Court : Kerala
Reported in : 1952CriLJ1095
ORDERGovinda Pillai, J.1. The accused was charged for an offence under Section 9 of the Travancore Prohibition Act, VII (7) of 1123, in that he was found in a state of intoxication in the public road, just in front of the State Transport Garrage at Meenakshipuram in Nagercoil. This was at about 1 a.m. on the night of 18.6.1124. At that period, the place in question was declared to be a prohibition area; and any one found in an intoxicating condition was liable to be tried and convicted for an offence under Section 9 of the Prohibition Act. The accused is the Superintendent of Fisheries. He was on his way to Muttam, to conduct an enquiry into the official irregularities of the Sub-Inspector of Fisheries there. That Sub-Inspector is P.W. 5.The prosecution case was that the accused had taken brandy at Trivandrum, that he then travelled by bus to Nagercoil in the company of P. W. 5 and D.Ws. 1 and 3, that at the pertinent time in question he was seen standing at the gate of Raghuvilas Hote...
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker164
Kaman Nayar, J.1. The petitioner before us was, and claims that he still is, the president of the Pathanamthitta Union of the Aruvipuram Sri Narayana Dharma Paripalana Yogam (better known by its abbreviated title of the S. N. D. P. Yogam), a body incorporated under Tranvancore Regulation I of 1063 (Indian Companies Act VI of 1882). A copy of the articles of association. In other words of the rules of the Yogam, has been produced and has been marked as Ext. P-l.They contemplate the establishment of a large number of branches: unions are group organisations of the branches; and both the branches and the unions are of course, subordinate to the Yogam and subject to its control. On 20-7-1955, the General Secretary of the Yogam, acting on behalf of its Council sent the petitioner the notice, (Ex. P-3) asking him to show cause against disciplinary action for having worked against the interests of the Yogam.The charge was based on two documents appended to the notice, the first Ex. P-4 dated ...
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker109
Raman Nayar, J.1. The appellant in this case, the Shri Themmalapuram Bus Transport Ltd., Palghat, is a bus operator. By his order, Ext. A dated 21-9-1955, the 1st respondent, the Regional Transport Officer, Kozhikode, suspended the permit of a bus belonging to the appellant company under Section 60 of the Motor Vehicles Act, 1939. The suspension was for a period of 45 days and the order said that it was with effect from 25th October, 1955. Against this order the company appealed, and, on 12-10-1955, before the date specified in Ext. A as the date on which the suspension was to commence, it obtained a stay from the appellate authority the Secretary, Central Road Traffic Board, Madras, whose successor, the Secretary, Central Road Traffic Board, Trivandrum, is the 2nd respondent to this appeal.On 27-12-1955 by his order Ext. B, the appellate authority dismissed the appeal without saying anything about the date on which the suspension was to commence, and on 2-2-1956 the company filed a pe...
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker207; 1958CriLJ1021
P.T. Raman Nayar, J.1. The accused in this case, a man of 45, has been sentenced to death for the murder of his wife, Kotha by name, a woman of 22. He has appealed, and the learned Sessions Judge has submitted the proceedings for confirmation of the sentence.2. The accused and the deceased were married about four months before the occurrence which took place at about mid-night on the night of the 12th November, 1956. They lived together in the accused's house for only two months and then the deceased ran away to the house of her parents, P-Ws. 1 and 3, some distance away, and was Jiving there till the time of the occurrence. Whether she did this as a result of ill-treatment as alleged by the prosecution or for no reason whatsoever as stated by the accused is a matter of no consequence. But although it is supported by no other evidence, the accused's statement in the confession, Ext. P-ll, he made before a Magistrate, that his repeated demands that his wife should go back to him went un...
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker5
Varadaraja Iyengar, J.1. The matter arises in execution of the decree, on objection raised by the respondent -- 5th defendant, that the execution of the decree is barred by limitation, as regards personal execution for realisation of the mesne profits, granted under the decree. The court below upheld the objection and hence this appeal by the assignee-decree-holder.2. The decree set aside a mortgage which stood in favour of the 5th defendant in respect of plaint Item No. 3 and allowed recovery of the same, with past and future mesne profits. The decree was passed on 4-3-1121. On 18-10-1123, the first execution application was filed, praying inter alia for recovery of the mesne profits but only 'as a charge against the properties'. The prayer for personal execution against the 5th defendant was for the first time made in the second execution petition dated 22-6-1953, but as by then, more than three years had elapsed from the date of the decree the court below held such prayer was barred...
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker135
Anna Chandy, J. This appeal is by the plaintiff in O. S. 46 of 1954 in the Court of the Subordinate Judge of Palghat.2. The plaintiff was the consignee of 173 bags of beedy tobacco sent from Cochin Harbour Terminus by wagon No. E.B. 15358 under invoice dated 7-7-53. When the wagon was opened at its destination on 9-7-1953 it was found that a portion of the goods was damaged by rain water. The damage was estimated at Rs. 7.201-9-0 and this suit was filed against the Union of India as represented by the General Manager, Southern Railway, Madras for recovery of damages. The suit notice Ext. B1 was dated 7-7-54 and it was served on the General Manager on the same day. The suit was filed on 7-9-1954. Thus it is seen that excluding the day on which the notice was actually served, the period of the notice was one day less than the statutory period of two months. The defendant contended inter alia that! the suit was premature for want of compliance with Section 80 C. P. C. That contention was ...
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker268; [1961]31CompCas154(Ker)
ORDERP.T. Raman Nayar, J.1. By this application brought under Section 38(3)(b)(iii) of the Banking Companies Act, 1949, the Reserve Bank of India seeks the winding up of a hanking company called the Palai Central Bank Ltd. The application is opposed by the company and by sixty-six creditors, some of them contributories, the debts due to whom, it is said, amount to about Rs. 70 lakhs out of a total outside liability of about Rs. 860 lakhs. Five creditors to whom, according to their claims about Rs. 2 lakhs is due, have appeared to support, or seemingly to support, the application.2. The company and some of its cerditors have applied under Section 391 of the Companies Act, 1956 for considering schemes of reconstruction and the company has also applied for a stay of the present proceedings pending disposal of these applications. In view of Section 44B of the Banking Companies Act, I have had the schemes examined by the Reserve Bank (in a rather summary way it is true) and it not appearing...
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker287
ORDERC.A. Vaidialingam, J.1. In this batch of 14 writ petitions, the pen-tinners, though different, who are all owners of forest lands in the area, commonly known as the Malabar area, attack the group of four Sections, namely, Sections 48 to 51, contained in Chapter VII of the Kerala Forest Act, 1951, (Act IV of 1962), hereinafter to be referred to as the Kerala Act, as unconstitutional and as Infringing the fundamental rights guaranteed to the petitioners under Articles 19(1) (f) and (g), and 31 of the Constitution. The State of Kerala is the main respondent in most of these writ petitions, though in some of them some of the officers of the Forest Department have also been included as additional respondents.2. Though the averments contained in all these writ petitions are slightly different, all the learned counsel appearing for the petitioners, as well as the learned Gov-ernment Pleader appearing for the State, have agreed to treat the averments contained in O. P. No. 1108/62 as well...
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker190
M.S. Menon, C.J.1. This is an appeal from the decision of the Subordinate Court of Quilon in O. S. No. 130 of 1957. The appellant -- the Madura Company Private Limited, agents of the British India Steam Navigation Company Limited was the 2nd defendant in that suit.2. The plaintiff -- the 1st respondent before us -- sought damages for the short delivery of 354 bags of cashewnuts out of a shipment of 4500 bags from In-hambane to Cochin with transhipment at Lourenco-Marques. The bill of lading concerned is Ext. D-5. Clause 16 of the 25 clauses printed in the bill of lading reads as follows:'Law applicable. The contract evidenced by this Bill of Lading shall be gowned by the Laws of England and in accepting this Bill of Lading the shippers and consignees expressly accept and agree to all its stipula-tions, exceptions and conditions whether written, stamped or printed as fully as if signed by him or them.'3. The English Law relating to bills of lading is embodied in the Carriege of Goods by...
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker135
ORDERC.A. Vaidialingam, J.1. The petitioners, in these writ petitions, who are engaged in the manufacture and sale of all kinds of spirituous preparations besides Allopathic tinctures, challenge the right, of the State Government to collect fees for assaying the companies' products and the costs of the Excise establishment deputed to supervise the operations of the companies concerned.2. Mr. K.K. Menon, learned counsel appearing for all these petitions, as well as the learned Advocate General appearing for the State, the respondent in all these matters, have agreed to treat the pleadings in O. P. No. 1674 of 1962 as representing the stand taken by the various petitioners regarding their grounds of attack, against the levy in question, as well as the stand taken by the State Government, to justify the said levies. Therefore, I will refer to the averments in the pleadings in the said writ petition as well as the exhibits filed by the petitioner and the State Government in that matter.3. ...
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