Court : Chennai
Decided on : Dec-08-1953
Reported in : AIR1954Mad702
..... appellant regarding the admissibility of the unregistered kanam deed under section 53-a, t. p. act, confirmed the finding of the learned district munsif regarding the right of the defendants to claim fixation of the fair rent but held that it ..... kanam deed but under the earlier kychit was not correct and that the unregistered kanam deed is admissible in evidence to prove an agreement under section 53a, t. p. act and that the contract rate should have been decreed for the period covered by the suit.the learned district judge negatived the contention of the ..... and the civil miscellaneous second appeal by the plaintiff.3. the point for determination is whether the equitable doctrine of part performance under section 53a, t. p. act is available as a defence only.4. section 53a has been described by the privy council as a partial importation into india of the english equitable doctrine of part performance: .....
Tag this Judgment!Court : Chennai
Decided on : Nov-13-1953
Reported in : AIR1954Mad754; (1954)IIMLJ101
..... the government of madras on 31-1-1952 is valid. that notification is as follows:"in exercise of the powers conferred by section 81, sub-section (1) of the madras village panchayats act, 1950 (madras act 10 of 1950) his excellency the governor of madras hereby appoints the official year 1952-53 as the year after the 'commencement of which, ..... board to issue the necessary licences for holding markets.2. the relevant provisions of the madras village panchayats act 10 of 1950, hereinafter referred to as the act, may now be noted: section 1(2) enacts that the act shall extend to the whole of the state of madras except the city of madras, the municipalities governed ..... established juristic principles. there is considerable authority that the word property includes not merely tangible property but also incorporeal rights.11. in -- 'minister of state for the army v. dalziel', 68 clr 261 (1), it was held that the "exclusive right to use certain vacant land on which the claimant had erected a car .....
Tag this Judgment!Court : Chennai
Decided on : Sep-11-1953
Reported in : AIR1954Mad385; (1953)IIMLJ699
..... 1942 (central) imposes a duty on coffee which might be exported and the proceeds are to be paid by the government to a board appointed under that act. section 3 of the indian coconut committee act, x of 1944 (central) imposes a tax on all copra consumed in any mill in the provinces and the government are to pay the proceeds to a ..... 2-2-1945 the board of hindu religious endowments framed a scheme for the management of the temple under section 62 of madras act ii of 1927 and the same was modified by the district court, south malabar by its decree dated 6-1-1950 passed in o. s. no. 5 of 1945. the scheme provides 'inter alia' that there should be a ..... with nothing left of their office except a nominal acknowledgment of their rights as hereditary trustees. to adapt the language of rich j. in 'the minister of state for the army v. dalziel', 68 c. l. r. 261 (p), they retain only the 'husk' of their title as hereditary trustees, with the substance within altogether gone.17. the question is whether .....
Tag this Judgment!Court : Chennai
Decided on : Sep-09-1953
Reported in : AIR1955Mad214; 1955CriLJ691
..... the king', air 1949 cal 641 (a). that was a case in which one bjythe who had joined the british army in 1931 but. who had subsequently joined the. indian army was prosecuted under section 5 of central act ii of 1947. in 1946 blythe was the depot commander in charge of various stores.' the case for the prosecution was ..... to payment of specific items of bribery relating to the mills in balasore district. 'whether this line of reasoning is legitimate is open to question.' (3) section 5(3) of act ii of 1947 creates a new offence, that is to say, it renders punishable something which was not' previously punishable, viz., the. possession of disproportionate wealth ..... that' he was habitually accepting bribes. the instances enumerated to the charge were merely intended to be instances of the habit he was accused of. section 5(3) of the act permits the prosecution to prove the charge in ft particular manner, viz., by showing that the accused was in possession of financial resources disproportionate to .....
Tag this Judgment!Court : Chennai
Decided on : Feb-26-1953
Reported in : AIR1954Mad118; [1953]24ITR166(Mad); (1953)2MLJ469
..... payable by the firm the proportionate excess profits tax payable on the commission paid to one nanjappa which commission the firm was entitled to claim under section 12-a of the act. after the order of assessment, the income-tax officer thought that he failed to deduct proportionate excess profits tax attributable to commission paid to nanjappa ..... on merits. against the order of the tribunal the commissioner of income-tax obtained a reference to this court on the question stated above under section 66(1) of the act.2. when this reference came before this court on an earlier occasion the matter was adjourned till the appeal was disposed of by the appellate assistant ..... commissioner. the appellate assistant commissioner again expressed the opinion that the order made by the income-tax officer was within the purview of section 35 of the act but the order was not justified on merits. this reference was also kept pending as an appeal against a decision of this court in a .....
Tag this Judgment!Court : Chennai
Decided on : Nov-16-1953
Reported in : AIR1955Mad219
..... primogeniture, their lordships stated:'whatever force such a contention might otherwise have had appears to their lordships to be removed by the act to which attention was called, the crown grants act (act xv of 1895).'section 3 of the act enacted:'all provisions, restrictions, conditions, and limitations over contained in any such grant or transfer, as aforesaid, shall be ..... available for partition between the plaintiff, defendant 1 and their mother. that was one of the claims included in the application she filed. appln. no. 4830 of 1950. rani vidya-vathi claimed 55 items of jewellery as her stri-dhanam, to be excluded from the scope of the partition. the plaintiff specified 140 items of jewellery ..... .1. the preliminary decree in this suit defining the shares for the partition of the properties among the heirs of alak narayan, was issued on 11-9-1950. there was no dispute either on the question who were the heirs, or on the question, what their shares were. the two sons of alak narayan and .....
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