Judgment Search Results Home > Cases Phrase: bombay hereditary offices act 1874 maharashtra Court: chennai Page 1 of about 35 results (0.096 seconds)

C.B.Subramaniya Chettiar and ors. Vs. the Special Commissioner and Com ...

Court : Chennai

..... certain charges if a trustee is placed under suspension, then, that ad interim suspension is governed by the provisions of sec.53(4) of the act which enables the competent authority to appoint a fit person to discharge the duties of that trustee ..... appropriate authority to impose punishment on a trustee any order of suspension as a substantive punishment is imposed, it will disable the hereditary trustee to discharge his duties by reason of that disability by way of suspension and hence there is a duty cast upon the prescribed authority to consider the claims of the next line of succession to succeed to the office of that disabled hereditary trustee to perform the functions of the trustee until his disability ceases.5.in a case where pending enquiry into ..... . it is manifest that rules 151 and 152 of the bombay civil service rules are couched in a similar language to that of fundamental rules 53 and 54 and it must be held for this reason also that rules 151 and 152 of the bombay civil service rules comprise in their scope both kinds of suspension, whether it is a penalty or as an interim measure pending an enquiry into the conduct of the government servant concerned or criminal proceeding ..... . state of maharashtra [air 1968 .....

Raju Alias Srinivasan Chettiar Vs. Lakshmi Ammal and anr.

Court : Chennai

Reported in : AIR1954Mad705

..... the property in dispute was watan land governed by the bombay hereditary office act 3 of 1874 as amended by bombay act 5 of 1886. ..... 'watan property' according to the definition in the act of 1874 is property held as remuneration for the performance of the duty appertaining to a hereditary office. ..... the watan property and the hereditary office constituted the watan. ..... the act of 1874 imposed certain restrictions on the inheritance of watan property and watan rights. ..... 'air 1943 pc 193 (o)' was considered by a pull bench of the bombay high court in -- 'jivaji annaji v. ..... the legal fiction, that art adoption acts retrospectively leaving no hiatus should also have the same foundation as the adoption itself. ..... in 'anant's case (o)', the bombay high court took the view that after , the adoption of anant was valid but that the adoption could not divest the estate which devolved on a collateral after the sole surviving coparcener's death. ..... shanker's name was registered in 1928 by the collector under the act in spite of the opposition of gangabai. ..... in the act of 1886 except the last maleholder's widow, the other female members of watan family are postponed in the order of succession to a male member of the family qualified to inheritance as watan. ..... under the hindu law of inheritance amendment act no. .....

Maharajah of Vizianagram Being Minor, by Collector and Guardian H.F.A. ...

Court : Chennai

Reported in : (1904)14MLJ468

..... the provisions of section 5 of the bombay hereditary offices act, (act iii of 1861) bearing on the question of a vatandar's power to alienate vatan land, which was under consideration in the second of the above cases differ indeed essentially from the provisions of section 5 of the madras act, for, they imply that a vatandar has unrestricted power of transfer of vatan lands, when the transferee is a vatandar of the same vatan and, in other cases, that ..... makes no allusion to the fact, yet, in the subsequent proceedings, the land is admitted to be service inam being the emoluments attached to the office of village carpenter, which is among the offices comprised in the madras hereditary village offices act (act iii of 1895). ..... has been framed on considerations of such a policy and in order to guard against the dissociation from the specified offices, to any extent whatever, of the emoluments attached thereto, as that cannot but impair the efficiency of the services to be rendered by the officers and conse-quently affect injuriously the interests alike of the government and of the sections of the public concerned.4. ..... thus, 'the emoluments of village ' officers, whether such offices be or be not hereditary and, in the ' scheduled districts as defined in the scheduled districts act ' 1874, all such emoluments and other emoluments granted or con-' tinued in remuneration for the performance of duties connected ' with the collection of the revenue or the maintenance of order ' shall not be .....

D. Shanthalakshmi and ors. Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : AIR1983Mad232; (1983)IIMLJ7

..... the fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent prernicious nature of the act prohibited on its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint and in the absence of exceptional situations such as the prevalence of state of ..... committed but the offender is not known or cannot be found or when anything is liable to confiscation under this act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be enquired into and determined by the collector or other prohibition office in charge of the district or by any other officer authorised by the state government in that behalf, who shall order such confiscation : provided that no such order ..... .63. in ukha kolhe v state of maharashtra air 1963 sc 1531, the supreme court upheld the state law dealing with prohibition and altering provisions of the criminal procedure code and evidence act, which could be referable clearly to entries 2 and 12 of concurrent list, on the ground that the state law ..... ss. 129-a and 129-b will prevail in the state of bombay to the extent of inconsistency with prevail only to the extent of the repugnancy alone and no more is ..... petitioner in that case placed restrictions upon his right to carry on his hereditary vocation .....

K. Manathunainatha Desikar Vs. Sundaralingam and ors.

Court : Chennai

Reported in : (1970)2MLJ156

..... is, where the rule of succession is the same as for the descent of private property, article 124 applies, and whether it is trusteeship of a temple or any other hereditary office, it is not a succession of life estate as contended for; or their lordships hold with reference to even such office, that the only title which would be valid, would be title claimed as heir to the father under the ordinary law of inheritance, thereby negativing any right in ..... hand, it is quite settled that a shebaiti right is a hereditary office and as such comes within the express language of article 124 of the limitation act....the intention of the legislature is obviously to treat hereditary office like land for the purposes of barring suits for possession of such office and extinguishing the right to the possession thereof after a certain ..... . thus, in the two cases on which the appellant relies, hindu texts were legitimately used to show that, in the contemplation of hindu law hereditary offices in a hindu community incapable of being held by any person not a hindu, were in the nature of immoveables.their lordships doubted whether the toda jiras right there in question would be 'nibandha' ..... inheritance did not permit the creation of successive life estates in this endowment and this ruling is decisive against the contention on behalf of velu and is contrary to the judgment in the bombay case.ex facie on the facts, respondent velu pandaram could be entitled only as heir to his father nataraja ..... (1874 ..... sahib (1874) .....

Padmavathi and Bheema Raja Vs. the State of Tamil Nadu, Represented by ...

Court : Chennai

Reported in : (1978)1MLJ223

..... under the scheme of the madras hereditary village offices act, 1895, whenever there was a vacancy to an hereditary office, the collector shall fill up that vacancy and that any dissatisfied claimant shall have the remedy of a suit before the collector ..... was whether the board of revenue had jurisdiction to interfere with the orders passed by the revenue divisional officer and the district collector under the madras hereditary village offices act, 1895. ..... the statute itself confers no such power....the learned judge further observed thus:in my opinion, the order of the board of revenue purporting to act in second appeal or revision and to decide a matter which according to the machinery of the act should have been decided by a suit under section 13 of act iii of 1895, was an illegal attempt to invade the vested rights of the plaintiff.the above decision has been approved by a full ..... of the government's preliminary notification in the gazette and the collector's public notices in the locality, the government may authorise any of its officers to enter upon and purvey the lands in the locality and to do any acts necessary to ascertain whether the land notified for acquisition for the avowed public purpose is suitable for that purpose. ..... the bombay high court had occasion to construe the relevant rule in force in the state of maharashtra . ..... judges is justified on the construction of the words of rule 1 of the maharashtra rules is not for us to say. ..... 1 framed by the government of maharashtra. .....

Dr.J.Santhosh Kumar. Vs. the Block Medical Officer.

Court : Chennai

..... a combined reading of the aforesaid acts, namely, the bombay homoeopathic practitioners' act, 1959, the indian medical council act, 1956 and the maharashtra medical council act, 1965 indicates that a person who is registered under the bombay homoeopathic practitioners' act, 1959 can practise homoeopathy only and that he cannot be registered under the indian medical council act, 1956 or under the state act, namely, the maharashtra medical council act, 1965, because of the restriction on registration of persons not ..... to the deficiencies and irregularities mentioned in the impugned proceedings, dated 08.07.2010 and 27.09.2010, copy of the contents of the police complaint, dated 11.06.2010, statement of the petitioner, dated 11.06.2010, report of the police officer, dated 11.06.2010, the detailed report sent to the deputy director of health services, kallakurichi, dated 11.06.2010 and the action taken by the respondent, to prevent any activity carried on by the qualified doctors and others, ..... any infringement by him of the provisions of this section, unless a notice in writing that the tenement is not in a habitable condition or that it is overcrowded, has been served upon the landlord or his agent by the health officer, and the landlord fails within such time as may be specified in such notice to take such steps as may be reasonably open to him for putting the tenement in a habitable condition or for securing the abatement of the overcrowding ..... [(1874) lr 7 hl 213]; governor .....

K.T.M.S. Abdul Cader and ors. Vs. the Union of India

Court : Chennai

Reported in : AIR1977Mad386

..... the person sought to be detained or place of his detention is outside the territorial jurisdiction of the government or the officer who issues the order of detention, the learned counsel would submit that the said section is intended to cover orders of detention passed by the state government or other officers in respect of persons outside their territorial jurisdiction and that the section does not contemplate an order of detention being passed ..... cannot say that the state government which passed the order of detention had no material to form an opinion that the petitioners have absconded or concealed themselves, that they acted so unreasonably as to leave no doubt whatsoever in the mind of the court that there has been an excess exercise of power, or that there has been an ..... 6 has been introduced in the act only with a view to get over certain earlier decisions rendered under the preventive detention act, 1950, holding that the officers passing the orders of detention under that act cannot pass orders of detention in respect of ..... state of maharashtra, , their lordships of the ..... lj 174: (52 cri lj 294), a division bench of this court cited with approval the above decision of the bombay high court and held that the state of bombay cannot, for the purpose of preventive detention act 1950 pass orders detaining persons found within its territory for their activities in madras state which is outside the bombay state. ..... the presidential order dated 16-11-1874 with which we are now concerned .....

Waterfall Estates Ltd. Vs. Commissioner of Income-tax (No. 1)

Court : Chennai

Reported in : (1980)16CTR(Mad)279; [1981]131ITR207(Mad)

..... 642 as follows:' it is true that the appellants were conducting cinema theatres in ahmedabad and bombay, and the result of the accounts of the different ventures was entered in the accounts maintained at the head office, but from that circumstance no inference necessarily arises that the exhibition of films in different theatres constituted the same business. '32. ..... by the time the tribunal came to dispose of the appeal, the appeal to the supreme court against the decision of the bombay high court in the case of maharashtra sugar mills ltd. ..... : [1965]56itr77(sc) and of the maharashtra sugar mills : [1971]82itr452(sc) , it is clear that the principle applicable to a case where an assessee carried on a single business part of whose profits is not assessable to tax is different from a case where the assessee carries on more than ..... the agreement in force for therelevant years, the managing agents were to be paid for their work as managing agents, a commission on the net profits of the company computed in accordance with sections 349 to 351 of the companies act, 1956, subject to a minimum remuneration of rs. ..... the fact that the income arising from a part of that business is not exigible to tax under the act is not a relevant circumstance. ..... act of 1922 ..... act, 1922 ..... act, 1922 ..... act, 1961, the following questions of law have been referred for the opinion of this court;'(1) whether, on the facts and in the circumstances of the case, the conclusion of the appellate tribunal that the entire managing .....

C.Nagamanickaya Vs. K.Syamanthakamma

Court : Chennai

..... or leaves [india] for the purpose of residing abroad, or is declared an insolvent, or desires to be discharged from the trust, or refuses or becomes, in the opinion of a principal civil court of original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new trustee may be appointed in his place by-a] the person nominated for that purpose by the instrument of trust (if any), orb] if there be no such person, or no such person able ..... if the instrument has been registered under the indian registration act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his ..... 1910, bharamappa made a gift of the entire premises consisting of plots 1(a) and 1(b) to the dakshina maharashtra digambar jain sabha, a registered body, for the purpose of building a school upon it for the ..... the suit was dismissed by the trial judge but on appeal by the plaintiff to the high court of bombay, the trial court's judgment was reversed and the plaintiff's claim for khas possession was allowed in respect of the suit land against all the ..... thereupon the plaintiff took an appeal to the high court of bombay and the learned judges, who heard the appeal, concurred in the decision of the court below ..... , of the bombay high court now on the privy council, has even refused to recognise a de facto guardian as guardian at ..... bombay .....