Array ( [0] => ..... after notice to the government header) sees no cause to direct such enquiry'.it follows that in several cases of applications for leave to appeal, there need not be any inquiry into the pauperism of the applicant. if no enquiry is to be held, no notice need be issued to the respondent before granting leave to appeal as pauper. if ..... to institute the suit in forma pauperis, for further leave to appeal as pauper, from the decree dismissing his suit. notice on this application was ordered by a learned judge of this court on 23-6-1959; and the respondent and the government pleader have entered appearance in response thereto. the question now is whether, at this stage, the ..... that the decree is contrary to law or to some usage having the force of law, or is otherwise erroneous or unjust.'the sub-rule (2) was newly introduced by act lxvi of 1956. formerly in its place there was a proviso which reads as follows : 'provided that the court shall reject the application unless, upon a perusal; thereof ..... [1] => ..... circumscribed by fundamental rules of the constitution. with respect, we feel the position would be different where the constitution itself had conferred those privileges, and the inquiry would then be^what the privileges of the commonsare, which have been conferred on our legislatures. the conferment is under article 194, which leads as fallows ..... of the speaker and the assembly. it was contended before the supreme court that the procedure was not strictly in accordance with law; but the learned judges, rejecting this contention, observed : 'there are two answers to the contention firstly, that according to the previous decision of this court, the petitioner has ..... constitution. therefore, we cannot interfere with the proceedings within the assembly, and courts have refrained from departing from the rule of non-interterence, even when act, or legislation about to be passed is averred to be void on grounds of its having contravened the constitutional provisions. 14. the petitioner's learned ..... [2] => ..... 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 ..... [3] => ..... 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 ..... [4] => ..... has the jurisdiction -- and we think that in doing so he has made a fair concession the order for recount should be passed not at the initial stages of the inquiry. the general practice, however, of directing such recount, is otherwise. in this connection, our attention has been drawn to the following passage in rogers on elections vol. ..... earlier, that has been allowed, as already stated, on september 19, 1960. that has resulted in the writ petition being filed in this court and the learned judge has declined to exercise his powers under article 226 at this stage.2. the appellant's learned counsel has taken us through the entire order, and has urged the ..... not only to invalidate the appellant's election under section 100, but to get himself declared as duly elected, under section 101, of the representation of the people act, 1951.that petition is being inquired into by the election tribunal, trichur, and the proceedings are still at the initial stages. earlier to the application, on which ..... [5] => ..... 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 ..... [6] => ..... about the customary kanam tenure in the malabar districts, were not unanimous. some of the reports of the collectors and other revenue officials, made as results of inquiries directed by the government from time to time for investigating into the nature of the tenures, thought it to be lease, while others found it to he ..... by the government to the high court for its opinion. sir charles turner the then chief justice, severely criticised the view of the committee, and the other judges of the high court agreed with him. the government appointed another committee, which was recommending a legislation for securing the tenants, on eviction, full value of the ..... s learned advocate, in support of the argument concerning section 9 of theproclamation and the regulations thereunder, being special provisions and not having been repealed by the act, has relied on the maxim generalia specialibus non derogant. the legal position is well summarised by maxwell on interpretation of statutes (10th edn., p. 177) ..... [7] => ..... 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 ..... [8] => ..... 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 ..... [9] => ..... 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 ..... [10] => ..... in civil proceedings, can best be. stated in the words of wiles, j., in cooper v. slade (1858) 6 ii. l. c, 74a that learned judge referred to an ancient authority in support of what he termed.the elementary proposition that in civil case the preponderance of probability may constitute sufficient ground for a verdict.applying ..... thoroughly disinterested witnesses who have no axe to grind against the: accused and they are persons who have no reason to (invent a false confession. the learned sessions (judge was therefore perfectly justified in accepting their testimony.29. in the case of pw. 16 it was further stated that he is a person in authority, but that ..... act or that he was doing what was i either wrong or contrary to law. it is not therefore every person mentally diseased who ipso facto is [exempted from criminal responsibility.35. this provision was examined in queen empress v- kadar nasyer shah ilr 23 cal 604, a wading case which has been repsatedly follow seel. the learned judges ..... [11] => ..... not one of sale, but of agency, and the transfer of property in the goods is not a sale within the meaning of the sale of goods act, 1930. the learned judges have further held that though the purchase of goods on behalf of the assessee's principal was a sale, the subsequent supply to the principal did not amount ..... in these circumstances, the real effect of the transactions was held to be sales within the meaning of section 2(g), explanation ii of the state act. we would respectfully disagree, should the learned judges be considered as having taken the view in the case that a person is not an agent, because at certain points in dealings with his principal, ..... to a sale by the assessee to the principal, as defined in the sale of goods act.14. the learned government pleader relies on ramachandra rathore v. commissioner ..... [12] => ..... , 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 ..... [13] => ..... 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 ..... [14] => ..... menon in o.p. no. 220 of 1956. that decision is in thomas v. travancore-cochin state 1957--ii l.l.j. 53. the learned judge observes at p. 54 as follows:the act does not appear to confer any power on the government to insist that an employer employing workers on time-rates should pay them on piece-rates. the ..... piece-rate basis.and i must declare the same to be ultra vires the powers of the government under the act.26. if i may say so with great respect, the learned judge emphasizes the position that the minimum wages act does not appear to confer any power on the government to insist that an employer employing workers on time-rates ..... learned chief justice and justice sri venkatarama ayyar. no doubt, if i may say so with great respect, the learned judges have very exhaustively considered the functions of the industrial tribunal under the provisions of the industrial disputes act. in my opinion, it is not necessary at all for me to consider the applicability or otherwise of the decision because ..... ) Judges Inquiry Act 1968 Section 5 Powers of Committee - Sortby Old - Court Kerala - Year 1960 - Page 3 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: old Court: kerala Year: 1960 Page 3 of about 35 results (0.238 seconds)

Sep 22 1960 (HC)

Krishna Bhatta Vs. Ananta Bhatta

Court : Kerala

Decided on : Sep-22-1960

Reported in : AIR1961Ker309

..... after notice to the government header) sees no cause to direct such enquiry'.it follows that in several cases of applications for leave to appeal, there need not be any inquiry into the pauperism of the applicant. if no enquiry is to be held, no notice need be issued to the respondent before granting leave to appeal as pauper. if ..... to institute the suit in forma pauperis, for further leave to appeal as pauper, from the decree dismissing his suit. notice on this application was ordered by a learned judge of this court on 23-6-1959; and the respondent and the government pleader have entered appearance in response thereto. the question now is whether, at this stage, the ..... that the decree is contrary to law or to some usage having the force of law, or is otherwise erroneous or unjust.'the sub-rule (2) was newly introduced by act lxvi of 1956. formerly in its place there was a proviso which reads as follows : 'provided that the court shall reject the application unless, upon a perusal; thereof .....

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Oct 07 1960 (HC)

K.P. Kochanujan Thirumulpad Vs. State of Kerala

Court : Kerala

Decided on : Oct-07-1960

Reported in : AIR1961Ker324

..... circumscribed by fundamental rules of the constitution. with respect, we feel the position would be different where the constitution itself had conferred those privileges, and the inquiry would then be^what the privileges of the commonsare, which have been conferred on our legislatures. the conferment is under article 194, which leads as fallows ..... of the speaker and the assembly. it was contended before the supreme court that the procedure was not strictly in accordance with law; but the learned judges, rejecting this contention, observed : 'there are two answers to the contention firstly, that according to the previous decision of this court, the petitioner has ..... constitution. therefore, we cannot interfere with the proceedings within the assembly, and courts have refrained from departing from the rule of non-interterence, even when act, or legislation about to be passed is averred to be void on grounds of its having contravened the constitutional provisions. 14. the petitioner's learned .....

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Oct 13 1960 (HC)

Raghava Menon Vs. Inspector General of Police, Kerala

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 .....

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Oct 14 1960 (HC)

Parukutty Vs. Province of Madras

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 .....

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Nov 02 1960 (HC)

C. Achutha Menon Vs. Election Tribunal, Trichur

Court : Kerala

Decided on : Nov-02-1960

Reported in : AIR1961Ker186

..... has the jurisdiction -- and we think that in doing so he has made a fair concession the order for recount should be passed not at the initial stages of the inquiry. the general practice, however, of directing such recount, is otherwise. in this connection, our attention has been drawn to the following passage in rogers on elections vol. ..... earlier, that has been allowed, as already stated, on september 19, 1960. that has resulted in the writ petition being filed in this court and the learned judge has declined to exercise his powers under article 226 at this stage.2. the appellant's learned counsel has taken us through the entire order, and has urged the ..... not only to invalidate the appellant's election under section 100, but to get himself declared as duly elected, under section 101, of the representation of the people act, 1951.that petition is being inquired into by the election tribunal, trichur, and the proceedings are still at the initial stages. earlier to the application, on which .....

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Nov 07 1960 (HC)

Kunhipennu Vs. Special Tahsildar

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 .....

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Nov 07 1960 (HC)

Kochunni Kartha and ors. Vs. State and ors.

Court : Kerala

Decided on : Nov-07-1960

Reported in : AIR1961Ker210

..... about the customary kanam tenure in the malabar districts, were not unanimous. some of the reports of the collectors and other revenue officials, made as results of inquiries directed by the government from time to time for investigating into the nature of the tenures, thought it to be lease, while others found it to he ..... by the government to the high court for its opinion. sir charles turner the then chief justice, severely criticised the view of the committee, and the other judges of the high court agreed with him. the government appointed another committee, which was recommending a legislation for securing the tenants, on eviction, full value of the ..... s learned advocate, in support of the argument concerning section 9 of theproclamation and the regulations thereunder, being special provisions and not having been repealed by the act, has relied on the maxim generalia specialibus non derogant. the legal position is well summarised by maxwell on interpretation of statutes (10th edn., p. 177) .....

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Nov 22 1960 (HC)

N. Vasudevan Nair Vs. Government of Kerala and anr.

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 .....

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Dec 23 1960 (HC)

CochIn Devaswom Board Vs. Akhileswara Iyer

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 .....

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Aug 08 1960 (HC)

Kokkalai Rice and Oil Mills Foundry, Etc. Vs. Regional Provident Fund ...

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 .....

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