Court : Chennai
Reported in : 1997(2)CTC157
..... as a condition to remove the encroachment, as held earlier, since the municipal corporation has a constitutional and statutory duty to provide means for settlement and residence by allotting the surplus land under the urban land ceiling act and if necessary by acquiring the land and providing house sites or tenements, as the case may be according to the scheme formulated by the corporation, the financial condition of the corporation may also be kept in view but that ..... after the pongal season in january, 1994;(ii) the first respondent can take action to remove the encroachers only after issuing fresh notice under section 4(1) of the tamil nadu public premises (eviction of unauthorised occupants) act, 1971;(iii) the first respondent shall give sufficient and reasonable time to the encroachers to vacate the subject area, if they hold against the occupants in the enquiries to be conducted under the ..... i in order to implement the direction of the supreme court, the enumeration of the encroachments in the railway lands was taken up by the railway authorities and notice under form-a under the public premises (eviction of unauthorised occupants) act, 1971 were issued by the estate officer to the encroachers based on the enumeration. ..... on their resistance, necessarily appropriate and reasonable force can be used to have the encroachment removed. ..... in those circumstances, the petitioner has approached this court for appropriate direction.3. .....
Tag this Judgment!Court : Chennai
Reported in : (1993)2MLJ653
..... fenn walter, learned counsel appearing for the appellant-plaintiff contends that the enquiry officer has not followed rule 44(6) of the railway protection force rules, 1959 in that he has not called upon the delinquent-plaintiff to give evidence and therefore the plaintiff has not examined himself. ..... krishnamurthy, learned counsel appearing for the respondent-railways, submits that the question of adequacy of punishment is within the competence of the authorities empowered to award punishment under the railway protection force act and that shall not be interfered with by the court and in support of this contention he brings to my notice a judgment of the supreme court in union of india v. ..... it is appropriate to remember that the power to impose penalty on a delinquent officer is conferred on the competent authority either by an act of legislature or rules made under the proviso to article 309 of the constitution. ..... but in appeal filed by the defendant-railways the appellate judge did not accept the findings of the trial court and instead he held that the enquiry officer has correctly followed the procedure as per the rules and the evidence shows ..... the defendant-railways inter alia contended that the enquiry officer conducted the enquiry in accordance with the rules and the principles of natural justice and on acceptable evidence he has held the plaintiff guilty of the charge and ..... the plaintiff was employed as rakshak in the railway protection force. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1933Mad207; (1933)64MLJ320
..... there are many other terms, the general purpose of which is to enable the bank to make up the security if there appear to be a deficiency, to hold in respect of charges or expenses, to sell and appropriate, or if necessary, to obtain such further documents as may be found necessary to vest in the bank the property to enable the bank to sell and to prevent the borrower from doing anything to revoke or avoid ..... if a bona fide person had demanded these goods from the port trust, and the port trust, not having notice of any other claims, had delivered without production of the railway receipt, then the absence of notice would probably be a matter of great importance when considering the liability of the port trust or the title as against the bank of the person ..... fact to the contrary but rather that he arrived at his conclusion because the bank had not notified the port trust that the bank held the railway receipts and that 'it had always been held' that absence of notice proved consent to the goods being in the order or disposition of the bankrupt as reputed owner. ..... is conceded however by the advocate-general that (apart from the order and disposition clause) if either (1) the letter of lien creates a charge on these goods, or (2) the railway receipt by endorsement transfers not merely a title to receive but constructive possession of the goods, then the official assignee's title is postponed to that of the bank, the bank having in ..... section 57 of the railways act gives a right to the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad342a; (1961)2MLJ75
..... judge has pointed out that, treating this contract as being one in respect of unascertained goods, the goods have been sufficiently ascertained and (unconditionally appropriated to the contract by the very act of consignment and delivery to the carrier. ..... judge differed from the view taken by the trial court and held that the property in the goods passed to the defendants on consignment and delivery to the common carrier, namely, the railway, and that therefore, the defendants alone should be made liable for the loss. ..... but in this case it is common ground that, after taking the railway receipt in his own name, the plaintiff endorsed it in favour of the defendants and forwarded the railway receipt to the defendants, who therefore were in a position to take delivery of the goods at the destination station without any ..... district judge came to the correct conclusion on the facts of this case that property in the goods passed to the defendants the moment the goods were entrusted to the carrier and the railway receipt was endorsed in favour of the defendants and forwarded to them.7. ..... out in that case that where the consignment is booked in the name of the consignor himself, it would be necessary to endorse the railway receipt and deliver it to the buyer in order to complete the transaction. ..... common ground that a consignment of goods consisting of sarees of different varieties was made by the plaintiff at salem booking the goods in the railway to be received by the defendants at mysore. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad795; (1952)IIMLJ24
..... , in that case, a notice was given to the superintendent-general within six months and not to the railway administration as such, but it was considered sufficient to bind the railway company in terms of section 77 of the railways act, even though the superintendent general had not been technically authorised to receive notice under that section. ..... ', 57 cal 1286 i am inclined to think that in such cases, tne intention of the legislature in having inserted section 77 in the railways act should be a very relevant consideration in deciding as to whether the company had or had not notice of the loss suffered by the plaintiff. ..... has observed while considering section 140 of the same railways act to the following effect: 'the object of the section is to see that the company gets notice and there is no magic in the methods provided for by the section to see that it reaches him if as a matter of fact ..... ', 57 cal 1286 section 77 of the railways act is only intended to give an opportunity to the railway company to make satisfactory investigation. ..... question that has been argued before me by the learned counsel for the petitioner is that section 77 of the indian railways act has not been complied with. ..... doubt, in that case, the question arose as to whether leaving a notice in the hands of the traffic manager of the company was sufficient compliance of section 140 of the railways act. ..... railway was until a certain stage thought to be the appropriate quarter where the plaintiff could lay claim for .....
Tag this Judgment!Court : Chennai
Reported in : (1980)2MLJ363
..... of goods would constitute valid notice under section 77 of the indian railways act so as to bring his action against the railway within the period of limitation, it was this question which was answered in favour of the claimant by pointing out that the intention of the legislature in enacting section 77 must have been to afford protection to the railway administration against fraud and not to provide a means for depriving the ..... : : air1974all255 in the course of his judgment the learned judge has observed:sub-section (2) of section 77 of the railways act specifies that the railway administration shall not be responsible for any such loss, destruction, damage, deterioration or non-delivery of the goods after the period ..... in accordance with the terms contained in section 77(2) of the indian railways act and the point raised in the appeal does not involve any important ..... ).the financial memorandum prepared in connection with the bill states as follows:under new section 73 proposed to be inserted by clause 13 of the bill, the basic responsibility of railways, which is at present that of a bailee, is proposed to be changed to that of a common carrier, the railways will be undertaking greater responsibilities and will be liable for loss of or injury to consignments in all cases arising when they are in the course of transit unless such loss ..... an interpretation of section 77(2) may even lead to the railway administration appropriating the goods for itself and refusing to deliver the same. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad383; (1945)1MLJ414
..... clause 8 of the contract says:the property in the goods shall pass to the buyers on delivery and after inspection at the buyer's godown aforesaid.the object of the madras commercial crops markets act of 1933 is seen from the heading to be:to provide for the better regulation of the buying and selling of commercial crops in the presidency of madras and the establishment of markets for commercial crops.under section ..... reads thus :where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract the property in the goods thereupon passes to the buyer.it is argued that the goods were unconditionally appropriated to the contract when the sellers placed the goods in the bags according to the specification and committed them to the charge of the railway. ..... committee was established under section 5 of the madras commercial crops act of 1933; and in exercise of the powers conferred upon it by the act, it claimed fees on sales of groundnuts to the three ..... the provincial government to frame rules, consistent with the act, for carrying out all or any of the purposes thereof ..... continue or allow to be continued any place for the purchase, sale, storage, weigh-ment, pressing or processing of the commercial crop or crops, so notified, except under a licence' and except in accordance with the provisions of the act and such rules and by-laws as may be framed thereunder. .....
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ305
..... gopalaswami aiyangar, that there was on, the 29th august, 1935, when all these sale deeds were executed, an appropriation within the meaning of madras act iv of 1938; and that the payments made under those documents or what is equivalent to payment, namely, the conveyance of properties cannot be regarded as being or amounting to open payments within the meaning of the law relating to the scaling ..... learned subordinate judge was, therefore, correct in holding that the payments under exhibits a and b were open payments with the result that exhibit b must be taken to have been completely discharged by the application of madras act tv of 1938, while there will be due on exhibit a on 1st october, 1937, only a sum of rs 483 towards the principal for which appropriate provision has been made in the decree of the lower appellate court. 21. ..... from this short review of the effect of the cases which have arisen under the act it is apparent that there must be an overt act from which appropriation can be reasonably deduced or inferred.11. ..... gopalaswami aiyangar would only go to show that the several sales were acted upon, but that leaves altogether untouched the question as to whether there was such adjustment or payment of the amounts realised by the several sales as would amount in law to appropriation. ..... it is unnecessary to define what constitutes an appropriation for the purposes of the madras agriculturists' relief act. .....
Tag this Judgment!Court : Chennai
Reported in : [1963]14STC856(Mad)
..... in pursuance of the contracts the assessee despatched goods to kerala and that therefore it was an inter-state sale as defined in the central sales tax act, that the invoice and the demand draft clearly proved that the goods were appropriated to the contract at the assessee's place of business and that the assessee also adopted various safeguards to guarantee the payment of money to him under ..... the facts in this case reveal that the assessee transfers the documents of title to the goods, such as the railway receipt, demand draft and other relevant documents to the bank in the first instance, advising the bank to hand over the documents to the intended purchaser and the ..... came to the conclusion that the sales in question were inter-state sales under section 3, clause (b), and the appropriate state was madras and that therefore the imposition of the tax was justified. ..... principles for determining when a sale or purchase shall be deemed to take place in the course of inter-state trade or commerce, because under the act tax is imposed only on inter-state transactions, clause (a) of section 3 provides that the sale or purchase should occasion movement of goods from one ..... when despatching goods to a destination in kerala state he takes a railway receipt to 'self' and makes an endorsement 'please deliver to the state bank of india or order' and sends the document to his bank in kerala advising the bank ..... payment of money to the bank, receive the railway receipt and take delivery of the goods. .....
Tag this Judgment!Court : Chennai
Reported in : (1985)IILLJ509Mad
..... model mills, nagpur (supra) the observations made in paragraph 14 may be noted usefully : 'section 2(a) of the industrial disputes act 1947 defines 'appropriate government' to mean (leaving aside the words which are not relevant for our purpose) in relation to any industry dispute concerning any industry carried on by or under the authority of the central government ...... ..... 2(1)(a) of the act to read as under : 2(1)(a) 'appropriate government' means - (1) in relation to - (i) any establishment pertaining to any industry carried on by or under the authority of the central government, or pertaining to any such controlled industry as may be specified in this behalf by the central government, or (ii) any establishment of any railway, cantonment board, major port, mine or oil-field, or (iii) any establishment of a banking or insurance company, the central government, (2) in relation to any other establishment the government of the state in which that other establishment ..... in this act, unless there is anything repugnant in the subject or context - (a) 'appropriate government' means - (i) in relation to any industrial dispute concerning any industry carried on by or under the authority of the central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government .... .....
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