Court : Chennai
Reported in : AIR1957Mad798; (1957)2MLJ272
..... exist in order to give the board jurisdiction as cases can be imagined where clearly the board should and must be intended by the legislature to exercise its control. for instance, a temple may be temporarily non-existent because it may have been washed away by a flood or temporarily submerged or may have been burnt ..... namely, premises no. 37-b, vilakkadi koil street, little conjeeveram, chingleput district, is a temple as defined in section 9(12) of the madras hindu religious endowments act. the following facts emerge out of the evidence adduced by both sides. in 1906, one purushotham venkata ramanuja chettiar purchased a house bearing d. no. 37, vilakkadi koil ..... 1948 and for a declaration that the property constituting the subject-matter of this appeal is a temple within the definition of temple in the madras hindu religious endowments act. the learned district judge set aside the order of the board and declared the property to be a public temple. on appeal, mack, j., confirmed the .....
Tag this Judgment!Court : Chennai
Reported in : (1957)2MLJ272
..... exist in order to give the board jurisdiction as cases can be imagined where clearly the board should and must be intended by the legislature to exercise its control. for instance, a temple may be temporarily non-existent because it may have been washed away by a flood or temporarily submerged or may have been burnt ..... namely, premises no. 37-b, vilakkadi koil street, little conjeeveram, chingleput district, is a temple as defined in section 9(12) of the madras hindu religious endowments act. the following facts emerge out of the evidence adduced by both sides. in 1906, one purushotham venkata ramanuja chettiar purchased a house bearing d. no. 37, vilakkadi koil ..... 1948 and for a declaration that the property constituting the subject-matter of this appeal is a temple within the definition of temple in the madras hindu religious endowments act. the learned district judge set aside the order of the board and declared the property to be a public temple. on appeal, mack, j., confirmed the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad16; (1958)IIMLJ330
..... enactment repealed would continue under the new enactment normally. even if that is so, the right to claim damages, under section 48 of the land acquisition act for any act done by government by its officers entering on the land after the section 4 notification, or for the inability to sell the land or erect a building ..... and easily understandable classification. the city improvement trust, a non-profit making quasi-governmental body, is given the privilege of acquiring, lands under the city improvement trust act without having to pay the 15 per cent solatium.11. the next argument of mr. rajah aiyar and others is that, under the city improvement trust aet, reference ..... the madras legi lature, with lessor resources in the state, and has therefore to legislate differently, giving no solatium.secondly, the objects of acquisitions are differ-rent in the three cases, though sometimes they may coincide as it is inevitable, and as they actually do regarding housing schemes, where this court has had .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad8; [1960]30CompCas146(Mad)
..... law in regard to the delegation of legislative powers has now been well settled by the various decisions of the supreme court. in re: article 143, constitution of india and delhi laws act; : [1951]2scr747 , the limits of delegation of legislative powers have been discussed in detail. das j. as he then was pointed out citing cincinnati w. and z ..... respect of a measure and its formulations as a rule of conduct the legislature must declare the policy of the law and the legal principles which are to control any given cases and must provide a standard to guide the officials or the body in power to execute the law. the essential legislative function consists in the ..... out a licence from the reserve bank when it is established. this is partly, necessary in the interests of depositors and partly for giving the reserve bank some control over the banks operating in the country. licences should be freely granted to the already established banks and it would be the business of the licensing authority to .....
Tag this Judgment!Court : Chennai
Reported in : (1959)2MLJ455
..... of legislative powers.13. the law in regard to the delegation of legislative powers has now been well-settled by the various decisions of the supreme court. in re the delhi laws act : [1951]2scr747 the limits of delegation of legislative powers have been discussed in detail. das, j., as he then was, pointed out citing cincinnati w. & z.r ..... respect of a measure and its formulations as a rule of conduct. the legislature must declare the policy of the law and the legal principles which are to control any given cases and must provide a standard to guide the officials or the body in power to execute the law. the essential legislative function consists in the ..... out a licence from the reserve bank when it is established. this is partly necessary in the interests of depositors and partly for giving the reserve bank some control over the banks operating the country. licences should be freely granted to the already established banks and it would be the business of the licensing authority to see .....
Tag this Judgment!Court : Chennai
Reported in : (1962)1MLJ441
..... p. no. 431 of 1959, ramachandra iyer, j., as he then was, considered the applicability of rule 9 of the rules under the madras buildings (lease and rent control) act for restoration of an application for eviction, which was dismissed for default. rule 9(3) is word for word the same as rule 12(3). the learned judge ..... that m.p. no. 2597 of 1959 is not maintainable under the rules framed in pursuance of the rule making power under the madras buildings (lease and rent control) act of 1949. the only rule invoked by the respondent in support of the maintainability of the application is rule 12(3), which is as follows:in any ..... respondent is his tenant in that premises. the respondent filed an application before the rent controller under the madras buildings (lease and rent control) act of 1949 seeking to have fair rent fixed for the said premises. after an enquiry into the matter the controller fixed the fair rent in a certain amount. the petitioner aggrieved by the said decision filed an appeal .....
Tag this Judgment!Court : Chennai
Reported in : AIR1962Mad450
..... special order authorise any subordinate judge to take cognizance of, or any district judge to transfer to any subordinate judge under his control any proceeding under the indian succession act, 1925, which cannot be disposed of by the district delegate'.the terms of the section are clear. it authorises a ..... even assuming that the high court issues a notification under its powers authorising subordinate judges to dispose of applications under part x of the succession act and the government authorises district munsif to grant succession certificate in respect of the same subject matter, there can be to conflict as under s ..... subordinate judge or munsif under his administrative control any contentious proceeding under the indian succession act, 1865 and probate. and administration act, 1881. there was a similar legislative pro-vision in the punjab civil courts act, 1918; the central provinces courts act. 1917 and the bombay civil courts act, 1869, the respective statutory provisions being .....
Tag this Judgment!Court : Chennai
Reported in : (1962)2MLJ318
..... special order authorise any subordinate judge to take cognizance of, or any district judge to transfer to any subordinate judge under his control any proceeding under the indian succession act, 1925, which cannot be disposed of by the district delegates.the terms of the section are clear. it authorises a ..... was rightly decided. further we accept with great respect the observations contained in that judgment regarding the scope of section 29(1) of the madras civil courts act. it follows that the decision in francis v. varghese : (1956)2mlj288 , should be overruled. that decision does not keep alive the distinction between a ..... subordinate judge or munsif under his administrative control any contentious proceeding under the indian succession act, 1865 and probate and administration act, 1881. there was a similar legislative provision in the punjab civil courts act, 1918, the central provinces courts' act, 1917 and the bombay civil courts act, 1869, the respective statutory provisions being .....
Tag this Judgment!Court : Chennai
Reported in : [1963]49ITR39(Mad)
..... is a resident or not is section 4a(b) which runs thus :'for the purposes of this act.....(b) a hindu undivided family, firm or other association of person is resident in the taxable territories unless the control and management of its affairs is situated wholly without the taxable territories ......'in order to ascertain whether ..... of 'resident' as defined in section 4a of the act. to quote the words of viswanathan sastri j. in commissioner of income-tax v. erin estate 'control and management therefore means de facto control and management. the existence of a mere right or power of control and management is not the criterion....it is not what ..... trustee (the receipt whereof the trustee hereby acknowledges) and the indemnity hereinafter contained, the trustee hereby agrees to hand over to the beneficiaries the management and control of the business and other effects belonging to the estate of the said ana mohamed rowther.'this clause is sufficiently clear to indicate that, till the business .....
Tag this Judgment!Court : Chennai
Reported in : (1964)1MLJ359
..... frankly unable to understand how there is any justification for the actions taken by the accommodation controller. the power that is conferred upon the accommodation controller in this regard is contained in section 3(8) of the madras buildings (lease and rent control) act, 1949. under section 3(1) every landlord shall give a notice of vacancy within ..... is certainly not clear if possession was handed over on 20th october, 1957. it is admitted, however, that the tenant made an endorsement on the house rent control application filed by the owner only on 30th october, 1957, and the owner claimed that the premises were vacated to her knowledge only on that date. in ..... the petitioner was found guilty 'by the chief presidency magistrate for failure to comply with section 3(1) of the act, the accommodation controller purported to exercise his powers under section 3(8) of the act.8. the authorities below seem to have ignored the position that at the time of the alleged vacancy certain proceedings .....
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