Court : Kerala
Decided on : Aug-22-1967
Reported in : (1969)ILLJ336Ker
..... 226 should be presented. it was further stated that no hard and fast rule can be fixed in that regard and the matter should be left to a trying judge or a bench to accept the petition though presented beyond the period. such has been the trend of decisions of this court and the position has been reiterated in ..... will be a reasonable yardstick to measure the delay in writ applications and the application in that case having been made within the period of limitation prescribed by the limitation act, it was held that there was no delay in presenting the application. the suggestion put forward by counsel on behalf of the petitioners is that the petitioners were ..... which inhibits the levy or collection of tax except by the authority of law. the analogy of these decisions cannot be applied to cases where there have been completed acts by which a wrong has been perpetuated, whatever may be the consequences that may follow.21. counsel on behalf of the petitioner in original petition no. 2388 of .....
Tag this Judgment!Court : Kerala
Decided on : Dec-01-1967
Reported in : AIR1968Ker315
..... first defendant also denied the plaintiff's claim for all items of damages, and further contended that the suit was barred by limitation.3. the learned subordinate judge practically upheld all the contentions of the plaintiff. he held that the second defendant was an employee of the first defendant, that the accident took place due ..... context in which these two articles appear, the expression 'any other injury to the person obviously means any injury to the person other than death caused 'by wrongful act, neglect or default'. 'injury' according to black's law dictionary means 'any wrong or damage done to another -- to his person, rights, reputation or property'. ..... of the schedule against article 22, which reads:--'when the injury is committed'. it is stated in stroud's judicial dictionary that 'committed' will sometimes include an act or omission. chambers's twentieth century dictionary gives the meaning 'to become guilty of, perpetrate' for the word 'commit'. we do not find any warranty for .....
Tag this Judgment!Court : Kerala
Decided on : Dec-22-1967
Reported in : AIR1969Ker31
..... statutory provision contained in section 144 of the civil procedure code. there is no scope to bring into it conceptions of 'justice, equity and good conscience', which are bound to vary from judge to judge. section 144 civil p. c. provides as follows :--'144. (1) where and in so far as a decree is varied or reversed, the court of first instance shall, on ..... recover from them any interest. it is obvious that, if that is so, injury, and very grave injury, will be done to the petitioners. they will by reason of an act of the court have paid a sum which it is now ascertained was ordered to be paid by mistake and wrongfully. they will recover that sum after the lapse of ..... cannot absolve himself from the liability by simply saying that he has not realised the whole amount, and that he has filed a suit. he has to establish that he acted in the ordinary course of business in giving the lease, that he took all reasonable steps in recovering the whole rent, and that, in spite of such efforts, he .....
Tag this Judgment!Court : Kerala
Decided on : Jan-31-1967
Reported in : AIR1968Ker42; (1967)ILLJ766Ker
..... services of the state generally and as a whole, and not with reference to any particular service or category of officers, and that the backwardness has to be judged by reference to the adequacy of representation in the service under the state taken as a whole. a qualitative evaluation of inadequacy of representation might conceivably be made ..... survey as early as possible. there will be no justification in continuing to apply the principles embodied in rule 14 to 17 ofthe general rules after 31-3-1968 without at fresh survey and a fresh appraisal of the questions involved.24. before closing i must also deal with certain other contentions raised by counsel on behalf ..... that the governor has no power to pass rules retrospectively under theproviso to article 309 of the constitution. in any case, it is argued, the state government acting under rule 14 of the general rules is really only a delegate and can in no event pass a notification with retrospective effect. it is also contended that .....
Tag this Judgment!Court : Kerala
Decided on : Mar-06-1967
Reported in : (1967)IILLJ108Ker
..... work, and more than 500 workmen scheduled for work on subsequent days also abstained for work. it is the petitioners' case that pursuant to a letter dated 7 december 1968 (copy ex p. 2) from the chief labour commissioner (central), ministry of labour, to the general secretary, port, dock and water front, workers' federation of ..... governed by the provisions of the cochin dock works (regulation of employment) scheme, 1959, framed under the provisions of the dock workers (regulation of employment) act, 1948 (central act 9 of 1918). by an award in industrial dispute no. 3 of 1961, dated 18 october 1962, about 1,800 dock workers wore registered, according to ..... name has been removed in accordance with provisions of the scheme. clause 45 (2) provides for disciplinary proceedings against the registered dock workers who commit any act of indiscipline or misconduct. clause 47 provides that employment of a registered worker shall not be terminated except in accordance with the provisions of the scheme, .....
Tag this Judgment!Court : Kerala
Decided on : Mar-17-1967
Reported in : AIR1968Ker82
..... ker 358) alone takes the contrary view. 23 cochin 495 is nonetheless of persuasive authority for giving full credit to the very able judgment of the district judge and quoting in extenso therefrom, and the criticism levelled against the remaining decisions that they have slavishly followed the mitakshra law on the point seems to me ..... certain restrictions. such changes took place apparently as a result of the desire of the community to change joint ownership into individual ownership. the travancore and cochin acts now provide for devolution of the separate property of an individual including that of a female. this would devolve in the manner provided by statutes. it ..... partition, on the extinction of the nissanthathi kavaru, the property allotted to it reverts to the santhathi kavaru a -- see section 36 of the madras aliyasan-thana act. in marumakkattayam law, however, every unit formed on partition, whether a sterile unit or not, is given an absolute estate in the property allotted to it. .....
Tag this Judgment!Court : Kerala
Decided on : Jul-13-1967
Reported in : 1968CriLJ561
..... of the mens rea that would be implied in a statute creating on offence depends on the object of the act and the provisions thereof.the learned judges would observe that even if the legislation in question is one to eradicate the social evil, the foundation of ..... deceive or succeeded in deceiving anybodyand it was in support of this contention that air 1936 cal 680 was relied on. the learned judge after referring air 1986 cal 680, observed:in this state of the facts, the question we have to ask ourselves is, ..... (in?) a statutory offence like this, 'mens rea' is not a necessary ingredient to fasten guilt upon the accused. the learned judge held in that case that the expression 'wilfully' does embody the idea of a criminal mentality and that it meant only the spontaneous ..... 3.1963. the transaction was thus completed; but in the balance-sheet ext. p 2, publish-ed by them on 2.9.1968, the machinery in question was shown as an item of asset belonging to the company and its value was shown as rs. .....
Tag this Judgment!Court : Kerala
Decided on : Jul-31-1967
Reported in : (1968)IILLJ233Ker
..... government. 2. the petitioner in o. p. no. 2119 of 1967 was born on 6-4-1912. he is a permanent subordinate judge and an acting district judge and is at present additional district and sessions judge, quilon. under the original rule 60 he would have had to retire on 6-4-1967. under the amended rule, he need ..... it from condemnation. the legislature cannot violate the constitutional prohibitions by employing an indirect method.' and cooley on constitutional limitations, second edition page 257 under the heading, 'inquiry into legislative motives' may be quoted with profit: 'from what examination has been given to this subject. it appears that whether a statue is constitutional or not is ..... passed.' the above passage was quoted with approval, as laying down the correct legal position by a full bench of this court in 1967 ker lt 252: (air 1968 ker 17) (fb). in my view, the same principles apply whether the attack of mala fides is made against an exercise of legislative power, rule-making power .....
Tag this Judgment!Court : Kerala
Decided on : Aug-14-1967
Reported in : AIR1968Ker218; 1970CriLJ1701; (1968)ILLJ390Ker
..... sinha j. of the calcutta high court in kohinoor pictures (p) ltd. v. state of west bengal, 1961-2 lab lj 741 (cal). the learned judge expressed himself thus:'the learned advocate-general argued that all government servants not necessarily subservient. to say that all government servants are subservient would be fatuous. it is ..... it has been ruled recently by a division bench of this court in west coast employer's federation v. state of kerala, 1967 ker lt 614' (air 1968 ker 18) that the only relevant consideration for the fixing of minimum wages is theminimal requirements of the workers concerned, and that no other consideration such as capacity ..... then the report submitted by it would be a perfectly goodreport. 'quite apart from this, it is to benoted that a committee appointed undersection 5 of the act is only an advisorybody and that the government is notbound to accept any of its recommendations. consequently, procedural irregularities of this character could not vitiate thefinal report .....
Tag this Judgment!Court : Kerala
Decided on : Aug-17-1967
Reported in : AIR1968Ker234; (1968)IILLJ657Ker
..... and that their irregular earlier confirmation as second class magistrate while substantively holding a post on a higher scale of pay was of no consequence. the learned single judge found that the order confirming the petitioners therein as tahsildars was made only on 31-7-1954 although with effect from dates prior to 19-11-1953 and that ..... in those proceedings -- ext. p-8 is the counter-affidavit in o. p. no. 020 of 1962 --were sworn to by a subordinate who was probably acting under superior orders, we would have given very serious consideration to the question initiating proceedings with regard to it not that either lapse of time for respondent superior would ..... secretariat, a lien is defined in article 25 of the travancore service regulations as the right of an officer to resume, on return to duty, a substantive or acting appointment from which he is relieved. so, at best, the petitioner's lien, even assuming that his confirmation as a second class magistrate was wrong, could only .....
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