Court : Chennai
Reported in : AIR1986Mad20
..... authority power to issue directions from time to time for the purpose of maintaining the supplies of paddy and rice, and for securing their equitable distribution and availability at fair prices to give effect to the provisions of the order and all dealers and persons were ..... very high and rice was being smuggled to kerala state because long stretch of land in tamil nadu was adjacent to the border of kerala and it was with a view to avoid the smuggling of rice into kerala that the quantity restriction was ..... judge sustained the validity of the direction given on 10-2-1981, because, according to the learned counsel, on the coming into force of the 1984 order, the direction given on 10-2-1981 must cease to be effective and, therefore, the government having ..... entitled to store for sale rice to the extent of 50 quintals. however, by the impugned direction the licensing authority purporting to act in exercise .of the power under cl. 14(2)(e) of the 1974 order, made an order fixing a ceiling of .....
Tag this Judgment!Court : Chennai
Reported in : (1986)1MLJ1
..... authority power to issue directions from time to time for the purpose of maintaining the supplies of paddy and rice, and for--securing their equitable distribution and availability at fair prices to give effect to the provisions of the order, and all dealers and persons ..... very high and rice was being smuggled to kerala state because long stretch of land in tamil nadu was adjacent to the border of kerala, and it was with a view to avoid the smuggling of rice into kerala that the quantity restriction was ..... sustained the validity of the direction given on 10.2.1981, because, according to the learned counsel, on the coming into force of the 1984 order, the direction given on 10.2.1981 must cease to be effective and therefore, the government having now ..... entitled to store for sale rice to the extent of 50 quintals. however, by the impugned direction the licensing authority purporting to act in exercise of the power under clause l4(2)(e) of the 1974 order, mad an order fixing a ceiling of 10 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad54; 1968CriLJ177
..... of emergency is made, it is not confined to matters which directly concern with or relate to external aggression, but extend to all activities which affect the security of india or any part of it.merely because the external aggression was the reason for the proclamation of emergency, it does not follow that the whole scope ..... detained under the provisions of the defence of india act, should be related or correlated to external aggression. he says that as the proclamation of emergency was occasioned by the external aggression of the northern borders of india, any activity of a detenu other than that affecting the security of india in the context of such external aggression ..... ordinance, 1962, was also promulgated which was later replaced by defence of india act, 1962. on 3-11-1962, the president, in exercise of his powers under art. 359(1) made an order suspending for the period the proclamation of emergency is in force, the right of any person to move any court for the enforcement of the .....
Tag this Judgment!Court : Chennai
Reported in : (1966)2MLJ283
..... of emergency is made, it is not confined to matters which directly concern with or relate to external aggression, but extend to all activities which affect the security of india or any part of it. merely because the external aggression was the reason for the proclamation of emergency, it does not follow that the whole ..... detained under the provisions of the defence of india act, should be related or correlated to external aggression. he says that as the proclamation of emergency was occasioned by the external aggression of the northern borders of india, any activity of a detenu other than that affecting the security of india in the context of such external aggression ..... 1962, was also promulgated, which was later replaced by the defence of india act, 1962. on 3rd november, 1962, the president, in exercise of his powers under article 359(1), made an order suspending for the period the proclamation of emergency is in force the right of any person to move any court for the enforcement of the .....
Tag this Judgment!Court : Chennai
Reported in : [1963]47ITR720(Mad)
..... peculiar or particular facts. the difficulty of applying what may be called settled rule of law is manifest from the diversity of judicial decisions in the matter. in a few border line cases two opinions can be given in favour of the revenue or against it, the one as plausible and logical as the other. '... in many cases it is ..... this dictum has been approved by the house of lords and also by the judicial committee of the privy council in numerous cases and it has now acquired almost the force of a rule of law.a receipt is stamped with the character of income if it emerges out of a trading activity or scheme of profit-making. the mere ..... profit... assessable to income tax. but it is equally well established that enhanced values obtained from realisation or conversion of securities may be so assessable, where what is done is not merely a realisation or change of investment, but an act done in what is truly the carrying on, or carrying out of, a business... what is the line which separates .....
Tag this Judgment!Court : Chennai
Reported in : AIR1985Mad183
..... be sought later on at the time when the party is put in the witness box, if by mischance any of his witnesses have been already examined, without securing earlier permission. whenever permission is sought for, it is obligatory on the part of court to record reasons, by passing a written order, either granting or refusing ..... learned counsel for defendants, submits that, when rule 3-a of 0. xviii c.p.c. had been introduced under amending act 104 of 1976 to prevent this 'persistent notorious malpractice indulged in by litigants bordering dishonesty', the trial court had overlooked the intendment behind the rule and had light-heartedly dismissed the application. the claim made that ..... as pointed out by mr. s. gopalaratnam learned counsel for defendants, under s. 135 of evidence act, the order in which witnesses are produced or examined shall be regulated by the law and practice for the time in force relating to civil and criminal procedure respectively, and in the absence of any such law, by the .....
Tag this Judgment!Court : Chennai
Reported in : (1941)1MLJ818
..... this case which would entitle the applicant to claim a set-off under section 229 of the indian companies act, under which in the winding up of an insolvent company the same rules should prevail and be observed as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent.3 ..... of the debt by mr. samuel and the bank is therefore not entitled to enforce the debt; in any event, it must give credit for the full value of the security. in opposition to this contention, the counsel for the official liquidators relies on the decision of my learned brother gentle, j., reported in manx aiyar v. official liquidator of ..... or set-off really arose. the question that actually arose there was whether the defendant, who was indebted to the bankrupt firm and deposited certain rubber shares with them as security, was not entitled to a return of the said shares in specie on making a payment. it arose in this way. before the firm became bankrupt, the firm .....
Tag this Judgment!Court : Chennai
Reported in : AIR1983Mad21
..... judgment-debtors, while as regards others the decree is kept intact.'thus, even when s. 7 and s. 11 of the 1938 act contemplated the splitting up of a debt and the mortgage security for the purpose of giving relief to an agriculturist, the supreme court has taken the view that so far as the mortgagee decree ..... the tamil nadu agriculturists relief act, 1938, the tamil nadu pawn brokers act, 1943, the tamil nadu moneylenders act, 1957, the tamil nadu debt relief act, 1972, the tamil nadu indebted agriculturists (temporary relief) act, 1976, the tamil nadu indebted persons (temporary relief) act, 1976, or in any other law for the time being in force or in any contract or ..... other mortgagor who is not declared to be a debtor under the provisions of the 1976 act. the learned counsel refers to the proviso to section 4 (b) of the 1976 act as supporting his contention.7. there appears to be considerable force in the submission made by the learned counsel for the petitioner in this regard. it .....
Tag this Judgment!Court : Chennai
Reported in : (1982)2MLJ142
..... one of the judgment-debtors, while as regards others the decree is kept intact.thus, even when section 7 and section 14 of the 1938 act contemplated the splitting up of a debt and the mortgage security for the purpose of giving relief to an agriculturist, the supreme court has taken the view that so far as the mortgage decree as against ..... from the other mortgagor who is not declared to be a debtor under the provisions of the 1976 act. the learned counsel refers to the proviso to section 4(b) of the 1976 act, as supporting his contention 7. there appears to be considerable force in the submission made by the learned counsel for the petitioner in this regard. it is well-established .....
Tag this Judgment!Court : Chennai
Reported in : AIR1926Mad194; 92Ind.Cas.497; (1925)49MLJ643
..... of the decree for costs the property comprised in the bond. it was held that a valid mortgage was created and that under section 99 of the transfer of property act, the security could not be enforced without the institution of a regular suit.15. although shyam sundar lal v. bajpai jainarayan 7 c.w.n 914 was distinguished in tokhan singh ..... passed against the father only but that the bond was executed by the father and the sons and that, therefore, the property cannot be sold in execution. there might bersome force in the argument if the bond had been executed not by the sons of the judgment-debtor but by others. but in the present case the decree-holder's right ..... sold in execution because the minor sons of the judgment-debtor who were not parties to the suit have joined in the execution of the security bond, their father representing them as guardian. there is no force in this contention. thene w parties are not strangers but only the sons by the judgment-debtor. in view of the fact that the .....
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