Kerala Court September 1989 Judgments
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C.H. Kadar and anr. Vs. Munnilakkath Valappil Fousia
Court: Kerala
Decided on: Sep-06-1989
Reported in: 1990CriLJ2356; I(1990)DMC83
K. Sreedharan, J.1. First petitioner is the father of the second petitioner. Respondent is the wife of the second petitioner. On account of difference of opinion respondent is living away from the petitioners. She sent lawyer notice to the petitioners claiming return of the gold ornaments taken from her and maintenance. On receipt of this notice by the petitioners they caused to sent a reply notice to the respondent's counsel. In that notice it was stated as follows :'My clients say that after the marriage your client was living at her house as well as at my clients' house. After six months of their marriage disregarding all her conjugal duties your client came into a contact with one Asheraf, who is her neighbour at the connivance of your client's mother. My clients state that she is still having an illicit sexual laison with him. The said Asheraf is a regular visitor of your client's house. My clients say that they are having all the evidences to prove your client's sexual contacts w...
Puthenthara Mohanan and ors. Vs. State of Kerala
Court: Kerala
Decided on: Sep-06-1989
Reported in: 1990CriLJ1059
P.K. Shamsuddin, J.1. Accused in Sessions Case No. 68 of 1986 on the file of the Court of Session, Alleppey, are the appellants. They were charge-sheeted for offence punishable under Sections 143, 147, 148, 149 and 302, I.P.C A1 was found guilty under Sections 302, 143, 147, 147, 324 and 326 read with Section 149, I.P.C. and sentenced to undergo imprisonment for life under Section 302, rigorous imprisonment for 6 months under Section 143, rigorous imprisonment for one year under Section 147, rigorous imprisonment for 6 months under Section 323 read with Section 149, I.P.C. R.I. for 18 months under Section 324 read with Section 149, I.P.C, and R.I. for 3 years under Section 326 read with Section 149, I.P.C. Accused Nos. 2 and 3 were convicted and sentenced to undergo R.I. for 6 months under Section 143, R.I. for one year under Section 147, R.I. for 18 months under Section 148, R.I. for 3 years under Section 326, I.P.C, R.I. for 6 months under Section 323 read with Section 149, I.P.C and...
N.K. Narayanan and ors. Vs. V. Vidyadharan
Court: Kerala
Decided on: Sep-05-1989
Reported in: 1991CriLJ780
ORDERK. Sreedharan, J. 1. Petitioners were office bearers of the Ambalapuzha Taluk S.N.D.P. Union. They published a notice exhorting the members of the union to contribute liberally towards a ten lakh fund for the purchase of 3.04 acres of property and buildings belonging to the Luther Mission, for the union. On the allegation that the amount so collected was misappropriated and thereby committed breach of trust, a private complaint was filed against the petitioners. Complainant, respondent in this petition, gave evidence as P.W. 1. Other ten persons were also examined in court. Thereupon learned Magistrate framed charges against the petitioners for offence Under Sections 408 and 409 read with Section 34 of the Penal Code. Petitioners challenge the order framing charge by preferring this revision petition.2. Learned counsel representing the petitioners submits that the evidence adduced by the complainant does not even prima facie bring out any offence against the petitioners. For the p...
Commissioner of Income-tax Vs. P.V. John
Court: Kerala
Decided on: Sep-02-1989
Reported in: [1990]181ITR1(Ker)
K.A. Nayar, J.1. A substantial shareholder in a closely held company is the assessee-respondent in both the income-tax reference cases. The other shareholders in the company are the assessee's wife and father. Seventy-five per cent, of the shares in the company are held by the asses-see.2. Income-tax Reference No. 267 of 1986 relates to the assessment year 1976-77 for which the previous year ended on August 16, 1975, and Income-tax Reference No. 428 of 1985 relates to the assessment year 1975-76 for which the previous year ended on August 16, 1974. During the previous year relevant to the assessment year under consideration in Income-tax Reference No. 267 of 1985, the company gifted to Sri P. J. Ranjit, son of the assessee, a sum of Rs. 1 lakh and during the relevant previous year under consideration in Income-tax Reference No. 428 of 1985, the company made a gift of Rs, 34,000 to P. J. George, Rs. 33,000 to p. J. Eappen and Rs. 33,000 to P. J. Ranjit, the three sons of the assessee. T...
The New India Assurance Co. Ltd. and Etc. Vs. K.T. Jose and ors. Etc.
Court: Kerala
Decided on: Sep-01-1989
Reported in: 1990ACJ184; AIR1990Ker314
Bhat, J.1. These appeals arise out of the judgment and award of the M.A.C. Tribunal, Ernakulam in O.P. (MV) No. 1352 of 1980. MR A. No. 58 of 1986 is the appeal filed by the insurer and M.F.A. No. 328 of 1986 by the claimant.2. The claimant is a trader in paddy and rice. He hired a public carrier goods vehicle (lorry K.L.F. 8606) for transporting paddy belonging to him. He was earning his livelihood by purchasing and husking paddy and selling rice. In the early hours of the morning on 13-2-1980, in the course of the Journey, the lorry collided with a parked lorry and the claimant sustained injuries. Alleging rashness and negligence on the part of the driver of the lorry, the claimant filed petition claiming compensation of Rs. 95,230/- from the driver, owner and insurer of the lorry. The driver and owner in their written statement denied rashness or negligence on the part of the driver and alleged that the parked lorry had no parking lights and there were iron rods protruding out and s...
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