Court : Kerala
Reported in : 1952CriLJ1095
..... by reason of intoxication, if a person is capable of knowing the nature of the ad done, at the time he was under the influence of the alcohol, his act is not considered to be an offence under the penal code (vide section 74 of the travancore penal code).so, what is necessary to be found out in this case is whether the accused was in the state of intoxication when he was said to ..... 1, who was the divisional inspector of fisheries and who had accompanied the accused to nagercoil, stated in his ..... the examination by the medical officer was perfunctory and it would be extremely dangerous to act on the findings from such examination to see whether a person committed an offence or ..... the accused was charged for an offence under section 9 of the travancore prohibition act, vii (7) of 1123, in that he was found in a state of intoxication in the public road, just in front of the state transport garrage at meenakshipuram in ..... was on his way to muttam, to conduct an enquiry into the official irregularities of the sub-inspector of fisheries there. ..... accused is the superintendent of fisheries. ..... intoxication or state of intoxication is not defined in the act and so, we have to look to its meaning through authorized english ..... proceedings were, therefore, vitiated by illegality; and the prosecution was unable to answer or justify the acts of its officers on the night in question. ..... his evidence could, therefore, be safely acted upon, particularly when it was seen that it was corroborated by the testimony .....
Tag this Judgment!Court : Kerala
Reported in : 1953CriLJ1
..... order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.section 6 provides as follows:(1) if any person who under this act is required to allow his measurements or photograph to be taken resists or refuses to allow the taking of the same, it shall be lawful to use all means necessary to secure the taking thereof. ..... the accused and does not prohibit a direction to make a thumb impression any more than it prohibits a direction to him to face a witness in order that he may be identified.section 73, evidence act, is quite general in its terms and applied to all cases and there is no exception in favour of an accused person. ..... in the statement of objects and reasons attached to the bill which eventually became the identification of prisoners act, xxxiii (33) of 1920 the necessity for the law relating to the identification of prisoners has been explained as follows:the object of the bill is to provide legal authority for the taking of ..... the calcutta high court had to consider the question of the applicability of section 73, evidence act, to accused persons and the view held was that the section did apply to such ..... that the question as to whether an accused person will come under the category of 'any person present in court' within the meaning of the second paragraph of section 73 of the indian evidence act in the circumstances of this case be referred for the opinion of a full bench of this court.4. .....
Tag this Judgment!Court : Kerala
Reported in : [1958]33ITR106(Ker)
..... learned counsel for the petitioner attacked exhibit f order on two grounds-firstly, that he had no jurisdiction under section 48 of the act (travancore) corresponding to section 35 of the indian act, to interfere in any manner with the order of the tribunal, however mistake it might be, and, secondly, that the order of the tribunal was intended to be in the nature of a rough and ready compromise as between the ..... contention, not untenable, that the income-tax officer had no power to recompute the income from the alleppey, kottayam and trivandrum branches in the light of the limitation contained in section 46 of the travancore act, corresponding to section 33a, but in contrast to section 33b of the indian act that the commissioners order in revision ought not to be prejudicial to the assessee. ..... a petition under article 226 of the constitution field by an assessee under the income-tax act and calling in question a rectification order passed by the respondent, income-tax officer, alleppy.2 ..... the petitioner was assessed for the year 1123 under the travancore act on 30th july, 1952, by the income-tax officer, by accepting the book version of the profits in the alleppey and trivandrum branches and adding ..... why the same principle should not apply as among the hierarchy of authorities under the income-tax act. ..... as regards the disallowance of the loss, before the appellate assistant commissioner, the petitioner took the matter before the commissioner under section 46(2) of the travancore act. .....
Tag this Judgment!Court : Kerala
Reported in : [1958]9STC780(Ker)
..... tax has been determined--and it cannot be determined unless the collector is satisfied with the return furnished by the dealer--the tax does not become payable nor is the liability to pay 'incurred' under the act....to read into the language of section 4 a past and defined liability would be an undue stretch of the language not justified by the context or the scheme of the taxing provisions.31. ..... ...these provisions indicate that the liability to pay does not arise until an assessment has been made according to the directions laid down in the act....the dealer is required to furnish a return, and if the collector is satisfied that the return furnished is correct and complete, he shall assess the amount of tax due from the dealer on the basis of such returns. ..... suppose a person, even before a notice is published in the papers under section 22 (1), or before he receives a notice under section 22 (2) of the income-tax act, gets a form of return from the income-tax office and submits his return, it will be futile to contend that the income-tax officer is not entitled to assess the party or that the party is not liable to ..... in view of the decisions of the supreme court about the effect of a repeal and the scope of the applicability of the general clauses act it is unnecessary for me to consider the two english cases cited by the government pleader namely, heston and isleworth urban council v. ..... grout [1897] 2 ch. d. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker120
..... which is section 117, and the said contention derived support from the fact that the word used was 'may' and not 'shall' in the corresponding provision in the representation of the people act, 1951, as it stood before the amendments effected by act 27 of 1956 'notwithstanding anything contained in section 85, the tribunal may dismiss an election petition which does not comply with the provisions of section 81, section 83 or section 117. ..... the election of a returned candidate should be declared to be void even if the corrupt practice was committed by a person 'other than that candidate or his election agent or a person acting with the consent of such candidate or election agent' provided :'(a) the corrupt practice was committed in the interests of the returned candidate; and (b) the result of the election, in so far as it concerns the returned ..... the question, therefore, is whether there was such a fatal defect in the original deposit as to attract the provisions of section 90(3) of the act that 'the tribunal shall dismiss an election petition which does not comply with the provisions of section 117, notwithstanding that it has not beep dismissed by the election ..... in order to have the election of the respondent declared to be void by the tribunal on the ground specified in section 100(1)(b) of the act -- the only ground invoked by the petitioner -- it must be established that the publication was by the respondent, his election agent or by any other person with his consent or that .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker332; (1959)IILLJ52Ker
..... under the award of the industrial tribunal, did not fall within the definition of wages in section 2(vi) of the payment of wages act and the over payment on that account did not therefore fall within the category of permissible adjustments of wages provided for in section 7(2)(f) of that act, and (iii) that the adjustment having been commenced for the first time on 27-10-1954 long after the relevant overpayments were made ..... (1) that the cancellation of the award in favour of one of the employees did not in any manner affect the award in favour of the remaining two and there was therefore no question of applying section 16 of the act 48 of 1950, and (2) the accused's offence was complete when he broke the award long before its modification, i.e. ..... stand far exceeded by the dearness allowance (admittedly wages) which had been overpaid as just found, so as in the result to leave no question under sections 15 and 16 of the act as here complained against.but as the question whether the compensation for unemployment for 17 davs under i. d. ..... to wages under section 2 (vi) and thus permitted an adjustment of over payment on that account under section 7 (2) (f) of the act, was fully discussed before me and is likely to arise again, i will deal with that aspect also.13. ..... the compensation for the 17 days of unemployment in question did not amount to wages under section 2(vi) of the act and the over-payment on that account could not be adjusted against wages under section 7 (2) (f) thereof. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker208; (1960)IILLJ103Ker
..... the rule applicable to factories working throughout the year cannot therefore be applied to this industry.ons reason which weighed with the tribunal was that it was possible to apply the provisions in the factories act to factories which generally do not provide work for more than 240 days in the year and that there was no justification for depriving the workers of earned holidays with wages merely on the ground that ..... every employer is thus bound to grant such leave with wages but there is no provision either in section 79 or any other section of the factories act which operates as a bar to the grant of leave with wages for workers in seasonal industries which from _ their nature cannot be carried on for 240 days in an year. ..... the finding of the tribunal is attacked on the ground that such being the provision in the factories act, the tribunal has no jurisdiction to impose a greater burden on the employers by directing that irrespective of the total number of days worked in an year, a worker should get one day s leave for every 20 days work. ..... the tribunal accepted the position that the work-men were not entitled to lay-off compensation under the act and observed in paragraph 43 of the award:'now i may state at the outset that it is not open to the federation to invoke the provisions of chapter v-a of the industrial disputes act, 1947 (relating to lay-off compensation) in support of the claim for compensation. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker158
..... on the point of law, the learned counsel contended that at the time when the appeal was being disposed of, cochin proclamation 18 of 1122 had ceased to be in force and the act then in existence was travan-core-cochin act 13 of 1955 and the learned judge erred in not acting in accordance with the principle that subsequent legislation coming into force pending a lis even in an appellate stage should be given effect in disposing of the appeal and the reliefs ..... or sites of other buildings appurtenant thereto, such other lands as are necessary for the convenient enjoyment of such residential building and the eascments attached thereto'.it will be seen that the definition of 'kudikidap- pukaran' in this act, does not give any indicationas to the person who should have granted the permission to have the use and occupation of the property for the purpose of erecting a homestead. ..... -dappukars are to have permanent right of occupancy in kudiyirippus and it states that subject to the pro-visions or this act every kudikidappukaran who is at the date of the commencement of this act in occupation of a kudiyirippu to which this act applies and who may thereafter be permitted by an owner or any other land-holder with the owner's consent to be in occupation of a kudiyirippu to which this act applies is to have permanent right of occupancy of such kudiyirippu and is not to be evicted except in accordance with the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker335; 1960CriLJ1455
..... reproduced in extenso :--'if any person knowingly, and with intent to defraud the government of any duty payable thereon, or to evade any prohibition or restriction for the time being in force under or by virtue of this act with respect thereto acquires possession of, or is in any way concerned in carrying, removing, depositing, harbouring, 'keeping, or concealing or in any manner dealing with any goods which have beenunlawfully removed from a warehouse or ..... in the international sense, it has long been recognised that for certain purposes, notably those of police, revenue, public health and fisheries, a state may enact laws affecting the seas surrounding its coasts to a distance seaward which exceeds the ordinary limits of its territory ..... waters, therefore, laws of the country, in whose territorial waters the right was being enjoyed, would be excluded from the ship, with the result that acts on board the ship would not contravene the territorial laws, and the ship's entrance into a harbour while continuing the voyage would also be covered by the right of innocent passage. ..... person is in relation to any goods in any way knowingly concerned in any fraudulent evasion or attempt at evasion of any duty chargeable thereon or of any such prohibition or restriction as aforesaid or of any provision of this act applicable to those goods; penalties : such person shall on conviction before a magistrate be liable to imprisonment for any term not exceeding two years or to fine or to both.' 7. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker25; 1961CriLJ80
..... the learned sessions judge of trivandrum found after trial that appendices v and vi of the memorandum and introduction to the plan budget are 'secret documents' coming within the meaning of the act and found that the second accused obtained possession of the same and gave it to the 1st accused, who in turn prepared the manuscript in his own hand-writing and printed and published ..... . their lordships held that: 'it is no doubt true that nowhere is the expression 'official secrets' defined, but looking to the purpose and scheme of the official secrets act, especially sections 3 - 10, which create offences against the government for publication of official secrets, they have all reference to secrets of one or the other department of the government or the state and not to any secrets ..... . regarding clause 4, the crown contended that the offence mentioned in that clause would be an offence under section 5, sub-section (1) of the official secrets act, the material portion of which is to the effect that if any person having in his possession or control any document or information obtained or to which he has had access owing to his position as a person who holds or ..... but the term 'official' by itself has obtained the meaning attached to it in the official secrets act, and in our opinion that is the sense in which it would be understood by readers of ..... /- as security under section 7(3) of the indian press (emergency powers) act, 1931, for having published an article in his news magazine dated .....
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