Kerala Court March 1982 Judgments
Moidu Vs. State of Kerala
Court: Kerala
Decided on: Mar-31-1982
Reported in: 1982CriLJ2293
Subramonian Poti, Ag. C.J.1. Our learned brother Khalid J. doubted the correctness of the decision in Chirukandath Chandrasekharan v. State of Kerala. 1970 Ker LJ 61 and expressed the view that the principle enunciated in that decision needs reconsideration, Proceedings initiated under Section 107 of the Code of Criminal Procedure were sought to be quashed. The proceedings so taken under Section 107 of the Code were attacked in the said petitions under Section 482 of the Code of Criminal Procedure on the basis that the proceedings were grounded on accusations which formed the subject-matter of cases pending investigation of pending trial in courts. Our learned brother Sadasivan. J. in Chandrasekharan's case expressed the view that the incidents involved in such cases cannot be the ground for initiation of proceedings under Section 107 of the Code. The correct--ness of that view was doubted not only by our learned brother Khalid J. but by one of us. Justice Janaki Amma, who had in the o...
Tag this Judgment!Adam Aboobacker Sait Vs. Kerala Wakf Board and ors.
Court: Kerala
Decided on: Mar-26-1982
Reported in: AIR1982Ker322
ORDERT. Kochu Thommen, J. 1. The question which arises is whether or not the Board of Wakfs (the 'Board') established under the Wakf Act, 1954 (the 'Act') can adjudicate upon questions relating to the validity of appointment of a Managing Trustee of a mulawalli. The Board by the impugned order (Ext. P-4 dated 17-11-1979) upheld the contention of respondents 2 to 4 that the petitioner Adam Aboo-backer Sail was not qualified to be appointed as the Managing Trustee of the mutawalli. Accordingly the Board held that the appointment of the petitioner to that office was illegal. The Board further held that the 2nd respondent was eligible to be appointed as the Managing Trustee.2. Challenging Ext. P-4. the petitioner's counsel Shri Kelu Nambiar submits that in the first place the Board had no jurisdiction to examine, the validity of appointment to the office of Managing Trustee and secondly the construction of the relevant provision of the instrument of wakf on the basis of which the Board rea...
Tag this Judgment!Food Inspector Vs. Suwert and Dholakia (P.) Ltd.
Court: Kerala
Decided on: Mar-25-1982
Reported in: 1982CriLJ1707
P. Janaki Amma, J.1. The appellant is the Food Inspector of Cochin Corporation. The appeal is against the order of acquittal of the four accused in C. C. No. 10 of 1977, on the file of the Additional Judicial Magistrate, First Class, Ernakulam.2. The first accused is a company by name 'Seiwert and Dholakia Private Ltd.', represented by its Managing Partner, The second accused is the Managing Partner of the company. The third accused is the Godown Keeper of the first accused company. The fourth accused is the National Tea Distributors, Wellington Island the concern, which is stated to have sold tea to the second accused as per debit notes.3. The case of the complainant is as follows : On 27-10-1976 at 9.30 a. m. P.W. 1, Food Inspector. visited the godown of the company situated in Willington Island. He purchased four samples from the stock of tea kept in the godown from the third accused godown keeper. Of the samples taken one was in respect of tea by name 'Clen rock', the second was fr...
Tag this Judgment!T.T. Augustine Vs. Changanacherry Municipality
Court: Kerala
Decided on: Mar-24-1982
Reported in: AIR1982Ker307
P.C. Balakrishna Menon, J.1. The defendant is the appellant. The suit is by the Changanacherry Municipality for the balance amount due from the defendant who was an agent of the plaintiff Municipality for the sale of raffle tickets in respect of the Changanacherry Municipal Stadium Fund Raffle conducted by the Municipality with the sanction of the Government. The defendant raised various contentions in defence to the suit. All his contentions were overruled and the suit was decreed by the trial Court. The decision of the trial Court was confirmed in appeal by the lower appellate Court.2. That the defendant was an agent of the plaintiff-Municipality for the sale of raffle tickets is not in dispute. The only point urged by the learned Counsel for the defendant-appellant is that the contract of agency is for a purpose of wager opposed to Section 30 of the Indian Contract Act and hence the suit is not maintainable. As pet Section 30 of the Contract Act, 'agreements by way of wager are void...
Tag this Judgment!T. Madhavan Chetty Vs. Puthanoor Bhaskaran Chetty and anr.
Court: Kerala
Decided on: Mar-23-1982
Reported in: AIR1982Ker327
1. The only point for determination in this second appeal is as to whether a clause in a deed of mortgage, for redemption before the mortgage money has become due, is enforceable, and a suit will lie before the right of the mortgagee to enforce the mortgage has accrued.2. The trial Court decreed the suit relying on the terms of the mortgage deed Exhibit A1 in this case, providing for redemption even before the mortgage money has become due.3. The lower appellate Court has reversed the decision of the trial Court and has dismissed the suit holding that the mortgagor's right of redemption is co-extensive with the mortgagee's right to demand the mortgage money and the suit for redemption before the mortgage money has become due, is premature. It is against this that the plaintiff has come up in Second Appeal.4. Under Section 60 of the T. P. Act the mortgagor has a right on payment or tender of the mortgage money to redeem the mortgage at any time after the principal money has become due.5...
Tag this Judgment!C.P. Madhavan Nair Vs. Cheruvot Thazham Nilam Mulleri Parambath Kuttim ...
Court: Kerala
Decided on: Mar-22-1982
Reported in: AIR1982Ker298
P.C. Balakrishna Menon, J.1. The plaintiff is the appellant. The suit is for a declaration of the plaintiff's right of way 8 1/2 feet wide across the B Schedule property, admittedly belonging to defendants 1 to 8. The plaintiff claims the right of way as an easement by prescription. The defendants conceded the plaintiff's right of way along the pathway 5 feel in width. They denied the plaintiff's right of easement over an 8 1/2 feet wide pathway.2. The trial Court found that the plaintiff has established the right of way as claimed in the plaint as an easement by prescription and decreed the suit as prayed for. The lower appellate Court has reversed the decision of the trial Court and has found that the plaintiff has not been able to prove that he had been using as of right the pathway 8 1/2 feet wide across the plaint B schedule property for the statutory period of twenty years. It is against this that the plaintiff has come up in second appeal.3. The learned counsel for the responden...
Tag this Judgment!Augustine and ors. Vs. the State
Court: Kerala
Decided on: Mar-22-1982
Reported in: 1982CriLJ1557
P. Janaki Amma, J.1. The nine accused in SC No. 11 of 1980 of the Court of the Additional Sessions Judge, Parur, were tried for the murder of one Michael, for causing injuries to his wife and two sons and other offences. It so happened that accused 1, 6 and 7 also sustained some injuries in the course of the same transaction; The police registered Crime No. 97 of 1979 on the basis of the information given by PW-1, one of the injured sons of Michael, and Crime No. 99 of 1979 on the basis of the statement of the sixth accused. After investigation a charge-sheet was presented in respect of Crime No. 97 of 1979, Crime No. 99 of 1979 was referred as false and a report to that effect was filed. After trial accused 1, 2 and 4 to 7 were convicted for murder, rioting and other cognate offences. Criminal Appeal No. 305 of 1980 was filed before this Court against the conviction and sentence of the above accused. The State filed Criminal Appeal No. 430 of 1980 against the acquittal of accused 3, 8...
Tag this Judgment!Raja Industries and anr. Vs. the General Manager, District Industries ...
Court: Kerala
Decided on: Mar-19-1982
Reported in: AIR1982Ker337
ORDERK. Sukumaran, J. 1. Time was when Kerala abounded in wood-wealth; Including softwood. The State had the second biggest timber market in the world, Kallai. These, however, appear now, as matters of distant glory, fading memory, and a boast about the past. Almost like that of the well known Malayalam literary character who used to say 'My Great Grand-Pa had an elephant'.2. Scarcity in timber supply is now keenly felt. Wood-based industries starve for raw materials. Scarcity has generated problems of resource mobilisation and equitable distribution. Ad hoc adjustments were initially introduced, Lasting problems, however, require more enduring solutions. The solutions must be reasonable, rational and just. That is a constitutional requirement. Whether the solution evolved by the State in relation to softwood distribution -- the policy of distribution as evolved by the softwood Committee which met on 17-6-1980 --stands the test of constitutionality judged by Article 14 and Article 19 o...
Tag this Judgment!N. Krishnamoorthy Vs. State of Kerala
Court: Kerala
Decided on: Mar-19-1982
Reported in: AIR1982Ker301
P.C. Balakrishna Menon, J.1. The defendant is the appellant. The suit is by the State of Kerala, for recovery of damages Rs. 7,100/- from the defendant, for the damage done to the Tagore Centenary Theatre, Trivandrum, belonging to the State and managed by a Committee of which the Revenue Divisional Officer, Trivandrum is the Secretary and Convenor. The defendant as the Secretary of an Art Association known as 'Roopanjali', was allotted the theatre for the performance of a dance and music concert on 19-1-1969. During the course of the performance there was an unexpected onrush of people resulting in damage to the fixtures and furniture in the theatre and the Government had to spend Rs. 7,200/- for repairs and replacement of the articles damaged. According to the plaintiff, damage to the theatre was caused during the performance on 19-1-1969 while the theatre was in the use of occupation of the defendant and he is bound to restore the same in the condition in which it was allotted for hi...
Tag this Judgment!Kuriyan Vs. Aluru Ouseph and ors.
Court: Kerala
Decided on: Mar-16-1982
Reported in: AIR1982Ker214
Subramonian Poti, Ag. C. J. 1. Since the correctness of the decision ofa Division Bench of this Court reportedin In Re Seethalakshmi (1980 Ker LT560) was doubted, the matter was referred to a Full Bench and thus thecase is before us on the question of proper court-fee payable for the appeal. Theappeal is against O. P. No. 67 of 1974of the District Court, Trichur, that petition being one for letters of administration with copy of the will annexed. Theproceedings were contentious. Butnevertheless the proceedings have notbeen registered as a suit as it ought tohave been. There was in fact no caveatentered as it ought to havebeen. The practice of failing toenter a caveal and failing to registersuch proceedings as contentious suits hasbeen adverted to by this Court in thedecision in Kamala Bai Nelson v. SamVedarai (ILR (1981) 2 Ker 1).2. The appellant valued the appeal under Article 4 of Schedule I of the Kerala Court-fees and Suits Valuation Act and paid court-fee of Rs. 786/- due under th...
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