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Judgment Search Results Home > Cases Phrase: rationale Court: kerala Year: 1960 Page 1 of about 10 results (0.064 seconds)

Dec 02 1960 (HC)

itty Kurian and anr. Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Dec-02-1960

Reported in : AIR1962Ker267

orderc.a. vaidialingam, j.1. in both these writ petitions, filed under article 226 of the constitution, the vires of section 49-a of the banking companies act, 1949 are challenged. section 49-a which was added to the original act by the banking companies (amendment) ac; 1959 -- act 33/1959 is as follows:'section 49-a: no person other than a banking company, the reserve bank, the state bank of india, or any other banking institution notified by the central government in this behalf. shall accept from the public deposits of money withdrawable by cheque;provided that nothing contained in the section shall apply to any savings bank scheme run by the government.'2. the petitioner in o. p. 1371/59 claims to be an individual, doing banking business, by receiving deposits from the public for the purpose of lending to others and that the deposit is repayable by cheque or otherwise. the petitioner therein claims to have been doing this business from 1952.3. the petitioner further alleges_ that by virtue of section 49-a of the banking companies act 1949 -- act 10/1949, all persons, other than a banking company, the reserve bank, the state bank of india and any other banking institution notified by the central government, have been prohibited from accepting, from the public, deposits of money withdrawable by cheque, and it is also alleged that section 49-a of the act is ultra vires and void.4. the petitioner further claims that he is entitled to practise any profession and to carry on .....

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Nov 07 1960 (HC)

Kochunni Kartha and ors. Vs. State and ors.

Court : Kerala

Decided on : Nov-07-1960

Reported in : AIR1961Ker210

ansari, c.j. 1. the constitutionality of the kanam tenancy act, no. xxiv of 1955, hereinafter referred to as the act, has been challenged in these ten writ petitions. three landlords or 'jenmies' are the petitioners in o. p. nos. 339/56, 106/57 and 206/58, and claim part of the act to be violative of their fundamental rights under articles 14, 19(1)(f) and 31. the remaining seven petitions are by the holders of kanam tenures, who dispute the cochin devaswom board's right to auction their properties due to their failure to pay rent in kind, whose money value had yet to be determined in exercise of the powers under the act.the devaswom board, in the replies, not only adopt the plea of the act not being constitutional due to the landlords' fundamental rights having been infringed; but further claim the act not having repealed the earlier enactments, under which holders of kanam tenures in the devaswom lands, were subject to special powers, that authorised auctioning of the tenants' properties on the failure to pay the rent. therefore, the two questions arising for decisions in the ten petitions, are how far the act is constitutional and, assuming it to be such, whether the act governs all kanam tenures cochin area including those of devaswom lands. 2. it is common ground that the customary laws pertaining to land tenures, including kanam,throughout the malabar area, were subject to small local variations. yet, the legislations dealing with such tenures in the several parts of .....

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Jan 08 1960 (HC)

Krishnan Nayar Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jan-08-1960

Reported in : AIR1961Ker72

m.s. menon, j.1. section 3 of the travancore-cochin vehicles taxation act, 1950, reads as follows:'(1) government may by notification in the gazette from time to time direct that a tax shall be levied on every vehicle using any public road in the state.(2) the notification issued under sub-section (1) shall specify the rates at which, and the year, half-year, or the quarter for which the tax shall he levied:provided that the rate shall not exceed the maxima specified in schedule i in the case of motor vehicles and the maxima specified in schedule iii in the case of vehicles other than motor vehicles.'entry 4 of schedule i deals with ''motor vehicles plying for hire and used for the transport ofpassengers and in respect of which permits have been issued under the law relating to motor vehicles for the time being in force.' the maximum quarterly tax specified in that entry for such vehicles fitted with pneumatic tyres and permitted to carry more than five persons is as follows:(a) for every seated passenger (other than the driver and the conductor) which the vehicle is permitted to carry ..... .. .... ..... rs. 30/-(b) for every passenger (other than a seated passenger, the driver and the conductor) which the vehicle is permitted to carry .......... rs. 10/-.2 in exercise of the powers conferred by section 3(1) of the act, the government of travancore-cochin directed that the tax shall be levied at rs. 30/- for every seated passenger (other than the driver and the conductor) .....

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Aug 05 1960 (HC)

Madhusudanan Nair Vs. State of Kerala and ors.

Court : Kerala

Decided on : Aug-05-1960

Reported in : AIR1961Ker203

ansari, c.j.1. the petitioners in both the writ petitions challenge the constitutionality of g. o. (hs) 259 dated march 11, 1958, which has fixed their places in the seniority list. the relevant facts, giving rise to the complaint, may be shortly stated.2. the petitioner as well as the respondents, other than the state, in each writ petition, were members of the travancore-cochin state forces, prior to the inauguration of the constitution. when the integration of the state forces with the indian army took place, they were rejected by the indian army selection board, on the ground of not being suitable.the policy of the then government was to provide such persons, as far as practicable, with alternative employments in the state services; and both the writ petitioners as well as the respondents were employed, some in what was called the palace guards, and some in the police force. they were, therefore, separated into two groups; six officers being absorbed in the palace guards, and four in, the police force. the names of those taken in the former are:-1. p. viswanatha pillaimajor2. c. v. mathewscaptain3. m. v. m. menondo4. t. n. madhusoodhanan nairag. captain6. t. k. sreedharan nairlieutenant6. s. kesavan nairdo.this group contains one major, three captains and, two lieutenants; and four of the aforesaid officers, i.e. the. major and the three captains, were allowed the ranks and the scale of pay they had enjoyed before, whereas the other two were giben posts carrying lower .....

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Dec 05 1960 (HC)

Reserve Bank of India Vs. Palai Central Bank Ltd.

Court : Kerala

Decided on : Dec-05-1960

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 from the report of the reserve bank that any of them is prima facie certifiable under that section, i have not thought! it worth while to give further thought to the matter at this stage.3. the pleadings joined issues of fact as also of law, but, all that now remains, as a result of the clarifications and concessions made in the course of the hearing, are the issues of law. that relieves me of any very elaborate statement of the facts, hut it might nevertheless be necessary to state the salient .....

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Aug 16 1960 (HC)

V. Ambi Vs. State of Kerala

Court : Kerala

Decided on : Aug-16-1960

Reported in : 1962CriLJ135

p. govinda menon, j.1. the appellant has been convicted under section 302 ipc for having caused the death of his wife by cutting her with a chopper at about 12-30 p. m., on 4-1-60 and has been sentenced to rigorous imprisonment for life, he was funnel not guilty and acquitted of the offence under section 326, i. p. c-, for having caused grievous hurt to his mother by cutting her with a chopper.2. the prosecution case briefly is this.-the accused was for some time employe j in bombay. then he came back to his native village and married the deceased narayani animal, daughter of pw. 11 in january 1959. the accused, his mother pw. 1, his sister fappamnvii pw. 2 and his wife were living together in his house in tharur village. after the marriage pw. 2 had gone to 'ernakulam and was staying with another brother of hers who was employed there, in november 1959, pw. 1 went to ernakulam to her son and while she was returning she brought back pappamma] with her. while pw. 1 was away the accused and his wife alone were , living in the house. the accused then began to illtreat and beat his wife. pw. 4 who, is a maid-servant in the house, informed their neighbour pw. 3 janafci animal and under instructions from her she sent her husband to the house of the deceased. the husband informed pw. 11 the mother of the deceased she sent her relation pw. 12 to the house of the accused to bring back her daughter. pw. 12'accordingly went and took the deceased to her house. when pws. 1 and 2' returned .....

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Oct 04 1960 (HC)

V.K. Nambudiri Vs. Union of India (Uoi)

Court : Kerala

Decided on : Oct-04-1960

Reported in : AIR1961Ker155; (1961)ILLJ68Ker

m. madhavan nair, j. 1. this is a suit against the union of india and the state of travancore-cochin instituted by an ex-military officer for 'damage's and compensation for the wrongful termination of his employment' to the extent of rs. 50,000/- and other reliefs. the main defence in the case is that the plaintiff, as a member of the armed forces, held office during the pleasure of the president by virtue of article 310 of the constitution and as such is not entitled to maintain a suit based on a wrongful termination of his employment. if this contention is accepted, the suit has to fail in limine; and i am of the view that the defence contention has to be accented.2. the case of the plaintiff is as follows:--the plaintiff was a permanent employee of the rank of a major in the state forces of the erstwhile travancore state when that state was integrated with the adjoining state of cochin to form the state of travancore-cochin mentioned in part b of the first schedule to the constitution. with the integration of the travancore-cochin state he became a major in the travancore-cochin state forces; and on coming into force of the constitution on 26th january, 1950 he became an officer of the indian army by virtue of article 259 (2) of the constitution.thereafter he was entitled to all the privileges of a major in the indian army; but, the 1st defendant, under colour of a reorganisation scheme, screened the officers of the travancore-cochin state forces by the indian army .....

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Jan 01 1960 (HC)

Western India Plywood Ltd., Baliapatam Vs. Commissioner of Income-tax, ...

Court : Kerala

Decided on : Jan-01-1960

Reported in : AIR1960Ker253; [1960]38ITR533(Ker)

velu pillai, j.1. the assesses is a public limited company carrying on business as manufacturer of plywood furniture and of battens for sale. on october 8, 1950, the board of directors of the assessee resolved to raise a loan of three lakhs of rupees, by issusing 600 first mortgage debentures of rs. 500/- each, bearing interest at 71/2 per cent per annum less income-tax, redeemable in three successive years at one lakh every year, 'to be utilised towards the working capital of the company.'the debentures were fully subscribed, and the subscriptions were received between august 24, and november 27, 1950. in issuing the debentures, expenses, by way of stamp paper for the relative trust deed, or underwriting commission, and of registration and lawyer's fees, totalling rs. 12,923-14-0 or roughly rs. 12,924/- were incurred. in the revised statement of the case which is furnished to us, by the appellate tribunal, it is stated, that 'on the basis of the entries in the cash book and on consideration of the cash balances at various dates' the loan raised 'can he stated in a rough and ready way to be identified with payments' towards the purchase of timber and casein for over rs. 1,76,000 cash purchases on december 18, 1950, for over rs. 24,000, and discharge of loans on suspense account between october 28 and november 23, 1950, amounting to over rs. 82,900 and with a deposit of rs. 5l,500/- under a separate account, for the payment of dividends for the year ended march 31, 1950, as .....

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Feb 02 1960 (HC)

K.O. Daniel, Merchant, Kayamqulam Vs. Commissioner of Income-tax, Bang ...

Court : Kerala

Decided on : Feb-02-1960

Reported in : AIR1960Ker329

ansari, j.1. the assesses, who is a dealer in grocery, salt and jaggery, also owns an oil mill, which he had leased on vent to a partnership between himself and his two brothers; and his accounting year for the assessment year 1952-53 extended over the period of 191/2 months, i. e., from 16-8-1950 to 31-3-1952. he had, for the year, furnished return, showing a net income of rs. 6,737; but the income-tax officer. alleppey circle, had added to it a further sum of rs. 24,128-14-0 under the head 'other sources of income'. this has been done because the said sum had been shown in the assessee's personal account as cash credited on 3-9-1951; and the explanation for not treating it as part of the earlier income has been rejected. that explanation is that the entry was made in order to adjust what had been earlier shown as debits in the accounts of three fictitious persons. the assessee's account books for the earlier year contained credit items of rs. 24.128-14-0 in favour of these three persons, these have been given in tabular form in the statement of the case and may be usefully quoted.k. s. baby (ledger account) rs. 6,993-14-0 (anamath account) rs. 5,295, 0-0kuttil varghese rs. 5,105- 0-0k. s georgers. 6,735. 0-0 rs. 24,128-14 -0these accounts have further shown withdrawals by the three persons, which were spread from 17-8-1950 to august 1951. to be more precise k. s george was shown to have withdrawn in three instalments what had been credited in his favour. k. s. baby was .....

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Mar 03 1960 (HC)

Kunjannamma Philipose Vs. Income-tax Officer, Kottayam Circle.

Court : Kerala

Decided on : Mar-03-1960

Reported in : [1961]42ITR640(Ker)

velu pillai, j. - this is a petition to bring up the records relating to the proceedings under section 34 of the indian income-tax act, 1922 (referred to hereinafter as the act), for quashing exhibit p-7, a notice dated march 25, 1959, issued to the petitioner by the respondent, the income-tax officer, kottayam circle. the assessment proceedings for the assessment year 1950-1951 against the petitioners deceased husband were completed by an order, exhibit p-1, passed on march 15, 1950. on january 11, 1951, the respondent called upon the petitioner to furnish a statement of her wealth, and in compliance, she filed a statement on january 18, 1951, which disclosed an amount of rs. 5,283 in deposit in her name in the palai central bank ltd. the petitioners husband died on february 26, 1951. the first notice under section 34 of the act to the petitioner as the legal representative of her husband was issued on august 23, 1951, but there were no further proceedings pursuant to it. a second notice under section 34 was issued to her in the same capacity on june 1, 1955, for the assessment of the sum of rs. 5,283 as part of her husbands income, and an assessment was made in respect of it by the respondent. the petitioner took the matter on appeal, when by exhibit i order it was held, that the deposit being related to the assessment year 1950-1951, its assessment for the year 1951-1952 was not legal. a third notice was issued to the petitioner also in the same capacity on october 16, .....

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