Court : Kerala
Decided on : Mar-14-1960
Reported in : AIR1961Ker23
..... applicant theatre on grounds of consistency. jenks, l. j., observed that the committee wrongly pursued consistency at the expense of the merits of individual cases. the learned judge at p. 368 observes:- 'i cannot think that the method of approachfulfils the requirement that the matter should be heard and determined according to law. it seems to ..... the learned advocate of the writ petitioner has relied on the observation of bose, j., in commissioner of police v. gordhandas, air 1952 sc 16 where the learned judge at p. 21 interprets the words 'any law' in section 45 in these words: 'in our opinion, the words 'any law' are wide enough to embrace ..... case the administrative direction creates a duty that is to be observed and which would be enforced by the proper courts under section 45 of the specific relief act. the position cannot be different under article 226 of the constitution for rules regarding mandamus under section 45 should be generally followed for mandamus under the article. .....
Tag this Judgment!Court : Kerala
Decided on : Mar-15-1960
Reported in : AIR1961Ker36; [1960]11STC747(Ker)
..... contain any such inhibition. on the other hand, there are provisions in part xii of the constitution, which clearly recognise the existence of such powers'.the same learned judge later observed :'but a right to carry on business is a fundamental right protected by the constitution, and it stands to reason that a tax on such a ..... be so burdensome to the business or trade as to render the carrying it on not worthwhile. if the sales tax act is valid notwithstanding its economic effect, it is because tax-laws are not to be judged by the standard of reasonableness set out in article 19(6)'.9. this being the position, the objections concerning the ..... , which authorised collection of tax from vehicles using the public roads in the state. the learned judges held that as no trade or commerce was sought to be taxed the act was valid. they further held that no question of the act imposing any reasonable restrictions on the freedom of trade, commerce or intercourse arose, and therefore proviso .....
Tag this Judgment!Court : Kerala
Decided on : Apr-05-1960
Reported in : AIR1960Ker378
..... , and i cannot agree that they apply, apart from cases of defect of jurisdiction, which for this purpose, have been considered to stand on a different footing. the learned judge relied on r. v. groom : ex parte, cobbold, l. r. (1901) 2 kb 157, where an applicant for a licence for the sale of intoxicating liquor ..... 319, was decided by the supreme court upon the provisions of the government of india ordinance xxvii of 1949, and afterwards replaced by the administration -of evacuee property act, 1950 and of rules thereunder, which conferred a right, on an informant touching the existence of evacuee property, to join issue with a claimant with respect to it ..... exhibition, in his theatre at cliovva, about four miles distant from umayal talkies; this was founded apparently on the provisions of section 5(1)(f) of the act. section 5(1) which enumerates the matters which the licensing authority may take into consideration in deciding to grant or to refuse a licence, may be quoted:section .....
Tag this Judgment!Court : Kerala
Decided on : Jun-24-1960
Reported in : AIR1961Ker124
..... that decision will not assist mr. velayudhan nair for invoking the principle of constructive or resulting trust on the basis of section 90 of the trusts act. therefore, the learned judge's view that the principles of constructive trust will not really apply is perfectly justified.8. so far as the next contention of mr. velayudhan ..... , namely, the devaswom as well as the defendants, laid claim, each urging in the circumstances their special claims to get a right from the government. the inquiry itself, as evidenced by ext- e, lasted nearly 20 years and several statements were taken from the parties as also reports called for from the various departments concerned ..... no further right to redeem.7. this contention raised on behalf of the defendants has substantially found favour with both the subordinate courts. the learned district judge has also adverted to the principle of resulting of constructive trust and found that there is no room for applying that doctrine because both the mortgagor and .....
Tag this Judgment!Court : Kerala
Decided on : Oct-14-1960
Reported in : AIR1962Ker93
..... he was born on a certain date if the date is material, requires proof; the onus is on the person making the assertion. now, in conducting any inquiry, the determining tribunal, be it judge or jury, will often find that the onus is sometimes on the side of one contending party, sometimes on the side of the other, or as it is ..... v. raman unni, air 1918 mad. 675, seshagiri aiyar j. said: 'the position of a sthani approximates more to that of an owner of an importable estate before the act than to that of a widow.' according to bashyam ayyangar j. in vidyapurna tirtha swami v. vidyanidhi tirtha swami, ilr 27 mad 435 the sthanis of malabar fall under the ..... thames insurance co., (1878) 3 qbd 594 : 47 ljqb 749). these two aspects of the burden of proof are embodied in sections 101 and 102 respectively of the indian evidence act section 101 states: 'whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those .....
Tag this Judgment!Court : Kerala
Decided on : Jul-18-1960
Reported in : AIR1961Ker318
..... only the direction that persons having hotel (restaurant) license for the year 1952-53 can be given the license, notwithstanding the earlier direction. the learned judge has accepted the interpretation, and has treated the rule as though it allowed grant of the license in favour of every licensed holder of the hotel ( ..... to them in what manner they are to decide.where, accordingly, a county court judge or a court of quarter sessions, or magistrates, or the railway and canal commissioners, or election commissioners appointed under the election commissioners act to inquire as to corrupt practices at parliamentary elections or income-tax commissioners, or any ..... government had cancelled two earlier notifications under section 10(1) of the industrial disputes act, 1947, later issued another under the same act, and the high court issued a writ of certiorari against the last notification. in this context, the learned judge has observed as follows:'it has, however, been held by this court ......... .....
Tag this Judgment!Court : Kerala
Decided on : Sep-14-1960
Reported in : AIR1961Ker197; (1961)ILLJ256Ker
..... , as well as the reasons or basis thereof, upon all the material issues of law or facts presented on the record.also section 12 of the english tribunals and inquiries act, 1958, requires reasons for such a decision as is mentioned in paragraph (a) or (b) of sub-section (1) of the section, whether given in pursuance ..... order would not be fatal to its legality, nor the error can be made a ground for invoking this court's powers under article 226. the learned judge hearing the writ petition, considered the question of petitioner's being a member of the public services to be of sufficient importance and has referred the case to ..... departmental branch post master at erumapramattom, erattupetta, meenachil taluk. by the order of the inspector of post offices, kottayam, he was temporarily removed from the service, pending inquiry into the failure to credit in the accounts the value of v. p. articles, and criminal prosecution was also launched against him in connection with the aforesaid failures to .....
Tag this Judgment!Court : Kerala
Decided on : Jul-12-1960
Reported in : AIR1962Ker30
..... the decision of rajagopala ayyaingar, j., in k. mohamed khassim v. municipal council, ootacamund, (s) air 1968 mad 181 where the learned judge struck down the provision in section 249 (3) of the madras district municipalities act, as conferring unguided and arbitrary discretion on the licensing authority. it does not appear, that any attempt was made ..... provision in section 376 (5) of the bombay provincial municipal corporations act (59 of 1949), which is on similar terms as section 261 (3) of the act, is valid. in doing so, the learned judge derived the rule of guidance from the preamble of the act, and from the provisions in chapter vi, which inter alia had ..... by the learned judge to discover, as in other cases cited, a principle or policy in the object, or preamble or the structure, .....
Tag this Judgment!Court : Kerala
Decided on : Aug-08-1960
Reported in : AIR1961Ker57; (1960)IILLJ528Ker; (1960)IILLJ528Ker
..... department or the factory in which that particular industry is carried on less than fifty persons are working''clearly shows that the above-said construction was adopted by that learned judge also. on the other hand, in nagpur glass works ltd. v. r. p. f. commissioner, (s) air 1957 bom 152, paragraph 12, mudholkar and tambe ..... not engagedin a scheduled industry. in such a case, accordingto the above reasoning, even if fifty or more workersare engaged in the scheduled but accessory industry,the act will not apply. according to me no question of such distinction arises in the present caseand therefore i would refrain from expressing anyopinion on that question. in ..... funds scheme cannot come into force; and in the absence of beneficiaries (employees) to avail of the fund, for whom alone st was intended by the act, no purpose will be served by collecting contributions from the employer.we are not accepting this contention either. if the appellant had been prejudiced by the proceedings which .....
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!