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Judgment Search Results Home > Cases Phrase: mediation Court: kerala Year: 1977 Page 1 of about 19 results (0.056 seconds)

Nov 30 1977 (HC)

State of Kerala Vs. Haridasan

Court : Kerala

Decided on : Nov-30-1977

Reported in : 1978CriLJ1204

orderkumari p. janaki amma, j.1. the respondent and 2 others were charge-sheeted by the sub-inspector of police, panniyankara for an offence under section 324 read with section 34 i.p.c.2. p.w. 1 in the case was running a cycle shop at kallai. there was a tailoring shop of one chandran adjacent to the shop of p.w. 1, some time prior to the incident in this case, there was a quarrel between chandran and the first accused in the case, p.w. 1, who happened to be there, separated them. the first accused thereafter became inimical towards p.w. 1, on 27-8-71 at about 8 p. m. p.w. 1 was standing on the public road in front of his cycle shop, the first accused along with accused nos. 2 and 3 who are his friends came there. the first accused had a knife in his hand. he exhorted p.w. 1 about a petition that he had filed against the accused before the police, following this, he stabbed p.w. 1 with the knife, p.w. 1 warded off the first stab. but he was again stabbed on the left chest causing a bleeding injury. the 2nd accused caught hold of p.w. 1 and the third accused threw a glass bottle against p.w. 1. thereafter the accused left the place. p.w. 1 was taken to the hospital, a case was registered against the accused. during trial, p.ws. 1 to 3 end 5 were examined to prove the prosecution case. p.w. 3, however, did not support the prosecution and, therefore, was declared hostile and cross-examined. p.w. 8, medical officer sent ext. p-3 to the police station wherein he stated that the .....

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Nov 15 1977 (HC)

Bhaskaran, Etc. Vs. State

Court : Kerala

Decided on : Nov-15-1977

Reported in : 1978CriLJ738

orderku. p. janaki amma, j.1. these petitions are filed by the two accused who were convicted for counterfeiting of currency notes and other allied offences. cri. m. p. 966/77 is by the 14th accused in s.c. 29 of 1975 of the court of session, trichur. the conviction and sentence passed against the petitioner were confirmed by this court in cri, a. 31/76. there was another case against the same person s, c. 60 of 1975 wherein also he was convicted. the conviction and sentence were confirmed by this court in cri. a. 121/76. there were similar convictions and sentences in the above two cases against the petitioner in cri. m. p. 967/77. the conviction and sentence in s.c. 29/75 were confirmed in cri. a. 29/76 and the conviction and sentence in s.c. 60/75 were confirmed in cri. a. 120/76, cri. a. 120 and 121/76 were disposed of by this court on 5th july, 1977 while cri. a. nos. 29 and 31/76 were disposed of on 18th august, 1977. in the present petitions filed under section 482 of the code of criminal procedure, the petitioners pray that the inherent jurisdiction of this court be invoked and an order passed under section 427 cr.pc directing the sentences in the two cases to run concurrently.2. the relevant portion of section 427 cr.pc reads :when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to .....

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Jun 29 1977 (HC)

Ammu Brahmani and ors. Vs. Gopalan and ors.

Court : Kerala

Decided on : Jun-29-1977

Reported in : AIR1979Ker130

chandrasekhara menon, j. 1. the appellants are the plaintiffs in the suit from which this second appeal arises. the properties scheduled to the plaint in the suit belonged to the family of the husband of first plaintiff. there was an earlier suit for partition of the assets of this family -- o. s. 134/1114 (m. e.) of the district court, trichur. during the pendency of the suit a receiver appointed by the court was in management of the properties involved in the litigation. the properties, now the subject matter of the present suit had been leased out by the receiver to one velappan on an aggregate rent of 57 paras of paddy and one bunch of bananas per year. during the pendency of the partition suit, first plaintiff's husband had died and the plaintiffs in the present action had been impleaded as his legal heirs in the partition suit. by the decree in the partition suit, which was finally confirmed in appeal on 27-10-1958, the properties had been set apart to these persons. 2. after the death of the original lessee from the receiver, velappan, the first respondent herein, the defendant in the suit came into possession of the properties holding the same under the same lease arrangement. re filed on 22-5-1961 an application for fixation of fair rent before the land tribunal, trichur as o. a. 3566 of 1961. this application filed under the kerala agrarian relation act was subsequently renumbered as o. a. 1767/64, after coming into force of the kerala land reforms act (hereinafter .....

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Jul 19 1977 (HC)

Kerala Commercial Corporation and ors. Vs. Additional Collector of Cus ...

Court : Kerala

Decided on : Jul-19-1977

Reported in : 1984(15)ELT325(Ker)

v.p. gopalan nambiyar, c.j.1. the appellants, the kerala commercial corporation (a partnership firm), its managing partner, and its spices broker, were proceeded against under sections 111 and 112 of the customs act, 1962. the contravention alleged against them was that they had smuggled 244.40 kgs of cloves of foreign origin and two bottles of foreign brandy. a statement was recorded from the 2nd appellant, the managing partner. ext. p2 notice dated 1-5-1970 was issued by the assistant collector of customs, cochin, to show cause why proceedings should not be taken under section 111(d) of the customs act read with section 3(2) of the imports and exports (control) act, 1947, and the cloves confiscated, and why penalty should not be imposed on the persons concerned under section 112(b) of the act for acquiring possession, or and carrying, depositing, harbouring, keeping, concealing etc. goods which they knew or had reason to believe, were smuggled goods liable to confiscation under the act. copies of the notice were addressed to the appellants before us. the notice recited that a party of preventive staff, on receipt of information, and in pursuance of a search had proceeded to search the premises of the appellants and had found the goods and documents specified in the notice and recovered the same from the premises under a search-list, in the presence of the 2nd appellant, the managing partner of the 1st appellant-firm, and two independent witnesses. this was replied to, by .....

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Nov 14 1977 (HC)

Kadamkothu Valappil Sreedharan Vs. Keereerakath Muhammed Kunhi

Court : Kerala

Decided on : Nov-14-1977

Reported in : AIR1978Ker164

balagangadharan nair, j. 1. respondent who is the landlord applied for evicting the petitioner-tenant under section 11 (2) (b) of the buildings (lease and rent control) act (which we will call the act for short) on the ground that he was in arrears of rent. on feb. 26, 1974 the petitioner deposited in the rent control court the rent till the end of that month for payment to the respondent. however on feb. 28, 1974 the rent control court passed an order of eviction on the ground that the amount deposited was insufficient as it did not cover the costs of the proceedings, adding a rider within section 11' (2) (c) that the petitioner could get the order vacated by making up the deficit amount within one month. the petitioner did not do this within the time but made an application i. a. 192(a)/74 for vacating the order only on june 1, 1974, supporting it with an affidavit explaining the circumstances which led to the delay. he also deposited rs. 37.10 being the costs and the rent up-to-date. the rent control court dismissed the application in the view that it had no power to condone the delay and allow the application, as it was made only after the period of one month had expired. this conclusion has been confirmed by the appellate authority and revisional court on substantially the same reasoning, dismissing the appeal and revision taken 'by the petitionerchallenging the order of the rent control court. 2. the revision filed by the petitioner has come before us pursuant to a .....

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Jun 17 1977 (HC)

M. James Thomas and Ors. Vs. the Hon'ble the Chief Justice represented ...

Court : Kerala

Decided on : Jun-17-1977

Reported in : AIR1977Ker166; (1978)IILLJ226Ker

gopalan nambiyar, c.j. 1. these three writ petitions challenge the action of the chief justice of this court in cancelling a prior order dated 3-7-1971, on the basis of which promotions were effected in a certain category of the high court staff from 1-7-1968. it was ordered that the cancellation was to be given effect to only from the chief justice's decision to cancel, viz. 7-9-1974 and not from 1-7-1968 from which date the cancelled order took effect. this is the grievance of the petitioners. the writ petitions will be dealt with seriatim. the facts will be noticed in detail in o. p. 340 of 1976, and supplemented, if necessary, with the additional facts, where present, in the other two writ petitions,o. p. no. 340 of 1976.2. the petitioner in this writ petition, an assistant grade 1 in the high court services, was a lower division clerk (or an assistant grade ii as it was redesignated) prior to 1-7-1968, a material date 'for purposes of all the three writ petitions. respondents 5 to 8 are also assistants gr. 1, by a g. o. dated 9-10-1969 the government refixed the ratio between upper division clerks and lower division clerks. by another g o. they also accepted the recommendations of the pay-revision committee regarding the revision of pay scales of posts in government service. this was made applicable to the high court staff by the chief justice on 1-8-1969, which resulted in the proliferation of twenty additional posts of upper division clerks redesignated as assistants .....

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Jan 25 1977 (HC)

M.A. Kochudevassy and ors. Vs. the State of Kerala

Court : Kerala

Decided on : Jan-25-1977

Reported in : AIR1977Ker113

gopalan nambiyar, ag. c.j.1. these petitions were heard together by a full bench as they raised the question of the correctness of a division bench ruling of this court in sahadevan v. state of kerala (1976 klt 134). the questions raised are: whether the special judge trichur, appointed under the criminal law amendment act 1952 had jurisdiction to try the cases in question in respect of the offences charged; and whether the reasoning and the conclusion of the division bench ruling in 1976 klt 134, which had considered a similar question, can be said to be correct.2. crl. m. p. no. 862 of 1976 is by the 10th accused in c. c. no. 76 of 1976 on the file of the special judge, trichur. the offences charged are under sections 120-b, 408, 465, 467, 477 and 477-a of the i.p.c. and sections 5(1)(c) and 5(2) of the prevention of corruption act. the 10th accused is a member of the executive committee of the co-operative society no. rule 192, chalakudy.3. in crl. m. p. no. 1096 of 1976 the two petitioners are charged in c. c. no. 32 of 1975, with offences under sections 408 and 477-a of the i.p.c. and sections 5(1)(c) and 5(2) of the prevention of corruption act, for misappropriation of funds of the arimbur service co-operative society. the 1st petitioner is the secretary and the 2nd, petitioner is the head-clerk of the society.4. in crl. m. p. no. 1093 of 1976 the sole accused is charged under sections 408,465, 471 and 477-a of the i.p.c. and sections 5(1)(c) and 5(2) of the prevention .....

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Apr 13 1977 (HC)

T.V. Eachara Varier Vs. Secretary to the Ministary of Home Affairs and ...

Court : Kerala

Decided on : Apr-13-1977

Reported in : 1978CriLJ86

subramonian poti, j.1. the case before us is unique in several respects. the petitioner here is the father of one sri p. rajan who was a final year student in the regional engineering college, calicut during the academic year 1975-76. the petitioner complains that his son rajan was taken into police custody on 1-3-1976 when rajan was staying in the college hostel and so far the police had not made known his whereabouts. the principal of the college informed the petitioner by registered letter sent on the same day that his son had 'been arrested by the police. this was at a time when the proclamation of emergency was in force. the petitioner has not seen his son thereafter nor has he been a'ble to get any definite information about him. the only remedy available to him at the time was to make representations to the authorities which he did with no result.2. the petitioner has been residing in cochin after he retired as a professor of hindi in the government arts and science college, calicut. rajan is said to have been a fairly bright student and he is said, to have never indulged in any kind of political or objectipnable activity. his only activity wag said to be in the field of music, drama and other arts. he had been the secretary of the arts association in his college in 1973-74.3. the petitioner's case is that he did not know why his son was arrested, that he made enquiries to police officers, who, he felt, would 'be able to give him the details about his son's arrest and .....

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Jul 22 1977 (HC)

C.C. Transport Company Vs. the State of Kerala

Court : Kerala

Decided on : Jul-22-1977

Reported in : [1977]40STC444(Ker)

t. kochu thommen, j.1. these tax revision cases arise from a common order of the kerala sales tax appellate tribunal, trivandrum, in respect of the years 1966-67, 1967-68 and 1968-69. the assessee is the same and the question of law raised is common in all these three cases. we shall therefore dispose of these cases by a common judgment. the question of law arising for our consideration is whether an order of remand made by the deputy commissioner under section 35 of the kerala general sales tax act, 1963 (hereinafter called the act), amounts to a direction to assess escaped income.2. the taxable turnover of the assessee was determined by the sales tax officer at rs. 48,456.87 for the year 1966-67, rs. 1,70,730.70 for the year 1967-68 and rs. 75,036.45 for the year 1968-69. when the assessment records were examined by the deputy commissioner, north zone, kozhi-kode, he found that the sales tax officer had wrongly exempted the entire turnover of spare parts sold by the assessee to its sister concerns. in his order under section 35, the. deputy commissioner stated that the assessee was entitled to claim exemption only in respect of goods which had already been subjected to a single point tax under the act. he pointed out that the records showed that some of the goods sold by the assessee were purchased by it from persons outside the state and such goods would not have been subjected to tax. it is only in the case of goods purchased by the assessee from persons inside the state .....

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Sep 20 1977 (HC)

District Collector and 2 ors. Vs. Makkottathil Kunhi Ayisia Umma

Court : Kerala

Decided on : Sep-20-1977

Reported in : [1978]41STC455(Ker)

v.p. gopalan nambiyar, c.j.1. the appeal is by the sales tax department of the state (the collector, the tahsildar and the sales tax officer), against the decision of a learned judge who allowed o.p. no. 127 of 1973, setting aside exhibit p2 attachment proceedings and exhibit p5 order rejecting the writ petitioner's claim that the attached properties were hers and quashing the said two orders.2. one v.c. mahammad haji, the husband of the writ petitioner, died on 17th october, 1963. on 30th april, 1962, he had submitted the return of his turnover under the sales tax act, in respect of his business. as the return itself disclosed that sales tax was due from him, a demand notice was issued on 24th june, 1963, calling upon mahammad haji to pay a sum of above rs. 6,000 by way of sales tax. mahammad haji paid up a sum of about rs. 2,200 under several chalans. these facts are disclosed in paragraph 2 of the counter-affidavit. it was thereafter that he died on 17th october, 1963. on 10th may, 1962, he had executed a deed of gift conveying the property attached by exhibit p2 to the petitioner in the writ petition. the assessment order, in the wake of the return, was passed by exhibit p1 proceedings dated 9th november, 1964. the assessment was against m. hamsa, shown as the legal representative of the deceased mahammad haji. the deficit tax was shown as rs. 3,842.74. for this, attachment was levied by exhibit p2 proceedings against the property that was gifted to the writ petitioner. .....

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