Court : Chennai
Reported in : (1892)2MLJ206
..... tenure which the accused had, and whether any and what notice was necessary, and whether such tenancy or tenure was lawfully determined. if the charge had been amended, if both parties had an opportunity given them to adduce evidence, and if a distinct finding had been recorded we should have expressed an opinion whether the objection ..... . even assuming that, in granting the lease to ramasami naidu, the exigencies of free and open competition were not duly considered, it may be a ground for the collector and government to interfere under section 35 of the act but it can by no means justify a refusal on the part of a tenant who got in ..... prosecution was that by using the slaughter house and occupying the stalls during the period mentioned above, they committed offences punishable under sections 191, 192 and 195 of act iv of 1884. the accused were, however, formally charged by the municipal council before the joint magistrate only with the offence punishable under section 192, but, after .....
Tag this Judgment!Court : Chennai
Reported in : (1894)4MLJ183
..... legislature to be presumed therefrom, appear to us to have been duly considered.14. another question which requires to be noticed is whether the amendment act has made any difference. section 54, as since amended, retains the classification but orders passed under that section are defined among orders which have the force of a decree. there is no trace ..... an order under section 54, clause (a), and there is so intention to give an appeal in such case. the code as amended simply restores the law to the footing on which it stood before act x of 1877 was passed and the course of decisions then passed and approved by the legislature, is that followed in i. l. ..... placed was as essential an element of valuation as the subsequent arithmetical computation, by which the fee payable was ascertained, and that section 12 of the court fees act virtually repealed section 36 of the code of civil procedure.8. we must observe here that section 36 of the civil procedure code was not mentioned in the second or .....
Tag this Judgment!Court : Chennai
Reported in : (1895)ILR18Mad99
..... act ix of 1871 was then framed on a scientific plan, act xv of 1877 reproducing it with certain important amendments. the scheme of the present act consists in dividing the limitation law into four parts and in collecting the preliminary rules into the ..... presidency. in 1842, the indian law commissioners framed a bill embodying a uniform law of limitation for all the courts in british india. with some amendments suggested by sir james colville and sir barnes peacock, act xiv of 1859 was framed on that bill. but the privy council since remarked that it was an inartistically drawn statute, and ..... cal. 910; khetter mohun chuckebutty v. dinabashy shaha i.l.r. 10 cal. 265 here there have been similar decisions with reference to the forest act and the rent act. reference under forest act of i.l.r. 1882 mad. 210 and kullayappa v. lakshmipathi i.l.r. 12 mad. 471 see however in re syed mohidin hussen saheb .....
Tag this Judgment!Court : Chennai
Reported in : (1896)ILR19Mad90
..... limits of its ordinary jurisdiction, and who otherwise are not subject to it. its jurisdiction is excluded until it is specially conferred by the court's own act, and that act must be performed prior to the institution of the suit. the court had therefore no inherent jurisdiction, which makes all the difference between the case here in ..... is just as if a plaint were presented not in proper form or unverified; the court would not act upon it--not because it had no jurisdiction, but because a prerequisite was wanting, which is allowed to be supplied afterwards by amendment. in the present case the court was altogether debarred and precluded from receiving the plaint, as it ..... 1895 during which he was prosecuting his former suit should be excluded in computing the period of limitation for the present suit.2. section 14 of the limitation act allows such exclusion if the former suit was prosecuted with due diligence and in good faith in a court which, from defect of jurisdiction or other cause of .....
Tag this Judgment!Court : Chennai
Reported in : (1988)2MLJ370
..... legislature in future by following a legislative process.10. it is argued by the learned government pleader that at the time when the general rules were framed in 1955, the competition for employment was not as much it is at present and that there were not many members of the b.c/s.c./ s.t. classes at that time ..... has changed since 1955 and the necessity for the special provision contained in rule 12(d) of the general rules has ceased to exist, it is for the government to amend the rule or make an express provision in the special rule whenever they are framed so as to exclude the applicability of rule 12(d) of the general rules. ..... made the following observations:. it will be seen that if all these sections the word 'prescribed' is used, which means according to section 2(21) of the act - 'prescribed by rules made under this act'. now it is clear that these sections, wherever the word 'prescribed' occurs, do not expressly authorise any subordinate authority to make rules. it is only section .....
Tag this Judgment!Court : Chennai
Reported in : 5Ind.Cas.931
..... the present case, but having given my best consideration to the subject, i think, the law requires us to hold that no amendment which we could now make would save the suit from the bar of limitation, and that we must consequently allow the appeal and dismiss ..... arisen.3. the utmost we could do on the authority of that case would be, it seems to me, to date the amendment as of the date on which the court of first instance ought to have made it and that could not be earlier than the ..... seshamma v. chennappa 20 m.k 467, in the matter of dates, but clearly the learned judges did not intend to make their amendment date back to the date on which the suit was originally instituted. had they felt themselves able to do that, no question of limitation ..... which the suit if then instituted would be barred, and if the effect of the amendment bringing her on record is to bring on a new plaintiff within the meaning of section 22, limitation act, the bar will not be saved.5. i agree with the observations of the .....
Tag this Judgment!Court : Chennai
Reported in : 25Ind.Cas.375
..... relief--the cancellation and return of the bond-was valued at rs. 100. under section 7 (iv) of the court fees act the consequential relief should alone have been valued and the value under section 8 of the suits valuation act would determine the jurisdiction. as it appeared on the face of the plaint that the valuation of the consequential relief was ..... only rs. 100, whereas there was another valuation of rs. 15,100 given, the plaint should have been returned for amendment so that the plaintiff might elect one single valuation ..... 1. under section 8 of the suits valuation act in this class of suits the valuation as determinable for the computation of the court-fee and the valuation for the purposes of jurisdiction shall be the same. the plaint .....
Tag this Judgment!Court : Chennai
Reported in : (1916)ILR39Mad873
..... has been caused, and consequently the law must be deemed to have been changed by the later enactment. the fact that the civil courts act is an act applicable only to the presidency of fort st. george whereas the amending act applies to the whole of india, does not in my opinion affect the question, for the greater contains the leas, and the law ..... laid down in the amending act is applicable to madras as well as to other parts of india. the ruling in chalasamy ramiah v. chalasamy ramasami (1912) 11 m.l.t. 155 has very little bearing ..... to which provision of law should be applied in valuing the suit for purposes of jurisdiction.2. the court fees act was amended by act vi of 1905 and a new category of suits was added to section 7 of the court fees act as clause (xi)(cc), i.e., for the recovery of immoveable property from a tenant. undoubtedly the present suit comas .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad942; 31Ind.Cas.104
..... has been caused, and consequently the law must be deemed to have been changed by the later enactment. the fact that the civil courts act is an act applicable only to the presidency of fort st. george, whereas the amending act applies to the whole of india, does not in my opinion affect the question, for the greater contains the less, and the law ..... laid down in the amending act is applicable to madras as well as to other parts of india. the ruling reported as chalasamy ramiah v. chalasamy ramaswami 13 ind. cas. 903 : (1912) m.w.n. 199, ..... to which provision of law should be applied in valuing the suit for purposes of jurisdiction.2. the court fees act was amended by act vi of 1905 and a new category of suits was added to section 7 of the court fees act as clause xi(cc), i.e., for the recovery of immoveable property from a tenant. undoubtedly the present suit comes .....
Tag this Judgment!Court : Chennai
Reported in : AIR1922Mad505; (1922)43MLJ354
..... of a general consideration of the evidence, against authorizing that court to abandon control over the case and leave it to take its chance of an early trial in competition with others of later institution. it is however unnecessary to pursue this assumption further or to consider whether it is reconcileable with the provisions of section 107 and order ..... might have been consistent in some degree with the reference to remand in section 562 in the code of 1882, as for the purpose of 'investigating' and in the amended code of 1888 as for the purpose of 'determining' the suit on its merits; and there was also the omission from the section in the latter of the description ..... suit. there are many instances of such points such as, that a suit is barred by limitation; that the court has no jurisdiction, e.g., under the estates land act; that evidence tendered was not admissible; that on the plaintiff's evidence there is no case for the defendant to answer; in a libel suit, that there is no proof .....
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