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 : Feb-02-1960
Reported in : AIR1961Ker117
..... that tribunal itself or he satisfies the court that he was unaware of the circumstances which will put him on an inquiry as to the lack of jurisdiction of the subordinate tribunal.'the learned judge on the facts of that case found that there was no total lack of jurisdiction and that it was only a case ..... he bases his objection. that rule is established on good grounds. it applies equally whether the objection is on grounds which make the act of the justices voidable or void.' the learned judge also observed :'in my view the writ is discretionary. a party may by his conduct preclude himself from claiming the writ ex debito justitiae ..... 226 of the constitution and related to the constitution, of the appellate authority to hear appeals against the orders of a regional transport authority under the motor vehicles act.there were certain defects in the constitution of the tribunal. but no objections to such constitution were taken before the tribunal itself. when the question of jurisdiction .....
Tag this Judgment!Court : Kerala
Decided on : Feb-11-1960
Reported in : AIR1960Ker258; 1960CriLJ1088
..... as a result of the stab injury sustained by him.4. the next question is whether the injury was inflicted by the accused. the learned judge has in para 5 of the judgment stated that the act of stabbing is not disputed by the accused. as stated earlier, the accused has not admitted that he stabbed and inflicted the injury. we ..... of going about with the penknife or that he had come armed with a penknife on that day to take revenge on raveendran as the learned sessions judge seems to think. the learned judge has observed in para 5 of his judgment that:'he first threw the stick at raveendran. the fact that he had run a little distance from the ..... evidence in the case and the circumstances and probabilities, we are not prepared to agree with the learned sessions judge that the attack by the accused was either 'intentional or retaliatory in nature.' it cannot, therefore, be said that the act of the accused amounts to an offence and we find that he is completely protected by the right of private .....
Tag this Judgment!Court : Kerala
Decided on : Feb-15-1960
Reported in : AIR1960Ker359
..... ). in support of this argument reliance is placed on the division bench ruling in p. satyanarayana v. the state of andhra pradesh, air 1959 andh pra 429 and the single judge ruling in thomas v. state transport authority, 1960 ker lt 108: air 1960 kerala 111. 4. the condition that can be attached to a permit under clause (iv) of ..... regionaltransport authority. the delegation made to the secretary under rule 144 of the travancore-cochin motor vehicles rules framed in 1952 at a time when, under the provisions of the act as it then stood, this power of regulating timings was governed by section 48 (c)and the time table was not a condition of the permit, cannot operate with regard ..... no jurisdiction to alter the approved time table since, under the provisions of clauses (iii) and (iv) of sub-section (3) of section 48 of the motor vehicles act as amended by act c of 1956, the time table is one of the conditions of the permit which under clauses 20 and 21 of the same sub-section, can be varied only .....
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 : Mar-07-1960
Reported in : AIR1960Ker301
..... at his residence. subsequently the charge sheet was filed and after committal by the sub-divisional magistrate's court. alleppey the case came up before the learned sessions judge, alleppey.3. the accused gave a statement, ext. p-14, before the committal court, substantially admittingthe prosecution case. however, his case in the statement was ..... on their testimony. there is no bar legally to accept even the uncorroborated testimony of a child witness and only prudence requires that the court should not act on the uncorroborated evidence of a child.in the present case these witnesses, as will be clear hereafter, are fully corroborated by other eyewitnesses. the other ..... his questioning the witnesses and his satisfaction regarding the competency of the witnesses.we would at this stage observe that it is very desirable that a trial judge should preserve on record, apart from the evidence of the child witness in the case, the questions he put to the witness in the preliminary examination .....
Tag this Judgment!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 : 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 .....
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 .....
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