Court : Kerala
Decided on : Feb-05-1958
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
Decided on : Mar-04-1958
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
Decided on : Feb-17-1958
Reported in : AIR1958Ker290
Kaman Nayar, J. 1. These petitions, under Article 226 of the Constitution by the managements of certain private schools, recognised and aided by the State Government, are directed against an order of Government Order Ed. (G. Spl.) 1-20599/57/EHD dated 112th October, 1957, by which, in effect, grants earmarked for the salaries of the teachers employed in such schools which were theretofore being drawn and disbursed by the manager of the school concerned are to be drawn and disbursed by the headmaster. This order was to take effect from 1st October, 1957; in other words the new system would come into operation on 1st November when the salaries for October became payable. But the order notwithstanding, the managers of the schools with which we are now concerned prepared and submitted the bills for the salaries of the teachers of their schools for the month of October 1957 (as also for the arrears for some previous months) to the respective Assistant Educational Officers, (who are the cont...
Tag this Judgment!Court : Kerala
Decided on : Aug-19-1958
Reported in : AIR1959Ker26
M.S. Menon, J.1. The respondents filed a petition for the fixation of fair rent in respect of R. S. Nos. 119/1, 119/2, 121/1 and 121/2 of Vazhur Amsom in the Emad Taluk before the Rent Court at Manjeri (R. C. No. 364/94-55). The petitioner before us contended before the Rent Court that Ext. B1 which is styled a panaya kychit does not spell a tenancy, that the respondents were not tenants within the meaning of that expression as defined in the Malabar Tenancy Act, 1929, and that the case should be dismissed on that ground. The Rent Court repelled her contention and fixed a sum of Rs. 60/- as the fair rent payable from the agricultural year 1954-55 as against the liability of Rs. 185/- specified in Ext. B.2. The petitioner applied to the Subordinate Judge of South Malbar, Kozhikode, but without success. The two points considered by the Subordinate Judge in his judgment are: (1) Whether the respondents were in possession of the property as mortgagees or as tenants, and (2) Whether the fai...
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