Kerala Court September 1993 Judgments
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Puthuparambil Pappachan Alias Thomas Vs. State of Kerala
Court: Kerala
Decided on: Sep-17-1993
Reported in: 1994CriLJ334
L. Manoharan, J.1. Accused was charged under Sections 302, 392 and 397, IPC for causing the death of his wife Moly alias Mariyam and having robbed her studs worn by her. Learned Sessions Judge, Wayanad found the accused guilty of the offence punishable under Section 302, IPC, convicted and sentenced him to death. He was acquitted of the offences punishable under Sections 392 and 397, IPC. The accused challenges the said conviction and sentence in this appeal; the reference is for confirmation of the death sentence imposed on the accused.2. The prosecution case can be summarised as follows :--Accused married Moly alias Mariyam and was living with her in her house at Perunkulam in Vellamunda amsom and desom in Wayanad District. Accused picked up quarrel with Moly on suspicion that she had illicit intimacy with PW-14 and tried to strangulate her. Thereafter he left Moly. She had a son (PW-4) in her previous marriage and after the accused left she was living on the income by selling milk o...
N. Kurian George and anr. Vs. Tahsildar, Kottayam
Court: Kerala
Decided on: Sep-16-1993
Reported in: AIR1994Ker59
ORDERT.V. Ramakrishnan, J.1. A notice issued under Section 15(1) of the Kerala Buildings Tax Act, 1975 (for short 'the Act') for rectification of an order of assessment already completed and the notice of demand issued after rectification of the assessment are under challenge in this O, P. filed by the two joint owners of a 4-storey building in Kottayam Town.2. Admittedly, the building has 4-stories, each having a plinth area of 307 square metres. Construction of the building was completed in October, 1985. According to the petitioners the building was entrusted to a partnership firm called M/s. Nisha Continental for running a hotel on the basis of an unregistered deed fixing a monthly rent of Rs.8,000/-. The firm was one admittedly constituted by the petitioners and their minor children as partners as per a Partnership Deed registered with the Registrar of Firms with Registration No. 2340/85 on 26-7-1985. A hotel is being run in the building in question called Hotel Nisha Continental....
Thomman Vs. Iind Addl. Sessions Judge and ors.
Court: Kerala
Decided on: Sep-16-1993
Reported in: 1994(1)ALT(Cri)50; 1994CriLJ48
K.T. Thomas, J.1. This is an appeal preferred by a witness as per Section 341 (1) of the Code of Criminal Procedure (for short 'the Code'). Appellant was examined as PW 9 in a Sessions trial (in S. C. No. 51/88) held in the Second Additional Sessions Court, Ernakulam. Appellant deposed in court quite contrary to what he had said in a statement recorded by a magistrate as per Section 164 of the Code. Learned Sessions Judge, while disposing of the Sessions Case, took the view that appellant has given false evidence knowingly and without any regard for truth. Learned Sessions Judge considered it expedient to make an enquiry and hence issued a notice to the appellant to show cause why he should not be proceeded against for the offence under Section 193 of the Indian Penal Code. After considering the cause shown by the appellant, learned Sessions Judge caused a complaint to be filed before the local Chief Judicial Magistrate.2. Section 341 of the Code provides an appeal at the instance of a...
Vasudevan Vs. Assistant Collr. of C. Excise and Customs
Court: Kerala
Decided on: Sep-14-1993
Reported in: 1994(72)ELT533(Ker)
M.M. Farced Pillai, J.1. Petitioner's father is a licenced gold dealer and the petitioner is conducting the business. On 10th November, 1974 his shop was inspected by the Superintendent of Central Excise, Trichur and party and seized certain items of primary gold and gold ornaments and they were confiscated under the Gold (Control) Act, 1968. Petitioner's reply to the show cause was not accepted and Ext. P-l order was passed by the first respondent confiscating the net seized items of gold under Section 71(1) of the Act with an option to the petitioner to redeem the gold ornaments on payment of fine of Rs. 5000/- within three months from the date of receipt of the order.2. The case of the petitioner is that the third respondent did not take any steps to dispose of the appeal filed by him for about 8 years, that he was informed as per Ext. P-2 of the posting of the appeal on 26th June, 1986 and that his counsel appeared before the third respondent on the hearing date and that it was sub...
Boza Vs. Varghese and anr.
Court: Kerala
Decided on: Sep-13-1993
Reported in: AIR1994Ker33
M.M. Pareed Pillay, J.1. Appellant is the plaintiff in O.S. 103 of 1977. Plaintiff filed the suit for partition claiming share in the suit property from defendants 1 and 2 her brothers. Parties are Christians governed by the Travancore Christian Succession Act, 1092 M.E. Plaintiff contended that at the time of her marriage in 1958 no streedhanam or ornaments were given to her, that she continued to be in joint possession of the family property and that she is entitled to separate possession of 1/3 share. Defendants 1 and 2 refuted the allegations in the plaint and contended inter alia that plaintiff has no joint possession of the plaint schedule property and that the suit is barred by limitation.2. The trial Court by judgment dated 30-3-1982 held that the plaintiff was not given streedhanam or gold ornaments at the time of her marriage, that she has been in joint possession of the plaint schedule property and that she is entitled to a share in it. Lower appellate Court confirmed the fi...
Anuradha Verma Vs. State of Kerala
Court: Kerala
Decided on: Sep-13-1993
Reported in: 1(1994)ACC319
P. Krishnamoorthy, J.1. Appellants are the wife and children of one Santharam Varma who died during the pendency of the proceedings before the Motor Accidents Claims Tribunal. Deceased Santharam Verma, while he was travelling from Palghat to Kollengode in his motorcycle, was hit by a jeep coming from the opposite side having registration No. KRT 9695, belonging to the Sales Tax Department of the Kerala Government, at 7 p.m. on 28.3.1979. The accident occurred at a place called Kachipode. He sustained injuries and it was due to the rash and negligent driving by the driver of the jeep. Immediately after the accident he fell down and became unconscious. He was taken to the hospital where he was under treatment for nearly a month. It is alleged that even thereafter he had to continue his treatment for another three months, though actually he was not an inpatient in the hospital. Accordingly he claimed a total compensation of Rs. 1,40,000/- from the State, made up of Rs. 1,00.000/- towards ...
Balanoor Tea and Rubber Co. Ltd. Vs. State of Kerala
Court: Kerala
Decided on: Sep-10-1993
Reported in: [1994]207ITR501(Ker)
K.S. Paripoornan, J.1. These are four connected references made to this court by the Agricultural Income-tax Appellate Tribunal, Additional Bench, Palakkad, by order dated September 17, 1988, at the instance of an assessee to agricultural income-tax. The same assessee is the applicant in all the four cases. It is a public limited company. It has got huge agricultural income. The respondent is the Revenue. We are concerned with the assessment years 1979-80, 1980-81, 1981-82 and 1982-83. The following seven common questions of law have been referred for all the four years by the Agricultural Income-tax Appellate Tribunal at the instance of the assessee for the decision of this court :'(1) In view of Section 5(j) of the Agricultural Income-tax Act, 1950, whether the Tribunal is legally justified in disallowing a portion of the travelling expenses, allowable as per Section 5(j) of the Agricultural Income-tax Act ? (2) In view of Section 5(j) of the Agricultural Income-tax Act, 1950, whethe...
V. Ravi S/O Velayudhan Vs. State of Kerala
Court: Kerala
Decided on: Sep-10-1993
Reported in: 1994CriLJ162
P.A. Manoharan, J.1. Accused is the appellant. He was charged under Section 302, IPC for having caused the death of his pregnant wife, Gouri and the foetus at about 10.30 p.m. on 13-2-1989 near the burial ground at West Yakkara. Learned Sessions Judge, Palakkad Division found him guilty of the offence, convicted and sentenced him to undergo imprisonment for life. Accused challenges the finding, conviction and sentence in this appeal.2. Accused, a native of Yakkara in Palakkad District while was working in a work-shop at Perintalmanna, married Gouri, a resident of Pathakkara in Perintalmanna on 27-6-1988. After the marriage, they resided in one of the residential units in a row quarters known as 'KPR Quarters' situated in Anamangad in Perintalmanna. One Gopalakrishnan alias Gopu-Gopal was their neighbour. On suspicion that Gouri had illicit intimacy with the said Gopalakrishnan accused used to pick-up quarrel with her and manhandle her. In January '89 Gouri was in advanced stage of preg...
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