Kerala Court November 1983 Judgments
R.S. Boss Vs. K.P. Krishnan Nair and ors.
Court: Kerala
Decided on: Nov-18-1983
Reported in: AIR1984Ker115
ORDERP.C. Balakrishna Menon, J. 1. This original petition as amended is for the issue of a writ of certiorari to quash Explanation III to the Government Order produced as Ext. R-4 (a) along with the counter-affidavit filed by the 4th respondent and for con-sequential reliefs. The petitioner was a candidate for the B.H.M.S. Course in the Athurasramam N.S.S. Homeo Medical College, Sachivethamapuram. Kottayam for the academic year 1982-83. Ext. P-3 dated 18-3-1983 is a true copy of the list of candidates selected for admission for the B.H.M.S. Degree Course in the said college Ext. P-3 shows that the petitioner is number 5 in the waiting list and had obtained in the qualifying examination in the optional subjects, a total of 200 marks The 5th respondent, who is one among the selected candidates in the quota available for 'other backward communities' in the absence of sufficient number of scheduled castes/tribes candidate, in No. 4 in the reservation quota, He had obtained only 262 marks i...
Tag this Judgment!Narayanan and ors. Vs. the State
Court: Kerala
Decided on: Nov-16-1983
Reported in: 1984CriLJ528
K.K. Narendran, J. 1. Accused 1. 2 and 4 in Sessions Case No. 02 of 1981 of the Additional Sessions Court, Kottayam. are the appellants in this criminal appeal. The challenge is against the conviction passed by the learned Sessions Judge under Section 302, I. P. C, of accused 1 and under Section 302 read with Section 34, I. P. C, of accused 2 and 4. and sentence for imprisonment for life of all the 3 accused. Accused 3 was acquitted in the case. Briefly stated, the prosecution case is : The occurrence took place on the night of 9-3-1981. On that day, Thankachan, the deceased, went to the house of P, W. 1 to collect his share of profits in the bus service of which he was a partner, and received Rs. 5000/-. At about 12.30 in the night, he reached Nellickal junction where accused 4 was having a tea-shop. Thankachan was sitting on a table in the adjoining shop, and on the table there was a plastic can. There was an altercation between accused 1 and 4 and Thankachan, and, at that time. P. W...
Tag this Judgment!ittoop Vs. Mathunni and anr.
Court: Kerala
Decided on: Nov-11-1983
Reported in: AIR1984Ker73
Paeipoornan, J. 1. This matter arises on a reference made by the taxing officer for determination of the proper court-fee payable in the appeal. When the matter came up before the Division Bench, it was felt by the learned Judges that the matter in issue deserves to be considered by a Full Bench. The Division Bench felt that in view of the doubt expressed by the Full Bench in Kuriyan. v. Ayyappan : AIR1982Ker214 about the approach and observations in In Re Seetha-lakshmi 1980 Ker LT 560, the matter merits consideration by a Full Bench. Accordingly, it was heard by this Full Bench.2. The facts of this case are in a narrow compass. The appellant in the miscellaneous Appeal was the petitioner in O. P. No. 77 of 1981. It was a petition filed under Section 278 of the Succession Act for obtaining letters of administration with the will annexed. The father of the petitioner, Pulikkoottil Chaeku executed Ext. A1 will dt. 15-1.1-1956. He died on 2-3-1957. The will was registered subsequent to t...
Tag this Judgment!Food Ispector Vs. K.S. Cyriac
Court: Kerala
Decided on: Nov-07-1983
Reported in: 1984CriLJ1487
S.K. Kadar, J.1. An order of acquittal in a case under the Prevention of Food Adulteration Act, 1954, as amended by Act 35 of 1976, hereinafter referred to as the Act, passed by the Chief Judicial Magistrate, Thodupuzha, in C.C. 145/79, is challenged in this criminal appeal filed by the Food Inspector. Thodupuzha Circle. On March 27, 1979 at 5 p.m. the Food Inspector, Alacode Panchayat, Thodupuzha Circle (PW. 1) inspected the factory run by the respondent, Managing Partner. The Tropical Fruit Products, Alacode for the purpose of purchasing a sample of a food article which the concern was manufacturing for sale. Accused 2 and 3 before the trial Court are the other partners of this concern. The respondent was manufacturing in his factory synthetic vinegar, orange squash, etc. under a licence granted by the local panchayat and also a licence granted under the Act. At the time of inspection, the respondent was present in the factory and PW. 1 found a number of bottles of vinegar kept for s...
Tag this Judgment!State of Kerala Vs. Cleetus Thomas and ors.
Court: Kerala
Decided on: Nov-02-1983
Reported in: 1983CriLJ1939
M. Fathima Beevi, J.1. The appeal by the State is directed against the order acquitting the respondents, the accused in Sessions Case No. 70 of 1979 of the Additional Sessions Court, Mavelikkara.2. The respondents-accused 1 to 5, were tried for offence punishable under Sections 143, 148, 149 and 302, I.P.C. on the charge that the' accused forming themselves into an unlawful assembly armed with deadly weapons, in prosecution of their common object committed murder by causing the death of Varghese (37) at about 8 p. m. on July 19, 1979. The incident is alleged to have happened on the public road running from east to west at Arthungal within the limits of the Sherthallai police station. The case of the prosecution briefly stated is this:3. Varghese, the deceased, and accused Nos. 1 to 5 were fishermen attached to the coastal area at Arthungal. There was a quarrel between the deceased and the first accused on 30-6-1979 in connection with the election to the fishermens' Co-operative Society...
Tag this Judgment!Kunhipathumma and anr. Vs. the Divisional Personal Officer
Court: Kerala
Decided on: Nov-01-1983
Reported in: II(1984)ACC151
K. Kharkaran Ag. C.J.1. This is purported to be an application under Section 151 of the Code of Civil Procedure for impleading the petitioners, who are stated to be the legal representatives of the applicant in W.C. No. 58 of 1982 before the Commissioner for Workmen's Compensation, Kozhikode, the said applicant having died on 21-5-1983 after the order against which the appeal is sought to be filed was posted. The office expressed doubt regarding the maintainability of the application under Section 151 C.P.C. for impleading the petitioners in the appeal sought to be filed.2. We do not think that an application in the nature of the one which is before us is contemplated for the purpose of filing an appeal against the order of the Commissioner for Workmen's Compensation under Section 30 of the Workmen's Compensation Act, 1923 (the Act). The term workmen as defined in Section 2(n) of the Act reads as follows:(n) 'workman' means any person (other than a person whose employment is of a casua...
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