Court : Kerala
Decided on : Jul-24-1963
Reported in : AIR1964Ker287
ORDERC.A. Vaidialingam, J.1. In this batch of 14 writ petitions, the pen-tinners, though different, who are all owners of forest lands in the area, commonly known as the Malabar area, attack the group of four Sections, namely, Sections 48 to 51, contained in Chapter VII of the Kerala Forest Act, 1951, (Act IV of 1962), hereinafter to be referred to as the Kerala Act, as unconstitutional and as Infringing the fundamental rights guaranteed to the petitioners under Articles 19(1) (f) and (g), and 31 of the Constitution. The State of Kerala is the main respondent in most of these writ petitions, though in some of them some of the officers of the Forest Department have also been included as additional respondents.2. Though the averments contained in all these writ petitions are slightly different, all the learned counsel appearing for the petitioners, as well as the learned Gov-ernment Pleader appearing for the State, have agreed to treat the averments contained in O. P. No. 1108/62 as well...
Tag this Judgment!Court : Kerala
Decided on : Oct-07-1963
Reported in : AIR1964Ker190
M.S. Menon, C.J.1. This is an appeal from the decision of the Subordinate Court of Quilon in O. S. No. 130 of 1957. The appellant -- the Madura Company Private Limited, agents of the British India Steam Navigation Company Limited was the 2nd defendant in that suit.2. The plaintiff -- the 1st respondent before us -- sought damages for the short delivery of 354 bags of cashewnuts out of a shipment of 4500 bags from In-hambane to Cochin with transhipment at Lourenco-Marques. The bill of lading concerned is Ext. D-5. Clause 16 of the 25 clauses printed in the bill of lading reads as follows:'Law applicable. The contract evidenced by this Bill of Lading shall be gowned by the Laws of England and in accepting this Bill of Lading the shippers and consignees expressly accept and agree to all its stipula-tions, exceptions and conditions whether written, stamped or printed as fully as if signed by him or them.'3. The English Law relating to bills of lading is embodied in the Carriege of Goods by...
Tag this Judgment!Court : Kerala
Decided on : Oct-18-1963
Reported in : AIR1965Ker135
ORDERC.A. Vaidialingam, J.1. The petitioners, in these writ petitions, who are engaged in the manufacture and sale of all kinds of spirituous preparations besides Allopathic tinctures, challenge the right, of the State Government to collect fees for assaying the companies' products and the costs of the Excise establishment deputed to supervise the operations of the companies concerned.2. Mr. K.K. Menon, learned counsel appearing for all these petitions, as well as the learned Advocate General appearing for the State, the respondent in all these matters, have agreed to treat the pleadings in O. P. No. 1674 of 1962 as representing the stand taken by the various petitioners regarding their grounds of attack, against the levy in question, as well as the stand taken by the State Government, to justify the said levies. Therefore, I will refer to the averments in the pleadings in the said writ petition as well as the exhibits filed by the petitioner and the State Government in that matter.3. ...
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