Kerala Court January 1988 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Kuruvilla Thomas, Maliakel, Kanjirappally and ors. Vs. State Bank of T ...
Court: Kerala
Decided on: Jan-08-1988
Reported in: AIR1989Ker68; [1987]62CompCas320(Ker)
ORDERVarghese Kalliath, J. 1. This Civil Revision Petition concerns a question of correction of a judgment and decree. Two sets of defendants against whom a decree was passed in O.S. 34 of 1981 on the file of the Sub Court, Kottayam, filed applications for correcting the judgment and decree passed against them. The court below declined to correct the judgment and decree. Hence this Civil Revision Petition. 2. By filing O.S. 34 of 1981, the plaintiff, a Bank, prayed for recovery of a very large amount from the defendants. The suit claim was based on loans advanced by the Bank under various transactions. Defendant 1 in the suit was a firm. The firm was constituted by one Annamma and the 3rd defendant (the revision petitioners before me are the children of Annamma). The suit was instituted after the death of Annamma against the firm and the surviving partner of the firm, namely, the 3rd defendant, and the children of Annamma. After considering the evidence in the case and the contentions ...
Assistant Collector of Central Excise Vs. George
Court: Kerala
Decided on: Jan-08-1988
Reported in: [1989]65CompCas103(Ker); 1988(17)ECC305; 1988(35)ELT338(Ker)
K.G. Balakrishnan, J.1. The Assistant Collector, Central Excise, Trichur, is the appellant. He challenges the acquittal of the accused in C.C. No. 45 of 1985 on the file of the Additional Chief Judicial Magistrate, Economic Offences, Ernakulam. The accused was tried on two counts. viz., for violation of Sections 27(7)(b) and 55 of the Gold (Control) Act, 1968 ; these offences are made punishable under Section 85(1) of the Act.2. The accused is a gold dealer having his place of business at Trichur in the name and style ' Chemmannur Jewellers '. P.W. 1, the Superintendent of Preventive Unit, Trichur, searched the premises of the place of business of the accused on September 23, 1981, between 10.45 a.m. and 7 p.m. The accounts maintained in the shop were verified and the entire stock of gold was also physically verified. As per the account, the accused should have a stock of 1,372 pieces of gold ornaments having a total weight of 11,075.400 grams but on physical verification of the accoun...
C.G. Balakrishnan and ors. Vs. Income-tax Officer
Court: Kerala
Decided on: Jan-08-1988
Reported in: [1988]171ITR1(Ker)
K.G. Balakrishnan, J.1. Six accused were sent up for trial before the Chief Judicial Magistrate, Ernakulam, for the offences punishable under Section 193 read with Section 109, Indian Penal Code, Section 471 read with Section 465, Indian Penal Code, and Sections 277 and 278 of the Income-tax Act, 1961. All these accused were found guilty of having committed various offences and the first accused was sentenced to pay a fine of Rs.' 1,000 for each the offences under Sections 193 and 471 read with Section 465, Indian Penal Code. The second accused was sentenced to undergo imprisonment till the rising of the court and to pay a fine of Rs. 1,000 for the offence under Section 193, Indian Penal Code, and to pay a fine of Rs. 1,000 under Section 471 read with Section 465, Indian Penal Code, and in default of payment of fine to undergo simple imprisonment for a period of 2 months each for the sentenc.es awarded under Sections 193 and 471 read with Section 465, Indian Penal Code. Accused Nos. 3 ...
Asst. Collector of Central Excise Vs. C.D. George
Court: Kerala
Decided on: Jan-08-1988
Reported in: 1988(16)LC340(Kerala)
K.G. Balakrishnan, J.1. The Assistant Collector of Central Excise, Trichur is the appellant. He challenges the acquittal of the accused in C.C. 45 of 1985 on the file of the Additional Chief Judicial Magistrate, Economic Offences, Ernakulam. The accused was tried on two counts, viz., for the violation of Sections 27(7)(b) and 55 of the Gold (Control) Act, 1968; these offences are made punishable under Section 85(1) of the Act.2. The accused is a gold dealer having his place of business at Trichur in the name and style 'Chemmannur Jewellers'. PW1, the Superintendent of Preventive Unit, Trichur searched the premises of the place of business of the accused on 23.9.1981 between 10.45 a.m. and 7 p.m. The accounts maintained in the shop were verified and the entire stock of gold was also physically verified. As per the account, the accused should have a stock of 1372 pieces of gold ornaments having a total weight of 11075.400 grams, but on physical verification of the accounts the total weig...
K. Abdul Rasheed Vs. State of Kerala and ors.
Court: Kerala
Decided on: Jan-07-1988
Reported in: AIR1988Ker289
Bhaskaran Nambiar, J.1. The writ petitioner is the writ appellant. He was selected to the Board of Directors of a Cooperative Bank in June, 1984. It is said that the term of the Board is for five years. He had stood surety for a debt incurred in 1979. That debt has been paid off and the liability discharged on 25-7-1985. Thereafter, on 16-11-1985, notice was issued to the appellant asking him to show cause why he should not be disqualified under Rule 44(1) of the Cooperative Societies Rules. He submitted his explanation. His defence was overruled and he was disqualified by the Joint Registrar under Ext. P3 dt. 29-1-1986. A revision was taken to the Government and the Government confirmed the said decision as per Ext.P5 dt. 31-5-1986. The appellant, therefore, challenged Exts. P3 and P.5, however, without success. Hence this appeal.2. Even though the learned single Judge has taken paras to distinguish a Division Bench ruling of this Court which on the facts of this case, squarely binds ...
P.C. Khader Vs. P.K. Khader and ors.
Court: Kerala
Decided on: Jan-06-1988
Reported in: 1989CriLJ1276
ORDERChettur Sankaran Nair, J.1. This is a petition to revise the order of Sub Divisional Magistrate, Perinthaknanna in M. C. 11787. Apprehending breach of peace, Sub Divisional Magistrate initiated proceedings under Section 145 of the Code of Criminal Procedure, in respect of property in R.S. No. 23/1 of Olavathoor amsom. Petitioner is a member of B party - respondents are members of A party, There were differences between A and B parties - Mujahid and Sunni groups, Magistrate observed:After being satisfied on the police report that there exists a serious dispute over the issue of possession and right of worship, action under Section 145, Cr. P.C. was initiated.(Emphasis supplied)After inquiry, Magistrate directed restoration of possession to A party, relying on a finding of civil court.2. According to petitioner, dispute falls under Section 147 and not under Section 145. He would further contend that Magistrate erred in thinking that decision of civil court was conclusive. Counsel fo...
V.T. Thomas Alias Toms and ors. Vs. Malayala Manorama Company Limited, ...
Court: Kerala
Decided on: Jan-04-1988
Reported in: AIR1988Ker291
K. Sukumaran, J. 1. The appeal is directed against an order, an ad interim ex parte order, granting an injunction against the defendants, in relation to the publication of cartoons entitled 'Boban and Molly'. 1st defendant is the cartoonist, and defendants 2 to 4 are Printer and Publisher, Editor, and the Publication Company -- Kalakaumudi Publications Private Limited.2. The appeal was filed on 2-12-1987. A caveat had been filed by the plaintiff-respondent. The petition for interim stay of the order of the court below, C.M.P. No. 31410 of 1987 came up for hearing on 3-12-1987. Both sides were heard and elaborately too. Orders in that C.M.P. were pronounced on 7-12-1987. An elaborate order was felt necessary. An interim stay was granted by this Court. The appeal itself was posted for final hearing on 14-12-1987.3. There was no appearance on behalf of the respondent on that day. The appeal was partly heard on 15-12-1987. The hearing of the appeal was continued on 16-12-1987. It was repre...
- ‹ Prev
- 1
- Next ›