Nellikunnel Jose Vs. State of Kerala - Court Judgment

Excerpt:
- section 9: [k.g. balakrishnan, c.j.i., p.sathasivam & asok kumar ganguly,jj] substituted service petition for divorce by mutual consent under section 13-b of the hindu marriage act, 1955 - husband was absent on first date of hearing -summons issued was not properly served - court though not satisfied that husband was evading service directing substituted service of summons held, procedure adopted by court is irregular. section 13-b: [k.g. balakrishnan, c.j.i., p.s. sathasivam & asok kumar ganguly, jj] divorce by mutual consent - husband absent on date of hearing - court adjourning hearing to next date - date, however, preponed on ex-parte prayer made by wife and ex-parte decree passed held, decree is liable to be set aside. court by preponing hearing and passing decree in the..........that arises for consideration is whether on the finding that the accused-appellant was found to be near the lorry, can it be said that prosecution case under section 55(a) of the kerala abkari act has been proved beyond reasonable doubt?4. in the impugned order, the high court itself recorded a finding that the petitioner-accused was seen near the lorry and the presence of the revision-petitioner near the lorry, therefore, has been proved. on this finding, it is difficult to sustain the ultimate conclusion that the offence under section 55(a) of the act has been committed. consequently, the conviction and sentence against the appellant cannot be sustained.5. we, therefore, set aside the conviction and sentence recorded against the appellant and he is acquitted of the same. the appeal is.....