Kerala Court February 1982 Judgments
Raman Sukumaran Vs. Velayudhan Madhavan
Court: Kerala
Decided on: Feb-26-1982
Reported in: AIR1982Ker253
ORDERV. Khalid, J. 1. The plaintiff in O. S. No. 288 of 1978 of the Munsiff's Court, Haripad, is the revision petitioner. The suit was for an injunction to restrain the defendant from trespassing into the plaint schedule property and tampering with the Fences constructed by the plaintiff. The property in the plaint schedule was part of a bigger item, (owned) jointly by the defendant and his brother. There was a partition between them. The plaintiff's wife is the assignee from the defendant's brother and the suit was filed by the husband on behalf of the wife. In the suit the defendant-respondent filed a counter-claim under Order VIII, Rule 6-A, C. P. C. The counter claim related to A schedule (1) therein, which formed a part of the property allotted to him in partition and to which he was entitled to be in possession. According to him the plain-tiff trespassed into that portion and put up fences. In the counter-claim he sought for a declaration of his title to the property and recovery...
Tag this Judgment!C.D. Govinda Rao Vs. Additional Secretary to the Government of India a ...
Court: Kerala
Decided on: Feb-26-1982
Reported in: 1982(10)ELT270(Ker)
M.P. Menon, J.1. The petitioner is a dealer in gold with licensed premises at Trippunithura. On 9-7-1974 a quantity of over 2000 grams of gold was seized from his premises. A show cause notice under Section 79 of the Gold (Control) Act, 1968 was sent by the appropriate authority, by regd. post on 27-12-74. That reached Trippunithura on 28-12-74, but it could not be delivered to the petitioner because he was not present in his business premises. Attempts were made on the following days also to serve the notice, bat he was not coming to the shop. On 6-1-1975 therefore the postal authorities redirected the article to his residence. There also the petitioner was not immediately available, with the result that actual service was effected only on 11-1-1975.2. The main point raised by the petitioner against the confiscation proceedings that followed is that the notice should have been served on him within six months from the date of seizure, ie. on or before 8-1-1975. The service in this case...
Tag this Judgment!Viswanathan Nair Vs. State of Kerala
Court: Kerala
Decided on: Feb-26-1982
Reported in: 1982CriLJ1701
ORDER1. Juvenile delinquency is essentially- a socio-logical problem. Quite often factors such as poor living conditions, bad environments, the stress and Strain at home and the breakdown of peaceful marital life of the parents sow the seed for moral degeneration in the child during its impressionable age and distorted moral and social values, are inculcated while the child grows into adolescence. In the case of such children it would be true to say that society prepares the crime for them to commit. The reformatory process envisaged in the concept of a period of detention in the Borstal School will not be effective unless after release from the Borstal School the adolescent could find for himself a respectable berth in society. Therefore it is of the essence of such detention that it should be accompanied by a period of training in crafts, trades, or arts which would equip the offender to adjust himself in after-prison life. One of us, the Acting Chief Justice, on his visit to the Bor...
Tag this Judgment!P. Achuthan Pillai and anr. Vs. Ameena Bai
Court: Kerala
Decided on: Feb-24-1982
Reported in: AIR1982Ker178
P.C. Balakrishna Menon, J.1. Second Appeal No. 677 of 1977 arises out of O. S. 36/68 and Second Appeal No. 676 of 1977 arises out of O. S. 56/71 on the file of the Sub-Court. Cochin. Both the suits are for arrears of rent in respect of the premises ]et out to the defendant by the plaintiff as per the terms of Ex. A1 agreement dated 20-8-1958. O. S. No. 36/68 is for a period of three years from May 1965 and O. S. No. 56/71 is for a period of three years from May 1968.2. The defendant is the appellant in both these Second Appeals. As per Ext. A1 the premises described therein including a godown and a jetty for loading and unloading cargo from the backwaters of Cochin, were let out to the defendant by the plaintiff on a monthly rent of Rs. 150/-. The rent wag in arrears for the three years period aforesaid and the two suits are filed for recovery of arrears of rent. at the rate fixed in Ext. A1.3. The defence to the suit is that for the failure of the plaintiff to carry out the repairs to...
Tag this Judgment!M. Areefa Beevi Vs. Dr. K.M. Sahib
Court: Kerala
Decided on: Feb-24-1982
Reported in: 1983CriLJ412
ORDERT. Chandrasekhara Menon, J.1. The petitioner herein is the daughter of the respondent. The respondent filed a petition under Section 125 of the Criminal P. C. for maintenance from the petitioner, alleging that he is now unable to maintain himself and the petitioner is duty bound to maintain him. The petitioner who is a graduate in Science as well as in Medicine and Surgery is now working in a Mission Hospital. The claim of the respondent was for maintenance at Rs. 300/- per month.2. While the petitioner resisted the maintenance claim contending that the respondent is a Homeo practitioner getting a daily income of Rs. 50/- and she it getting only Rs. 300/- per month which is not even sufficient to meet her expenses, at the time of evidence she offered no oral or documentary evidence to meet her father's case which sought support from the oral evidence of the father himself and two other witnesses besides two letters and an application, the letters Exts. P-1 and P-2 written by the p...
Tag this Judgment!Calicut Modern Spg. and Wvg. Mills Ltd. Vs. Regional P.F. Commissioner
Court: Kerala
Decided on: Feb-17-1982
Reported in: (1982)ILLJ440Ker
Khalid, J.1. The petitioner, a company registered under the Companies Act, employs about 250 employees. There was a strike by the workmen in January, 1974 which, according to the petitioner, was an illegal strike. Consequent on this strike, the management declared lock-out. The lock-out was lifted only on 26-4-1974. Wages were paid for the period during which the strike and the lock-out were in force, only in the month of May, 1974. The Provident Fund contribution was sent for the period February, 1974 to May, 1974 on 13-5-1974. The respondent, the Regional Provident Fund Commissioner, Trivandrum, issued a show cause notice dated 3-3-1976 Exts. P1 and P1 (a) under Section 14-B of the Employees Provident Fund and Family Pension Fund Act 1952, for short the Act, informing the petitioner that there was a delay in remittance to the fund for the months of February, 1974 to May, 1974 and November 1974. The petitioner was directed to show cause in writing why penal damages should not be levie...
Tag this Judgment!State of Kerala and ors. Vs. P. Vijayakumaran Nair
Court: Kerala
Decided on: Feb-15-1982
Reported in: AIR1983Ker61
Balagangadharan Nair, J. 1. This appeal by respondents 1 to 3 in O. P. (M.V.) No. 55 of 1977 before the Motor Accidents Claims Tribunal, Trivandrum arises out of its judgment awarding Rs. 21,000/- as damages to the petitioner in the Original Petition who is the respondent in the appeal. The appellants are respectively the State, the State Insurance Officer and the driver of a Jeep Wagon KLR 3104 owned by the State and which was involved in the accident.2. The petitioner was at the material time a Telephone Operator in the P. & T. Department. On 28-1-1977 at about 8.15 P.M. he was riding on his motor-cycle KLR 5482 with his wife and child on the pillion, from west to east along the Palayam-Vollayam-balam road, south of the Kanakkimnu Palace in Trivandrum. The road at the point is 40 feet wide. According to the petitioner he was going about 5 feet from the left (northern) edge of the road. The wagon KLR 3104 which was being driven by the third respondent at a high speed from east to west...
Tag this Judgment!P.P. Azeez Vs. Food Inspector
Court: Kerala
Decided on: Feb-12-1982
Reported in: 1982CriLJ1125
ORDERP. Janaki Amma, J.1. The Food Inspector, Tellicherry Municipality, who was the complainant in S.T.C No. 297 of 1978 on the file of the Additional Judicial First Class Magistrate, Tellicherry, is the appellant in Criminal Appeal No. 444 of 1979. The first accused in that case is the petitioner in Crl. R. P. No. 429 of 1979.2. The facts of the case are as follows: The second accused is the licensee in res-pect of the Jubilee Dairy in Jubilee Market. Tellicherry, having licence No. 9/G10. The first accused was the salesman in that concern during the relevant period. On 16-12-1976 PW-1 Food Inspector visited the above shop and purchased 675 ml. of toned milk exhibited for sale, after following the formalities prescribed under the Act and on payment of the price thereof. He divided the sample purchased into three equal, parts poured them into three bottles, added formaline and sealed the sample bottles in the presence of witnesses. A mahazar Ext, P3 was prepared. After due packing and ...
Tag this Judgment!United India Fire and General Insurance Co. Ltd. Vs. Smt. Kalyani and ...
Court: Kerala
Decided on: Feb-11-1982
Reported in: AIR1982Ker315; [1985]58CompCas746(Ker)
Balagangadharan Nair, J.1. Appellant, the United India Fire and General Insurance Co. Ltd. (the Insurance Company) which was the additional 3rd defendant in a suit for compensation has brought this appeal seeking reversal of the decree passed by the Additional Subordinate Judge, Trichur. The relevant facts out of which the appeal arises lie in a narrow compass and can be briefly stated.2. One Surendran who is the son of theplaintiffs-respondents 1 and 2 was employed as a cleaner by the first defendant-3rd respondent in his Lorry KLR 6093 of which the second defendant-fourth respondent was the driver. On Jan. 4, 1973 at about 5 P. M. the lorry was involved in an accident at Ayakudi on Palani-Dindigal Road in the course of which Surendran sustained serious injuries leading to his death. The accident, according to the plaintiffs, was caused by the rash and negligent driving of the lorry by the second defendant. He was prosecuted before the Sub-Divisional Magistrate, Dindigal for the offen...
Tag this Judgment!K.P. Ramakrishnan Vs. New India Assurance Co. Ltd., Calicut
Court: Kerala
Decided on: Feb-10-1982
Reported in: AIR1982Ker181; [1985]58CompCas753(Ker)
Khalid, J.1. This appeal is directed against the order of the 1st Additional Sub-Judge, Kozhikode in O. P. No. 21 of 1979 filed by the New India Assurance Co. Ltd., (the respondent here) against the appellant, requesting that O. S. 87 of 1979 filed by the appellant against the respondent claiming an amount of Rs. 2,65,000/- as damages be stayed. The appellant carries on business in coir yarn and coir mats. He used to stock these materials in his godowns at Calicut. On 4-5-1977 he insured the stock of coir materials with the respondent under a fire policy, the duration of which policy was to expire at 4 p. m. on 4-5-1978.There was an accidental fire in the godown on 29-3-78. The appellant reported this matter to the respondent. On receiving this intimation the respondent instructed his surveyor to conduct a survey of the damages. The survey was conducted on 31-3-1978. The survey report was not given till 4-6-1979. The surveyor wanted inspection of additional records to file a report. Th...
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