Kerala Court June 1985 Judgments
P. Kunjuraman Vs. the United India Fire and General Insurance Company ...
Court: Kerala
Decided on: Jun-04-1985
Reported in: 2(1986)ACC53
K. Sukumaran, J.1. This appeal by the plaintiff arises from a suit to enforce a claim based on insurance policy. Most of the contentions raised in the court below do not survive for decision in the appeal. It is therefore necessary only to refer to the skeleton facts necessary for the consideration and decision of the limited issues arising in the appeal.2. The plaintiif owned a fishing vessel. On 1-1-1974, it was involved in a fire accident. The vessel was issued with the 2nd defendant which has now merged with the 1st defendant-Company. The policy was taken for a total amount of Rs. 50,000/- Rs. 25,000/- for the Hull and Rs. 25,000/-for the engine and machinery. The insurance covered was for total and/or constructive total loss as per Institute Standard T.L.D. Clauses (Hull). This clause precludes recovery of any partial loss. It is agreed that that is the combined effect of the clause and the operation of the provisions of Section 56(4) of the Marine Insurance Act 1963, (hereinafter...
Tag this Judgment!Aravindakshan and anr. Vs. State of Kerala and anr.
Court: Kerala
Decided on: Jun-03-1985
Reported in: 1985CriLJ1389
ORDERS. Padmanabhan, J.1. This is a petition invoking the inherent jurisdiction of this Court under Section 482 of the Criminal P.C. The prayer is to quash Ext. P2 order passed on Ext. PI petition and all further proceedings in C.C. 46 of 1983 pending before the Judicial Magistrate of the First Class, Irinjalakuda. There is also a prayer that the petitioners may be dropped from the array of accused in the case. There are two petitioners.2. The short question for consideration is whether Ext. 2 order was passed by the Magistrate without authority and as such an abuse of process of court which resulted in miscarriage of justice requiring interference at the hands of this Court by invoking the inherent power.3. The short facts are : - Second respondent, Ramadevan, is the de facto complainant which was pending before the Judicial Magistrate of the First Class, Kodungallur as C.C. 102 of 1982. Subsequently that case was transferred to the file of the Judicial Magistrate of the First Class, ...
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