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Judgment Search Results Home > Cases Phrase: rationale Court: kerala Year: 1983 Page 1 of about 7 results (0.021 seconds)

Aug 30 1983 (HC)

P.T. Abdul Sattar Vs. Controller of Estate Duty

Court : Kerala

Decided on : Aug-30-1983

Reported in : [1984]150ITR207(Ker)

..... in agreement with the view so taken by the gujarat high court. (it is for that reason that we have extracted long passages from that judgment which deals with the rationale of the decision).22. at page 310 of the judgment, the decision in perpetual executors' case [1954] 25 itr 47, was distinguished by that court in the following words:'it .....

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Apr 13 1983 (HC)

In Re: Prison Reforms Enhancement of Wages of Prisoners Etc.

Court : Kerala

Decided on : Apr-13-1983

Reported in : AIR1983Ker261

subramonian poti, ag. c.j.1. this court has been receiving petitions from prisoners in the various jails of the state either directly or through the grievance deposit boxes maintained in the jails. such of those matters as call for attention of the government are brought to the notice of the government by the high court, expecting that action would be taken thereon and if no action is taken then the court is called upon to look into the matter on the judicial side and pass necessary orders.2. the high court forwarded a request of 19 prisoners from the central prison at cannanore to the government for necessary action along with the letter of the registrar dated 18-6-1982. one of the prayers made in the representation by the prisoners was that the wages of the prisoners may be enhanced. the government's attention was drawn to this prayer. in fact the question of enhancement of wages of prisoners was pending with the government on a recommendation made by the high court earlier. that has been so pending for a fairly long time, for more than three years now. in the meantime representations in that matter are being received from the prisoners. therefore the high court decided to take cognizance of the complaint of the 19 prisoners concerning the propriety of non-payment of adequate wages. by then the high court also received a similar petition from another prisoner, one p. v. sandappan who also raised the question of inadequacy of wages. thus the matter has been taken up in these .....

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Oct 10 1983 (HC)

Kerala Wakf Board and anr. Vs. State of Kerala and anr.

Court : Kerala

Decided on : Oct-10-1983

Reported in : AIR1984Ker57

t. kochu thommen, j.1. the 1st petitioner is the kerala wakf board (the 'board') and the 2nd petitioner is its chairman, they challenging ext. p21 order dated 29-8-1983 whereby the board was superseded by the govt. in purported exercise of its power under section 64(1) of the wakf act, 1954 (the 'act') with effect from the date of publication of the notification in the official gazette. operative part of ext. p21 reads :'for the foregoing reasons the state government is of opinion that the board has persistently violated the duties imposed upon it and persistently abused its powers to the detriment of the wakf board. therefore it is deemed necessary in the public interest and to protect the interest of the board (trust) to supersede the present members of the board. hence the government in exercise of the powers conferred on them under section 64(1) of the wakf act, 1954 do hereby supersede the board with effect from the date of publication of this notification in the official gazette and the government further notify that during the period of supersession the administration of the board would stand vested with the government until thenew board is reconstituted by the government in terms of the provisions of the aforesaid act.'the notification has not been so far, published in the gazette on account of the judgment of this court- in o. p. no. 6581 of 1982 (ext. p7) and the undertaking given by the advocate-general in the present proceeding on 13-9-1983.2. i shall briefly .....

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Feb 14 1983 (HC)

Jose Vs. State of Kerala

Court : Kerala

Decided on : Feb-14-1983

Reported in : 1984CriLJ748

k. sukumaran, j1. in the dark night of 14th january, 1980, (just three days prior to the new moon day which fell on 17-1-1980) two babies, gini and gina, found their watery grave. the children were born to the accused, aged 26, and his wife p. w. 6, aged 25. a cousin and neighbour of the accused, p. w. 1, gave ext. p1 first information statement before the head constable p. w. 10 at 9.30 a. m. on 15-1-1980. ext. p1 implicated the accused as the person responsible for the death of the children. a crime was registered--crime no. 6 of 1980 of the koratty police station p. w. 10 prepared the inquest reports exts. p4 and p5. the investigation was continued by p. w. 11 who took over the same on 16-1-1980. the accused was arrested on 25-2-1980. a charge was laid against him before the judicial first class magistrate's court, chalakudy (where the case was registered as c. p. no. 23 of 1980) for offences punishable under section 302 of the indian penal code, of causing the death of the children by throwing them into the tank at 10.30 p. m. on 14-1-1980 with the intention that they should be drowned.2. the accused pleaded not guilty. the prosecution examined eleven witnesses and produced six documents, the previous statements given by p. w. 3, and p. w. 6 were marked on the side of the accused, portions of the statement of p. w. 3 having been marked as exts. dl to d5 and those of p. w. 6 as exts. d6 and d7. the learned sessions judge found the accused guilty of the offence of murder .....

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Nov 02 1983 (HC)

State of Kerala Vs. Cleetus Thomas and ors.

Court : Kerala

Decided on : Nov-02-1983

Reported in : 1983CriLJ1939

m. fathima beevi, j.1. the appeal by the state is directed against the order acquitting the respondents, the accused in sessions case no. 70 of 1979 of the additional sessions court, mavelikkara.2. the respondents-accused 1 to 5, were tried for offence punishable under sections 143, 148, 149 and 302, i.p.c. on the charge that the' accused forming themselves into an unlawful assembly armed with deadly weapons, in prosecution of their common object committed murder by causing the death of varghese (37) at about 8 p. m. on july 19, 1979. the incident is alleged to have happened on the public road running from east to west at arthungal within the limits of the sherthallai police station. the case of the prosecution briefly stated is this:3. varghese, the deceased, and accused nos. 1 to 5 were fishermen attached to the coastal area at arthungal. there was a quarrel between the deceased and the first accused on 30-6-1979 in connection with the election to the fishermens' co-operative society. they were thereafter on enimical terms. on the date of occurrence, at about 8 p. m. varghese was returning home along the road accompanied by his mother p. w. 1. the accused rushed towards varghese from the eastern side while they were walking westwards. the first accused was armed with a malappuram knife, a2 with a dagger and accused nos. 3 to 5 with pen knives. the first accused caught hold of varghese and exhorted the rest to stab him. a2 inflicted a stab on the neck of varghese while he .....

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Feb 22 1983 (HC)

Pushpadharan Vs. Food Corporation of India

Court : Kerala

Decided on : Feb-22-1983

Reported in : (1984)ILLJ417Ker

balakrishna menon, j.1. the four petitioners are assistants grade iii in the general administration cadre and the godown cadre of the food corporation of india (hereinafter referred to as the corporation) working in different stations of its southern zone. they joined service in category 4 of the staff regulations of the corporation. the staff regulations were issued in 1971 in exercise of the powers conferred under section 45 of the food corporation of india act, 1964 (act 37 of 1964). assistant grade iii falls under category 3. appointment to the post of assistant grade hi is by direct recruitment of graduates and also by promotion from among matriculate employees in category 4, with three years experience. as per the amended regulations, eighty per cent of the total vacancies of assistants grade iii are to be filled up by direct recruitment of graduates. the promotion quota for matriculate category iv employees is only twenty percent. the petitioners are matriculate category iv employees who had secured promotion to the cadre of assistants grade iii. the next higher post is of assistant grade ii in category iii and as per the staff regulation of 1971 as it originally stood, the mode of recruitment is by promotion of employees with 3 years experience as assistants grade iii 'typists, telephone operators, and in their absence by direct recruitment of graduates with 4 years experience in any office.2. the 30th amendment of the staff regulations as per ext. p 1 notification .....

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Jan 06 1983 (HC)

Thilothama Vs. Kunjappan

Court : Kerala

Decided on : Jan-06-1983

Reported in : 1983CriLJ273

orderu.l. bhat, j.1. in crl. m. c. 46 of 1972, the petitioner obtained an order under section 125 of the code of criminal procedure (for short 'the code') directing the respondent, her hushand, to pay maintenance to her and her child at the rate of rs. 25/- and rs. 10 per month respectively. the maintenance amounts were increased to rs. 50 and rs. 25 per month, respectively in m.c. 61 of 1975 filed by the petitioner. the respondent filed g.p. 2l of 1975 under section 14 of the cochin marumakkathayam thiyya act, 1115 for dissolution of the marriage. the trial court passed an order on 28-7-197(5 dissolving the marriage and directing the respondent to pay compensation of rupees 1,000 to the petitioner under sections 14 and 15 of that act, in appeal, as seen in ext. p1 judgment, the first appellate court increased the quantum of compensation to rs. 2,000 on 9-6-1978 it appears, the amount due was paid on 14-3-1979. thereafter, the respondent filed m.c. 14 of 1980 under section 127(3)(b)(ii) of the code seeking cancellation of the prior maintenance order in favour of the petitioner. the learned magistrate dismissed the petition but in revision. the court of session reversed the decision and allowing m.c. 14 of 1980, cancelled the earlier maintenance order in favour of the petitioner, the result is divorced wife is no longer entitled to claim maintenance though this does not affect her son.2. sections 13 to 15 of the cochin marumakkathayam thiyya act on which reliance is placed by .....

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