Kerala Court August 1952 Judgments
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Joseph John Vs. State of Travancore-cochin
Court: Kerala
Decided on: Aug-29-1952
Reported in: 1953CriLJ752
ORDER No. S. 5-9214/50/CS dated 9.10.1951.1. Sri P. Joseph John was the Electrical Engineer of the Travancore State at the time of integration of Travancore with Cochin and continued as the head of the Electricity Department until he was placed under suspension in Government Order No. A-8-9024/49/SD dated 26.12.1949. The suspension was the result of confidential preliminary enquiries which established prima facie certain charges against him. Sri K. Sankaran, Judge, High Court, was appointed as Commissioner under Section 3, Travancore Public Servants (Inquiries) Act, 11 of 1122, to conduct a formal and public enquiry into the case. There were 26 charges framed against him. The Commissioner has enquired into all these charges & forwarded his report. Of the 26 charges, charges XIII, XIV, XV, XVI, XVII, XVIII, XXIII, XXIV, and XXV were dropped and the irregularity in charge IX was condoned. The articles of charge and a summary of the findings on the various charges are given in the enclosu...
Chiramel Varied Devassikutty Vs. State
Court: Kerala
Decided on: Aug-29-1952
Reported in: 1953CriLJ1301
Koshi, C.J.1. Accused 1 to 3 are the appellants in Criminal Appeals 3, 8 and 4. Accused 4 had been acquitted by the lower Court and the State had filed Criminal Appeal 34 of 1952 against that decision. The four accused were the four persons mentioned in the police charge in crime No. 152 of 1123 Of the Chalakudy Police Station. In that charge-sheet, they are described as accused 4, 16, 17 and 22, and the lower Court has followed this order in discussing the evidence in the case. These accused along with 53 others were charged by the Police. But the enquiry and the trial of these accused persons could not be had then, as they were not apprehended. The trial therefore proceeded only as regards the persons apprehended then, ending with the conviction of some. There were criminal appeals against the conviction entered by the Sessions Judge in that case and they were disposed of by this Court on 20.12.1951. It was only after this that the enquiry and trial relating to the accused in the pre...
Govindan Kunjuraman Assari Vs. Krishnan Nair
Court: Kerala
Decided on: Aug-01-1952
Reported in: 1953CriLJ1421
ORDERVithayathil, J.1. The first defendant is the revision petitioner. The revision petition is from an order according sanction to the plaintiff to prosecute the defendants for an offence under Section 188, Penal Code, i.e., for disobeying an order of injunction issued by the Court restraining the defendants from putting up any new building on the suit property. A preliminary objection was raised on behalf of the respondent to the effect that the order passed by the Court below is an appealable order and that, therefore, the revision petition is not maintainable. I do not think that there is any substance in the preliminary objection. The order purports to be one relating to an offence coming under Section 195(1)(a), Criminal P.C. Such an order is not appealable. Section 476B provides for appeals from orders under Section 476 and Section 476A. What is provided in Section 476B is thatany person on whose application any Civil, Revenue or Criminal Court has refused to make a complaint un...
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