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 : Oct-28-1960
Reported in : 1961CriLJ98
..... or twice when he met them as to happened, but neither of them would give proper reply.5. on these facts, which he regarded as prov-ed.the learned sessions judge found all the three accused guilty under section 120b read with section 420 of the indian penal code, for this offence he imposed no separate; sentence, apparently in view ..... in the way of the accused proving, if they could, that there was no such '-likelihood.supposing the charge had said, copying the language of section 415, that the act which pws. 18 and 28 were induced to do was likely to cause them damage or harm in body, mind, reputation or property, that would have been a perfectly good ..... it should be, for, to be cheated just as much as to cheat, involves the exercise of mental faculties - the victim has to be deceived and thus induced to act - of which only a natural person is-capable. strictly speaking therefore an artificial person like a corporation cannot be cheated; it is always the human person through whom it functions .....
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 : Nov-14-1960
Reported in : AIR1961Ker188
..... assistants have to face. in our opinion, recount was validly claimed by mahajan at the appropriate stage and that it was wrongly disallowed.'therefore, the view of the learned judges in that case appears to be that in the case of a close fight, an order allowing a recount would be well within its jurisdiction.40. in this case ..... , the order for recount passed by the tribunal cannot be said to be without jurisdiction.48. in this view, i have not considered either the various sections of the act or the rules referred to by mr. eswara ayyar, learned counsel for the first respondent. therefore, for the reasons given above, this application must fail.49. but mr ..... order passed by the election tribunal and the decision on it was left over for hearing during the appeal under section 116-a of the representation of the people act, 1951.29. the learned chief justice in the decision referred to earlier, adverts to the observations of their lordships of the supreme court extracted above and observes:-'it .....
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