Court : Kerala
Reported in : AIR1950Ker83; 1950CriLJ1536
ORDERKrishna Pillai, C.J.1. The reference arises under Section 9, Travancore Newspapers Act (V [5] of 1101) upon a petition presented by the printer and publisher of the newspaper called the Malayans questioning the legality of an order passed by Government whereby the license granted to the said newspaper wan cancelled. The notice given Under Section 6 of tha Act indicated fourteen different articles of several dates, which were said to be seditious and lively (i) to excite disaffection against, and to bring into hatred and contempt, the Government of Travancore, (ii) to promote feelings of enmity or hatred between the several classes of the people in Travancore, (iii) to involve habitual publication of defamatory matter punishable Under Section 603, Travancore Penal Code, (iv) dissemination of false information, and (v) publication of matter which is obsoene in character These, if correct, would bring the publications within the miachief Section 5 of Sub-section (i)(a), (i)(a), (ii)(...
Tag this Judgment!Court : Kerala
Reported in : 1952CriLJ930
Joseph Vithayathil, J.1. The question raised in this petition relates to the jurisdiction of the High Court to review or alter its judgment in a criminal case. The Petition is filed by the State under Section 470 of the Travancore Code of Criminal procedure to modify the direction in the judgment in Referred Trial No. 20 of 1123 and Criminal Appeal No. 136 of 1123 on the file of the erstwhile Travancore High Court. The judgment in that case was by a Bench of that Court consisting of Sankarasubbier & Habeeb Mohammed, JJ. The accused was convicted by the Sessions Court of Parur of offences punishable under Sections 301, 326 and 324, T.P.C., for murdering his wife's brother and for causing grievous hurt to his wife and simple hurt to another brother of his wife, and was sentenced to rigorous imprisonment for life for the offence under Section 301, rigorous imprisonment for one year for the offence under Section 326 and rigorous imprisonment for 3 months for the offence under Section 324, ...
Tag this Judgment!Court : Kerala
Reported in : 1953CriLJ1
Koshi, C.J.1. This revision petition is directed against an order of the Division First Class Magistrate of Padmanabhapurom refusing to compel an accused person to write out in Court two documents which are alleged to be in his handwriting. The prosecution is for cheating and forgery for the purpose of cheating. The State, representing the prosecution, made an application to the Court that the accused should be made to write four copies of each of the two documents forming the subject of the forgery charge against him. The provision of law relied upon in that behalf was Section 73 of the Evidence Act. The accused who was given notice of the application filed a written objection to the effect that he cannot be compelled to write out the documents and that the court should turn down the request of the prosecution. The Court rejected the application' accepting the defence contention that an accused person cannot be compelled to write out in Court copies of documents alleged to have been f...
Tag this Judgment!Court : Kerala
Reported in : (1953)IILLJ563Ker
P.K. Subramania Ayyar, J.1. This is an application presented by the South India Cashewnut Manufacturers' Association, represented by its Honorary Secretary Prabhakar Gerald Walter, under Article 226 of the Constitution of India praying that for the reasons stated in the accompanying affidavit the court be pleased to issue a writ of certiorari for removing the order L2-8772/fi0, dated 24 October 1951, passed by Government of Travancore-Cochin referring an industrial dispute to the second counter-petitioner for quashing the same and for such other appropriate relief as the court may deem fit.There are three respondents to this application who are (1) the State of Travancore-Cochin represented by the Chief Secretary to Government, (2) the .industrial tribunal, Alleppey, and (3) T.K. Divakaran, Convener, Ad hoc Committee, the All-India Cashewnut Factory Workers' Federation, Quilon. * * * * * *3. The facts are as follows. The cashewnut industry is widely carried on in the Central Travancore...
Tag this Judgment!Court : Kerala
Reported in : 1953CriLJ1613
Koshi, C.J.1. This case has come before us in appeal & under Section 374, Criminal P.C. for confirmation of the capital sentence passed on the appellant Vijayan, son of Chandraseri Narayanan Vaidan of Mattancherry for the murder of a boy Swaminathan, aged about 14 who was a student of Form III in the T.D. High School, Mattancherry. Besides murder the appellant also stood charged with the commission of offences punishable under Sections 392 and 201, Indian Penal Code viz., robbery and causing disappearance of the evidence of murder. The learned Sessions Judge of Anjikaimal who held the trial with the aid of four assessors found the accused guilty both of murder and robbery and passed the sentence of death in respect of the former offence. In view of the imposition of the death penalty no separate sentence was awarded with respect to robbery. As for the charge under Section 201, the learned Judge took the view that as the appellant was found guilty of murder the consideration of the ques...
Tag this Judgment!Court : Kerala
Reported in : (1953)ILLJ640Ker
K. Sankaran, J.1. This revision petition is directed against the order passed by the Commissioner appointed under the Workmen's Compensation Act, ordering the enforcement of the award in workmen's compensation petition No. 5/1124 The petition for compensation was filed by the widow and two minor children and also the widowed mother of deceased Avarachan who was employed as a workman under the 1st counter-petitioner in W.C. No. 5/1124. As a result of the injury sustained by Avarachan in the course of his employment, he met with his death and this led to the petition by his mother, widow and minor children for compensation. After enquiring into the merits of the claim, the Commissioner passed an award of Rs. 1,200 in favour of the petitioners. When they applied for recovery of the amount covered by the award after deducting the amount admitted to have been received by them, the first counter-petitioner opposed that application and contended that entire claim had been satisfied by direct ...
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ1418
Koshi, C.J.1. The State has preferred this revision to correct a palpable error made by the learned Sessions Judge of Nagercoil in awarding the sentence upon a person whom he convicted of murder and to have a proper sentence passed by invoking this Court's powers to enhance a sentence passed by a subordinate Court. The occurrence which gave rise to the case (Sessions case No. 7 of 1952) took place on 25-4-1951 i.e., after the Indian Penal Code was extended to this State under the Part B States (Laws) Act, 1951. Section 302, Indian Penal Code, enacts that whoever commits murder shall be punished with death, or transportation for life, and shall also be liable to fine. The learned Judge found that the accused before him 'had committed an offence of murder punishable under Section 302, I.P.C.' and in recording that finding he said:As for the charge of murder under Section 302, I.P.C., I have already found in para. 10 supra that the accused inflicted the fatal multiple injuries on Meenaksh...
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ895
Koshi, C.J.1. Narayana Pillai Balakrishna Pillai of Kochu Veedu (Thenguvila), Mushanodi Muri, Thodiyoor Pakuthy, Karunagappally Taluk, has been convicted by the learned Sessions Judge of Qullon of two offences of murder and sentenced to death. The condemned prisoner, who will hereinafter be referred to as the accused, has preferred Criminal Appeal No. 110 challenging the conviction and the sentence. Referred Trial No. 9 is the proceeding arising from the submission by the learned Judge of the records of the case under Section 374, Criminal P. C., for confirmation of the sentence of death.2. The case of the prosecution is that at about 4-30 p.m. on 30-3-1952 the accused caused the death of his wife Devaki Amma and her 55 days' old child by cutting them with a chopper and otherwise inflicting injuries on them, with the chopper and by kicking etc. The facts of the case, the stages the case passed through before the trial commenced and the plea raised by the accused at the trial are all cl...
Tag this Judgment!Court : Kerala
Reported in : 1955CriLJ740
Koshi, C.J.1. This is a petition 'for the issue of a writ of 'habeas corpus' or such other direction as is necessary in the interest of justice', filed by Sry. Rassammal Kunjan on behalf of her husband Sri. A. Kunjan Nadar, an Advocate of this Court and a member of the Travancore-Cochin Legislative Assembly. Sri. Kunjan Nadar, who will here-in-after be referred to as the prisoner, was arrested by the police at half-past one during the night between 11-8-1954 and 12-8-1954. The arrest was from his residence at Nagercoil. According to the petitioner, the arrest was without any legal justification and like-wise was the detention which followed it.The petition was filed in the High Court, Erna-kulam on 23-8-1954 and after a preliminary hearing on 25th August a Division Bench (Koshi, C. J. and Kumara Pillai, J.) issued a 'writ nisi' directing the respondents to the petition to show cause why the petition should not be granted and the prisoner released from custody and also to cause his prod...
Tag this Judgment!Court : Kerala
Reported in : 1956CriLJ1020
Koshi, C.J.1. These three revision petitions arise from a pending prosecution before the Quilon Sessions Court. In C. C. No. 1 of 1955 the Quilon Police sought to prosecute five persons for commission of certain offences punishable under the Indian Penal Code. All the five persons were alleged to have committed the offence of cheating (Section 420), accused 3 and 5, who are public servants, of taking gratification other than legal remuneration in respect of an official act (Section 161) and accused 1, 2 and 4 abetment thereof (Section 165-A).The case happened to be filed directly before the Sessions Court as per the provisions of the Criminal Law Amendment Act, 1952 and the charge-sheet was laid on 5-9-1955. In due course-all the five accused persons entered appearance and afterwards, on 8-10-1955 three of them, to wit accused 3, 4 and 5 filed a petition (Criminal M. P. 89) before the lower court alleging that the prosecution was not maintainable inasmuch as the inclusion of the offenc...
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