Court : Chennai
Reported in : (1932)63MLJ142
..... to the offender, although the sentence directs, that in default of payment of the fine, the offender shall be imprisoned.3. in the new code the section has been amended. the word 'distress' has disappeared. it provides two ways for the court to take action - either way may be employed against movable property but against immovable property ..... in the old code the warrant under section 386 runsthis is to authorise and require you to make distress by seizure of any movable property....the warrant in the amended code runsthis is to authorise and require you to attach any movable property....and it is argued that the word 'seizure' has been deliberately omitted. the definition of ..... , without legal process, cattle or goods as a pledge to compel the satisfaction of a demand, the performance of a duty, or the redress of an injury. the act of taking, the thing taken, and the remedy generally having been called a' distress'; an inaccuracy which the older text-writers usually avoided.4. i do not think .....
Tag this Judgment!Court : Chennai
Reported in : AIR1990Mad327
..... . 103, institutes a suit to establish his right to the possession claimed by him. subject to the result of such a suit, the order was conclusive.4. but, the amendment act of [976, though retained sub-rule (1) of r. 97, substituted a new sub-rule (2) in the place of earlier sub-rule (2) and introduced new rr ..... policy of entrusting the determination of all questions including questions as to the title of the concerned party by the executing court. the main feature of the amendments made by 1976 act is that all questions including the question as to the right, title or interest in the property arising between the parties to the proceeding under r. 97 ..... disposal.....'therefore, the courts below in the present case are wrong in dealing with only possessory interest of the obstructor-respondent as it was done earlier prior to 1976 amendment. therefore, a correct legal approach has not been made by the courts below.6. the learned counsel for the respondent no doubt made an attempt to distinguish .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad657; (1924)46MLJ274
..... wherein he revoked the sanction to prosecute the respondents granted by the sub-divisional magistrate of tanjore. the application is under section 195 of the criminal procedure code which has been amended by act xviii of 1923. the old section allowed application to be made by a private party. this has now been abolished by the ..... amended section and no court can take cognizance of any offence punishable under sections 172 to 188 of the indian penal code, except on the complaint in writing of the ..... the judges composing the superior court to which application is made under section 195 (6), cr. p. code. further, i am of opinion that the alterations made by the amendments to the code are merely alterations of procedure. prosecuions for various offences committed in relation to proceedings before public servants or courts are still punishable, but those proceedings are to .....
Tag this Judgment!Court : Chennai
Reported in : (1991)IIMLJ595
..... first sale in the state under entry 163 of the first schedule to the tamil nadu general sales tax act, 1959, with effect from january 28, 1984. however, the tax was reduced to 10 per cent by the tamil nadu amendment act 41 of 1986 with effect from march 17, 1986. the levy of sales tax on the sale of ..... without fear of check or control does not take place. there are procedural safeguards provided to keep watch over the exercise of these powers by the administrative authorities. the amended rule do not vitiate any constitutional provisions. the rules are framed in order to prevent evasion of tax. it is stated that it is the department to seal ..... levy on sale of lottery tickets. while so, in exercise of the powers conferred by section 53 of the act, the tamil nadu government, by g.o. ps. no. 1158, commercial taxes and religious endowments, dated october 20, 1984, effected amendments to the tamil nadu general sales tax rules, 1959, hereinafter referred to as 'the rules', by introducing sub- .....
Tag this Judgment!Court : Chennai
Reported in : [1968]21STC227(Mad)
..... capable of a wide meaning and would well include mineral oils which are not lubricants. but, since these words appear in the context and association of words and the amending act was intended merely to clear the doubt, it appears clear that the words 'all kinds of mineral oils' in the entry bear only a limited meaning, namely, ..... commissioner v. sodra devi : [1957]32itr615(sc) . from that point of view and for that limited purpose, the court may be justified in its effort to construe the amending act in referring to the statement of objects and reasons. in income-tax commissioner v. sodra devi : [1957]32itr615(sc) , itself this was stated in these terms :what was ..... intended to be done by the legislature in enacting this amendment may be gleaned to a certain extent from the statement of objects and reasons appended to the bill which eventually became the amending act.8. the statement of objects and reasons for madras act vii of 1964 appears to be that because a doubt had been raised .....
Tag this Judgment!Court : Chennai
Reported in : (1977)1MLJ485
..... 's husband died undivided on 3rd march, 1940. since her husband had died prior to the coming into force of the hindu women's rights to property amendment act (madras act xxvi of 1947) she would be entitled to a share in the non-agricultural properties and also a right of maintenance with a charge over the agricultural properties ..... seen from the above narration of the facts the husband died undivided on 3rd march, 1940. we are here confronted with the case where the husband died before the amendment act xxvi of 1947. an identical situation arose in sarojini devi v. subramanian : air1944mad401 . where a widow claimed maintenance in addition to a share in non-agricultural ..... even assuming it to be so, they cannot form part of the agricultural properties. lastly, it is contended that the husband of the plaintiff having died before the amendment act xxvi of 1947, viz., on 3rd march, 1940, it will be open to the plaintiff to claim a partition in respect of non-agricultural properties and claim a .....
Tag this Judgment!Court : Chennai
Reported in : (2008)5MLJ78
..... the suit property , eviction petition cannot be filed in view of the prohibition made in section 10 of the tamil nadu buildings (lease and rent control) act 18 of 1960as amended by act 23 of 1973. in view of the fact that the judgment debtor was running a school the eviction petition that has been filed by the mother of the ..... competent court of law.(x) there is irregularities in filing her impleading petition e.a. no. 48 of 2003 in e.p. no. 12 of 1993 and the amendment petition e.a. no. 115 of 2003 in e.p. no. 12 of 2003 and hence impleading mrs.n.krishnaveni as legal representative of the deceased decree holder is not maintainable. 18. as ..... by the present decree holder for impleading herself as legal representative. in fact, the decree holder filed a consequential application for amendment in e.a. no. 115 of 20203 and the same was allowed on 07.10.2003. review application filed against the said order by the judgment debtor along with an application to condone the delay was also dismissed .....
Tag this Judgment!Court : Chennai
Reported in : 91Ind.Cas.388
..... , the learned judges, ramesam and wallace express their view that the new cr.p.c. amending act does not affect the complaint filed under the act before the amendment. in cr.m.p. no. 606 of 1924 it was held by krishnan, j., that 'the amendment of the cr.p.c. did not affect complaints already filed on sanction properly obtained. section ..... individual under the old code and the charge framed against him should now be considered had in law, because of an alternation in the procedure laid down by the amended code. the learned vakil for the petitioner has relied upon two decision of the is court, namely nataraja pillai v. rangaswami pillai : air1924mad657 and sesha aiyar v. ..... --which is really the contention of the petitioner--is not a conclusion which appears to me justified either in law or in common sense. the consequence of an amendment of procedure is not that all matters properly begun under the old procedure collapse and have to be begun again under the new procedure, but that they shall .....
Tag this Judgment!Court : Chennai
Reported in : 2008(121)ECC9; 2008(157)LC9(Madras)
..... oriented undertaking as approved by the board. the table appended to the notification included 12 described goods which included raw materials also.5. subsequently, the said notification was amended by notification no. 188 / customs - 93 dated 27.12.1993 when imported to india for the use in an integrated acquaculture farm in connection with its operational requirement ..... certain life-saving and sight-saving articles manufactured in the country and once this intention is clear from the subsequent notifications issued under section 5-a of the act of 1995, we do not see any reason why we should take a narrow view to confine the two items produced by the appellants to entry 3005.90 ..... as may be specified in this behalf by the development commissioner, on payment of duty of excise leviable on such articles under section 3 of the central excises and salt act, 1944 (1 of 1944).7. once again, by a notification no. 196/94, similar exemption was given. in paragraph 9, it is stated as follows:(i) .....
Tag this Judgment!Court : Chennai
Reported in : (2009)1MLJ18
..... was drawn to the fact that larger number of establishments viz., out of 1675 establishments for which standing orders were certified, 1631 establishments did not amend the standing orders to provide for payment of subsistence allowance to the employees during the period of their suspension. it was felt by the government ..... department, dated 12.03.2000. factually also, while he was put under suspension on 19.03.2002, he was paid subsistence allowance till 31.03.2003 but, the same was stopped thereafter.21. in the light of the above discussion as to the entitlement of subsistence allowance belonging to the common cadre ..... the employees employed in the industrial establishments, during the period of their suspension pending inquiry. in other words, by the enactment of the subsistence allowance act, the government contemplated payment of a unique subsistence allowance, without there being any disparity among the industrial establishments in payment of subsistence allowance to their respective .....
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