Court : Chennai
Reported in : (1948)1MLJ295
..... . even then, the whole of this provision was not in existence. the words, ' save where the complaint has been made by a court' were inserted only by an amending act (act ii of 1926). for the purpose of the present case this addition to the proviso is immaterial. what we have to find out is whether on the proviso as it ..... order any inquiry under section 202(1).8. the unamended proviso contained the words, ' where such examination is prescribed by the code ' and they were purposely omitted by the amendment. if these words had been there, it could have been successfully contended that there was no obligation upon the court to examine a complainant on oath where the magistrate is ..... proviso has been dispensed with in the case of a presidency magistrate. that this view is correct is seen from the report of the joint committee on the bill to amend the code of criminal procedure, published in the gazette of india, part v, dated 9th september, 1922, page 256 at 260, where it is stated as follows:we .....
Tag this Judgment!Court : Chennai
Reported in : (1962)1MLJ254
..... three years immediately preceding the date of the order. the principal contention of the landlord in the present case is accordingly that under the conditions now set down by the amended act, the court has to decide two matters : firstly, determine the minimum extent of land which the tenant could be granted a sale of, and secondly, fix the ..... in possession of to him, and secondly the price was to be computed at the lowest figure during the preceding seven years. in both of these aspects, the amending act made changes. while confirming the right of the tenant to protection in the sense that the land he was in occupation of was to be sold to him, the ..... the unamended provision fixed it at. it is contended on behalf of the tenants that these valuable rights which were conferred upon them by the old act would be affected adversely by the amending act and for that reason, it is urged that retrospective operation cannot be given to the new provisions. the question is whether this view is correct. .....
Tag this Judgment!Court : Chennai
Reported in : AIR2000Mad279
..... divided, as they are entitled to the balance share, namely, 82.502% in the suit properties and underthose circumstances, itwill be in the interests of justice to amend the preliminary decree declaring their shares also, especially when the shares of the applicants were admitted and the shares of the respondent had already been determined.10. opposing the ..... of court-fee in a suit for partition and separate possession by a plaintiff, who is in joint possession of such property.13. section 37(3) of the act indicates that if, at the time of filing the written statement, the defendant claims partition and separate possession of his share of the property, then court-fee ..... of the said share.8. along with this application, the applicants/defendants paid the court-fee under sections 37(3) and 35 of tamil nadu court-fees and suits valuation act. 1955 (rs. 150 + rs. 750 = rs. 900).9. according to the learned senior counsel appearing for the applicants, if the respondents' share is divided in .....
Tag this Judgment!Court : Chennai
Reported in : 1995(1)CTC521; (1995)IIMLJ357
..... within the jurisdiction of the court below in which it was initially wrongly instituted and consequently the action f the court below in declining to consider the application for amendment and returning the plaint is quitein order.6. no doubt, the various decisions relied upon by the learned counsel for the respondent categorically lay down the proposition ..... assess the market value of the property for purpose of court-fee also even considering that the liability- to pay court-fee arises under section 24(b) of the act.8. the revision is allowed with consequential directions as noticed supra. no costs. consequently, cm.p. nos. 17134 of 1994 and 17357 of 1994 are dismissed as ..... of court fees and jurisdiction and mat a court fee of rs. 2,831.85 is paid under section 25(b) of tamilnadu court-fees and suits valuation act. the plaintiff has sated in the affidavit filed in support of the said application in the court below that originally the village administrative officer gave a certificate that .....
Tag this Judgment!Court : Chennai
Reported in : [1999]239ITR23(Mad)
..... was confirmed, on appeal, by the commissioner of income-tax (appeals).2. the appellate tribunal, on appeal by the assessee, however, held that the amendment made by the finance (no. 2) act, 1977, with effect from april 1, 1978, was retrospective in character and the investment allowance was available for machinery installed on or after march 51, ..... high court in cit v. valliappa textiles ltd. : [1988]172itr168(kar) .5. we hold that the view of the appellate tribunal that the amendment made by the finance (no. 2) act, 1977, enlarging the scope of section 32a in retrospective operation would apply even for the assessment year 1977-78 is plainly erroneous in law. the ..... , the assessee had not manufactured any of the articles specified in the ninth schedule to the act. the ninth schedule was substituted by the eleventh schedule in section 32a of the act by a subsequent amendment made by the finance (no. 2) act, 1977, with effect from april 1, 1978. he, therefore, held that the assessee was .....
Tag this Judgment!Court : Chennai
Reported in : 2007(3)ARBLR218(Madras); (2007)3MLJ1
..... terminal was propounded by the government of india. the concession agreement entered into between chennai port trust and chennai container terminal contains a clause that any amendment, addition or variation to the agreement shall be followed and binding only if the same are mutually agreed upon by the parties and approved by the ..... ministry of shipping. government of india has control over the entire properties entrusted to the port trust. the various provisions found in the major port trusts act, 1963 would disclose that the government of india has all pervasive control over the functioning of various ports including chennai port trust. the entire supervision rests ..... arbitral proceedings or in the further proceedings that culminated from the arbitral award. referring to various authorities arising under section 9 of the arbitration and conciliation act, 1996, the learned senior counsel would submit that union of india has no locus standi to come on record in the original petition filed by .....
Tag this Judgment!Court : Chennai
Reported in : (1999)IILLJ766Mad
..... to augment the revenue of the corporation to cover up the gap which had occurred in rendering the services to the employees already covered under the act even prior to the amendment and, therefore, it constituted abuse of the rights conferred upon the rule-making authority to determine the ceiling of income or wages for coverage from ..... dated december 23, 1996, has been issued in exercise of the powers of the central government under section 95 of the employees' state insurance act, 1948 (hereinafter referred to as 'the act'), introducing several amendments of which the one with which we are concerned is in respect of rule 3(1) of the employees' state insurance (central) (second ..... (supra), do not in any way undermine the competency of the rule-making authority in this regard to make the amendment providing for an enhanced wage limit, so as to bring within the scope of the act and the scheme made thereunder, a large number of persons, as long as the rules or regulations in question fall .....
Tag this Judgment!Court : Chennai
Reported in : 2007(2)CTC577; (2007)5MLJ897; (2007)7VST367(Mad)
..... such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest:provided that no bill or amendment for the purposes of clause (b) shall be introduced or moved in the legislature of a state without the previous sanction of the president.14. in g.k ..... its business and paying not patently much more than what is required for providing the facilities.18. in jindal stripe ltd. (1) v. state of haryana : (2003)8scc60 a two-judge bench referred the matters to a larger bench as the bench hearing the matters doubted the correctness of the views expressed in bhagatram rajeevkumar v. cst ..... by the state government. goods liable for levy of tax under the act on entry in the specified local areas at the specified rates are those set out in the schedule annexed to the act. section 15 of the act contains power of the state government to amend the schedule and armed with that power the state government issued various .....
Tag this Judgment!Court : Chennai
Reported in : [2002]112CompCas7(Mad); (2002)3MLJ39
..... above that it is almost identical to clause 9 extracted supra. the division bench considered whether such a condition was void and also whether the amended s. 28 of the contract act would apply whereunder extinction of right unless exercised within a specified period of time if not beyond the period of limitation has also been rendered ..... limitation period has been made impermissible. the division bench held that in the absence of any specific reference in the amended provision of the indian contract act 1977, it is presumed to be prospective and since the act came into effect on 18-12-1997 it would apply prospectively and also that the above clause 19 of the ..... ganesh nayak & co. the claim was made in respect of 'loss due to riot and strike' endorsement in the policy. the supreme court held as follows: 'contract act(9 of 1872), s. 28 contract nsurance clause in policy providing shorter period than prescribed by law for filing of claim from occurrence contract covering losses due to riot and .....
Tag this Judgment!Court : Chennai
Reported in : 2005(5)CTC81; (2006)1MLJ134
..... . no. 13122 of 1994, the petitioner, claiming to be the hereditary trustee of devanarayanaswamy devasthanam, seeks for a declaration that the amendment act 30 of 1994 amending the tamil nadu hindu religious and charitable endowments act 1959 as ultra vires the constitution.2. in w.p. no. 13046 of 1998, one chinnasamy had sought for a mandamus to ..... dispose of these writ petitions with the following observations:(i) w.p. no. 13122 of 1994 is allowed and the tamil nadu amendment act 30 of 1994 to the hindu religious and charitable endowments act 1959 is declared as ultra vires the constitution;(ii) in w.p. no. 13046 of 1998 respondents-1 to 3 are ..... scope of this writ petition, namely, the constitutional validity of amending act 30 of 1994 whereby, section 26 of the tamil nadu hindu religious and charitable endowments act was amended, barring non-citizens to be qualified to be trustee(s) of any religious institution under the act. it is sufficient to state only the facts relevant to the .....
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