Court : Chennai
Reported in : 36Ind.Cas.524
..... the forum will be the same in both cases.7. the only other point that need be mentioned is the suggestion that section 12 of the letters patent controls section 18. i see no force in this contention. the two jurisdictions are separately dealt with in the letters patent and there is no reason for importing into ..... the observations of lord selborne in ellis v. silber (1872) 8 ch. app. 83 : 21 w.r. 346 relating to section 72 of the repealed bankruptcy act were strongly relied on. these observations must not be understood as negativing the suggestion that the ordinary courts should, under no circumstances, entertain a claim where the bankruptcy, court ..... section. the expression all other questions whatsoever' expands rather than curtails the jurisdiction already possessed. reference was made by mr. tirunarayanachariar to section 36 of the new act as pointing to a limit on the powers of the court. that section empowers the insolvency court to summon any person known or suspected to have in his .....
Tag this Judgment!Court : Chennai
Reported in : 49Ind.Cas.758
..... you went there. hereafter you should engage yourself only in the work of collection, but if you were to be advancing more and more, things would get beyond control and our business would suffer.' the letter said further that the principals intended to send an agent even within the period of his agency but as the defendant had ..... feel convinced that the defendant has kept back information and has not acted towards his principal in a straightforward manner. the repeated requests of the principal that the aindugais should be sent have been ignored by the defendant. the last but ..... 31 lnd. cas. 216, such principles have been applied in the case of chetty agents. i think the whole subject requires re-consideration. section 211 of the contract act suggests that if the directions of the principal are disregarded the loss consequent upon such conduct must be made good by the agent to the principal.9. further, i .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad157; (1929)56MLJ458
..... adjudication puts an end to the insolvent's state of insolvency, it does not, in cases such as are contemplated by section 37 where the court still retains control of the insolvent's assets, put an end to the insolvency proceedings within the meaning of section 28, that all creditors named in the insolvency petition schedule are ..... relates to any debts entered therein. section 37 is in these terms:where an adjudication is annulled, all sales and dispositions of property and payments duly made, and all acts theretofore done, by the court or receiver, shall be valid; but, subject as aforesaid, the property of the debtor who was adjudged insolvent shall vest in such ..... discharge was on his application extended from time to time till 2nd march, 1925. on that date the insolvent filed a petition under section 38 of the provincial insolvency act, 1920, submitting for the approval of the court a proposal for a composition in satisfaction of his debts. the main terms of the proposal were : (1) the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad1056; 159Ind.Cas.929
..... aggregate period of not less than sixty days in the half year and sub-section (4) of that section provides that every person having possession, custody or control of any taxable carriage or animal within the municipality shall be presumed to have 'kept' the same within the municipality for sixty days in the half year. ..... all the cars belonging to the two services; and he consequently cancelled the license so far as the suit buses were concerned. section 78, makdras district municipalities act, empowers every municipal council to levy a tax on (d) carriages and animals. section 93 provides that the tax on carriages and animals shall be a ..... cancelled by the chairman. this question depends upon whether the petitioners obtained the license by misrepresentation or fraud and whether section 321 of the madras district municipalities act applies to cases of licenses granted in respect of motor vehicles. if that section applies, then the question is whether there was any misrepresentation or fraud on .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad387
..... government encouraged only yarn merchants of long standing and experience. on 16th february 1943, a further order was passed revoking the previous order, known as the madras yarn (dealers) control order, 1943. it repeats a good deal of what was in the earlier order, especially with regard to the definition of a dealer, namely 'a person who sells, ..... a form known as form b. evidently the government desired to control the sale and distribution of yarn and restricted sales to persons who were duly licensed. on ..... yarn in madras. under section 2 (1) (a), defence of india act, the government is empowered to make rules. under rule 81 (2) the yarn control order was made on 1st august 1942. this order prohibited the sale of yarn by persons other than the persons acting on behalf of a cotton spinning mill or persons having a licence in .....
Tag this Judgment!Court : Chennai
Reported in : (1945)2MLJ295
..... case could be applied to the facts of this case, and applying the same, i find that in the absence of any provision in the newspaper control order of 1944 in respect of acts which are offences under the superseded order and which have become offence liable to be proceeded against the offender could be proceeded against and punished as it ..... on those dates.5. the prosecution in this case was laid only on 28th october, 1944. by that time the newspaper control order of 1942 had been superseded and a new order had been promulgated under which the act of the appellant would not constitute an offence. in the order of 1944 which superseded the old order, there is no ..... to which they are said to apply are the defence of india rules, whereas the newspaper control order is not a rule made under the defence of india act. but then even if the general clauses act shall not apply to the interpretation of the newspaper control order by reason of section 3 of the defence of india rules, still the general .....
Tag this Judgment!Court : Chennai
Reported in : AIR1947Mad325; (1947)1MLJ98
..... province with respect to any of the matters enumerated in the provincial legislative list under the provisions of section 102 of the government of india act, and this section restricts or controls the power in two ways. first the power can only be exercised after the governor-general has declared by proclamation that a grave emergency exists ..... shall cease to have effect on the expiration of a period of six months after the proclamation has ceased to operate. the defence of india act and so the cotton cloth and yarn (control) order, made under it have ceased to have effect within the prescribed period. sir alladi krishnaswami was indeed inclined to argue that ordinance ..... which can be made in respect of the termination of orders made under the defence of india act and relating to matters enumerated in the provincial list are controlled by sub-section (4) of section 102 of the government of india act ; and that being so, the validity of sir alladi's contention will depend on the construction .....
Tag this Judgment!Court : Chennai
Reported in : 1949CriLJ843
..... district magistrate of malabar passed an order dated; 22nd april 1948 directing the detention of the applicant under section 2 (l) (a), madras maintenance of public order act, 1947 (madras act,,. 1 [l] of 1947). the order was served on the; petitioner on 23rd april 1948. at the time of the passing of the order, the petitioner was ..... 1948 he was detained by an order of the district magistrate, malabar, purport-ing to be under 8. 2 (l) (a), madras maintenance of public order act, 1947 (madras act i [l] of 1917) in the vellore central jail, that order was dated 22nd april 1948 on llth may 1948 on an application by the petitioner, the high ..... section 8 empowers the constitution of advisory councils for scrutinising and reporting on the propriety of the detention in individual cases. it will therefore be seen that the act itself provides safeguards against abuse of such unlimited power and also gives an opportunity to the detenu to make adequate and proper representations in time to prevent grave .....
Tag this Judgment!Court : Chennai
Reported in : (1949)1MLJ280
p.v. rajamannar, c.j.1. on the respondent's application under the madras buildings (lease and rent control) act, 1946, the additional rent controller, madras, passed on 30th march, 1948, an order for eviction against the petitioner. the respondent took out proceedings to execute the order and went with the bailiff to take delivery ..... the above letter. the learned judge upheld the objection and dismissed the appeal as not maintainable. he held that in that letter the petitioner had accepted the order of the rent controller and that it was not open to him thereafter to impeach it by filing an appeal, in other words, that he could not be permitted to approbate and reprobate. ..... can have no bearing whatever on the facts of this case.7. as in our opinion the petitioner did not elect by his conduct to treat the order of the rent controller as final and had not either expressly or impliedly abandoned his right of appeal, the learned judge of the court of small causes was clearly in error in holding .....
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ310
..... he was a person of 'hostile associations' within the meaning of clause (1-a) of the regulation and that by reason thereof, it was necessary to exercise control over him. by clause (3) of the regulation the detenu was given a right of appeal to an advisory committee constituted under the 'regulation on the lines of ..... power of detention and passing an initial order therefore, the provincial government or its duly empowered delegate, must be satisfied that a person is acting or about to act or likely to act in a manner prejudicial to public safety or the maintenance of public order. this is a fundamental requisite essential to give jurisdiction to the ..... in the proceedings connected with such a detention. (1) satisfaction of the provincial government or its delegate empowered unser section 15, that a person is acting or about to act or likely to act in any manner' prejudicial to public safety or the maintenance of public order [section 2(i)]. (2) order directing the detention of such a .....
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