Kerala Court February 1991 Judgments
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K.P. Rajan Alias Antony Vs. State of Kerala
Court: Kerala
Decided on: Feb-13-1991
Reported in: 1991CriLJ1859
S. Padmanabhan, J.1. Appellant, sole accused in Sessions Case No. 78 of 1989, was sentenced by the Additional Sessions Judge, Thodupuzha to rigorous imprisonment for seven years on conviction for an offence punishable under the second part of Section 304 of the Penal Code, though he was tried for offences punishable under Sections 341 and 302.2. Deceased Jose and P.W. 13 were partners of a provision store, to which the appellant owned Rs. 1,999.00 by way of price of goods purchased on credit. Quarrel consequent on the demand for the amount is the motive alleged by the prosecution.3. At about 6.00 p.m. on 24-3-1989, deceased, as requested by the appellant at about 3.00 p.m. on that day at his residence, came near the bridge at Kuttampuzha, where the appellant was standing. Deceased demanded the amount due. A quarrel ensued. Appellant caught-hold of the deceased and stabbed him on his neck with MO 1, which was taken out from his loins. On his way to the hospital, Jose died. This is the p...
Life Insurance Corporation of India Vs. Smt. Sosamma Punnan
Court: Kerala
Decided on: Feb-11-1991
Reported in: 1993ACJ1140; AIR1991Ker230
P.K. Shamsuddin, J. 1. Defendant in O.S. No. 504 of 1982 on the file of the Sub Court, Kottayam is the appellant. Suit is for realisation of money under the two Insurance Policies. The Court below passed a decree in favour of plaintiff for realisation of amounts covered by Exts. B10 and B 13 policies, amounting to Rs. 75,000/- with its bonus up to the date of death of the insured, together with interest till date of payment. 2. Plaintiff is the widow of one Punnen Kuruvilla, who was the proprietor of Everest Umbrella Mart, Kottayam. He died on 6-8-1981. He had taken an anticipated Endowment Assurance Policy No. 40965943 with the defendant Insurance Corporation for a sum of Rs. 40,000/- for 15 years. He paid premia for the Policy for 6 years till his death. Plaintiff was nominated in the said Policy by deceased Punnen Kuruvilla. The first 20% anticipated amount of Rs. 8,000/- was due on 17-10-1980 and was received by the assured. Irrespective of the amount received, the deceased was ent...
University of Kerala, Represented by the Registrar, Trivandrum and ors ...
Court: Kerala
Decided on: Feb-11-1991
Reported in: AIR1991Ker396
Sukumaran, J.1. Sandhya P. Pai is a heroine in her own right. She sought, but in vain, justice from the University of Kerala. She then fought and got it from the court of law. The University appeals. It attacks the judgment individually; it projects a greater grievance, about an unbearable burden, which it will have to bear, if every student nursing a grievance rushes to the court, particularly having regard to the multitudinous number of the students it is serving at every moment.2. The appeal is thus important. The questions are of a general character. The problems touched upon are perennial in nature. Minute attention to every aspect arising in appeal is particularly called for in these circumstances. 3. We shall now set out the background in which the litigation was launched.4. Sandhya had an illustrious educational career. There was no hitch till she reached the graduate course. It is now clear that she was toiling upward in the night, when her companions slept. She had, apart fro...
S. Prithviraj Kukkillayya Vs. Mathew Koshy and anr.
Court: Kerala
Decided on: Feb-11-1991
Reported in: [1991]71CompCas131(Ker); 1991CriLJ1771
S. Shamsuddin, J. 1. This criminal revision petition is directed against an order passed by the court below holding that prosecution against the first respondent was not maintainable in view of Article 20(1) of the Constitution of India.Short facts which are necessary for determination of the question raised in the criminal revision petition are as follows : The first respondent approached the petitioner herein for a loan of Rs. 17,000 and represented that the amount would be returned within a month. The petitioner paid the amount. Towards the discharge of debt, the first respondent drew a cheque in favour of the petitioner on the State Bank of India, Statue Branch, Thiruvananthapuram, on December 2, 1988. On April 8, 1989, the petitioner presented the cheque for encashment. The State Bank of India dishonoured the cheque with the endorsement 'refer to drawer' on the same day. Thereupon, the petitioner demanded payment of the amount through a registered notice dated April 13, 1989. The ...
Life Insurance Corporation of India Vs. Sosamma Punnan
Court: Kerala
Decided on: Feb-11-1991
Reported in: I(1991)ACC701
P.K. Shamsudhin, J.1. Defendant in O.S. No. 504 of 1982 on the file of the Sub Court, Kottayam is the appellant. Suit is for realisation of money under two Insurance Policies. The Court below passed a decree in favour of plaintiff for realisation of amounts covered by Ext. B 10 and B 13 policies, amounting to Rs. 75, 000/- with its bonus upto the date of death of the insured, together with interest till date of payment.2. Plaintiff is the widow of one Punnan Kuruvilla, who was the proprietor of Everest Umbrella Mart, Kottayam. He died on 6.8.1981. He had taken an anticipated Endowment Assurance Policy No. 40965943 with the defendant Insurance Corporation for a sum of Rs. 40, 000/- for 15 years. He paid premium for the Policy for 6 years till his death. Plaintiff was nominated in the said Policy by deceased Punnan Kuruvilla. The first 20% anticipated amount of Rs. 8, 000/- was due on 17.10.1980 and was received by the assured. Irrespective of the amount received, the deceased was entitl...
Jailebdeen Vs. Mohammed Basheer
Court: Kerala
Decided on: Feb-08-1991
Reported in: AIR1992Ker31
1. The plaintiff in O. S. No. 276 of 1985 on the file of the Sub-Court, Palghat is the appellant.2. The defendant availed of a loan from the State Bank of India, Agricultural Development branch at Palghat for agricultural purposes. On his failure to repay the amount, the bank filed a suit against him as O.S. No. 15 of 1981 before the Sub-Court, Palghat for realisation of the amount. That suit was decreed. Pursuant to the decree revenue recovery proceedings were initiated against the defendant. Notice was issued to him. The defendant applied for payment of the amount in instalments and accordingly, he was allowed to discharge his liability under the decree in 12 instalments at the rate of Rs. 6,000/-. Even after the said order, defendant failed to comply with the order which resulted in the revival of revenue recovery proceedings against the defendant. Again on the request of the defendant, he was permitted to remit the amount due for six instalments as a condition for deferring revenue...
Saramma Peter and ors. Vs. State of Kerala
Court: Kerala
Decided on: Feb-08-1991
Reported in: 1991CriLJ3211
ORDERB.M. Thulasidas, J.1. These revisions are directed against the orders passed by the Judicial Magistrate of First Class, Punalur, on S.T. Case Nos. 38/1987 and 48/1987, dismissing the applications filed Under Section 321, Cr. P.C. by the Assistant Public Prosecutor in charge of those cases. The Magistrate held:'....complainant has not filed any petition to withdraw the complaint. This is purely a complaint filed by the Food Inspector and APP was authorised to conduct the case only. So it cannot be said that APP is in charge of the case. The locus standi of APP is only that of a counsel who appears for his client. Without the consent of the client, APP cannot file a petition stating that he is withdrawing from Prosecution. The petition filed by APP cannot stand in the eye of the law.XX XX XX XX XX XX XXIt is for the complainant to decide whether to withdraw the complaint. He has not done so. Hence I find that this petition by APP is only to be rejected, since he has no locus standi....
Koshy Alias Baby Vs. the State
Court: Kerala
Decided on: Feb-07-1991
Reported in: 1991CriLJ1776
K.T. Thomas, J.1. Deceased, a septuagenarian, sustained three stab wounds, one on his chest, another on his neck and the third on his left arm. The incident happened during the evening of 2-11-1988. He succumbed to his injuries within a short while. Appellant, a relation of the deceased, was convicted by the Sessions Court for murder of the deceased and was sentenced to imprisonment for life. He was also convicted for inflicting stab injuries to two other persons (P.Ws. 1 and 2) in the same incident and was sentenced to rigorous imprisonment for two years. He has filed this appeal.2. Prosecution case is compendiously narrated in the following lines : Deceased was seventy-two when he died. He was living with his brother (P. W. 1) and children in their house. This family had a feud with appellant's uncle over a timber tree which stood on or near the border of their properties. That dispute gave rise to criminal cases filed against each other. The local panchayat member (P. W. 8) interven...
Benny Francis and ors. Vs. State of Kerala
Court: Kerala
Decided on: Feb-07-1991
Reported in: 1991CriLJ2411
S. Padmanabhan, J.1. Otherwise calm Thundipuzha river with shallow water will be in spate during rainy seasons when water raises up to the level of the bridge. During that period, youngsters of the locality, who know swimming, use to enjoy by jumping into the river from the bridge and swim when taking bath. They also use to find pleasure by forcibly putting their unwilling friends also into the river to join them. At about 4.30 p.m. on 22-7-1978, when the river was in spate, the six accused were enjoying their bath. Deceased Promod, one of their friends, was found walking through the nearly Nirmala hospital compound. At that time, accused formed themselves into an unlawful assembly with the common object of murdering Promod by throwing him into the water. They committed rioting and, in prosecution of the common object, accused 1 to 3 chased and caught the deceased, wrongfully restrained him and forcibly took him to the bridge against his protest and in spite of his cry that he did not ...
S.A.P. Mariyumma and ors. Vs. State of Kerala and ors.
Court: Kerala
Decided on: Feb-06-1991
Reported in: AIR1991Ker301
Malimath, C.J.1. This appeal is directed against the judgment of the learned single Judge in O.P. No. 7627 of 1989, dismissing the original petition. The short question for consideration in this case is a to whether in a reference under Section 18 of the Land Acquisition Act, 1894, as amended (hereinafter referred to as 'the Act'), the Court is competent to entertain a grievance in regard to non-payment of interest under Section 34 of the Act.2. A preliminary notification for acquiring the appellants' land was published on 19-1-1984. Possession of the land was given voluntarily on the 20th of September, 1984, the final notification under Section 6 was published on the 23rd May, 1985. An award came to be passed on the 17th July, 1989, a copy of which has been produced as Ext. P. the total amount of compensation awarded under the said award is Rs. 7,90,545.35. The award amount includes a sum of Rs. 61,233/-awarded by way of interest under Section 34 of the Act on the amount of compensati...
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