Kerala Court July 1953 Judgments
Edward Top and anr. Vs. State
Court: Kerala
Decided on: Jul-24-1953
Reported in: 1954CriLJ25
Koshi, C.J.1. These two appeals arise from the judgment of the learned Sessions Judge of Quilon in Sessions Case No. 14 of 1952 on the file of his Court. Criminal Appeal 91 is by the 1st accused in the case and Crl. Appeal 92 by the 2nd accused. They have both been convicted for commission of offences punishable under Sections 304A, 279, 336 and 337, Penal Code, and each of them has been sentenced to undergo rigorous imprisonment for six months and pay a fine of Rs. 150/- and, in default of the payment of fine, to undergo simple imprisonment for a further period of two months.2. The two accused were driving two cars from almost opposite directions and the charge against them related not only to the collision of the cars and the consequences that followed viz., the death of one David Daniel and causing hurt to P. W. 1 in the case but also to the rash or negligent driving of their cars along the public road as to endanger human life or to be likely to cause hurt or injury to other person...
Tag this Judgment!Seetharam Warehouse Vs. Thaivettil Kunhesso Anna and Two ors.
Court: Kerala
Decided on: Jul-21-1953
Reported in: (1953)ILLJ640Ker
K. Sankaran, J.1. This revision petition is directed against the order passed by the Commissioner appointed under the Workmen's Compensation Act, ordering the enforcement of the award in workmen's compensation petition No. 5/1124 The petition for compensation was filed by the widow and two minor children and also the widowed mother of deceased Avarachan who was employed as a workman under the 1st counter-petitioner in W.C. No. 5/1124. As a result of the injury sustained by Avarachan in the course of his employment, he met with his death and this led to the petition by his mother, widow and minor children for compensation. After enquiring into the merits of the claim, the Commissioner passed an award of Rs. 1,200 in favour of the petitioners. When they applied for recovery of the amount covered by the award after deducting the amount admitted to have been received by them, the first counter-petitioner opposed that application and contended that entire claim had been satisfied by direct ...
Tag this Judgment!Kunju Kunju Asari Nanu Asari Vs. Sanku Asari Thankappan Asari and ors.
Court: Kerala
Decided on: Jul-14-1953
Reported in: 1954CriLJ211
ORDERSankaran, J.1. The petitioner before the lower Court at whose instance security proceedings were initiated against the counter-petitioners has filed this petition seeking a revision of the order passed by the Magistrate discharging the counter-petitioners. Even though the lower Court's order purports to have been passed under Section 119, Criminal P. C., it is seen that the Magistrate has not exercised the jurisdiction vested in him under that section. He has. discharged the counter-petitioner for the sole reason that P. W. 1 was absent when the case was taken up on two occasions.2. In the nature of the proceedings, the Magistrate could not drop them or dismiss the same for the mere default of the complainant. The Magistrate has to be satisfied that it is not proved that there are justifiable grounds for ordering the counter-petitioners to execute bonds to keep the peace and if so he has to record that fact and on the basis of that finding, he can pass an order discharging the cou...
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