Court : Kerala
Reported in : 1991ACJ140; AIR1991Ker47
..... it can be illustrated thus :--the amputation of a hand preventing a plaintiff from playing cricket would merit consolatory damages; the same loss preventing a man from carrying on his employment would merit compensatory damages. ..... , (1879) 5 qbd 78 at 79.32. ..... , (1879) 4 qbd 406, observed thus:--'a jury cannot be said to take a reasonable view of the case unless they consider and take into account all the heads of damage in respect of which a plaintiff complaining of a personal injury is entitled to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker1
..... in sub-section (1) shall apply in respect of so much extent of land comprised in private forests held by an owner under his personal cultivation' as is within the ceiling limit applicable to him under the kerala land reforms act, 1963 (act 1 of 1964) or any building or structure standing thereon or appurtenant thereto, explanation :-- for the purposes of this sub-section, 'cultivation' includes cultivation of trees or plants of any species, (3) nothing contained in sub- ..... have relied upon it a case inconsistent with that upon which it was founded; nor will he be allowed to go behind an order made in ignorance of the true facts to the prejudice of third parties who have acted on it'.the action on the part of a village officer in collecting the revenue cannot by any stretch of reasoning be regarded as a representation made or stand taken on behalf of the government that it is a land ..... difficult to say that lands cultivated with eucalyptus trees would be lands principally cultivated with agricultural crop coming within the ambit of the term 'agricultural crop' as used in the act, the full bench proceeded further to state thus: 'one should not deviate from the normal rules of stututory construction and refuse to evaluate the meaning of the word 'any other ..... statute imposes a duty of a positive kind, not avoidable by the performance of any formality, for the doing of the very act which the plaintiff seeks to do, it is not open to the defendant to set up an estoppel to prevent it. ..... 1879 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker248
..... faith and with a view-to cause oppression and injustice respondents 1 and 2 petitioned the police and forest authorities and abused the process of the munsiff-magistrate's court to defeat the petitioner and that acts were committed by them with the help of the 3rd respondent, the munsiff-masistrate and the 4th respondent, the circle inspector which have impeded the course of justice by defeating the orders liable ..... of the munsif magistrate's court, perambra, to be abused by the other respondents and that he has aided and abetted the other respondents in so abusing the process of the court: and in so doing he has not only acted in a manner wholly unwarranted by law, but has also wilfully impeded and diverted the course of justice by defeating the final orders liable to be passed by this court in criminal revision petition no. 176 of 1969 and criminal m. ..... ought to have known that the question of the disposal of logs was essentially one which the court has to decide for itself on the basis of the materials placed before it and besides that his acts as set forth in the statement of facts, were calculated to impede the course of justice by defeating the orders liable to be passed by this court in criminal revision no ..... that she resorted to illicit cutting, the collector stopped operation by her and prevented her from removing the trees cut ..... operating on his permit with the aid of a large number of workers and the assistance of his friends and even supported by elephants on 25-3-1969 itself .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker253
..... that the bishop is to consider all the circumstances which appear to him, honestly exercising his judgment to bear upon the particular case, and upon the question whether he ought in that case-to prevent proceedings being taken, j dissent entirely from the view that it is for the courts or your lordships to determine what are the consideration which, ought to govern the bishop's opinion ..... power and no check by way of appeal or otherwise is provided against the order of the central government, can he disposed of on the ground that the power vested in the central government to fix the prices under the act in question is in the interest of the general public; and that, under these circumstances, it is absurd to expect that there would be some provision by way of appeal or otherwise against the exercise of the power by ..... a license, in any of the following cases, namely :-- (a) where the licensee, in the opinion of the state government, makes wilful and unreasonably prolonged default in doing anything required of him by or under this act;(b) where the licensee breaks any of the terms or conditions of his license the breach of which is expressly declared by such license to render it liable to revocation;(c) where the licensee fails within the period fixed in ..... 1956 s c 446, the supreme court had occasion to consider the expression 'as it may judge to be most for the benefit of the property and the advantage of the ward' occurring in section 18 of the bengal court of wards-act, (9 of 1879) .....
Tag this Judgment!Court : Kerala
Reported in : 1993ACJ1140; AIR1991Ker230
..... it is not possible to accept the first submission of learned counsel for appellant that since revival is within two years, the case will not fall under section 45 of the act and that it would be open to the insurer to call the policy in question on the ground that the statement made in the proposal for insurance or in any report of a medical officer or referee or friend of ..... the fact that the assured's answers in a proposal from are true does not prevent the insurer from relying on non-disclosure; the fact that the assured's answers are literally true will not be enough where in fact they are misleading, ..... , it would be profitable to refer to section 45 of the insurance act, 1938 (hereinafter referred to as 'the act' for short) insofar as it is relevant to this case: 'no policy of life insurance effected before the commencement of this act shall after the expiry of two years from the date of commencement of this act and no policy of life insurance effected after the coming into force of this act shall, after the expiry of two years from the date on which ..... of the view that the defendant cannot call in question the first policy in view of the first part of section 45 of the act as more than two years have elapsed after the commencement of the first policy. 8. ..... mansel (1879) 11 ch d 363) ..........thus, where a question was asked in a proposal form as to previous refusals to insure by other companies, it was held that the assured was boundto disclose that his last insurer had failed .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker47
..... thejudgment creditor does not thereby become a credi-tor of the garnishee in respect of such debts; but he at once acquires a right over them, entitling himto prevent the garnishee from paying his creditor. ..... .....hence an order absolute will prevent thejudgment debtor after its date from issuing execution of serving a bankruptcy notice in respect ofthe debt, if he has already obtained judgmentupon it. ..... the effect of section 186 of the compaaies act, 1908, was stated to be, that the assets of the company became divisible among the creditors pari passu. ..... in re, stanhone silkatone collieries company (1879) (xi) ch. ..... the respondent then applied for stay of proceedings purporting to be under section 446 of the companies act, 1956. ..... a proceeding to execute the final order against the respondent cannot be construed to be a proceeding against the bank and is not within the prohibition of section 446 of the companies act,7. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker67
..... the property had been allotted in the partition as the decree-holder had not impleaded him in execution.here, the suit was, from its very inception, a money suit; and section 52 of the transfer of property act could not have been invoked at all by the decree-holder; and for the reasons which we have stated while discussing ilr 14 mad 29, to render an attachment and sale in execution of a decree in a money suit ..... 1943 were not binding on them as they were not made parties to that suit and execution proceedings and as the thavazhi and tarwad had ceased to be in existence after the enactment of the shariat act and the defendants impleaded in that suit could not, therefore, represent the petitioners, that the decree-holders had therefore no right to evict the petitioners, from the properties and recover possession of them, that ..... incidents of a mappila marumakkathayam tarwad.at the time of the hearing of the petitions, the petitioners therefore abandoned their case that their rights in the decree schedule properties were governed by the shariat act and so they should have been made parties to the suit at the execution proceedings and contended that on account of the plaintiff's failure after the execution of the partition deeds, exts. ..... 'and to prevent the injustice of the plaintiff being prejudiced by any act of the defendant subsequent to the institution of ..... case a creditor brought a suit against the karnavan for money borrowed by him for tarwad purposes and obtained a decree in 1879. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker75
..... judge observed :--'in many cases......first, the doing of someact by one man upon the land of another; secondly, the absence of right to do that act in the person doing it; thirdly, the knowledge of the person affected by it that the act is done; fourthly, -the power of the person affected by the act to prevent such act either by act on his part or by action of the courts; and lastly, the abstinence by him from any such interference for such a length of time as renders ..... he cannot be said to acquiesce in an act enforced by mere violence, or in an act which fear on his part hinders him from preventing, or in an act which he has no knowledge actual or constructive, or which he contests and endeavours to interrupt or which he sanctions only for temporarypurposes, or in return for ..... the claim under section 15 of the easements act, continuous user of 20 years as of right to do the act complained of in assertion of a title, peaceably and openly must be made out the only point the learned counsel for the appellants wants to emphasise is that the user, even if for the required period is proved, it is not a user as of right the enjoyment of the act complained of as of right contemplated by section 15 of the indian easements act is the same requirement of user necprecarion of ..... there is no evidence in thiscase that the user by the plaintiff of the disputed portion of the property was as of right section 15 of the easements act, deals with acquisition by prescription. ..... steggles (1879) 12 ch .....
Tag this Judgment!Court : Kerala
Reported in : 2010(2)KLT470
..... the learned public prosecutor that the post of 'assistant excise inspector' will come in between the posts of 'excise inspector' and 'preventive officer' and therefore, by virtue of their ranking itself, and especially, in the light of the notification s.r.o. ..... the conferring of powers and making of appointments : all notification and orders conferring powers, imposing duties and making appointments under this act may respectively refer to the persons concerned specially by name or in virtue of their office or to classes of officials generally by their official titles, and all ..... section 70 specifically says that 'all notification and orders conferring powers, imposing duties and making appointments under this act may respectively refer to the persons concerned specially by name or in virtue of their office or to classes of officials generally by their official titles, and all courts shall take ..... other materials referred to above would show that pw1 who was working as 'assistant excise inspector' was not a competent and authorised officer as contemplated by the provisions of the abkari act, especially, section 4(d) and section 70 of the act and therefore, the seizure and arrest made by pw1 was without authorization and jurisdiction.14. ..... evidence and materials on record, the trial court found that the accused is guilty of the offence under section 55(a) of the act and accordingly he is sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of rs. .....
Tag this Judgment!Court : Kerala
Reported in : 1994CriLJ162
..... the police officer and pointed out the place where the weapon which might have been used in the commission of the offence were found hidden would be admissible as conduct, under section 8 of the evidence act, irrespective of whether any statement by the accused contemporaneously with or antecedent to such conduct falls within the purview of section 27 of the evidence ..... state of punjab, air 1991 sc 318 : (1991 cri lj 402), there is nothing to prevent the appellate court in expressing its view on a correct appreciation of the evidence even though an adverse finding was made by the lower ..... though the confession of the accused is not admissible under section 27 of the evidence act the very conduct of the accused in leading the police to the said place and pointing out the place of concealment ..... 1989 the accused was found in suspicious circumstance by pw-16, inspector of police attached to the c2 elephant gate police station, madras. ..... it is true, for the purpose of the application of section 27 of the evidence act, it is not necessary that the person who received the information and the person who made the recovery should be ..... pw 16, inspector of police at c2 elephant gate police station, madras has sworn to the confession made by ..... pw-16, inspector of police at c2 elephant gate police station, tamil nadu, while was on his usual evening round found the accused in a suspicious circumstance at waltex road in front of lakshmi ..... of the c2 elephant gate police station under section 41(1)(a) of .....
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