Kerala Court February 1995 Judgments
Geetha Varma and ors. Vs. V.K. Amminikutty Nambishtathiri Amma and ors ...
Court: Kerala
Decided on: Feb-16-1995
Reported in: AIR1995Ker168
Pareed Pillay, C.J.1. Plaintiffs arethe appellants. They filed the suit for partition and recovery of possession of their share in the plaint schedule property. Late Ravi Varma and defendants 1 to 6 are the children of Kunhi Pilla Nambishtathiri Amma. The suit property belonged to Kunhi Pilla Nambishtathiri Amma. The suit was originally filed for a declaration that Ext. A-4 licence executed in favour of the predecessor of the 7th defendant stood terminated and also for a direction to the 7th defendant to return the property after demolishing the buildings and other structures constructed byhim and his predecessors.2. First plaintiff is the widow of late Ravi Varma, plaintiffs 2 and 3 are their children. Esso Standard Eastern Incorporated is the predecessor of Hindustan Petroleum Corporation Limited. Licence was granted over the western portion of the property in favour of Thattil Agencies as per Ext. A-1 dated 7-4-1954 by Kunhi Pilla Nambishtathiri Amma. Eastern portion was given as pe...
Tag this Judgment!Thazhepurakkat Shyamala Alias T.P. Shyamala Vs. Kuzhichal Vasudevan an ...
Court: Kerala
Decided on: Feb-14-1995
Reported in: AIR1996Ker4
1. This appeal by the legal representative of the first defendant in a suit for partition is directed against the final decree. The final judgment was rendered by the Subordinate Judge's Court of Thalassery on 16-7-1993. The final judgment directed the deposit of the value of the non-judicial stamps within 15 days, to engross the final decree. The judgment did not specify as to who should produce the non-judicial stamp paper or place any obligation on the plaintiffs to do so in the first instance.2. No one produced the non-judicial stamp papers within the time specified by the court. On 1-2-1994, the plaintiff filed I. A. 649 of 1994 praying for condoning the delay in producing the non-judicial stamp papers. By order dt. 28-2-1994 the court below allowed that application. The non-judicial stamppapers were received in court on 18-4-1994 and the final decree for partition was drafted on 18-6-1994.3. The appellant herein, who was respondent No. 11 in the final decree proceedings, made an ...
Tag this Judgment!The Parent Teacher Association, Maharaja's College Vs. State of Kerala ...
Court: Kerala
Decided on: Feb-14-1995
Reported in: AIR1995Ker209
ORDERD.J. Jagannadha Raju, J.1. This O.P. is filed by three associations for quashing Ext. P3 order dated 27-10-1993 modifying condition No. 6 in Ext. P1 order dated 12-10-1973. The ancillary reliefs prayed for are : (1) directing respondents to forbear from giving effect to Ext. P3 order; and (2) to issue a writ of mandamus to the fourth respondent to forbear from constructing any multi-storied building on the land allotted to the Kerala History Association, the fourth respondent by Ext. P1 order and in the area encroached by the fourth respondent from out of the College campus.2. Considering the lengthy Original Peti-tion, the counter-affidavits and the reply-affidavits, I feel it would be sufficient if the cardinal facts are stated for appreciation of the controversy involved in this case. The Kerala History Association was started long ago by eminent history teachers and historians. It was originally given some facilities for conducting its activities in the buildings of the Mahara...
Tag this Judgment!Commissioner of Wealth-tax Vs. V. Cleetus
Court: Kerala
Decided on: Feb-14-1995
Reported in: (1995)125CTR(Ker)409; [1995]213ITR14(Ker)
M.M. Pareed Pillay, C.J.1. The question that arises for consideration is whether the order passed by the Valuation Officer in a reference made under Section 16A of the Wealth-tax Act, 1957, can be taken as information in the possession of the Wealth-tax Officer so as to enable him to initiate action under Section 17(1)(b) of the Act.2. The facts necessary for the appreciation of the issue are as follows : The assessce filed a return for the assessment year 1976-77 under the Act, supported by a valuation given by a registered valuer. Holding that the value so returned is less than the fair market value of the property the Wealth-tax Officer referred the matter to the Valuation Officer under Section 16A of the Act. Before the Valuation Officer had sent a copy of his order, the Wealth-tax Officer completed the assessment on the value returned by the assessee. It was thereafter that the Wealth-tax Officer received the order from the Valuation Officer. The Wealth-tax Officer issued notice U...
Tag this Judgment!Meenakshi Vs. Excise Circle Inspector and anr.
Court: Kerala
Decided on: Feb-14-1995
Reported in: 1995CriLJ3435
ORDER1. Revision is directed against the judgment of Additional Sessions Judge, Paravur in Crl. A. No. 157 of 1990. The appeal was presented against the conviction and sentence entered by J.F.C.M., Paravur against revision petitioner in C.C, No. 277 of 1988. P.W. 3, the preventive officer attached to the Excise Circle Office, Paravur and P.W. 2, another preventive officer while they were ; in the course of patrol duty on 9-9-1988 in Kottuvally ; Village, saw the accused walking along a footpath holding a plastic can. She tried to run away from the place. But she was detained by the officers and the can was checked. The can was found to contain a liquid which on smelling and tasting was ascertained to be contraband arrack. The can was seized and a mahazar was prepared which was attested by P.W. 1. After enquiry, complaint was filed before court under Section 50 of the Kerala Abkari Act alleging commission of offence under Section 55(a) of the Act. Out of the liquid contained in the can,...
Tag this Judgment!Young Men's Christian Association, Kottayam Vs. Tahsildar, Kottayam an ...
Court: Kerala
Decided on: Feb-13-1995
Reported in: AIR1995Ker275
ORDER1. Heard learned counsel on both sides.2. The petitioner is Young Men's Christian Association, Kottayam represented by its General Secretary. The petitioner claims to be a charitable society registered under the Travancore-Cochin Literary, Scientific and Chritable Societies Act, 1955. The building owned by the petitioner at Kottayam has been assessed to tax under Kerala Building Tax Act (hereinafter referred to as the Act). The petitioner claimed exemption from taxation under the Act before the assessing authority. However, the assessing authority rejected the claim. On revision, the revisional authority, namely, the second respondent herein referred the question of exemption to the Government under Section 3(2) of the Act. Government as per Ext. P8 order rejected the petitioner's claim for exemption holding that 'the building in question is not eligible for building tax exmption under Section 3(1)(b) of the Act. Ext. P9 is an order issued sequel to Ext. P8 dismissing the revision...
Tag this Judgment!P.G. Dhananjayan Vs. State of Kerala and ors.
Court: Kerala
Decided on: Feb-10-1995
Reported in: AIR1995Ker162
V.V. Kamat, J.1. The Writ of Quo Warranto originally was a writ for the King in England against the subject who claimed or usurped any office, to inquire into the authority by which the claim was sought to be supported, in order to determine the right of the subject. The said writ actually fell into disuse.2. In fact, in his Constitutional Law of India -- Shri H. M. Searvai proceeds with the discussion of Quo Warranto in the following words : (16.61 -- page 1481 -- 4th Edition)'The writ of Quo Warranto was replaced in England, first by information in the nature of Quo Warranto, and then by an injunction accompanied, if necessary, by an order declaring vacant. But the principles which govern the writ still apply, and in the following discussion the 'writ' of Quo Warranto is referred to, as it is expressly mentioned in Articles 32 and 226'.In the country of origin there has been replacement long back. In fact, keeping all the principles undisputed, the factual matrix would provide clear ...
Tag this Judgment!Sharafudeen Alias Thampi Vs. State of Kerala
Court: Kerala
Decided on: Feb-09-1995
Reported in: 1995(1)ALT(Cri)665; 1995CriLJ1849
K.P. Balanarayana Marar, J.1. The first accused in S.C. No. 157 of 1991 before Sessions Court, Thodupuzha is the appellant. Alongwith second accused he was charged for the offence under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (Act for short). The prosecution case is that the second accused sold two kilograms of dried Ganja to the first accused on 22-7-1990. The first accused while he was travelling in Angel bus on 23-7-1990 at about 8.30 a.m. was found possessing Ganja by the Head Constable of Kattappana Police Station who was also travelling in the same bus. Suspecting that the packet contained contraband article, the Head Constable wanted the first accused to open it and show him the contents. On opening the packet, Ganja was seen inside. The bus was directed to be taken to the police station. The first accused and the contraband article were taken to the Sub Inspector of Police who prepared a mahazar and seized the article. Crime was registered and com...
Tag this Judgment!Sreedharan Satheesan Vs. State of Kerala
Court: Kerala
Decided on: Feb-09-1995
Reported in: 1995(2)ALT(Cri)598; 1995CriLJ1782
V. Narayanan Nambiar, J.1. A minor dispute regarding payment of Rs. 500/- between two drivers resulted in the death of one and the prosecution of the other for murder, which ultimately led to his conviction and sentence to undergo imprisonment for life under Section 302, IPC.2. The facts exposed by the prosecution through P.Ws. 1 to 17 are briefly stated below : Deceased Sathyaseelan and accused Satheesan are drivers by profession. The deceased was employed in KSRTC during the relevant time. The accused was the driver of a mini lorry named 'Kavitha' bearing registration No. KCT 3324 owned by P.W. 9, Sabeeda Devi. On 1-12-1988, the KSRTC bus driven by the deceased collided with the lorry driven by the accused causing minor damage to the lorry. P.W. 10 was the conductor of the KSRTC bus at the time of the accident. The deceased and the accused belonged to the same locality and were neighbours and so the matter was not reported to the police as the dispute was settled between the two driv...
Tag this Judgment!Radhamani Vs. State of Kerala
Court: Kerala
Decided on: Feb-06-1995
Reported in: 1995ACJ1112; AIR1995Ker171
ORDERK. Narayana Kurup, J.1. Heard counsel on both sides.2. The husband of the petitioner in this Original Petition met with a fatal accident The petitioner along with her three children filed O.P. (M.V.) 339 of 1991 before the Motor Accidents Claims Tribunal, Ernakulam claiming compensation for the death of her husband from the National Insurance Company Limited, Pollachi and others. The case was settled by the Insurance Company on the basis of the settlement reached between the Insurance Company and the claimants. The second respondent-Tribunal as per Exhibit P-l award granted compensation of Rs. 80,000/- to the petitioner and her children. Out of Rs. 80,000/ - the petitioner's share comes to Rs. 20,000/-. The sum of Rupees 60,000/ - being the amount due to the children have already been disbursed by the Tribunal, so says the learned counsel for the petitioner. The complaint of the petitioner is that the second respondent-Tribunal unilaterally and without making any investigation int...
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