Kerala Court July 1992 Judgments
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Sebastian Alias Kunju Vs. State of Kerala (C.i. of Police)
Court: Kerala
Decided on: Jul-28-1992
Reported in: 1992CriLJ3642
K.T. Thomas, J.1. A cute little girl by name Sinimol (aged 4) became the unfortunate victim of the blood thirsty knife of a man who would have over enjoyed his Christmas frisking in merriments. Thenceforward Christmas day for PW. 2, Annamma, became death anniversary of her daughter Sinimol, while for others it is the birth anniversary of Jesus Christ. Sessions Judge convicted the appellant of Sections 302 and 324 of the I.P.C. On the first count, besides awarding sentence of imprisonment for life, learned Sessions Judge imposed a fine of Rs. 15,000/-, and directed that out of the fine amount, if realised, a sum of Rs. 10,000/- will be paid to P.W. 2. On the second count, Sessions Judge sentenced appellant to undergo rigorous imprisonment for one year, while the appeal was pending, a suo motu criminal revision case was registered at the instance of the learned Judge of this High Court who was in charge of the District concerned as he wanted a decision on the legality and propriety in im...
P.A. Jacob Vs. the Superintendent of Police, Kottayam and anr.
Court: Kerala
Decided on: Jul-27-1992
Reported in: AIR1993Ker1
ORDERChettur Sankaran Nair, J. 1. Claiming a fundamental right to use a loud speaker at public meetings to voice his views, petitioner seeks to restrain respondents from interfering with the use of a loud speaker by him. 2. Petitioner belongs to a denomination of Christianity, known as 'Knanaya' Christians. Thomas of Cana came to India from Mesopottomia in 344 A.D. and organised the south eastern church of Syrian Christians, as St. Thomas organised the north eastern church in A.D. 52. The followers of Thomas of Cana, came to be known as 'Knanaya' Christians. Some of the Knanaya Christians follow the rites of the Catholic Church, while others follow the Marthomite rites. Members of 'Knanaya' denomination do not marry outside that denomination, it is said -- with a view to preserve the purity of stock. This practice is denounced by petitioner. In his view, a Knanaya Christian should be free to marry anyone, professing the faith of Christianity. To propagate his views in this regard, peti...
M. Saraswathy Amma Vs. P. Padmavathy Amma and ors.
Court: Kerala
Decided on: Jul-23-1992
Reported in: AIR1993Ker198; II(1992)DMC371
Chettur Sankaran Nair, J.1. Legal lacings apart, the question is whether the appellant or first respondent in these appeals (hereinafter called Saraswathy Amma and Padmavathy Amma, in that order) was the wife of deceased Krishnankutty Nair.2. On Krishnankutty Nair's death, Padmavathy Amma filed OS 318/83 for a declaration that she was his wife. Likewise, Saraswathy Amma filed OS 439/83 for a like declaration. The trial Court held that both were wives of Krishnankutty Nair. The Appellate Court held that Padmavathy Amma was the wife, and that the marriage with Saraswathy Amma was not valid. Krishnankutty Nair married Padmavathy Amma in the year 1950 (date and month not stated) according to the custom of the community. Thereafter, they executed a Deed of Dissolution Ext. XI on 17-2-1976 in accordance with Section 6 of the Madras Marumak-kathayam Act. Krishnankutty Nair then married Saraswathy Amma on 15-9-1977. Ext. Bl is the certificate of marriage. Later, Krishnankutty Nair made a settl...
Lakshmikutty Amma Retnamma Vs. P.N. Krishna Pillai and ors.
Court: Kerala
Decided on: Jul-23-1992
Reported in: AIR1992Ker373
Chettur Sankaran Nair, J.1. This appeal by sixth defendant in the suit, is directed against the concurrent findings of the Courts below. The Courts below declared, that a Court sale, pursuant to Ext. A-7 decree in OS 147/68, was not binding on the respondent/ plaintiffs.2. The chronology of events, leading tothe suit from which the Second Appeal arises,is as follows: The original owner of the suit property, 4th defendant, sold it to 5th defendant by Ext. A-2 dated 18-2-1958 and he, in turn sold it to 'Nair Sahodhara Sangham' by Ext. A-1 dated 6-7-1960. Plaintiff N.S.S. Karayogam stepped into the shoes of the 'Nair Sahodhara Sangham' by reason of Exts. A-3 and A-11. While so, one Sankaran Narayanan filed a suit, OS 359/63 against the aforesaid Sangham, and that ended in a compromise (Ext. A-5). Earlier, 4th defendant had executed Ext. B-4 chitty bond in favour of first defendant. Based on that, first defendant filed OS 147/68 against the 4th defendant. Ext. A-6 is the judgment in that S...
Pavianose Vs. Sugathan
Court: Kerala
Decided on: Jul-22-1992
Reported in: AIR1993Ker177
ORDER1. This is an appeal against the order refusing the prayer of the appellant to file a suit as an indigent person. The court below dismissed the application to file the suit as an indigent person on the ground that the suit sought to be filed by the appellant does not disclose a cause of action.2. Rule 5, Order 33 of the Code of Civil Procedure provides that the court shall reject an application for permission to sue as an indigent person under Clauses (a) to (g). Clause (d) enjoins the court to dismiss the application for permission to sue as an indigent person where the allegations in the proposed suit do not show a cause of action. It is almost certain on precedent on this provision that the question whether the application is liable to be dismissed or not has to be decided on the allegations made by the indigent person.3. Tt is perfectly legal to argue that in considering the question whether the applicant has a cause of action or not, the court has to look only into the allega...
Union Bank of India and ors. Vs. Khaders International Constructions L ...
Court: Kerala
Decided on: Jul-20-1992
Reported in: AIR1993Ker31; [1995]83CompCas530(Ker)
ORDERK.S. Paripoornan, J.1. Respondents 1 to 3 in P. O. P. No. 1 of 1990, Sub Court, Kochi are the revision-petitioners. The petitioner and respondents 4 to 8 in P. O. P. No. 1/90 are the respondents herein. The first respondent herein as plaintiff, has laid the suit praying for a decree for a sum of Rs. 303.13 crores as damages for the breach of promise from the defendants. The first respondent/plaintiff is a public limited company. Tt is represented by its Director and Power of Attorney Holder. The suit was laid in forma pauperis. A sum of Rs. 39,31,29,980/- is required as court fee for filing the suit. Stating that the plaintiff/petitioner (1st respondent herein) has no means to pay the required court fee, the suit was laid in forma pauperis by invoking the provisions of Order 33, Rule 1 C. P. C, The respondents in P. O. P. No. 1/90 resisted the claim of the plaintiff. Amongst others, the plea was taken that the suit is an experimental one, that the suit filed by the plaintiff (Ist ...
C.G. David Tharakan Vs. Dr. Mrs. Lily Jacob
Court: Kerala
Decided on: Jul-16-1992
Reported in: AIR1993Ker9; I(1994)DMC154
ORDERK. Sreedharan, J.1. Plaintiff, as petitioner, moved O.P. 5699/1988 for Letters of Administration with Will dated 18-7-1974, executed by deceased Smt. Martha David Tharakan attached to it. Legatees under the Will and all the legal heirs left behind by the deceased were made respondents 1 to 10 in that petition. When notice was issued to the respondents, 4th respondent, one of the daughters of the deceased, filed caveat opposing the grant of Letters of Administration. She also filed affidavit in support of her contentions. Since affidavit in support of the caveat has been filed and notice of the same was given to the petitioner in the Original Petition, the proceedings have been ordered to be numbered as a suit, as provided by Rule 26 of the Rules under the Indian Succession Act, 1925, Appendix-XII to the Civil Rules of Practice, Kerala. Petitioner in the Original Petition is the plaintiff and the 4th respondent, caveator, the defendant. 2. Material averments made by the plaintiff a...
Mrs. Rosy George Vs. State Bank of India and ors.
Court: Kerala
Decided on: Jul-16-1992
Reported in: AIR1993Ker184; [1994]80CompCas371(Ker)
Manoharan, J.1. First defendant in O.S.No. 174 of 1985 of the III Additional Sub Judge, Ernakulam is the appellant; plaintiff and defendants 2 to 6 are the respondents.2. The plaintiff's case can be summarised as follows:Appellant is the widow of late Sri P.L. George. Late Shri P.L. George approached plaintiff -- first respondent bank for raising a loan for construction of a multi-storeyed building in the plaint A schedule property and offered to secure the loan by mortgaging plaint A schedule property by deposit of title deeds. First respondent bank agreed to the same pursuant to which on 19-7-1979 the said P.L. George deposited Exts. Al to A3 title deeds with respect to the A schedule property along with Ext. A4 power of attorney with the intention to create an equitable mortgage on his behalf as well as on behalf of defendants 1 to 3, ami executed Ext. A-16 memorandum of deposit of title deeds. On the basis of the same amounts were advanced and he executed Ext. A5 series demand prom...
E. Madhavi Amma and ors. Vs. E. Indusekharan and ors.
Court: Kerala
Decided on: Jul-16-1992
Reported in: AIR1992Ker390
Balasubramanyan, J.1. C. M. P. No. 4069 of 1992 is only an application for amending C. M. P. No. 1318 of 1990 by including the names of the legal representatives sought to be impleaded in C. M. P. No. 1317 of 1990 and in the application C. M. P. No. 1318 of 1990 for condoning the delay as against them. It is stated that due to an inadvertent omission their names were not shown in C. M. P. No. 1318 of 1990. There is no reason not to accept the said submission and therefore C. M. P. No. 4069 of 1992 is only to be allowed. We allow that application.2. An appliction for probate was filed by the first respondent in the above appeal under Section 276 of the Succession Act in respect of a Will said to have been executed by one Parameswara Menon under which he was appointed the Executor. A caveat was filed by the third defendant in the proceeding and objections were filed by defendants 4 and 5 as well disputing the genuineness and the due execution of the Will. The proceedings thus became cont...
C. Thanuja Vs. State of Kerala and anr.
Court: Kerala
Decided on: Jul-10-1992
Reported in: AIR1993Ker28
ORDERT.L. Viswanatha Iyer, J.1. Petitioner was an applicant for admission to the M.B.B.S. 1991-92 course. She appeared for the Medical Entrance Examination held on 29-6-1991 and secured rank No. 2548. She belongs to the Muslim community. At the time of making the application for admission, her father was alive. He was a Superintendent in the Kerala State Road Transport Corporation. The annual income of the petitioner's family at that time exceeded Rs. 20000/- and as such, she was not entitled to a seat in the quota reserved for Muslims. She had to take her chance only in the general merit pool.2. Petitioner's father died on 7-6-1991 after the last date fixed for receipt of applications, namely 27-5-1991. On account of his death, and the non-availability of his salary thereafter, the future income of the family fell below Rs. 20000/-. Petitioner was otherwise qualified for admission to the M.B.B.S. course and since the income of the family after the father's demise fell below the limit,...
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