Court : Kerala
Decided on : Jul-27-2006
Reported in : II(2007)ACC120; 2007ACJ338; 2006(4)KarLJ63
..... the petrol tanker no. mkl 7461.in that case since negligence of the owner of motor vehicle was not proved, court awarded only compensation under section 92-a (equivalent to section 140 of present act). in this case taxi was driven by petitioner to workshop for repair and while repairing gas exploded due to pure accident. therefore, on the same ..... motor vehicle the taker had fallen on one of its sides on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that ..... the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment.37. was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and circumstances of the present case .....
Tag this Judgment!Court : Kerala
Decided on : Feb-15-2006
Reported in : 2006CriLJ2702
..... 3 from the witness box is totally different from that of the prosecution version. even though the accused were initially charged for offences punishable under sections 3 and 5 of the explosive sub-stances act, 1908 also, when the final report was filed those offences were deleted. none of the persons who have witnessed the occurrence has been ..... sitting in the veranda of the shop of p. v. kumaran and engaged in a conversation. when he was about to reach the jeep stand he heard an explosion from the jeep stand and a jeep suddenly starting and proceeding towards thuvakkunnu. he also saw tharassiyal suni, tharassiyal pradeepan, kacheri suni, echilat chalil manu, kuniyal thankan, ..... and 537 of the code of criminal procedure 1898, which correspond respectively to sections 464 and 465 of the code, and held that in judging a question of prejudice, as of guilt, courts must act with broad vision and look to the substance and not to technicalities, and their main concern should be to see whether the .....
Tag this Judgment!Court : Kerala
Decided on : Jan-15-2006
Reported in : 2006(3)KLT618
..... 3 from the, witness box is totally different from that of the prosecution version. even though the accused were initially charged for offences punishable under sections 3 & 5 of the explosive substances act, 1908 also, when the final report was filed those offences were deleted. none of the persons who have witnessed the occurrence has been questioned or ..... raised in the court below also. in state of andhra pradesh v. thakkidiram reddy and ors. : 1998crilj4035 , the apex court observed as follows:10. sub-section (1) of section 464 of the code of criminal procedure, 1973 ('code' for short) expressly provides that no finding, sentence or order by a court or competent jurisdiction shall be ..... and 537 of the code of criminal procedure, 1898, which correspond respectively to sections 464 and 465 of the code, and held that in judging a question of prejudice, as of guilt, courts must act with broad vision and look to the substance and not to technicalities, and their main concern should be to see .....
Tag this Judgment!Court : Kerala
Decided on : Aug-30-2006
Reported in : III(2007)BC262; 2006(4)KLT326
..... is set aside.c) the learned magistrate is directed to consider the application afresh after giving the petitioner and opportunity to file a proper application under section 5 of the limitation act and to file additional statements if necessary. needless to say, the 2nd respondent or anyone interested in resisting the petition shall also be permitted to ..... that the petitioner's right and title in the property attached have not been established.9. the first and the crucial question is whether section 5 of the limitation act is applicable to a petition under section 84(1) of the cr.p.c. reads as follows:if any claim is preferred to, or objection made to the attachment of ..... 3. to the skeletal facts first. a complaint was filed by the 2nd respondent herein against the 1st respondent alleging commission of an offence punishable under section 138 of the n.i. act. the complaint was filed in 1997. long later after completing all proceedings, the matter came up for judgment on 6.3.2000. from that date .....
Tag this Judgment!Court : Kerala
Decided on : Aug-08-2006
Reported in : II(2007)BC450; [2006]134CompCas370(Ker); 2006(4)KLT290
..... presume', 'shall presume' and 'conclusive proof. until and until disproved - that is the contrary is proved, whether we go by section 139 of the n.i. act or section 4 of the evidence act, the presumption will hold the fort.14. though theoretically the expression proved is the same in a civil case and in a criminal ..... and reasonably and not without diligence, indifferently unreasonably and irrationally. even today such a defence may not be impossible or impermissible in a prosecution under section 138 of the ni act. but the burden must rest squarely and heavily on the person who wants to attribute to himself such an irresponsible and indifferent conduct - that he ..... any. in short all materials which a criminal court may take into consideration while deciding whether the burden on the accused has been discharged under section 105 of the evidence act, can all be taken into reckoning to decide whether the burden has been discharged. with all these materials, the accused must establish that his .....
Tag this Judgment!Court : Kerala
Decided on : Sep-29-2006
Reported in : 2007CriLJ821; 2006(4)KLT945
..... against the first accused, who is the master of the vessel whereas the lakshadweep police have charged all the 33 of the crew for the offences under section 14 of the foreigners act and sections 28o and 336 of i.p.c. the master had put the vessel on an auto pilot mode and the crew on duty on the deck ..... part-ii of the merchant shipping (wreck and salvage) rules mention the duties of the receiver of the ship wrecked. as per the notification issued under section 391(1) of the merchant shipping act, the administrator of the lakshadweep island is the receiver of wrecked ship within the area surrounding the lakshadweep island. the merchant shipping (distressed seamen) rules, 1960 ..... waters by way of innocent passage; and immediately the matter was informed to the indian coast guard. the incident took place at 20.30 hours. under section 393 of the merchant shipping act and the u.n. convention on law of the sea, the seamen in distress is entitled to pass over to the adjoining land of any nation for .....
Tag this Judgment!Court : Kerala
Decided on : Aug-21-2006
Reported in : II(2007)ACC161; 2007ACJ501; 2006(4)KLT303
..... is deemed to result in permanent partial disablement, going by the entry at sl. no. 37 under part ii of schedule i of the w.c. act. clause (b) of section 142 provides that the destruction or permanent impairing of the power of any member or joint shall be a permanent disablement of the person. having suffered from ..... date of accident. the appeal is allowed to the above extent.since the appellant had not specifically put forward a contention before the commissioner, relying on section 140 of the m.v. act and because an order for interest is also granted, it is directed that the parties shall bear their respective costs. the insurer will satisfy this ..... in a lorry which met with an accident on 6-12-1998. he applied to the commissioner under the workmen's compensation act, 1923, hereinafter referred to as 'w.c. act' claiming compensation under section 22 of that act. the commissioner held that the applicant has 5% loss of earning capacity and passed the impugned order.2. that the accident .....
Tag this Judgment!Court : Kerala
Decided on : Oct-12-2006
Reported in : AIR2007Ker33; 2006(4)KLT695
..... engaged in providing telecommunication and related services to the general public. the ministry of communication, department of telecommunication, government of india under section 4 of the indian telegraph act, 1885 has awarded a licence to the petitioner to provide basic telephone services in kerala by virtue of which the petitioner can establish, ..... . petitioner has therefore necessarily to comply with those standards.7. the telecom regulatory authority of india act, 1997 has constituted the regulatory authority. section 11 of the act deals with powers and functions of the authority. section 12 confers power on the authority to call for information, conduct investigation etc. clause 9.1 ..... appearing for the panchayat submitted that if the petitioner is aggrieved, the remedy open to the petitioner is to file an appeal under section 276 of the panchayat raj act. we have no reason to think that the panchayat had not taken into consideration all aspects of the matter before granting licence. .....
Tag this Judgment!Court : Kerala
Decided on : Sep-27-2006
Reported in : 2006(4)KLT657
..... retired), engaged by the petitioner.4. we would deal with the second point first. in view of the provisions contained in section 12 of the act aforesaid, the government would, in respect of any municipality, after making such inquiry as they deem necessary, by notification in the official gazette, require the council, ..... came up for hearing along with other connected matters and the same was dismissed vide order dated 9.2.1996. in the meanwhile, the notification under section 4 of the act lapsed. the government, however, issued a fresh notification on 4.11.1998. aggrieved, the petitioner filed o.p.no. 10873 of 1999 reiterating the ..... scheme has been notified earmarking the area for residential purposes, to have change in the land use, consent from the government is required under sections 14 and 15 of the madras town planning act, 1920. the learned counsel also relied upon a certificate dated 21.8.2006 issued by r.dasanpotty, superintending engineer, p.w.d. ( .....
Tag this Judgment!Court : Kerala
Decided on : Jun-05-2006
Reported in : 2006(3)KLT173
..... i.r. registered by a non designated officer is not vitiated because of the fact that the investigation was conducted by a person not authorised by section 5(a) of the act. in shamboogiri's case (supra), the allegations of bribe was levelled against the person working-under sub divisional magistrate. the sub divisional magistrate with ..... the rule and the investigation by an officer of a lower rank is an exception.it has been ruled by this court in several decisions that section 5a of the act is mandatory and not directory and the investigation conducted in violation thereof bears the stamp of illegality but that illegality committed in the course of ..... accused by a non designated officer vitiates the whole investigation conducted by the competent officer and whether the same is liable to be quashed.10. section 17 of the pc act 1988 reads as follows:persons authorised to investigate-notwithstanding anything contained in the code of criminal procedure, 1973(2 of 1974) no police officer below .....
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