Kerala Court December 1984 Judgments
Sivan Pillai Vs. B.C. Jose
Court: Kerala
Decided on: Dec-17-1984
Reported in: AIR1986Ker153
ORDERVarghese Kalliath, J.1. In this petition, the petitioner calls in question the election of the first respondent to the Kerala Legislative Assembly from No. 70 Parur Constituency. He has filed this petition under Sections 80, 80A, 81, 82, 83, 84 and 100 of the Representation of the People Act, 1951, for brevity, 'the Act'.2. The petition reveals the following facts. The petitioner, the respondent and four others were contesting candidates in the election of the No. 70 Parur Constituency. The notification under Sub-section. (2) of Section 15 of the Act was published in the Official Gazette of the State of Kerala on 17th Apr. 1982, calling upon all the assembly constituencies in the State of Kerala to elect members for the purpose of constituting a new Legislative Assembly for the State. The poll took place on 19-5-1982 in all the constituencies including No, 70 Parur Constituency.3. The petitioner contested the election as a candidate of the Communist Party of India, a constituent p...
Tag this Judgment!Ram Chandran Vs. State of Kerala and anr.
Court: Kerala
Decided on: Dec-17-1984
Reported in: 1985CriLJ558
M.P. Menon, J.1. The petitioner is the brother of one Sadasiva Sail, detained in the Central Prison. Trivandrum as per Ext. P1 order dt. 19-6-1984 of the State Government, issued in exercise of powers Under Section 3(1)(iii) and 3(1)(iv).of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974. The prayer is for the issue of a writ of habeas corpus directing the release of the detenu.2. The detenu belongs to Maharashtra State. He came to the Kerala State and settled down at Trichur more than a decade ago. Following seizure of 60 gold bars of foreign origin from one Pregna Mehta on 2-5-1984, officers of the Central Excise searched the business premises of the detenu at Trichur on 5-6-1984 and recovered 2974 gms. of gold (including 10 foreign marked gold biscuits). He was taken into custody, remanded and interrogated on two days. Statements were recorded on both occasions. The Collector of Customs & Central Excise proposed to the State Government that Sail ...
Tag this Judgment!V.E. Vasudevan and ors. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Dec-14-1984
Reported in: AIR1985Ker69
Bhaskaran, Ag. C.J.1. The backdrop of the case and the basic questions of law in all the four Original Petitions being the same, they were heard together and are being disposed of by this common judgment.2. The challenge in O.P. No. 8517 of 1984 is directed against the Kerala Panchayats (Amendment) Ordinance, 1984 (hereinafter referred to as Ordinance No. 69 of 1984), with particular reference to Section 3 thereof. A true copy of Ordinance No. 69 of 1984 published in the Kerala Gazette Extraordinary dated 30th September, 1984 has been produced and marked as Ext. P4. The challenge in O.P. No. 8953 of 1984 and 8630 of 1984 is directed against the Kerala Municipalities (Second Amendment) Ordinance 1984 (hereinafter referred to as Ordinance No. 68 of 1984); a true copy of this has been marked as Ext. P2 in O,P. No. 8630 of 1984. The challenge in O.P. No. 8953 of 1984 is directed against the Kerala Municipal Corporations (Amendment) Ordinance of 1984 (hereinafter referred to as Ordinance No...
Tag this Judgment!Haji Abdulla Haji Adam Sait Dharmasthapanam Vs. T.V. Hameed
Court: Kerala
Decided on: Dec-13-1984
Reported in: AIR1985Ker93
Radhakrishna Menon, J.1. This appeal by the plaintiff in O.S. 280 of 1974 in the Court of the 1st Additional Sub Judge, Ernakulam for recovery of arrears of rent with interest, is against that part of the judgment decreeing the cross-claim of the defendant-respondent.2. Facts relevant for consideration of the issue involved in the appeal are few and they are as, shown hereunder. The plaint schedule building belongs to the plaintiff-Dharma-sthapanam. The defendant, the tenant of the building since 5th July 1954, is conducting his hotel business by name 'Cochin Refreshment House' in the said building. While so, the defendant-respondent started paying rent at an enhanced rate of Rs. 300/- from 1957 onwards. In December 1972, the defendant-respondent without obtaining the consent of the plaintiff, commenced certain unauthorised works on the building and it resulted in the plaintiff-appellant filing the suit, O. S. 982 of 1972 on the file of the Munsiffs Court, Ernakulam for an injunction r...
Tag this Judgment!Swami Premananda Bharathi Vs. Swami Yogananda Bharathi and anr.
Court: Kerala
Decided on: Dec-12-1984
Reported in: AIR1985Ker83
Paripoornan, J.1. These are connected appeals. The 1st defendant in O. S. No. 2 of 1962. District Court. Quilon, is the appellant in A. S. No. 32 of 1978. The 1st plaintiff in O. S. No. 2 of 1962, District Court, Quilon, is the appellant in A. S. No. 119 of 1978. Originally there were two suits, O. S. Nos. 2 and 3 of 1962. The 1st defendant in O. S. No. 2 of 1962 was the plaintiff in O. S. No. 3 of 1962. This later Suit, O. S. 3 of 1962, was withdrawn. We are now concerned only with O. S. No. 2 of 1962. The case has a chequared career. The facts involved are voluminous. In the light of our decision on a fundamental and crucial point, we are stating only the bare minimum facts to understand the background of the case. The suit was filed for removal of the first defendant from the management of the Asramam, to frame a scheme for the administration of the Trust, and for an order of injunction. The plaintiffs are Sanyasis attached to the Asramam of which the first defendant is the Mahant i...
Tag this Judgment!T.A. Rajendran Vs. Vakkam B. Purushothaman and anr.
Court: Kerala
Decided on: Dec-12-1984
Reported in: AIR1985Ker106
V. Sivaraman Nair, J.1. The first respondent is the Speaker of the Kerala Legislative Assembly. The petitioner submits that while continuing in that office, with all the paraphernalia attached thereto he is contesting the Parliamentary Election from Alleppey as a candidate of a political party. The petitioner submits that this is inconsistent with the traditions of independence and impartiality of the office of the Speaker, that in similar situations, persons holding the office of Speaker had resigned from that office to contest the elections and that refusal of the first respondent to do likewise sets up a very bad precedent undermining the basic tenets of our constitutional Government. He, therefore, seeks the removal of the first respondent from the office of the Speaker of the Kerala Legislature. It is submitted that it was assumed in the decision of the Travancore-Cochin High Court reported in Nesamony v. T. M. Varghese, AIR 1952 Trav Co. 66, that the Speaker of the Legislature is...
Tag this Judgment!K.i. George and anr. Vs. C. Cheriyan and ors.
Court: Kerala
Decided on: Dec-12-1984
Reported in: AIR1986Ker12
ORDERK. John Mathew, J.1. Defendants 3 and 4 are the revision petitioners. The plaintiff, who is respondent 1 herein, filed O. S. No, 556 of 1984 on the file of the Additional Munsif, Kottayam, with the following prayers :'(i) Defendants 1 and 2 may be restrained by an order of injunction from supplying bromides to defendants 3 and 4 for publication in Malayalam to anybody other than the plaintiff. (ii) Defendants 1 and 2 may be directed by an order of mandatory injunction to supply the remaining bromides including bromides Nos. 55, 56 and 57 to the plaintiff for publication in his Poonchola as before. (iii) Defendants 3 and 4 may be restrained by an order of injunction from publishing any of the bromides of Tinkle Publications owned and edited by defendants 1 and 2 either in Balarama or any other similar publications allied to it in the Malayalam Language. (iv) The defendants may be made liable for the entire costs of this suit and the plaintiff allowed to recover the same. (v) Such o...
Tag this Judgment!Saran Vs. CochIn Refineries Ltd.
Court: Kerala
Decided on: Dec-11-1984
Reported in: (1986)IILLJ257Ker
Balakrishna Menon, J.1. In this appeal by the plaintiff, the only question urged by the learned Counsel for the appellant is that the termination of the plaintiffs services from the 1st defendant Company, based on the findings of the 2nd defendant, at a domestic enquiry, without affording the plaintiff an opportunity to have the services of a legal practitioner of his choice for his defence is vitiated and therefore the plaintiff is entitled to the relief prayed for in the plaint.2. The plaintiff was appointed as a Mechanical Superintendent in the 1st defendant Company and he entered service on 17th April, 1967. The terms of the contract of appointment are contained in Ext. A1 offer made by the 1st defendant Company and accepted by the plaintiff. As per Ext. A1 the plaintiff is to be on probation for one year during which period the appointment is terminable without notice and after confirmation with one month's notice on either side. Both sides agree that the petitioner is not a workm...
Tag this Judgment!V. Muraleedharan Nair Vs. N.J. Antony and anr.
Court: Kerala
Decided on: Dec-10-1984
Reported in: 1985CriLJ633
ORDERV. Bhaskaran Nambiar, J.1. Shri N.J. Antony is a member of the Kottayam Bar. Shri James Joseph is an Engineer. They were standing in the courtyard of a church compound on the side of a road. A young police Sub-Inspector came in his jeep, lie assaulted the Engineer and abused the Advocate. They were taken to the police station and wrongfully detained. This in brief is the case of the advocate : what followed is material.2. Antony filed a criminal complaint against the police Sub-Inspector. S.T. No. 40 of 1983 before the Chief Judicial Magistrate. Kottayam, alleging that he committed an offence Under Section 342. Penal Code. The Bar Association, Kottayam, considered the incident as an assault on the profession itself. They passed a resolution to the following effect :-The Bar Association. Kottayam unanimously pass the following resolutions for action.1. That the Bar Association. Kottayam, strongly condemn the illegal and indecent conduct and action of the Sub-Inspector of Police, Ku...
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