Court : Kerala
Decided on : Aug-16-1960
Reported in : 1962CriLJ135
..... 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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kerala
Decided on : Jul-18-1960
Reported in : AIR1961Ker318
..... only the direction that persons having hotel (restaurant) license for the year 1952-53 can be given the license, notwithstanding the earlier direction. the learned judge has accepted the interpretation, and has treated the rule as though it allowed grant of the license in favour of every licensed holder of the hotel ( ..... to them in what manner they are to decide.where, accordingly, a county court judge or a court of quarter sessions, or magistrates, or the railway and canal commissioners, or election commissioners appointed under the election commissioners act to inquire as to corrupt practices at parliamentary elections or income-tax commissioners, or any ..... government had cancelled two earlier notifications under section 10(1) of the industrial disputes act, 1947, later issued another under the same act, and the high court issued a writ of certiorari against the last notification. in this context, the learned judge has observed as follows:'it has, however, been held by this court ......... .....
Tag this Judgment!Court : Kerala
Decided on : Jul-12-1960
Reported in : AIR1962Ker30
..... the decision of rajagopala ayyaingar, j., in k. mohamed khassim v. municipal council, ootacamund, (s) air 1968 mad 181 where the learned judge struck down the provision in section 249 (3) of the madras district municipalities act, as conferring unguided and arbitrary discretion on the licensing authority. it does not appear, that any attempt was made ..... provision in section 376 (5) of the bombay provincial municipal corporations act (59 of 1949), which is on similar terms as section 261 (3) of the act, is valid. in doing so, the learned judge derived the rule of guidance from the preamble of the act, and from the provisions in chapter vi, which inter alia had ..... by the learned judge to discover, as in other cases cited, a principle or policy in the object, or preamble or the structure, .....
Tag this Judgment!Court : Kerala
Decided on : Jul-04-1960
Reported in : AIR1961Ker87
..... says that the trustee or any person interested in the trust may, within three months of the publication of the scheme, make an application to the district judge for varying, modifying or setting aside the scheme.'the learned advocate of the writ petitioner is apparently on stronger ground when he argues that in the absence of ..... was challenged, and the supreme court has rejected the complaint of the restriction under the enactment being not reasonable, because a right of an application to the district judge was conferred on the party aggrieved. in this connection, s. k, das, j., has at page 949, observed as follows:'even with regard to the settling ..... procedure relating to 'trial of suits. while, therefore, under the prior act the inquiry before the commissioner might well have been of the nature of an executive inquiry by an executive officer, the inquiry under the present act is by itself in the nature of a judicial inquiry by judicial officers followed up by a right of regular appeal to .....
Tag this Judgment!Court : Kerala
Decided on : Jun-24-1960
Reported in : AIR1961Ker124
..... that decision will not assist mr. velayudhan nair for invoking the principle of constructive or resulting trust on the basis of section 90 of the trusts act. therefore, the learned judge's view that the principles of constructive trust will not really apply is perfectly justified.8. so far as the next contention of mr. velayudhan ..... , namely, the devaswom as well as the defendants, laid claim, each urging in the circumstances their special claims to get a right from the government. the inquiry itself, as evidenced by ext- e, lasted nearly 20 years and several statements were taken from the parties as also reports called for from the various departments concerned ..... no further right to redeem.7. this contention raised on behalf of the defendants has substantially found favour with both the subordinate courts. the learned district judge has also adverted to the principle of resulting of constructive trust and found that there is no room for applying that doctrine because both the mortgagor and .....
Tag this Judgment!Court : Kerala
Decided on : Jun-22-1960
Reported in : AIR1960Ker392; 1960CriLJ1603
..... protection against 'compulsion to be a witness'; and (3) it is a protection against such compulsion resulting in his giving evidence 'against himself'. the learned judge further continues as follows;'broadly stated, the guarantee in article 20(3) isagainst 'testimonial compulsion'. it is suggested thatthis is confined to the oral evidence of a ..... accused willingly agreed to give the specimen, and that the complaint of the constitutional guarantee having been infringed, cannot therefore, be sustained. the additional sessions judge has, however, held that the specimen handwriting cannot be proved, for the admission of the specimen handwriting compelled from the accused, was prohibited by article 20 ..... affairs of the company from the point of view of the provisions of the companies act and for considering whether it was worked in the interest of the share holders, and, therefore, the scope and nature of the inquiry does not amount to investigation into an at-fair and as there is no accusation .....
Tag this Judgment!Court : Kerala
Decided on : Apr-05-1960
Reported in : AIR1960Ker378
..... , and i cannot agree that they apply, apart from cases of defect of jurisdiction, which for this purpose, have been considered to stand on a different footing. the learned judge relied on r. v. groom : ex parte, cobbold, l. r. (1901) 2 kb 157, where an applicant for a licence for the sale of intoxicating liquor ..... 319, was decided by the supreme court upon the provisions of the government of india ordinance xxvii of 1949, and afterwards replaced by the administration -of evacuee property act, 1950 and of rules thereunder, which conferred a right, on an informant touching the existence of evacuee property, to join issue with a claimant with respect to it ..... exhibition, in his theatre at cliovva, about four miles distant from umayal talkies; this was founded apparently on the provisions of section 5(1)(f) of the act. section 5(1) which enumerates the matters which the licensing authority may take into consideration in deciding to grant or to refuse a licence, may be quoted:section .....
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 .....
Tag this Judgment!Court : Kerala
Decided on : Mar-28-1960
Reported in : AIR1961Ker1; 1961CriLJ63
..... a clear classification between the two kinds of proceedings at the commitment stage based upon a very relevant consideration, namely, whether or not there has been a previous inquiry by a responsible public servant whose duty it is to discover crime and to bring criminals to speedy justice. this basis of classification is clearly connected with the ..... commission of the offence were not examined. in crl. ref. no. 13/58 also an identical recommendation has been made on the identical ground by the sessions judge at ernakulam in respect of the committal order which is the basis of sessions case no. 14/58 on the file of the ernakulam sessions court.the position is ..... sufficient grounds for committing the accused, he may pass an order to that effect; and otherwise he may discharge the accused. in either case, the magistrate will be acting strictly in accordance with, the provisions contained in clauses (4) to (7) and there will be no illegality in the order passed by him. the provisions contained .....
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