Court : Kerala
Decided on : Dec-23-1960
Reported in : AIR1961Ker282; (1961)IILLJ562Ker
..... not strictly applicable to departmental inquiries..... but he must not lower himself to the status of a common prosecutor, that is to say, of a person who feels it a part of his function to bring the guilt homo to the accused at any cost. he must act with the detachment of a judge, since he is professing to ..... exercise that dignified function.' the aforesaid observation was followed in dr. subba rao v. state of hyderabad, (s) air 1957; andh pra 414, where it was held that if is a fundamental principle of natural justice that the officer selected to make an inquiry against a ..... he ought not to take part in the decision or sit on the tribunal'; and that 'any direct pecuniary interest, however small, in the subject-matter of inquiry will disqualify a judge, and any interest, though not pecuniary, will have the same effect, if it be sufficiently substantial to create a reasonable suspicion of bias.' the said principles are .....
Tag this Judgment!Court : Kerala
Decided on : Feb-17-1960
Reported in : 1961CriLJ109
..... a court or a judge of the court into contempt, or to lower his authority, is a contempt of court. that is one class of contempt. further any ..... act done or writing published calculated to obstruct or interfere with the due course of justice or the lawful process of the courts is a contempt of ..... as against the public, not the judge, an obstruction to public justice; and a libel on a judge, in order to constitute a contempt of court, must have been calculated to cause such an obstruction. 7. in bex v. gray, 1900 - 2 qb 36, lord russell, the then lord chief justice of england says:any act done or writing published calculated to bring .....
Tag this Judgment!Court : Kerala
Decided on : Nov-07-1960
Reported in : AIR1962Ker25
..... the amount awarded by the collector under section 11.2. when the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the judge) to make such claim, the amount awarded by the court shall in no case exceed the amount awarded by the collector.3. when the applicant has omitted for a ..... of the court-fee due of her memorandum of appeal.2. the collector awarded a sum of rs. 5,523-7-4 and the statutory solatium thereon. the subordi-nate judge after discussing the facts and circumstances of the case said ;'i would, therefore, ind that the claimant has not established her right to any enhancement of the compensation awarded ..... the claim.3. the operative portion of the judgment is by no means artistic. but there is no doubt that what the judge intended to do was to pass an award under section 26 of the land acquisition act, 1894, for the same amount as was awarded by the collector.4. the appellant claims an enhancement of the compensation awarded by .....
Tag this Judgment!Court : Kerala
Decided on : Nov-22-1960
Reported in : AIR1962Ker43
..... contention raised in 1959 ker lt 961 : (air 1960 kerala 63) was repelled by the learned judge with the observation : 'apart from the fact that the former is a statute prescribing the procedure for public inquiries, many of the provisions of the act have become obsolete in view of the constitutional safeguards contained in article 311 of the constitution. the ..... taken in regard to him.' we are glad to express our approval of the above dictum in toto. further, adverting to the very similar provisions of the public servants (inquiries) act, central act 37 of 1850, our supreme court observed in s. a. venkataraman v. union, of india, air 1934 sc 375: 'as the law stands at present, the ..... only purpose for which an inquiry under act 37 of 1850 could bo made, is to help the government to come to a definite conclusion regarding the misbehaviour of a public servant and thus enable it to .....
Tag this Judgment!Court : Kerala
Decided on : Mar-28-1960
Reported in : AIR1961Ker226
..... of that court that the present second appeal has been filed on 5th february 1959 when the travancore-cochin high court act (act v of 1125, as amended by act i of 1952) was in force.under that act, a single judge of the high court had the power to hear only such of _ the second appeals as would come within the ..... category.naturally, therefore, the other second appeals which were beyond the aforesaid limitations had to be heard by a division bench consisting of two judges. by sub-section (2) of section 11 of the kerala civil courts act (act i of 1957), the pecuniary jurisdiction of munsiff's courts was raised and fixed at the limit of rs. 5,000. section 13 ..... . the different sections state how the powers of the high' court are to be exercised by a single judge, by division courts consisting of two judges and by full benches consisting of three or more judges.the procedure thus prescribed by the act cannot be said to prejudice the right of any litigant to have his appeal heard and disposed o by .....
Tag this Judgment!Court : Kerala
Decided on : Jul-04-1960
Reported in : AIR1961Ker87
..... says that the trustee or any person interested in the trust may, within three months of the publication of the scheme, make an application to the district judge for varying, modifying or setting aside the scheme.'the learned advocate of the writ petitioner is apparently on stronger ground when he argues that in the absence of ..... was challenged, and the supreme court has rejected the complaint of the restriction under the enactment being not reasonable, because a right of an application to the district judge was conferred on the party aggrieved. in this connection, s. k, das, j., has at page 949, observed as follows:'even with regard to the settling ..... procedure relating to 'trial of suits. while, therefore, under the prior act the inquiry before the commissioner might well have been of the nature of an executive inquiry by an executive officer, the inquiry under the present act is by itself in the nature of a judicial inquiry by judicial officers followed up by a right of regular appeal to .....
Tag this Judgment!Court : Kerala
Decided on : Jan-12-1960
Reported in : AIR1960Ker279; (1960)IILLJ398Ker; (1960)IILLJ398Ker
..... what after all is the purpose of holding an enquiry? in venkataraman v. union of india, air 1954 sc 375, speaking with reference to the public servants (inquiries) act, xxxvii of 1850, which in a sense may be deemed to be in pan materia with rules for taking disciplinary action, the supreme court considered the only purpose ..... reasonable opportunity that is posited, is of the civil servant to establish his innocence concerning the accusations on which he is sought to be punished, and must be judged with reference to himself and not others. this is not to ignore the responsibility of the punishing authority, for, it is far too elementary to state, that ..... the kerala rules, to be held on the complaint for 'indecent behaviour and misconduct' on his part, and committed the enquiry to the enquiry commissioner and special judge who may he referred to hereafter as the commissioner. upon the complaint, the commissioner framed a charge against the petitioner, the substance of which was, that after .....
Tag this Judgment!Court : Kerala
Decided on : Mar-28-1960
Reported in : AIR1961Ker1; 1961CriLJ63
..... a clear classification between the two kinds of proceedings at the commitment stage based upon a very relevant consideration, namely, whether or not there has been a previous inquiry by a responsible public servant whose duty it is to discover crime and to bring criminals to speedy justice. this basis of classification is clearly connected with the ..... commission of the offence were not examined. in crl. ref. no. 13/58 also an identical recommendation has been made on the identical ground by the sessions judge at ernakulam in respect of the committal order which is the basis of sessions case no. 14/58 on the file of the ernakulam sessions court.the position is ..... sufficient grounds for committing the accused, he may pass an order to that effect; and otherwise he may discharge the accused. in either case, the magistrate will be acting strictly in accordance with, the provisions contained in clauses (4) to (7) and there will be no illegality in the order passed by him. the provisions contained .....
Tag this Judgment!Court : Kerala
Decided on : Oct-13-1960
Reported in : AIR1961Ker299
..... would constitute error of jurisdiction.he has further relied on gullapalli nageshwara rao v. andhra pradesh state, air 1959 sc 308, where the majority of the learned judges have held that even administrative tribunals, when dealing with rights of a party, must hear, and that, if one person were to bear and another pass orders ..... or assistant superintendent alone, can under the rules governing the police force, inquire into complaints against the constables; and as the inquiry had been by a subordinate officer, the dismissing authority could not act on the records so prepared, that the dismissal would be on material got contrary to the aforesaid direction and this would ..... be after proper judicial enquiry in so far as the inspector general had not recorded the evidence, on which the appellant has been dismissed. the learned judge has dismissed the writ petition on the short ground of the appellant's having the alternative relief of appeal against the conclusions of the inspector general of .....
Tag this Judgment!Court : Kerala
Decided on : Mar-24-1960
Reported in : AIR1960Ker350
..... questions were raised:first, whether shri t. r. velunni, district magistrate at trichur at the relevant time, who was also the commissioner of inquiry under the commissions of inquiry act, 1952, referred to hereafter as the act, was competent to prefer the complaint and secondly, whether under the proviso (aa) to section 200, crl. p. c. his examination ..... a district magistrate he had any such duty to discharge. the contention of the learned government pleader was, that having been appointed as commissioner of inquiry under the act and having submitted his report to government, he could he authorised by government to prefer the complaint, and if so, it must be deemed, that he ..... assuming as commissioner of inquiry, he was a public servant, it was not part of his duty to prefer the complaint. i cannot also accept the view taken by the learned judge below, that by the mere order of government authorising the complainant to prefer the complaint, he could be deemed to be acting in the discharge of .....
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