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Muttathil Kuppu Amma

Court : Chennai

Reported in : AIR1944Mad108

..... paragraph 36 states, it has been agreed that in the event of any necessity to raise any new debts for tarwad necessity, all the male and female adult members of the three tavazhis should join together and borrow under a registered document and meet such necessity and that no debts can be raised in any other manner and if raised, shall not be binding on ..... for the time being till 1885-86, that the management was not found to be satisfactory, that a karar was executed in september-october 1885 with a view to promote the welfare of the members by all the adult male and female members and that by that karar the management of the affairs had been vested jointly in three members other than the karnavan. ..... as pointed out in one of the cases referred to if some of the adult members did not join and under the law then existing without the concurrence of all the adult members you cannot have a complete division, then there might be some occasion for the executants not to call it a " bhaga pathram" or a deed of partition but introduce a number of provisions which will have the effect of a ..... variar urges and i think with some force, that as all the adult members were joining in this document, there was no need to camouflage the real character of the ..... asks where is the tarwad and where are the tarwad properties on which alienations are declared to be not binding unless the debts were raised under registered instruments executed by all the adult male and female members of all the three tavazhis. 9. .....

S. Kamaraj, Vs. Government of Tamilnadu Rep. by Its Secretary Revenue ...

Court : Chennai

Reported in : AIR2002Mad311; [2002]108CompCas610(Mad)

..... after extracting the said provision, the bench has concluded,' as we would seen from the extract made above, there could be service by delivering a copy to the defaulter, or to some adult male member of his family at his usual place of abode, or to his authorised agent, or by affixing a copy thereof on some conspicuous part of his last known residence, or on some conspicuous part of the land about to be attached. ..... the later part of the section makes it clear that notice shall be served by delivering a copy to the encroacher or to some adult male member of his family at his usual place of abode, or to his authorised agent, or by affixing a copy thereof on some conspicuous part of his last known residence, or on some conspicuous part of the land about to be attached. ..... such demand shall be served by delivering a copy to the defaulter; or to some adult male member of his family at his usual place of abode, or to his authorised agent, or by affixing a copy thereof on some conspicuous part of his last known residence, or on some conspicuous part of the land about to be attached. '13. ..... in the counter affidavit or in the records there is no material to show that any attempt was made to serve notice on the adult male member of his family. .....

Vasantha R. Vs. Union of India (Uoi) and ors.

Court : Chennai

Reported in : (2001)IILLJ843Mad

..... considering the said provisionin the light of article 14 also, when there is nodifference with respect to the work or hours ofwork or work load between an adult male orfemale worker in a given factory in a givenperiod of time, there is no reason at all todiscriminate an adult woman worker as againstan adult male worker on the ground of sexalone ..... . all the provisions of the chapter vi except section 66 treats adult workers irrespective of their sex identically while section 66 alone treats women workers differently and deny them their opportunity of being employed or engaged or earning or engaged during night shifts which according to the petitioners is ..... . but on the other hand, any adult worker is allowed to work during the night shifts the same work which the women workers were required or allowed to work during the day shifts, namely, shifts 1 ..... . section 54 prescribes that subject to section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in ..... . section 52 provides that.no adult worker shall be required or allowed to work in a factory on the first day of the week which is subject to ..... . section 51 prescribes that no adult worker shall be required or allowed to work in factory for more than forty eight hours in ..... 62 provides for maintenance of a register of adult workers ..... back to the provisions of the factories act, 1948, in chapter vi, provisions have been made with respect to the regulation of working hours of adults .....

South Indian Lucifer Match Works Vs. Commissioner of Income-tax, Madra ...

Court : Chennai

Reported in : [1961]43ITR319(Mad)

..... we have indicated, this is in consonance with the partnership agreement and the corresponding entries in the accounts following the partnership.had it been a matter of only the father and his adult sons entering into a partnership of this description, the matter would have been simple, and no objection could have been raised by the department to the acceptance of the partnership as entitled ..... hindu father has the powers of making gifts, when in the making of these gifts he is obviously joined by the other adult members of the family, the validity of the gifts can hardly be brought into question. ..... latter point, we may mention that though the kartha may have only limited powers of making gifts, when in the making of these gifts he is obviously joined by the other adult members of the family, the validity of the gifts can hardly be brought into question. ..... , a deed of partnership was entered into, the parties thereto being ayya nadar, the father, graham durai, the adult son, rajathi ammal and bhanumati, the two married daughters of ayya nadar. ..... september, 1953, graham durai, the son, and vyraprakasam, another adult son, finally separated themselves from the family by executing deeds of ..... debited to the capital account of the hindu undivided family and transferred to the capital accounts of graham durai, one of the adult sons, and rajathi ammal and bhanumathim two daughters. ..... to the hindu undivided family was transferred to the capital account of the adult son and the two married daughters. .....

N. Gowthaman @ Babu Vs. The Government of Tamil Nadu, represented by i ...

Court : Chennai

..... as pointed out by the full bench, supra, an adult cannot, remain dormant and after missing the bus, be heard to complain later that he has been denied the benefits under the borstal schools act. ..... when it is peculiarly important to prevent habits of immorality and crime from being formed, and that it is undesirable from all points of view to familiarize adolescents with ordinary jail life and bring them into contact with adult prisoners. ..... if, in such an enquiry, whenever conducted, it is found that the person was a juvenile on the date of the commission of the offence, it is presumed that he would not have committed the offence with the same mens rea as that of an adult. .....

Krishna Vs. Subbanna

Court : Chennai

Reported in : (1883)ILR7Mad564

..... moreover, there the plaintiff had carried on a separate business, and was adult during the time for which he sought the account, and the court, in refusing the account, said that plaintiff might have obtained a partition many years ago, and if he ..... should express any opinion as to what the general rule may be which relieves the manager of any undivided hindu family from accounting for past transactions or past income at the instance of an adult member, whether living in commensality with the manager or not. ..... therefore, unless something is shown to the contrary, every adult member of an undivided joint family, living in commensality with the karta, must be taken, as between himself and the karta, to be a participator in, and authorizer of, all that is from time to time done in the ..... that was the case of a partition between adult members of an undivided family (two brothers) one of whom, the plaintiff, had, in consequence of quarrels, lived apart from his father deceased) ..... the principle of such rule as regards adult members living in commensality with the manager (excluding the consideration of fraud or misappropriation by the manager) is, ..... between the liability of the manager to account in the case of an infant and in the case of an adult, appears to be sound. ..... if an adult member is not excluded but chooses to live apart from the manager, then, as he did not choose to enforce partition, it may be very reasonable that, apart from the consideration of fraud or misappropriation .....

V.N.M. Arunachala Nadar Vs. the Commissioner of Excess Profits Tax

Court : Chennai

Reported in : (1957)2MLJ17

..... for purposes of that partition, the members of the family were treated as forming two groups; the four adult sons, though divided inter se, formed one group; arunachala and his undivided minor sons formed the other group. ..... we are not, however, concerned in this case with the legal possibility of arunachala and his undivided minor sons continuing as members of a hindu undivided family after 27th january, 1942, when four of his adult sons became divided in status from the rest of the family and also inter se. ..... arunachala's group took over the business at virudhunagar and at madurai; the divided adult sons took over the business at tuticorin and at bombay. ..... the assessee pleaded that because his adult sons had left him and because he was himself old, over 6o, he had to take in his former employees, ratnaswami and sadagopa pillai, as partners, to give them an incentive to improve the business. ..... it was a case of an adult coparcener exercising his right to become divided in status from the other members of his.family. ..... three of the adult sons, ayyamperumal, ratnasabapathi and dorairaj, commenced a separate business under the name and style of 'v.n.m.a. ..... the four adult sons of arunachala separated themselves from the family and they were also divided inter se. ..... all of them were adults in 1942. .....

V.N.M. Arunachala Nadar Vs. Commissioner of Excess Profits Tax, Madras

Court : Chennai

Reported in : AIR1957Mad458; [1957]32ITR222(Mad)

..... for purposes of that partition, the members of the family were treated as forming two groups; the four adult sons, though divided inter se, formed one group; arunachala and his undivided minor sons formed the other group. ..... we are not, however, concerned in this case with the legal possibility of arunachala and his undivided minor sons continuing as members of a hindu undivided family after 27th january, 1942, when four of his adult sons became divided in status from the rest of the family and also inter se. ..... arunachala's group took over the business at virudhunagar and at madurai; the divided adult sons took over the business at tuticorin and at bombay. ..... the assessee pleaded that because his adult sons had left him and because he was himself old, over 6o, he had to take in his former employees, ratnaswami and sadagopa pillai, as partners, to give them an incentive to improve the business. ..... it was a case of an adult coparcener exercising his right to become divided in status from the other members of his.family. ..... three of the adult sons, ayyamperumal, ratnasabapathi and dorairaj, commenced a separate business under the name and style of "v.n.m.a. ..... the four adult sons of arunachala separated themselves from the family and they were also divided inter se. ..... all of them were adults in 1942. .....

M. Ar. Rm. P.M. Chidambaram Chettiar and ors. Vs. the National City Ba ...

Court : Chennai

Reported in : 164Ind.Cas.806

..... further, all the proprietors of the said firm are minors and there is no adult proprietor and a decree obtained without any representation on behalf, of the minor proprietors is wholly void and it is a nullity.3. ..... beauchamp (1894) ac 607 : 63 ljqb 802 : 11 r 45 : 71 lt 587 : 43 wr 129 : 1 manson 467:the adult partner is, however, entitled to insist that the partnership assests shall be applied in payment of the liabilities of the partnership and that until these are provided for, no part of it shall be received by the infant partner.5. ..... prom this the necessary inference is, that there must be at least two adult partners who are capable of contracting before a minor , is entitled to the benefits of partnership. ..... ' under the section, the adult partners, by a contract between themselves, can agree to confer this benefit upon a minor ; in other words the relation of partnership is the result of contract and where any benefit is reserved to a minor, that arises not from a contract with the minor but between the adult partners. ..... the language of section 30 is perfectly clear and it expressly enacts that even where some benefit is reserved to a minor, he is not a partner, the only partners composing the firm being the adult members. .....

A.S. Periasamy Vs. State of Tamil Nadu Rep. by Its Secretary, Social W ...

Court : Chennai

Reported in : 2004(2)CTC406; (2004)1MLJ194

..... sub-section 3 which is relevant is extracted hereunder:'when such person cannot be found, the service may be made on any adult male member of his family residing with him; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous ..... there is nothing to indicate that any attempt was made to serve on any adult male member of the family and if there was no such adult male member, at least the notice should have been fixed on the outer door of the house or in some conspicuous place in the office of the concerned officer or the collectorate. 14. ..... an analysis of section 45(3) makes it clear that if the person to be served cannot be found, the service may be made on any adult male member of the family. ..... if no such adult male member can be found, the notice may be served by fixing a copy on the outer door of the house, in which, the person ordinarily resides or carries on business or by fixing a copy thereof in some conspicuous place in the office of .....