Kerala Court July 1985 Judgments
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Beerankoya Haji Vs. P.P. Mohammedkutty
Court: Kerala
Decided on: Jul-08-1985
Reported in: AIR1986Ker10
K.S. Paripoornan, J.1. The plaintiffs in O. S. 19 of 1977 of the Munsiff's Court, Kozhikode are the appellants. The defendants are the respondents. The suit was one for recovery, of possession of plaint schedule property on the strength of title. It was demised by the plaintiffs' mother to the 1st defendant and one Aboobacker on 20-1-1971. Proceedings were taken for recovery of arrears of rent. The plaintiffs mother filed O. P. (R. C.) 138 of 1975 for eviction. It was allowed. In execution of the above decree in M. P. 767 of 1975, the plaint schedule property was taken delivery of by the plaintiffs. Certified copy of the order in O. P. (R. C) 138 of 1975 dated 16-10-1976 is Ext. A 1 and the decree is Ext. A 2. The delivery report is Ext. A9 dated 6-1-1976. Since there was obstruction in taking delivery, it was effected with the help of police. The 1st defendant trespassed into the plaint schedule property. A police complaint was filed against him. He occupied the house immediately ther...
S. Krishnan and anr. Vs. K. Narayana Iyer and ors.
Court: Kerala
Decided on: Jul-05-1985
Reported in: AIR1986Ker267
Balakrishna Menon, J. 1. Both these appeals are against the preliminary decree in O. S. No. 123 of 1974 of the Subordinate Judge's Court, Trichur. A. S. No. 351 of 1979 is by the plaintiffs and A, S. No. 66 of 1980 is by defendants 1 and 4. Both the appellants in A. S. No. 66 of 1980 died during the pendency of the appeal and respondents 3 and 4 in the appeal are recorded and additional 3rd appellant is brought on record as their legal representatives.2. The suit is for partition of the plaintiffs' half share in the plaint A, B and C schedule properties as belonging to a Hindu Mithakshara joint family of the descendants of late Sreemadom Krishna Iyer. Krishna Iyer had two sons Subramonia Iyer and the 1st defendant. Subramonia Iyer died in 1964. The Ist plaintiff is his son and the 2nd plaintiff is the son of the Ist plaintiff. Defendants 2 and 3 are the sons of the Ist defendant and the 4th defendant is his wife. There was no dispute that the A schedule items as originally shown in the...
Peter John Vs. Commissioner of Income-tax
Court: Kerala
Decided on: Jul-03-1985
Reported in: [1986]157ITR711(Ker)
Bhaskaran, C.J.1. The counsel for the assessee having canvassed the correctness of the decision of this court in Jairam v. CIT : [1979]117ITR638(Ker) and George Paul Puthumn v. CIT : [1980]126ITR168(Ker) , the question of law arising from the decision of the Appellate Tribunal has been referred to a Full Bench by the Division Bench, before which the matter came up for hearing at the first instance. The question of law referred to this court by the Income-tax Appellate Tribunal, Cochin Bench, under Section 256(2) of the Income-tax Act, 1961, pursuant to the direction by this court in the judgment dated February 28, 1978, in O. P. Nos. 4770 and 4772 of 1975, reads as follows ;' Whether, on the facts and in the circumstances of the case, as per the ratio of the Supreme Court decisions in Shamlal Narula v. CIT : [1964]53ITR151(SC) and Ramanathan Chettiar v. CIT : [1967]63ITR458(SC) , the land acquisition interest of Rs. 80,253 included by the Income-tax Officer under Section 5(l)(b) of the...
Commissioner of Income-tax Vs. K.A. Vamana Pai
Court: Kerala
Decided on: Jul-02-1985
Reported in: [1986]158ITR211(Ker)
Bhaskaran, C.J.1. The short facts relevant for the purpose of answering this reference could be stated as follows : The assessment year is1971-72, the accounting period being the financial year starting on April 1, 1970, and ending on March 31, 1971. The assessee was the owner of a property, the construction of which was completed in July, 1969. In relation to the previous year relevant to the preceding accounting year, i.e., 1970-71, that property was not let out at all. A part of the property was, however, let out for the first time on March 1, 1971. In the assessment year 1970-71, the Commissioner of Income-tax allowed no vacancy remission following the decision of the Calcutta High Court in Liquidator, Mahmudabad Properties Ltd. v. CIT : [1972]83ITR470(Cal) . A copy of the order of the Commissioner for the assessment year 1970-71, asking the Income-tax Officer to withdraw vacancy allowance granted for the assessment year 1970-71, is annexure A. In appeal, the Tribunal took the view...
K. Rama Krishnan Vs. Station House Officer
Court: Kerala
Decided on: Jul-02-1985
Reported in: 1986CriLJ392
ORDERS. Padmanabhan, J.1. I have heard counsel for the petitioner and the Public Prosecutor. This is a petition filed under Section 482 of the Cr. P.C. hereinafter referred to as 'the Code', for quashing the proceedings in C.C. 228 of 1984. Alleging that one Raman trespassed into the house of the petitioner and criminally intimidated him at about 1.30 p.m. on 22-3-1984, the petitioner filed a criminal complaint before the Judicial First Class Magistrate, Hosdurg on 31-3-1984. The Magistrate forwarded the complaint under Section 156(3) of the Code to the respondent for investigation. After investigation, a refer report was filed. Thereafter, the petitioner filed a private complaint on the same facts before the same Magistrate. Petitioner and 4 witnesses were examined in an enquiry under Section 202 of the Code. Thereafter, the complaint was dismissed by the Magistrate under Section 203 of the Code on the ground that there are no sufficient grounds for proceeding with the complaint. Mean...
Smt. Mani Vs. State of Kerala
Court: Kerala
Decided on: Jul-01-1985
Reported in: 1985CriLJ1882
ORDERS. Padmanabhan, J.1. This case reveals the sufferings of a poor Tamilian girl aged 19 right from the midnight of 14-10-1981. The subject-matter of the case is a strip of land at Chittoor in between a temple and the residence of one Mahalinga Iyer. It is by the side of a public road having Bus traffic. The girl was waiting by the side of the road for catching bus. The Sub-Inspector of Police, Chittoor Police Station, saw her at 11.30 p.m. in the above land, which he described as the courtyard in between the temple and the residence mentioned above. It is not specified in the petty charge whether the land is temple property or attached to the residential building of Mahalinga Iyer. Anyhow, according to the Sub-Inspector, she was there ''without reasonable excuse'. The petty charge was laid before the Judicial Magistrate of the II Class, Chittoor, alleging commission of offence punishable under Section 47 of the Kerala Police Act.2. Revision petitioner's case is that while she was wa...
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