Court : Kerala
Decided on : Mar-06-1967
Reported in : (1967)IILLJ108Ker
..... part of standing order 8 (11) inevitably leads to the conclusion that if an employee is absent for eight consecutive days without leave, he is deemed to have terminated his contract of service and thus relinquished or abandoned his employment.the standing order here in question has also been issued under the provisions of the industrial employment (standing orders) act, 1946 ..... to terminate his contract of service. the certified standing orders represent the relevant terms and conditions of service in a statutory form and they are binding on the parties at least as such if ..... the parties in 1957. the relevant clause clearly means that if an employee falls within the mischief of its first part, it follows that the defaulting employee has terminated his contract of service. the first provision in clause (11) proceeds on the basis that absence for eight consecutive days without leave will lead to the inference that the absentee-workman intended ..... case provided that an employee who absents himself for eight consecutive working days without leave shall be deemed to have left company's service without notice there by terminating his contract of service. if he gives an explanation to the satisfaction of the management, the absence shall be converted into leave without pay or dearness allowance. dealing with the above standing .....Tag this Judgment!
Court : Kerala
Decided on : Jul-31-1967
Reported in : (1968)IILLJ233Ker
..... be an order or rule which is in force, not an order or rule that has been validly repealed. 16. it is sometimes said that the service rules embody the contract of service between a government servant and the government. that is only a convenient figure of speech employed when applying by analogy principles of the law of ..... the petitioner's claim were based on contract, his remedy would not lie in article 226 of the constitution. 17. the learned advocate general has pressed into a service article 310 of the constitution in support of his ..... contract. it does not mean that the rules derive their force from contract or that the mutual rights and obligations of the parties are founded on contract so that there cannot be a variation to the disadvantage of either party without his consent and, if .....Tag this Judgment!
Court : Kerala
Decided on : Nov-03-1967
Reported in : AIR1968Ker244; (1969)IILLJ475Ker
..... principal, and that an appointment by direct recruitment can be made only in consultation with the kerala public service commission unless it be an appointment on special contract for a period not exceeding five years, and made for the purpose of securing the services of a person having special qualifications. it is, therefore, contended ..... on behalf of the government puts the matter thus :--'to honour this commitment, government had appointed sri nambiar in one of the colleges as principal on contract basis without detriment to the interests of the officers in service by creating a new post of principal on rs. 800-1100. the first respondent had ..... the state that the rule contained in ext. p-3 applies only to an appointment made by promotion, that the first respondent's appointment was on contract basis and that to such an appointment ext. p-3 does not apply. it was also contended that the government has the right to appoint any ..... the first respondent was, therefore, appointed by the government to that post, by an order ext- p-2 dated 8-6-1967. this was also on contract basis; and ext. c-1 dated 12-6-1967 is a copy of the agreement executed between the respondents, and containing the terms and conditions of the ..... order of the government of kerala. ext. p-1 dated 10-1-1967, the first respondent was appointed as principal of the government college, calicut, on contract basis for a period of three years from the date of his joining duty. o. p. no. 1211 was filed on 24-4-1967 to quash the .....Tag this Judgment!
Court : Kerala
Decided on : Nov-21-1967
Reported in : 72ITR664(Ker)
..... the law is the soul of the law............and it often happens when you know the letter you know not the sense, for sometimes the sense is more confined and contracted than the letter, and sometimes it is more large and extensive.'59. the rule that the courts need search only for grammatical sense of the words was laid down by .....Tag this Judgment!
Court : Kerala
Decided on : Jul-13-1967
Reported in : 1968CriLJ561
..... -court. the most important point to be considered in respect of the transaction, is whether the alleged sale was complete or it was only in the stage of an executory contract.exhibit d.4 is the assignment deed executed by the company in favour of the corporation. under the terms and conditions set forth in ext. d.4 it is patent ..... contract intend it to be transferred. the intention of the parties as expressed in the contract or inferred from their conduct and other circumstances of the case baa to be considered. in the present cast it was the intention of ..... the machinery and the plant, to the vendee until the sanction was obtained from the corporation. under section 19 of the indian sale of goods act, where there is a contract for the specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the .....Tag this Judgment!
Court : Kerala
Decided on : Jan-28-1967
Reported in : AIR1967Ker216; 1967CriLJ1334
..... claim maintenance from the respondent, as she has been living separate from him by mutual consent, even before he began to keep a mistress or contracted the illegal marriage, cannot be sustained. in the result, the order of the courr below is set aside.17. the lower court has not ..... to the conclusion that a wife living separate from her husband is entitled to claim maintenance from her husband, on the ground that the husband has contracted marriage with another wife. in my opinion the view expressed by the high courts of mysore and bombay gives a correct interpretation of section 488 cr ..... has not otherwise neglected or refused to maintain her.' in a latter part of the judgment, the learned judge stated :'.... after having contracted second marriage, the husband can no longer, as a condition precedent to maintaining her, impose upon her an obligation that she should live with him'.there ..... in air 1953 nag 133 and air 1956 cal 134 and stated his conclusion as follows :'i think that the mere fact that the husband has contracted a second marriage or has kept a mistress, by itself, is not a valid ground for claiming maintenance, under section 488, if the husband ..... having once agreed to live separately, forfeited her claim for ever, and she cannot subsequently come forward and claim it on the ground that the husband contracted a second marriage or was 'keeping a mistress. the first contention has no substance. an admission that the husband has not been maintaining the wife .....Tag this Judgment!
Court : Kerala
Decided on : Nov-16-1967
Reported in : AIR1968Ker310
..... come to the counter claim. since we have already held that regarding the 250 bales of indian cotton the appellants have committed breach of the contract, no question of counter claim can arise regarding the said 250 bales. regarding the 106 bales of hubly jayadhar cotton, the respondent submitted the ..... member) made subject to these bye-laws or (b) the rights and/or responsibilities of commission agents, muccadums and brokers not parties to such contracts, shall be referred to tht arbitration of two disinterested persons one to be chosen by each party. the arbitrators shall have power to appoint ..... and sample and no1 merely by sample; and that the breach thereof was a breach of condition, which entitled the respondent to repudiate the contract.11. the next and the more important question is whether the suit should be dismissed on the ((round that the arbitration clause in the ..... jayadhar cotton or merely of indian cotton. the ultimate agreement that concluded the negotiations between the parties is ex. a-8 of 4th june 1956 (contract no. cct/124). the document in triplicate was sent to the respondent by a sippy of coimbatore. and the document mentioned only indian cotton ..... the 106 bales, the hubli jayadhar, submitting the dispute regarding their quality for arbitration by the east india cotton association, ltd., bombay, since the contract contained an arbitration clause. the association reduced the price slightly, since the quality of the said 106 bales did not come up to the sample. .....Tag this Judgment!
Court : Kerala
Decided on : Dec-11-1967
Reported in : (1969)ILLJ323Ker
..... had agreed to do the work for a fixed remuneration does not materially affect the legal position because it is in no way inconsistent with the contract being one for service. applying to the present case the principles laid down in university of london press, ltd. v. university tutorial press, ltd ..... size of the revised edition would not constitute the exercise of sufficient control over the execution of the work so as to spell out a contract of service. excepting for these instructions relating to the size of the revised edition and the period within which the work should be completed ..... matriculation examination for the purpose of setting the examination papers for september 1915 and january 1916 could be said to have been employed under a contract of service with the university. the examiners were not on the staff of the university. they were employed, for the particular examinations for which ..... services are rendered to a person in the way of business or to a parent 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 ..... . it is contended that this unnecessary discussion and the finding entered by the court below that defendant 1 company was not bound by the contract, have influenced to a large extent even its conclusion on the other material issues in the case and that this has seriously prejudiced the .....Tag this Judgment!
Court : Kerala
Decided on : Dec-01-1967
Reported in : AIR1968Ker315
..... the carrier is a vicarious liability for the negligence of his servant. therefore, the contention that the plaintiff's claim arises also under an implied contract cannot be sustained.20. in the result, this appeal must succeed, and the suit must be dismissed it is not clear why the plaintiff ..... , and in tort because no one has a right to detail another's property without some special justification. such concurrent liability in tort and contract is found in the case of bailees, carriers, and probably other persons recognised at common law as exercising a common calling and thereby owing ..... injury is caused.18. the learned counsel for the respondent finally contended that the defendant's liability to compensate the plaintiff arose also under contract; and that article 115 of the indian limitation act 1908 would apply to the case. the suit mentioned in this article is one:'for ..... right, article 36 does not apply, even though the suit may be one 'for compensation for any malfeasance, misfeasance or non-feasance independent of contract' as described in article 36. the contention on the other side was that the personal injury in this case was caused by rash and negligent ..... for compensation for any other injuryto the person. one year.when theinjury is committed. art. 66. forcompensation for any malfeasance or non-feasanceindependent of contract and not herein specially provided for. two years.when the malfeasance, misfeasance or non-feasance takes place.article 36 is a residuary article; and it .....Tag this Judgment!
Court : Kerala
Decided on : Aug-22-1967
Reported in : AIR1968Ker203
..... it was not immediately assumed by the done and thenceforward retained to the entire exelusion of the donor or of any benefit to him by contract or otherwise.the expression 'to the extent' introduced into the indian statute is a departure from the provisions in the british and australian acts. ..... second part of the section has two limbs: the deceased must be entirely excluded, (i) from the property, and (ii) from any benefit by contract or otherwise. in the context of the lection, the word 'otherwise' should, in our opinion, be construed ejusdem generis and it must be interpreted to ..... donee must have retained such possession and enjoyment of the property to the entire exclusion of the donor or of any benefit to him, by contract or otherwise. as a matter of construction we are of opinion that both these conditions are cumulative. unless each of those conditions is satisfied. the ..... been (henceforward retained by the donee to the entire exclusion of the donor from such possession and enjoyment, or of any benefit to him, by contract or otherwise'.the crux of the section lies in two parts: (1) the donee must bona fide have assumed possession and enjoyment of the property ..... immediately exclusive and bona fide possession and enjoyment of the subject-matter of the gift, and there is no beneficial interest reserved to the donor by contract or otherwise. the section must be grammatically construed as follows: 'property taken under any gift, whenever made, of which property bona fide possession .....Tag this Judgment!