Court : Kerala
Reported in : AIR1960Ker176
..... it'. (halsbury's laws of england, 2nd edition, vol. 29, page 62).7. section 15 corresponds to section 13 of the (english) sale of goods act, 1893. the meaning of the expression 'contract for the sale of goods by description' occurring in section 13 came up for consideration in varley v. whipp, (1900) 1 qb 513. channell, j., said that ..... ., held that the words as to the percentages were words of description, under section 13 of the (english) sale of goods act, 1893, that the sale was, therefore, a sale by description and that there was an implied condition that the goods must comply with the description.11. in the light of what is stated above this appeal has to be dismissed ..... of fact exceeded twenty pet cent is not in dispute before us.3. section 12 of the indian sale of goods act, 1930, deals with conditions and warranties as follows :'1. a stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or warranty.2. a condition is a stipulation .....
Tag this Judgment!Court : Kerala
Reported in : 1951CriLJ1075
..... accused pleaded not guilty to the charge. the trial ct. relied upon the provisions of rule 283 of the rules made under the travancore motor vehicles act, 1117 according to which the driver of a 'goods vehicle cannot be called upon to stop by a police constable. it is only a police officer not below the rank of a head constable that ..... can stop & inspect the goods in the vehicle. because the complainant whose signal to atop was not obeyed by the accused was below the rank of a head constable, the lower ct. held that ..... correct, the charge against the accused was not for failing to stop the vehicle to enable the complainant to inspect the goods in the vehicle. as already stated, the charge was under section 83 (1)(a) of the travancore motor vehicles act.1/1117. according to that sectionthe driver of a motor vehicle shall cause the vehicle to stop & remain stationaryso .....
Tag this Judgment!Court : Kerala
Reported in : 1952CriLJ766
..... by the learned counsel appearing in this case as a gentleman's agreement from which we infer that it is an agreement that is binding only on gentlemen. indulging in sales in the black market by persons who do not fall under this category cannot be prevented. there is no legal sanction for enforcing that agreement and the mere fact that ..... the swadesi piecegoods shop in trichur. he was also a share-holder in the mills. there is no doubt he had abundant funds at his disposal. until february 1948 sale of cotton textiles was controlled by an order of the government and during that period he was getting an allotment of 40 bales of cloth per month. he got this ..... the previous month of april when the prices were 20 to 25 per cent, lower than the prices prevailing in the market for goods manufactured in the month of may, then he has committed criminal breach of trust because he has acted in violation of the direction prescribing the method in which the trust is to be discharged by him. any subsequent .....
Tag this Judgment!Court : Kerala
Reported in : 1952CriLJ1380
..... transfers the property in the goods to the buyer for a price. in this case there was delivery of the article to p.w. 1 for a price paid by him. therefore the ..... 13 are 'purchase' and 'sale'. there is nothing in section 17 to indicate that the word 'purchaser' used in that section is limited to the case of a purchaser under a voluntary sale. the delivering of an article for price even when the seller is compelled to deliver the same is sale. under the sale of goods act a sale of goods takes place when the seller ..... transaction is nothing but a sale, and p.w. 1 is a purchaser coming within the purview of .....
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ274
..... to the effect that:(3) no law made by the legislature of a state imposing, or authorising the imposition of, a tax on the sale or purchase of any such goods as have been declared by parliament by law to be essential for the life of the community shall have effect unless it has been reserved for ..... important of which had relation to the question as to whether a school, apart from the buildings, equipments and accessories, would be property within the meaning of act 5 of 1950 which could be requisitioned, whether the provision contained in section 5 authorising the executive to frame rules for fixing the compensation would amount to unauthorised ..... the said proceedings of the 2nd respondent dated 29-2-1952, no. ed. 11-375/ehl and the notification issued under section 15, travancore-cochin public safety measures act (authorising the 1st respondent to take steps for requisitioning the s. k. v. english high school, pirappancode with the buildings, premises, furniture etc.) and published in .....
Tag this Judgment!Court : Kerala
Reported in : 1953CriLJ1334
..... been influenced against the prosecution and that they were not willing witnesses. he concluded from this, however, that anything that they had stated against the appellants was worth a good deal more than it would have been if they had been friendly to the prosecution. we do not consider this a correct or fair approach. once a witness has ..... learned sessions judge reached the conclusion on the evidence and circumstances of the case that accused 1 was not present in the shop at the time of the alleged sale of sugar and that the evidence of the aforesaid four witnesses to the effect that he was present cannot be believed and acquitted accused 1. as regards accused 2 ..... courts below; (3) that there is no evidence on which the conviction could be based and that whatever evidence is given by the first and third witnesses cannot be acted upon in the absence of corroboration as the witnesses are accomplices; and (4) that there is no law whose violation entails a penalty as the law that is alleged .....
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ63
..... the revision petitioner will determine the fate of both the revision petitions and accordingly they are disposed of by this common order.3. section 3 of the public safety measures act, act 5 of 1950, is impugned as being void because its enactment was not in conformity with the procedure prescribed by clause (b) of article 304 of the constitution. ..... such discriminatory measure if it. is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of india.then comes article 304 defining the power of the legislature of a state to enact laws regulating trade, commerce and intercourse. ..... takes in 'trade and commerce within the state subject to the provisions of entry 33 in list iii', while item 27 takes in 'production, supply and distribution of goods subject to the provisions of entry 33 of list iii'. list iii is the concurrent list and item 33 of that list takes intrade and commerce in, and the .....
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ1138
..... accused. it was ruled in that case that section 413 is the appropriate section governing the period of limitation for such a prosecution. the same position holds good in the present case also and it has to be held that the question of limitation raised by the revision petitioner has to be determined with reference to ..... to the kottayam municipality, the said prosecution was launched against him by the municipality under clause 2 of rule 3 of schedule ii of the travancore district municipalities act (act xxiii of 1118). the majority of the magistrates who took part in the proceedings held that the prosecution had succeeded in establishing a case against the accused ..... any offence at all. that section prescribes three remedies for recovery of the amount due from an individual to the municipality. one such remedy is the distraint and sale, in a summary manner, of the movable properties of the defaulter. the second remedy is to institute a regular suit for recovery of the defaulted amount. the .....
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ669
..... .it follows that we cannot but endorse the conclusion reached in - 'air 1954 trav-c 34 (a):the result is that section 3 of the public safety measures act 1950 (act v of 1950) has to be declared illegal and void.and discharge accused nos. 1 to 6 under section 253 (2) of the code of criminal procedure, 1898 ..... and intercourse enshrined in article 301 is not a freedom of trade 'among the states' as in sections 51(1) and 92 of the commonwealth of australian constitution act but 'throughout the territory of india'. the question as to whether the operation of article 304 should be confined as contended by mr. shenoi on behalf of the state ..... 301 or article 303, the legislature of a state may by law-(a) impose on goods imported from other states any tax to which similar goods manufactured or produced in that state are, subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and(b) impose such reasonable restrictions on the freedom of trade, .....
Tag this Judgment!Court : Kerala
Reported in : 1955CriLJ310
..... in paragraph 2 of the judgment under appeal.the 1st accused in this case along with others was charged by the trivandrum cantonment police for having manufactured a good number of counterfeit 100 rupees currency notes and for using them as genuine. exhibit is the copy of the charge-sheet in that case. a-2 ..... for the benefit of the particular accused person concerned and not for the common benefit of all. unless the various entrustments or sales set out in the charge were unified as being overt acts done in pursuance of a conspiracy it is impossible to treat them as forming part of the same transaction - 'babulal chaukhani v. emperor ..... misappropriation and another. each. act of misappropriation was a completed act in itself and the original design to make money was accomplished so far as the particular sum of money was concerned, when the misappropriation took place. this also holds good with reference to the several charges of cheating though the falsification of accounts may have .....
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