INDIAN LAW REPORTS
KERALA SERIES
INDEX TO I.L.R. 2011 (3) Kerala – Part IV
NOMINAL INDEX
Page
Appu, T.
v. Divisional Manager,
National Insurance Co. Ltd.. . 267
Gopalakrishnan
v. Noorjahan
. . 309
Harikuttan Unnithan
v. Travancore Devaswom Board. . 301
Krishnakumar, G.
v. Union of India
. . 250
Mohammed Mamdouh Matwally Ghali v. Kerala Automobiles Ltd.
. . 283
Muraleedharan, N.T.
v. State of Kerala
. . 320
National Insurance Company Ltd.
v. Sindhu, P.T.
. . 277
Noushi Rafi
v. Director General of Police . . 245
INDEX TO JOURNALS, NOTIFICATIONS and SPEECHES
Notification
The Kerala Public Ways (Restriction of Assemblies and Processions)
Act, 2011
.. vii - x
INDEX TO ACTS AND RULES (Central & Kerala)
ACTS
Central
1860—Act 45 of 1860—Penal Code
Sections 408 and 420
1881—Act 26 of 1881—Negotiable Instrument Act
Section 138
1973—Act 2 of 1974—Code of Criminal Procedure
Section 46
1988—Act 59 of 1988—Motor Vehicles Act
Section 157
1989—Act 24 of 1989—Railways Act
Section 124 A
Section 125
Section 125(1)(a)
See
. . 320
See
. . 309
See
. . 245
See
. . 277
See
See
See
. . 250
. . 250
. . 250
2
1996—Act 26 of 1996—Arbitration and Conciliation Act
Section 34(2)(a) and (b)
Section 34(2)(b)(ii)
See
See
. . 283
. . 283
See
. . 301
See
. . 250
Kerala
1985—Act 12 of 1985—Mahatma Gandhi University Act
Section 59
RULES
Central
1989—Railway Claims Tribunal Procedure Rules
Rule 31(2)
SUBJECT INDEX
Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996)—Section 34(2)(a)
and (b)—The grounds under Section 34(2)(a) is to be established by the person
assailing the arbitral award—The burden to plead and prove is lesser when it
comes to Section 34(2)(b)—Purely technical pleas founded on the law of pleadings
and burden of proof cannot claim primacy when court considers the grounds
under Section 34(2)(b) to set aside an award.
Mohammed Mamdouh Matwally Ghali v. Kerala Automobiles Ltd. I.L.R.
2011 (3) Kerala .. 283
Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996)—Section 34(2)(b)(ii)
—Pleadings—The necessity of pleadings has to be understood realistically—The
insistence on the law of pleadings is not to mechanically repeat the words of the
statute.
Mohammed Mamdouh Matwally Ghali v. Kerala Automobiles Ltd. I.L.R. 2011 (3) Kerala . 283
Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996)—Section 34(2)(b)(ii)
—“In conflict with the public policy of India”—The declaration of law in ONGC
Ltd v. Saw Piper Ltd. has assigned a wider meaning for the expression “public
policy of India”.
Mohammed Mamdouh Matwally Ghali v. Kerala Automobiles Ltd. I.L.R. 2011 (3) Kerala .. 283
Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996)—When a person
enters into an agreement and signs the same, it must be assumed that such person
has entered into such agreement after necessary and full application of mind—The
attempt of a person to avoid inconvenient stipulation in an agreement containing
various stipulations must be viewed with requisite care and caution.
Mohammed Mamdouh Matwally Ghali v. Kerala Automobiles Ltd. I.L.R. 2011 (3) Kerala .. 283
Code of Criminal Procedure, 1973 (Central Act 2 of 1974)—Section 46—Manner of
making arrest—Police Officer from another State cannot take a person in Kerala
into custody, without informing the local Police—Such detenu shall not be taken to
a place outside the State before recording arrest and production before the local
Magistrate.
3
Noushi Rafi v. Director General of Police I.L.R. 2011 (3) Kerala
. . 245
Insurance—Fire policy—Forest fire cannot be excluded from the purview of fire policy
—The cause of fire can be disregarded unless it arises from an excepted peril or
the fire was lighted by the assured himself for the purpose of destroying the
insured property—It is not necessary that the fire should be purely accidental in
origin.
Appu T. v. Divisional Manager, National Insurance Co. Ltd. I.L.R. 2011 (3) Kerala
.. 267
Mahatma Gandhi University Act, 1985 (Kerala Act 12 of 1985)—Section 59—
Appointment of Principal—Post of Principal of College can be filled by promotion
only on the basis of seniority-cum-fitness.
Harikuttan Unnithan v. Travancore Devaswom Board I.L.R. 2011 (3) Kerala
..
.. 301
Motor Vehicles Act, 1988 (Central Act 59 of 1988)—Section 157—Transfer of motor
vehicles and insurance policy—The policy of insurance will stand transferred to
the name of the transferee with effect from the date of such transfer—Transfer of
insurance policy will take within its sweep all compulsorily insurable risks,
covered under the policy of insurance.
National Insurance Company Ltd. v. Sindhu, P.T. I.L.R. 2011 (3) Kerala
.. 277
Negotiable Instrument Act, 1881 (Central Act 26 of 1881)—Section 138—Proviso—
Clause ‘c’—Cause of action for a complaint would accrue on the failure of the
drawer to make payment within 15 days from the date of knowledge of the
complainant about the receipt of notice by the drawer/accused—Negotiable
Instrument Act, 1881 (Central Act 26 of 1881)—Section 142.
Gopalakrishnan v. Noorjahan I.L.R. 2011 (3) Kerala
. . 309
Penal Code, 1860 (Central Act 45 of 1860)—Sections 408 and 420—Non accounting or
improper accounting or wrong accounting even if is accepted, is a matter to be
ascertained by the civil court of competent jurisdiction, based on the documents
produced by the parties—It cannot amount to criminal breach of trust and
cheating.
Muraleedharan, N.T. v. State of Kerala I.L.R. 2011 (3) Kerala
. . 320
Railways Act, 1989 (Central Act 24 of 1989)—Section 124A—The right under Section
124A is heritable—Legal heirs of dependant/claimant can initiate or continue
proceedings for recovery of compensation.
Krishnakumar, G. v. Union of India I.L.R. 2011 (3) Kerala
. . 250
Railways Act, 1989 (Central Act 24 of 1989)—Section 125—Only a ‘dependant’ as
specified in Section 123 can prefer a claim for compensation to the Railway
Claims Tribunal in the event of death of passenger in railway accident or
untoward incident—A legal heir or legal representative who is not covered by
definition of dependant cannot approach the tribunal.
Krishnakumar, G. v. Union of India I.L.R. 2011 (3) Kerala
. . 250
4
Railways Act, 1989 (Central Act 24 of 1989)—Section 125 (1)(a)—Loss of property—
Legal heirs/representatives of a deceased passenger can claim compensation for
loss of property in railway accident or untoward incident.
Krishnakumar, G. v. Union of India I.L.R. 2011 (3) Kerala
. . 250
Railway Claims Tribunal Procedure Rules, 1989 (Central)—Rule 31 (2)—On the death
of the claimant/dependant/decree holder, the legal heir of the deceased can seek
execution of order of Railway Claims Tribunal—Code of Civil Procedure, 1973
(Central Act 5 of 1908)—Order 21 Rule 6.
Krishnakumar, G. v. Union of India I.L.R. 2011 (3) Kerala
****
. . 250