Kerala Court December 1983 Judgments
Kesavan Natesan Vs. Madhavan Peethambharan and ors.
Court: Kerala
Decided on: Dec-23-1983
Reported in: 1984CriLJ324
U.L. Bhat, J. 1. One of us (Bhal. J.) who heard the ease originally referred it to a Division Bench of this Court in view of the importance of the questions arising in the case. A Division Bench of this Court heard the case and referred the same to a Full Bench.2. The facts of the case have been summarised, succinctly by Balagangadharan Nair, J., speaking for the Division Bench in the order of reference and we quote the same with advantage:The Sub-Inspector of Police, Mararikulam registered a case, Crime 185 of 1978 against the petitioner and the 2nd respondent for the offence under Section 324 read with Section 114, I. P.C. on the allegation that at the instigation of the petitioner, the 2nd respondent stabbed one Udayabhanu. Udayabhanu subsequently died on account of the stab injury and thereupon Section 324, I. P. C. was substituted by Section 302, I. P. C. After completing the investigation the police filed a charge-sheet against the 2nd respondent alone - dropping the petitioner -...
Tag this Judgment!M.K. Ayoob and ors. Vs. Superintendent, Customs Intelligence Unit and ...
Court: Kerala
Decided on: Dec-23-1983
Reported in: 1984CriLJ949
ORDERU.L. Bhat, J.1. These are applications for bail under Sections 437, 482 and 167, Cr. P.C. by nine among the accused in a customs cast. Similar applications filed by them before the Chief Judicial Magistrate, Tellichery were dismissed.2. The Customs Officers received information to the effect that contraband articles were likely to be landed at the Tellicherry coast on the night of 15-9-1983 and therefore they kept the sea-coast under observation. Lorry No. KLN 4936 was found moving from the Tellicherry beach to the main road, driven by one of the accused and three among the accused were found in the lorry. The lorry was stopped and the Customs Officers checked the lorry and found that the lorry contained contraband articles such as electronic and textile goods etc., of the value of Rs. 56 lakhs. The Customs party also received information that other people were involved in this offence. Tracks of another lorry were found on the beach. On the next day i.e .16-9-1983 lorry MYG 8229 ...
Tag this Judgment!Joseph Michael and anr. Vs. Travancore Rubber and Tea Co. Ltd. and anr ...
Court: Kerala
Decided on: Dec-22-1983
Reported in: [1986]59CompCas898(Ker)
Bhaskaran, Actg. C.J.1. These are appeals under Sub-section (4) of Section 155 of the Companies Act, 1956 ('the Act'), directed against the decision by our learned brother, M.P. Menon J., in C.P. Nos. 8 to 30 of 1980, which were petitions under Section 155 of the Act and Rule 9 of the Companies (Court) Rules, 1959 ('the Rules'), for rectification of the register of members of the first respondent company (the Travancore Rubber and Tea Co. Ltd.) by removing the name of the second respondent in the respective petitions from the register of members in respect of equity shares alleged to have been purchased by the respective petitioner from the second respondent in the respective petitions at the prevailing market rate through brokers and in respect of which, share transfer deeds duly executed by the transferors and the transferees, together with the share certificate relating to the said shares, were forwarded to the registered office of the company for registering the transfers and duly ...
Tag this Judgment!The Dicector of Postal Services (South) Kerala Circle, and anr. Vs. K. ...
Court: Kerala
Decided on: Dec-22-1983
Reported in: (1984)ILLJ484Ker
Bhaskaran Nambiar, J.1. Accepting that the Posts and Telegraphs Department, (P & T Department--in short) is an industry, are the temporary employees in this Department bound by the rules framed under Article 309 of the Constitution, to the exclusion of the provisions contained in Chapter V-A of the Industrial Disputes Act, or can the service rules be ignored in preference to the statutory provisions in the Industrial Disputes Act? This, in short, is the important point arising before the Full Bench in these writ appeals. The brief facts are these:2. The petitioners in the two writ petitions were employed as temporary Clerks in the P & T Department. Their services were terminated by the postal authorities. This Court set aside those orders holding that the termination was illegal. They were accordingly re-instated; but the Department allowed their claim for salary only for three years preceding the date of the High Court order. The petitioners claimed salary for the entire period they w...
Tag this Judgment!Kerala University, B. Com. Students Vs. University of Kerala and ors.
Court: Kerala
Decided on: Dec-21-1983
Reported in: AIR1984Ker217
Bhaskaran, Ag. C.J. 1. 30 students, who figure as signatories to the petition dt. 15-11-1983, presented a petition in person to the Chief Justice of this Court, and that was ordered to be treated as a writ petition. Notice with copy of the writ petition was ordered to be served on the Vice-Chancellor and the Registrar of the Kerala University. On behalf of the Government, notice was ordered to be served on the Government pleader also. The University has entered appearance through its Standing Counsel, On behalf of the petitioners, Sri Balagangadhara Menon appeared at their request. Some of the Associations and Student Groups also have either got themselves impleaded in the writ petition or sent statements expressing their views in the mailer.2. The whole question centres round the introduction of the new syllabi for the 1st Year B. Com. Degree Course for the year 1983-84. It is the admitted case that the new syllabi came into effect only on 2-11-1983. According to the averments in the ...
Tag this Judgment!E.P. George Vs. Thomas John
Court: Kerala
Decided on: Dec-16-1983
Reported in: AIR1984Ker224
Balagangadharan Nair, J. 1. The short facts necessary for the disposal of this appeal by the defendant can be. easily stated. The suit building of which only the southern room is in dispute belongs to the plaintiff-respondent. On 3-7-1970 the plaintiff and defendant entered into an agreement Ext. Al by which the defendant was allowed to use the southern room which faces the K. K. Road for his plastic business on a consideration of Rs. 550/- a month or 6% of the total business turnover whichever was higher. The agreement was for a term of 3 years in the first instance and the parties were at liberty to extend it. Skipping the other clauses which have no relevancy, Clause 11 provided that if owing to any difference of opinion, the parties found it difficult to continue the arrangement it could be terminated by either party giving one month's notice. When the arrangement ceased for any reason whatsoever, the defendant should not cause any interference to the possession and business of the...
Tag this Judgment!S.R. Balasubramanian Vs. District Collector, Palghat and anr.
Court: Kerala
Decided on: Dec-13-1983
Reported in: AIR1984Ker87
Bhaskaran, Ag. C.J.1. The question of law that falls for decision in this writ petition, referred to the Division Bench by our learned brother Justice Paripoornan, relates to the true construction to be given to Section 6-A(2) of the Essential Commodities Act, 1955, (Central Act 10/55), for short the Act.2. The facts material for our present purpose are not much in dispute. On 7-9-1983 the 2nd respondent, the Taluk Supply Officer (Special Squad), Ottapalam, having seized from the petitioner 50.75.000 quintals of raw rice and 30 quintals of boiled rice under a mahazar, the said rice having been found stocked in a mill premises in contravention of the Kerala Food Grains Dealers Licensing Order (the Food Grains Order), a notice dated 9-9-1983, a true copy of which is Ext. P2, was issued to the petitioner by the 1st respondent, the District Collector, Palghat, stating inter alia -'Since the seized articles are of a perishable nature/long storage will damage them/ orders have been issued to...
Tag this Judgment!Kerala State Housing Board Vs. E.A. Yusuff
Court: Kerala
Decided on: Dec-12-1983
Reported in: AIR1984Ker112
ORDERM.P. Menon, J.1. The respondent moved an application, under Section 20 of the Arbitration Act, for 'filing' the arbitration agreement before court. He also applied for issue of a commission for local inspection, under, Order 26. Rule 9, Civil P. C. The petitioner contended that till an order of reference was made under Sub-section (4) of Section 20, the power under Section 41 of the Act could not be exercised. The court below did not express any opinion on this question of jurisdiction, but allowed the commission application. The petitioner objects.2. In. Baby Paul v. Hindustan Paper Corporation (AIR 1973 Ker 223) Vadakkel J. had taken the view that orders in respect of matters set out in items (1) to (4) of the Second Schedule to the Arbitration Act could be issued under Section 41(b) of the Act only after the passing of an order of reference. In other words, such orders could not be issued in proceedings under Section 20 till the stage of reference was reached. Observing that su...
Tag this Judgment!Habeebulla Vs. Shakeela
Court: Kerala
Decided on: Dec-12-1983
Reported in: 1984CriLJ1062
K. Sukumaran, J.1. The appellant in the second appeal - the husband who instituted the suit - admittedly married the respondent-defendant on 18-6-1976. The tragedy in the form of an infantile mortality which befell the child born to them caused friction between the parties and later to untasteful litigations. The wife caused to be sent a notice on 20.2.1978 seeking a divorce. The husband retaliated by his reply dated 15.3.1978, demanding her to come and reside with him. The wife did not relent. The husband married a second time, as well permitted by his personal law. The wife then moved the criminal court for maintenance. Divorce was sought for in civil proceedings. Ultimately divorce was granted by the civil court, and maintenance by the criminal court, at the rate of Rs. 100/- per month invoking Section 125 of the Criminal Procedure Code.2. The husband then came to the civil court seeking to establish the supremacy of his personal law and emphasising the summary character of the proc...
Tag this Judgment!The Food Inspector, Palghat Municipality Vs. K.M. Moose and ors.
Court: Kerala
Decided on: Dec-12-1983
Reported in: 1984CriLJ563
M. Fathima Beevi, J.1. This appeal has come up before us on a reference made by Bhat, J. by order dated 22-10-1932, as an important question involving the interpretation of Rule 7(3). Prevention of Food Adulteration Rules, 1955 arises for decision. The appeal is directed against an order of acquittal. The appellant is the Food Inspector. Palghat Municipality, who instituted the complaint against respondents 1 and 2 for offence punishable under Sections 16(1)(a)(i) and 16(1)(g) read with Section 7(1) prevention of Food Adulteration Act, 1954.2. The complainant on 26-8-1978 collected for purpose of analysis a sample of 'Karimasala' from the shop of respondent 2 and forwarded the same to the Public Analyst. The sample was received by the Public Analyst on 31-8-1978. The Public Analyst delivered the report Ext. P9 signed by him on 9-10-1978 to the Local (Health) Authority on 31-10-1978. The result of the analysis was that the sample did not conform to the standards prescribed for curry pow...
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