Court : Kerala
Reported in : AIR1993Ker9; I(1994)DMC154
ORDERK. Sreedharan, J.1. Plaintiff, as petitioner, moved O.P. 5699/1988 for Letters of Administration with Will dated 18-7-1974, executed by deceased Smt. Martha David Tharakan attached to it. Legatees under the Will and all the legal heirs left behind by the deceased were made respondents 1 to 10 in that petition. When notice was issued to the respondents, 4th respondent, one of the daughters of the deceased, filed caveat opposing the grant of Letters of Administration. She also filed affidavit in support of her contentions. Since affidavit in support of the caveat has been filed and notice of the same was given to the petitioner in the Original Petition, the proceedings have been ordered to be numbered as a suit, as provided by Rule 26 of the Rules under the Indian Succession Act, 1925, Appendix-XII to the Civil Rules of Practice, Kerala. Petitioner in the Original Petition is the plaintiff and the 4th respondent, caveator, the defendant. 2. Material averments made by the plaintiff a...
Tag this Judgment!Court : Kerala
Reported in : 1993CriLJ760
..... the provisions contained in the code.9. the code prescribed four methods of taking cognizance of an offence. they are : -(a) upon a complaint(b) upon a report of a police officer(c) where the magistrate himself comes to know of the commission of offences through some other source, and(d) in the case of sessions court upon a commitment by ..... (2) of section 190 of the code can take cognizance of any offence upon receiving a complaint constituting such offence, upon a police report of such facts, and upon any information received from any persons other than the police officer or upon his own knowledge that such offence has been committed. but so far as the sessions court is concerned section 193 .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker131
Mohammed, J.1. What is before us is a theme of intense debate involving the use and occupation of forest lands and its inevi-table reaction to ecological balance and environmental outfit. This is brought to us by way of a 'public interest litigation' moved by a registered Society known as 'Nature Lovers Movement'.2. 'Love of nature' is not a modern phenomenon. It existed from the beginning of the humanity itself. 'Man is the measure oi all things.' so said Plato. Man loves nature and nature in turn nourishes him. Man serves society and society in turn preserves him. Nature and society are thus interdependent and the duty of man to them is inherent. These basic percepts envisage the protection of environment and preservation of humanity. But 'For the greenest of environmentalists, humans are oflesser importance than the abundant and diverse flora and fauna of the planet. Humans are defined as a recent addition to the livestock and are considered to have been a wholly disruptive influenc...
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)
ORDERV.K. Bali, C.J. and K.P. Padmanabhan Nair, J.1. I have gone through the illuminative concurring judgments of Abdul Gafoor and Balakrishnan Nair, JJ. as also the concurring judgments of Kurian Joseph and Padmanabhan Nair, JJ. expressing however, a different view than the one expressed by Abdul Gafoor and Balakrishnan Nair, JJ. The present may be one of the rarest of rare cases where every Honourable Member of the Bench has chosen to write, even though concurring with the other, his own judgment. May be that the Honourable Member of the Bench concurring with the other wished to express the same view point in his own way.2. I have given deep and anxious the (sic) to both the views and after considering and reconsidering the whole issue, I have come to the conclusion that the view expressed by Kurian Joseph and Padmanabhan Nair, JJ. appears to be correct. With respect, thus, I would differ with the view taken by Abdul Gafoor and Balakrishnan Nair, JJ. Tenant means any person by whom o...
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Reported in : 1994CriLJ3562
..... the futility of such attempts.11. medical evidence(1) the post-mortem examination of the body was conducted by dr. n. g. ravi, asst. professor and deputy police surgeon attached to the department of forensic medicine, medical college, calicut. he has been examined in this case as p.w. 19 and the postmortem certificate issued by him ..... did not know the appellant before the occurrence and no test identification parade was held to test his power of identification and he was also shown by the police before he identified the appellant in court.it cannot be said that the entire evidence of the witness in the absence of test identification parade is unreliable and ..... when they experienced a foul smell at the place of 36th k.m. stone on tellicherry-manantavady road. p.w. 1 immediately went to kelakam police station and gave a statement tp the police. p.w. 33 head constable recorded the statment and registered a crime describing 'unnatural death'. p.w. 35 circle inspector took up the investigation .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
..... vicinity and appurtenant buildings. the entire security department should be under the control of a person who should be ranked similar to the district superintendent of police. the qualifications, competency, emoluments, etc. should be on that scale. sufficient trained security staff should be posted inside the temple with strict instructions to ..... the matter needs a different look or perspective in the case of a public interest litigation. where the rights of innumerable persons have been infringed bordering on violation of fundamental rights -- here the right of denomination under article 226 of the constitution of india is involved -- the remedy by way ..... rajasekharan nair. the security of the temple requires revamping including the keeping of hundies and their structure; situation etc. the commissioner suggested that the police security staff should not be controlled by the committee and complaints against them should be heard by judicial authority. instead of television by closed circuit .....
Tag this Judgment!Court : Kerala
Reported in : 1994CriLJ162
..... arrest of the accused by pw 16 and that he translated into tamil what the accused said in malayalam. the recoveries were effected by pw 19, circle inspector of police, palakkad town police station. as noticed according to the prosecution mo. 26 sheath is that of mo. 27 knife sold by pw 10 to the accused at about 9 a.m. ..... decision in prakash chand v. state (delhi admn.), air 1979 sc 400 : (1979 cri lj 329) held that the evidence of the circumstance that the accused led to 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 ..... mortem certificate concerning gouri and ext.p 9 post-mortem certificate concerning the child.5. on 14-2-1989 at about 5 p.m. 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 bhavan lodge. he .....
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Reported in : AIR2000Ker417
..... this case under consideration, the order of reference of the learned single judge gave brief reasons. the order of the learned single judge is as follows : "petitioner police constable was convicted of an unnatural offence. the court of session acquitted him. no appeal was preferred. on the basis of the facts which formed the subject of ..... the ground of misconduct by a police constable are impugned in the petition. the grounds raised in the petition, inter alia, are that (i) having regard to the petitioner's acquittal in the criminal ..... rules, 1958. he had filed an appeal against the said order, which has been dismissed under the order ext. p9 dated 24th march. 1987 by the dig police. northern range, calicut. further appeal was dismissed on 20th january, 1989 by the state government under ext. p10. these three orders recording concurrent findings of fact on .....
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S. Siri Jagan, J. 1. The issues involved in these two writ petitions area as to whether, on a complaint received from an aggrieved person, the Board of Discipline and the Disciplinary Committee (the respective 3rd respondent in these two writ petitions), constituted by the Institute of Chartered Accountants of India, (the 1st respondent herein), under Sections 21A and 21B of the Chartered Accountants Act, 1949 (hereinafter referred to as the Act), can, without giving any reasons, decide not to initiate disciplinary action against two chartered accountants, especially when the Director (Discipline), the 2nd respondent herein, without giving any reasons in exercise of powers under Section 21 (2) of the Act, arrives at a prima facie opinion on the commission of misconduct by one of them, who are partners of a firm of chartered accountants, which firm was engaged for auditing the accounts of a company, in respect of which audit, the complaints were raised, while exercising statutory powers...
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..... was filed before the jfcm court at pathanamthitta for initiating proceedings to declare the petitioner as an absconder (ext. r4(7)). meanwhile, the superintendent of police, pathanamthitta, had maintained a continuous surveillance at his last known address for execution of the order, but he was never found visiting that address. letters ..... security. jose c. joseph, the brother of the petitioner appointed him there. 4. warrants against the petitioner were issued to the deputy superintendent of police, thiruvalla for execution and last request regarding the present status of the execution of the detention order from the directorate of revenue intelligence, kochi regional ..... cochin which is the sponsoring authority and also shri. t. asaf ali, learned director general of prosecutions, appearing for the 3rd respondent circle inspector of police, thiruvalla. 5. learned senior counsel for the petitioner would contend that though the detention order was not served and it is a case of pre-execution .....
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