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 : 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 .....
Tag this Judgment!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 .....
Tag this Judgment!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) .....
Tag this Judgment!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 .....
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 : 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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
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 .....
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