Back
P. B. GAJENDRAGADKAR, J. C. SHAH, S. M. SIKRI, K. N. WANCHOO, M. HIDAYATULLAH
Cochin Devaswom Board, Trichur, Appellant (In all the appeals) – Appellant
Versus
Vamana Setti – Respondent
Judgement
SHAH J. : Two questions fall to be determined in these appeals: 1982
(1) Whether the Travancore-Cochin Kanam Tenancy Act 24 of 1955 governs lands held from Devaswoms (religious institutions) in the Cochin region of the State of Kerala; and
(2) Whether the Act infringes the guarantee of equal protection of the laws and is on that account void?
2. Kanam tenure has a feudal origin. Broadly stated it is a customary transfer which partakes of the character of a mortgage and of a lease: it cannot be redeemed before a fixed number of years - normally twelve - and the (Kanamdar) mortgagee-lessee is entitled on redemption to compensation for improvements. The annual payments to the (Jenmi) mortgagor-lessor are regulated by what remains of the fixed share of the produce after deducting interest. If the land is not redeemed on the expiry of 12 years, a renewal fee becomes payable to the jenmi. The Cochin State Manual contains the following description of the Kanam tenure in the Cochin region:
"The Verumpattam (simple lease) becomes a kanam lease when the jenmi (land-holder) acknowledges liability to pay a lump sum to the tenant on the redemption of his lease. In the old days his liabili
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
