Kerala Court November 1984 Judgments
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V.K. Velappu Vs. M.J. Varu
Court: Kerala
Decided on: Nov-09-1984
Reported in: [1987]61CompCas368(Ker)
Bhaskaran, Actg, C.J. 1. Plaintiff's suit for recovery of the amount due under exhibit A-3, promissory note, dated September 27, 1971, with incidental reliefs, having been decreed as prayed for, the defeated defendant has come up in appeal.2. The substance of the plaint allegations is that the appellant-defendant had borrowed from the plaintiff a sum of Rs. 15,000 for his contract work, executing in his own hand exhibit A-3, promissory note, promising to pay the amount with 6% interest thereon on demand ; a payment of Rs. 1,000 made on September 20, 1974, was endorsed on the promissory note by the defendant in his own hand ; no other payment was received towards the promissory amount; to the suit notice dated April 7, 1975, a true copy of which is exhibit A-2, the defendant had sent exhibit A-1 reply dated April 22, 1975, denying his liability, and putting forward false contentions ; hence the suit became necessary.3. The defendant, in his written statement, while admitting the executi...
Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Vs. C ...
Court: Kerala
Decided on: Nov-09-1984
Reported in: [1985]59STC231(Ker)
M.P. Menon, J. 1. In these revisions filed under Section 41 of the Kerala General Sales Tax Act, 1963 the Deputy Commissioner of Sales Tax questions the correctness of the view taken by the Sales Tax Appellate Tribunal that 'firewood' sold by the assessees to the Gwalior Rayon Silk . is to be assessed at the rate of 1 per cent under item 55 of the First Schedule to the Act, as it stood at the material time.2. The assessee in T. R. C. No. 73 of 1981 is a coupe contractor, and he entered into an agreement with the Gwalior Rayons for the supply of 'approved variety of firewood'. Relevant portions of the letter written by the company to the assessee, incorporating the terms of the agreement, are extracted below : Dear Sirs, With reference to the discussions we had, we are pleased to give you the contract referred to above, subject to the following terms and conditions :--Quantity:You will supply minimum 5000 M. Tons of approved variety of firewood duly debarked and splitted, from the above...
N.T. Varkey Vs. State Bank of Travancore
Court: Kerala
Decided on: Nov-07-1984
Reported in: [1987]61CompCas346(Ker)
Bhaskaran, Actg., C.J. 1. The first defendant in O.S. No. 60 of 1974 on the file of the Additional Sub-Court, Ernakulam, is the appellant. The suit was one for recovery of the sum of Rs. 7,000 with interest thereon due under the hypothecation bond dated January 11, 1951, exhibit A-1, executed by the first defendant charging the plaint schedule property in favour of the Kottayam Orient Central Bank Limited which subsequently amalgamated with the plaintiff-bank (State Bank of Travancore). It is averred in the plaint, inter alia, as follows: The appellant first defendant acknowledged his liability to the said bank in respect of the amount of Rs. 9,977.70 due under exhibit A-1, mortgage deed, as on March 31, 1962, by a deed of acknowledgment dated May 19, 1962. The plaintiff-bank filed a suit, O.S. No. 104 of 1962 on the file of the Subordinate Judge of Ernakulam on the original bond, and obtained a preliminary decree dated February 25, 1964. The execution application filed by the bank the...
K.R. Gopalakrishnan Vs. P. Raman Namboodiri
Court: Kerala
Decided on: Nov-07-1984
Reported in: 1985CriLJ1035
ORDERV. Bhaskaran Nambiar, J.1. I do not think that discipline in a Government office should erode to such an extent as to encourage a Government servant to file a complaint in a criminal court alleging that entries in a confidential report made by his superior officer are defamatory.2. The petitioner is a Superintendent of the R.M.S, Division and the respondent is the Head Sorting Assistant, a subordinate of the Superintendent. The petitioner as an authority competent to make entries in the Confidential report of the respondent stated that the respondent did not have adequate grasp of the subject, he was 'argumentative' and described him as 'defiant' and 'not very devoted to duty' and stated that he was not industrious'. It was added further that he was not 'trustworthy' and 'is not a very satisfactory worker'.3. The respondent alleged that these statements made were per se defamatory and that they were communicated not according to the procedure prescribed under the administrative ma...
P. Kesavan Vs. B. Krishnamma
Court: Kerala
Decided on: Nov-05-1984
Reported in: AIR1985Ker259
Narendran, J.1. The short point that arises for consideration in this civil revision is whether after the repeal of the Travancore Ezhava Act, 1100 by the Kerala Joint Hindu Family System (Abolition) Act, 1975 a petition for dissolution of marriage can be filed under Section 8 of Ezhava Act, if before the repeal the wife refused to live with the husband. The decision on the point depends on the questions whether the repeal was a simple repeal and what is the impact of Section 4(c) of the Interpretation and General Clauses Act, 1125 which corresponds to Section 6(c) of the GeneralClauses Act, 1897 on the repeal.2. The petitioner husband in the petition for dissolution of marriage under Section 8 of the Travancore Ezhava Act, 1100 is the petitioner in the civil revision. The petitioner married the respondent while he was in the Air Force. Later, he was discharged from the Air Force and he settled down in his native place. On 16-9-1976 he requested the respondent wife to reside with him, ...
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