Kerala Court April 1986 Judgments
Joseph Antony Vs. State of Kerala and ors.
Court: Kerala
Decided on: Apr-09-1986
Reported in: AIR1986Ker238
Kochu Thommen, J.1. The petitioner owns a fishing vessel equipped with purse-seine nets. He challenges Exts. P1, P2 and P3 notifications principally on the ground that they impose an unreasonable restriction on the fundamental right guaranteed under Article 19(1)(g) of the Constitution. The challenge is now pressed only as against Exts. P1 and P2. Ext. P3 specifying the area under Section 2(h) of the Kerala Marine Fishing Regulation Act, 1980 (Act 10 of 1981) (the 'Act') is innocuous in so far as it has not been followed by a notification under Section 4 imposing fishing regulations. Exts. P1 and P2 are G.O. (P) 136/84/PW. E & PD dt. 30-11-1984 and G.O. (P) 138/84/PW. F & PD dt. 30-11-1984 issued respectively under Section 2(h) and Section 4(1)(d)of the Act. Notifications almost identical in scope to Exts. P1 and P2, namely, G.O.Ms. 143/80/F & PD dt. 29-11-1980 and G.O.Ms. 144/80/F & PD dt. 29-11-1980 had been challenged in O.P. Nos. 2243 of 1983 and 5344 of 1984. Those notifications w...
Tag this Judgment!Vadakke Mayyottuchalil Kelappan Vs. Vijayan and ors.
Court: Kerala
Decided on: Apr-04-1986
Reported in: II(1986)ACC334; [1989]66CompCas932(Ker)
Bhat, J.1. Appellant herein filed a claim application before the Motor Accidents Claims Tribunal, Kozhikode, under Section 110A of the Motor Vehicles Act, 1939 (for short 'the Act'), claiming a total amount of Rs. 30,000 as compensation under various heads on account of injuries sustained by him in the course of an accident. He impleaded the owners, drivers and insurers of the two vehicles. Some of the respondents including the insurers contested. The Tribunal allowed the claim to the extent of Rs. 2,100 with costs, fixing the advocate's fee at Rs. 150. Being dissatisfied with the award, the claimant has filed this appeal.2. Sri K. S. Rajamony, representing the Indian Association of Lawyers, Kerala Chapter, has been requested to give legal aid to the appellant. Sri Rajamony has addressed arguments on behalf of the appellant.3. On September 13, 1976, at about 12 noon, the appellant was a passenger in bus KLH-2185 belonging to the second respondent. When the bus reached Orkkatteri, anoth...
Tag this Judgment!Thressiamma Varghese Vs. Kerala State Financial Corporation and ors.
Court: Kerala
Decided on: Apr-03-1986
Reported in: AIR1986Ker222; [1988]64CompCas64(Ker)
Bhat, J.1.First respondent herein is the Kerala State Financial Corporation (for short 'the Corporation') constituted under the provisions of the State Financial Corporations Act, 1951 (for short 'the Act'). The Corporation advanced loan of Rs. 9,01,667/- to the second respondent herein, an industrial concern as defined in the Act, for which a mortgage deed dated 1-1-1972 was executed by respondents 2 to 4 herein and the appellant, the latter being described as co-mortgagor. Since default was committed in the matter of repayment, the Corporation filed a petition before the District Judge, Ernakulam under Section31 of the Act for realisation of Rs. 14,40,376.20, praying that the sum may be realised from the properties of all the four mortgagors and also from them personally. Petition was resisted mainly on the ground that in a petition under Section31 of the Act properties of the appellant herein viz., co-mortgagor or guarantor cannot be proceeded against and the District Judge has juri...
Tag this Judgment!Bhaskaran and ors. Vs. State of Kerala
Court: Kerala
Decided on: Apr-03-1986
Reported in: 1987CriLJ1588
S. Padmanabhan, J.1. Petitioners were accused 1 to 4 and 6 in S.C. 15/83 on the file of the Sessions Judge, Trichur. They were charge-sheeted along with four other accused for various offences including Section 302 read with Section 149, IPC. Sessions' Judge acquitted all of them. In Crl. A. No. 373 of 1983 this Court set aside the acquittal as against the petitioners. They were convicted for the various offences including Section 302 read with Section 149, IPC and each of them was sentenced to suffer imprisonment for life. The present petition purporting to have been filed under Section 389(3) of the Code of Criminal Procedure and Article 134(1)(a) of the Constitution of India read with the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (Act 28 of 1970) is for suspending the sentence and enlarging the petitioners on bail. They say that they intend to take up the-matter in appeal to the Supreme Court. We heard the counsel for the petitioners and the Director o...
Tag this Judgment!The Member-secretary, Kerala State Board for Prevention and Control of ...
Court: Kerala
Decided on: Apr-02-1986
Reported in: AIR1986Ker256
Sukumaran, J. 1. The forty eight. writ appeals now raise one vital point about vires, scope and amplitude of Rule 6 of the Water (Prevention and Control of Pollution) Cess Rules, 1978. The rule has been framed under the Water (Prevention and Control of Pollution) Cess Act, 1977 (Central Act 36/77) (hereinafter referred to for brevity's sake as the 'Cess Act'). The inter connection between the Cess Act and the Water (Prevention and Control of Pollution) Act, 1974, (hereinafter referred to as the 'Pollution Act') (Central Act 6/74) would be an important facet of the question under consideration.2. The writ petitions sought diverse reliefs; and raised before the learned single Judge three points :(i) The Pulp Division is not a 'Specified industry' within the meaning of Section 2(c) of the Act, and no cess can consequently be levied in respect of that Division under Section 3; (ii) The proceedings of the appellate committee are vitiated by legal bias; and (iii) Rule (6) of the Water (Prev...
Tag this Judgment!Yohanna Yesudasan Vs. State of Kerala
Court: Kerala
Decided on: Apr-01-1986
Reported in: 1987CriLJ14
ORDERS. Padmanabhan, J.1. The appellant was charge-sheeted for an offence punishable Under Section 302 of the I.P.C. in having murdered his wife Chinna at about 5.30 p.m. on 12-11-1982 in the public road near Vattakkavu junction within the limits of Pathanapuram Police Station. For that offence he was tried by the Sessions Judge, Quilon in S.C. No. 43/83. The Sessions Judge found him guilty, convicted him and sentenced him to suffer imprisonment for life. He has come up in appeal from jail. A State Brief Counsel was appointed to conduct the appeal on his behalf. We heard the counsel and the public prosecutor.2. The appellant married deceased Chinna about 27 years prior to the incident. Six children were born out of the wedlock. On account of some difference of opinion deceased Chinna went and lived with her brother, PW. 6,25 days prior to the incident. All efforts made by the appellant to get her back proved futile on account of the adamant stand taken by the deceased.3. On 12-11-1982 ...
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