Judgment Search Results Home > Cases Phrase: appointment in exercise of a power Court: chennai Page 8 of about 10,113 results (0.046 seconds)

N. Rajammal (Died) and Another Vs. P. Maragathammal and 28 Others

Court : Chennai

Reported in : 1998(1)CTC314; (1998)IMLJ184

..... of the foregoing, includes-(a) the creation of a trust in property;(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;(c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour ofany person other than the donee of the power partnership or interest in property;(d) any transaction entered into by any person with intent thereby to diminish directly 'or indirectly the value of his ..... act says that on the publication of the notification under sub-section (1), the land specified in the notification together with the trees standing on such land and buildings, machinery, plant, apparatus, wells, filter points or power lines constructed, erected or fixed on such land and used for agricultural purposes shall, subject to the provisions of the act, he deemed to have been acquired by the government for a public purpose and vested in ..... reading of these two sub-sections makes it clear that as between the transferor and transferee, the transaction is kept intact, and in the option to be exercised by the transferor, the land which he has transferred or parted with, will be allowed to be trained, so that the transferee may not be affected. ..... the making of the act.2nd what was the mischief and defect for which the common law did not provide.3rd, what remedy the parliament hath resolved and appointed to cure the disease of the common wealth, and4th. .....

Gogineni Ankayya Vs. Official Receiver, Masulipatam and ors.

Court : Chennai

Reported in : AIR1937Mad589

..... respondent 1 was appointed interim receiver and by the power of appointment he was ordered to exercise all the powers of an owner under order 40, rule 1 (d), ..... tanjore air 1926 mad 432:an interim receiver has under section 20 only the powers of a receiver appointed under the civil procedure code, and he is not clothed even with those powers till he takes possession of the debtor's properties. ..... sankara iyer air 1926 mad 357 where the learned judge was inclined to the view that if an interim receiver appointed under section 20, provincial insolvency act, is expressly empowered by court to take action under order 21, rule 89, ..... hand, it seems to indicate that on a direction being given by the court empowering him to take immediate possession he gets clothed with all the powers that are necessary to enable him to get such possession and one of the powers contemplated under order 40, rule 1(d) is realization of the property which would also inlude reduction of the property into his possession. ..... two questions have been argued in this revision petition: (1) whether an interim receiver appointed under section 20, provincial insolvency act, is entitled to set aside a sale of immoveable property in execution of a decree ..... sale, at the instance of some creditors, an application was made to the insolvency court to adjudge hanumantha rao as insolvent and an application was also made in the said insolvency application for the appointment of an interim receiver of the property of the insolvent. .....

Palaniyandi Malavarayan Vs. Vadamalai Oodayan and ors.

Court : Chennai

Reported in : 18Ind.Cas.373

..... would apply to the omission of a person having the right to appoint to exercise that power. ..... the legislature apparently considered it undesirable that the omission on the part of the public or the advocate-general to take steps to get a trustee appointed should make possible for a person in possession of the office without a title to acquire the office by virtue of has occupation in the absence of any one entitled to claim ..... committee chooses to remain idle for 60 years during which a person claims the office and performs the duties of trustee, he could be deprived of that office by a suit brought by a person within six years of his appointment as trustee by the committee, though it may be 65 years after the defendant had taken wrongful possession of the office.10. ..... not be said to claim it through the members of the committee in whom the right of appointment of trustee was vested as the members of the committee were not themselves the trustees of the temple ..... are that the temple is one subject to the jurisdiction of the temple committee in whom the right to appoint the trustee is vested under the provisions of act xx of 1863; that trustees were appointed by the committee in 1868; that the survivor of them died in 1883, and that for a period of 24 years, until 1907, no one was appointed as trustee by the committee who appointed the plaintiff in 1907. ..... not, whether the 3rd defendant's right to claim the office is barred, but whether the collector had no power to make the appointment.'7. .....

Trichinopoly City Co-operative Bank Ltd. Vs. Additional Commissioner f ...

Court : Chennai

Reported in : (1957)ILLJ642Mad

..... 130:in the case before us, the settlement officer had jurisdiction when he was appointed to exercise his power to reduce the rent of the disputed tenancy which at that time fell within the class of areas held by sonthar ..... of establishments or person or class of persons from all or any of the provisions of this act subject to such conditions as the state government deem fit.the notification issued toy the government on 29 august 1953 ran:in exercise of the powers conferred by section 6 of the madras shops and establishments act, 1947 (act xxxvi of 1947), the governor of madras hereby exempts for a period of one year from the date of publication of this notification all societies ..... learned judges held that the settlement officer had lost his jurisdiction to exercise the statutory power conferred upon him to determine the reduced rent payable on the holding. ..... counsel for the respondents urged that it was a vested right to appeal under section 41(2) that had accrued and was exercised by the second respondent in this case before the exemption granted under section 6 of the act came into play. ..... in that cage the settlement officer had the statutory jurisdiction when he was appointed to determine and reduce the rent payable by a tenant when the land was held by a ..... the additional commissioner lost his jurisdiction and could no longer exercise the power conferred upon him. ..... the settlement officer lost his jurisdiction over the area and could no longer exercise the power conferred on him. .....

S. Ramaswamy Naidu and ors. Vs. Commissioner, Hindu Religious and Char ...

Court : Chennai

Reported in : (1974)2MLJ133

..... presume that the user by the public was as of right, unless there are circumstances clearly suggesting that the user must have been permissive or that the authorities in charge of the temple have exercised such arbitrary power of exclusion that it can only be ascribed to the private character of the institution.with respect, adopting the language of the learned judges of the supreme court we do find in the instant ..... and more the trustees have been appointed by the religious endowments board in exercise of the powers under act xxii of 1959. ..... they admit that in 1940 the madras hindu religious endowments board attempted to interfere with the administration of the temple by appointing trustees thereto and by consent the offer of the then trustees of the temple to have such election of trustees periodically once in ..... but in 1960 when attempts were made by the department to appoint an executive officer, the plaintiffs and defendants 2 to 4 filed an application under the provisions of madras act xxii of 1959 for a declaration that the temple is not a religious ..... case that the public have been visiting the temple and performing poojas therein and there are no circumstances suggesting that the user was permissive or that the authorities in charge of the administration of the temple ever exercised .....

Chinniah thevar Vs. F.M. Badsha

Court : Chennai

Reported in : (1948)1MLJ314

..... ' in exercise of this power the provincial government have appointed the district judges in some places and subordinate judges in other places as ' appellate autho-rities'. ..... he came to the conclusion that the language of section 12 makes it clear that a district judge or subordinate judge notified as the appellate autho-rity is appointed as a persona designata and not as a court, and i am in complete agreement with that conclusion.3. ..... had the subordinate judge been appointed in the act as the appellate authority the position might well have been different; for then there would have been an indication of intention on the part of the legislature to give jurisdiction in such matters to an existing court. ..... again it is noteworthy that the act empowers the provincial government to confer the power of appellate authorities ' on such officers and authorities as they think fit. ..... george gazette, confer on such officers and authorities as they think fit, the powers of appellate authorities for the purposes of this act.... ..... any officer or authority could be appointed. ..... in the tanjore district the subordinate judge has been so appointed.2. .....

Appusamy Vs. A.V. Sundararajan and ors.

Court : Chennai

Reported in : (1997)1MLJ218

..... . authorities, law presumes that he was appointed by the authorities in exercise of their powers under the act and that it is a 'public temple' ..... managed by the 24 manai telugu chettiar community of amarakundhi village, omalur taluk, salem district, and to restrain the defendants and their men from interfering with the management of the suit temple by the community either by appointing trustee or any other manner by means of a permanent injunction, and also award costs.4. ..... . at the time when he was appointed, plaintiff's father did not object that he cannot be so appointed in view of section 107 of that act ..... the third suit filed by the appellant herein was to declare his right in the appointment of poojari to the temple. ..... . on 30.6.1965, plaintiffs' father was admittedly appointed as 'dharmakartha' by the h.r ..... act have appointed plaintiff and his father as 'dharmakarthas' of the suit temple, and that too for certain periods,'and the authorities under the act were managing the affairs. ..... . subsequent to the death of the plaintiff's father, plaintiff was also appointed under ex ..... . once he is appointed by the h.r ..... the question raised was, whether the community has got the power to excommunicate any person for enforcing religious discipline. ..... it further found that the festivals were also being conducted under the auspices of the plaintiff and the committee members appointed by him. .....

Somarajan and ors. Vs. Management of A.R.C. Engineering Works, Ambattu ...

Court : Chennai

Reported in : (1981)IILLJ25Mad

..... exercise of the power to appoint or dismiss an officer is exercise not of judicial power but of an administrative power ..... course of adjudication proceedings, the tribunal is satisfied that the order of discharge or dismissal was not justified, clearly indicates that the tribunal is now clothed with the power to reappraise the evidence in the domestic enquiry and satisfy itself whether the said evidence relied on by an employer established the misconduct alleged against a workman. ..... of disciplinary proceeding and the punishment to be imposed were all considered to be a managerial function with which the tribunal had no power to interfere unless the finding was perverse or the punishment was so harsh as to lend to an inference of victimisation or unfair ..... it is well recognised that a statutory functionary exercising such a power cannot be said to have deleted his functions merely be deputing a responsible and competent official to ..... the management failed to issue a second show-cause notice as contemplated under rule 17(4)(c), the labour court had the power to decide the issue on merits on the basis of the evidence recorded in his domestic enquiry under s. ..... made it clear specifically that what cannot be delegated - except where law specifically so provides - is the ultimate responsibility for the exercise of such power. 8. ..... delegated except where the law specifically so provides is the ultimate responsibility for the exercise of such power. ..... mode of exercise of any administrative power. .....

The Commissioner of Gift Tax, Madras Vs. P. Rangasami Naidu

Court : Chennai

Reported in : AIR1970Mad441; [1970]76ITR315(Mad)

..... the generality of the' foregoing, includes--(a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easements, licence, power, partnership or interest in property; (c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power, and (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property ..... , (1898) ilr 20 all 267 (pc) the privy council considered the relevant texts of hindu law and reconciling apparently conflicting texts, concluded that a father being a member of an undivided family subject to the mitakshara can exercise full power of disposition at his own discretion over immoveables which he has himself acquired as distinguished from ancestral property, and observed that old texts of hindu law and commentaries are apt to mingle religious and moral considerations ..... at his pleasure and without reference to his son if the father abandons or determines once for all not to exercise his independent power over the property, the son's interest therein becomes real and full-fledged coparcenary right. ..... first, the change in the character of the property is brought about wholly by the intention of the owner, and, as it will be seen presently, merely by self abnegation on the part of the owner not to exercise his special powers over the property. .....

Naib-subedar Sethurathinam Vs. Union of India Represented by Its Secre ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... a co-accused put up for trial before the same gcm along with the petitioner on the same charge and on the same evidence is quashed and set aside on the ground of lack of convincing evidence in exercise of the said power and the petitioner having come to know of the same presented a petition invoking the same jurisdiction within a reasonable time from the date of his knowledge of such order, it would be a travesty of justice ..... jurisdiction powers and authority in matters of appeal against court martial: (1) save as otherwise expressly provided in this act, the tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable under this act in relation to appeal against any order, decision, finding or sentence passed by a court martial or any matter connected ..... that where a power is deposited with a public officer for the purpose of being used for the benefit of persons who are specifically pointed out, and with regard to whom a definition is supplied by the legislature of the conditions upon which they are entitled to call for its exercise, that power ought to be exercised and the court will require it to be exercised. ..... if there is omission to exercise discretion, inter alia, on account of the failure on the part of the authority to genuinely address itself to the matter before it or due to misconception of the scope of its power under the statute, mandamus can issue directing such authority to re-hear and determine the matter .....