was decreed for Rs. 2,500 with interest at 6 per cent, and cost besides an amount of Rs. 152.70 directed to be given to the fifth defendant in that suit as costs. Though the insurance company was not a party to that suit, notice had been given to it about the pendency of the suit and it had engaged a ...
Tag this Judgment!P. Chochalingam and ors. Vs. Food Inspector,trivandrum Corporation and ...
Court: Kerala
Decided on: Mar-16-1981
Reported in: 1981CriLJ1225
ORDERU.L. Bhat, J.1. In S. T. 360 of 1978, the Additional Judicial I Class Magistrate, Trivandrum, convicted the revision petitioners under Section 7(i) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced each of them to R. I. for three months and to pay a fine of Rs. 500/- and in default to undergo R. I. for one month. Cri. Appeal No. 95 of 1979 filed by the revision petitioners challenging the conviction and sentence was dismissed by the II Additional Sessions Judge. Trivandrum. This order is challenged in Cri. R. P. No. 301 of 1979.2. The same revision petitioners were convicted by the same Court for a similar offence in S. T. 356 of 1978 and similarly sentenced. The conviction and sentence were confirmed by the II Additional Sessions Judge, Trivandrum in Cri. Appeal No. 94 of 1979. This order is challenged in Cri. R, P. No, 302 of 1979.3. The second revision petitioner is the licensee of a shop dealing in milk and milk products at Karamana in Triv...
Tag this Judgment!State Vs. Somasekhara Kurup
Court: Kerala
Decided on: Mar-16-1981
Reported in: 1982CriLJ307
ORDERS.K. Kader, J.1. On the basis of a report made by the Court of Session, Alleppey, the learned Judge in charge of the District took up the matter referred by the learned Sessions Judge in suo motu revision. On the basis of a charge-sheet filed in Crime No. 69/79 of the Muhamma Police Station alleging that the accused committed an offence punishable Under Section 307, IPC the case against the accused was committed to the Court of Session by the Judicial Magistrate of II Class, Alleppey, Under Section 209, Cr. P. C. stating that the offence was one exclusively triable by the Court of Session.2. The accused is alleged to have attempted to murder his wife by stabbing her with a knife several times and thereafter in the course of the same transaction he attempted to commit suicide by inflicting injuries on the vital parts of his body with the same knife, an offence punishable Under Section 309, IPC On completion of investigation, instead of one charge-sheet, two separate charge-sheets w...
Tag this Judgment!N. Sundareswaran and ors. Vs. K.K. Babu
Court: Kerala
Decided on: Mar-16-1981
Reported in: 1981CriLJ966
ORDERU.L. Bhat, J.1. The first accused in C.C. No. 25 of 1980 on the file of the Chief Judicial Magistrate, Kottayam has filed Crl. M. P. No. 441 of 1980 seeking to quash the complaint invoking the provisions of Section 482 of the Code of Criminal Procedure, 1973 (for short the 'Code'). Accused Nos. 2 to 5 therein have filed Crl. M. P. No. 426 of 1980 seeking the same relief. Both these applications are opposed by the respondent-complainant.2. The respondent herein filed a private complaint before the Chief Judicial Magistrate, Kottayam against the petitioners in the two petitions alleging offences under Sections 406, 420, 465, 471 and 477A, I.P.C. read with Section 34. I.P.C. with reference to the funds said to have been collected in connection with the S. N. D. P. Yogam Platinum Jubilee Celebrations by all or some of the accused. It is alleged that the collections were made on the representation that out of the collections, a building costing Rs. 10,00,000/- will be put up for housin...
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