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 : 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 : 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-11-1967
Reported in : (1969)ILLJ323Ker
..... in respect of his children. this interpretation of the expression ' contract of service ' has been applied by the courts in england in construing the identical words occurring in the copyright act, 1911. see university of london press, ltd. v. university tutorial press, ltd. (1916) 2 chancery 601,10. in the case last mentioned, (1916) 2 chancery 601, a ..... 1 to 3 in this appeal.3. the plaintiff's case is that on 7 january 1955 an agreement was entered into between himself and defendant 1 company acting through defendant 2 where under the plaintiff was entrusted with the work of rewriting haran's bnglish-malayalam dictionary for the purpose of publishing a revised second edition of ..... by the lower court is based on a passage appearing at p. 102 of oopinger on copyright which has been extracted in the judgment of the learned district judge. in the said passage the learned author had only stated the legal position which originally obtained in england prior to the enactment of the copyright .....
Tag this Judgment!Court : Kerala
Decided on : Nov-21-1967
Reported in : [1969]72ITR664(Ker)
..... property among its members. if a claim is raised at the time of making an assessment that a partition has been effected, the income-tax officer must make an inquiry after notice to all the members of the family and make an order that the family property has been partitioned in definite portions, if he is satisfied in that behalf ..... words as they stand and which confines the process of interpretation to the determination of the grammatical or literal meaning of the text must necessarily restrict the opportunity of the judge to apply the theory underlying the rules in heydon's case, the notion that the function of the court is simply to construe the words as they stand, together ..... of the commonwealth. (4) the true reason of the remedy.' 57. the theory that the aim of the judges should always be to ' add force and life to the cure and remedy according to the true intent of the makers of the act' was fully accepted by the older writers. blackstone (6 black-stone 1 comm. 61) said that:' the most .....
Tag this Judgment!Court : Kerala
Decided on : Sep-05-1967
Reported in : (1968)IILLJ225Ker
..... court also observed (at p. 651):.the settlement having thus become binding and in many cases having already come into operation, there is no scope for any inquiry by the government as to the bona fides of the settlement. in such a case. in view of the possibility of conflict between the settlement in view ..... remaining two unions and ignoring the efforts of the conciliation officers for settlement of all disputes.13. in the result, i dismiss original petition no. 4377 of 1968 also. the petitioner will pay the costs of respondent 5, the indian aluminium company office staff association; who is the main contesting party in this case. counsel ..... their behalf is not also legally sustainable, irrespective of the fact whether ex. p 1 is a bipartite settlement or conciliation settlement. section 2(k) of the act defines ' industrial dispute.' and it reads as follows:'industrial dispute' means any dispute or difference between employers and employers or between employers and workmen or between workmen .....
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 .....
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 : 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 : 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. .....
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