Court : Chennai
Reported in : (1967)2MLJ81
..... presumed that the rights vested in landlord can be curtailed by mere surmises? 'landlord' is of course different from the 'landlord's son'. the expression 'son', added on in the amending act xviii of 1960, in my opinion, has been so added, so that a son who may or may not be a dependant on the father or mother as the case ..... act xviii of 1960, if it were to be interpreted as a rigid and inelastic word. at this stage the decision of ..... the decision reported in kolandaivelu chettiar v. koolavana chettiar (1961) 1 m.l.j. 184 was given under the old act. while respectfully agreeing with the interpretation given by venkatadri, j., in the above case, i would add that it would be indeed delimiting the fair sense and meaning of the word 'landlord' in section 10(3)(a)(iii) in the new .....
Tag this Judgment!Court : Chennai
Reported in : 1968CriLJ256
..... and without any delay. after watching the progress of the working of the prevention of corruption act of 1947, parliament enacted the criminal law amendment act of 1952.4. in order to deal with the question whether the power of the district magistrate to order investigation should be delimited within any particular area or local jurisdiction, it is necessary to have a precise idea ..... 5-a cannot be equated to the special judge functioning under the criminal law amendment act of 1952. the inference is therefore irresistible that under the scheme of section 5-a, there is no warrant for introducing the notion of magistrate having competency to try the offender or delimit the area. the sole object underlying section 5-a is that the delinquent officer .....
Tag this Judgment!Court : Chennai
Reported in : (1968)1MLJ318
..... mr. k.k. venugopal on the validity of the rules may be summarised thus. an election consists of seven stages : (1) prescribing qualifications for a votor; (ii) delimitation of wards or constituencies; (iii) preparation of electoral rolls; (iv) qualifications and disqualifications of candidates; (v) manner or method of election; (vi) machinery for the conduct ..... of, or comprise, the village or town or any portion of the said village or town have beer, published, revised or amended in pursuance of the representation of the people act (xliii of 1950) any person authorised by the prescribed authority in this behalf shall publish in such manner as the government may ..... at an election.explanation....section 21 provides for the correction of electoral roll of the panchayat by the prescribed authority, after making enquiry and publishing amendments to the electoral roll for the purpose of bringing it into accord with the electoral roll for the relevant assembly constituency. section 22 relates to .....
Tag this Judgment!Court : Chennai
Reported in : [1965]16STC62(Mad)
..... the question of the proper interpretation of the provisions of sections 4 and 5, it is necessary to briefly advert to the prior legislative background, before the constitution sixth amendment act of 1956.5. the power of the state to levy sales tax was made subject to the limitations contained in article 286 of the constitution. there was sharp ..... a plurality of next leading to the inevitable evil of multiple taxation. the legislature has solved difficulties and problems by using adequate language in section 4 to define and delimit the positive concept of a sale inside the state, as well as the negative concept of a sale outside the state.15. i am clearly of the opinion ..... 434 and the second travancore case [1953] 4 s.t.c. 205. it was naturally realised that. article 286, as it then stood, which contained provisions merely delimiting the jurisdiction of the states to levy sales tax, did not serve the real purpose, and that, in the interests of uniformity and in view of the great importance of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1963Mad175; (1963)IMLJ46
..... there anything by way of implication to show a retrospective operation? the learned judges referred in this connection to the provision contained in section 1(2) of the amending act showing that it was not intended to come into force immediately but on a date to be notified by the state government and observed that the postponement clause in ..... the high court which the parties had on the date when the application for delivery of possession was filed, has been taken away expressly or by necessary intendment by the amending act 17 of 1956. 12. the precise question came up for consideration in : (1957)2mlj250 . that case was heard by rajamannar c. j. and panchapakesa ayyar j. ..... 10-1956. by section 2 the words rs. 10,000 stand substituted for the words rs. 5000 in section 13 of the civil courts act. 6. section 1 of the amending act states that 'the act shall come into force on such date as the state government may by notification appoint.' 7. the state government by a notification dated 3-1 .....
Tag this Judgment!Court : Chennai
Reported in : [1959]35ITR549(Mad)
..... the assessee has been subjected to income-tax. section 49d regulates the grant of relief in the absence of such reciprocal arrangements. section 49d as it now stands was amended by act 25 of 1953. but it should be remembered the it is not the provisions of section 49a or 49d as they now stand that the petitioner can invoke with reference ..... of making the provisions of section 48 and section 50 applicable to a claim for relief under the 1936 order. the claim for relief under the 1936 order defined and delimited the right of the assessee. rules 40a and 40b provided the machinery for the enforcement of that right. no period of limitation was imposed. the orders of the departmental authorities ..... it is not section 49a as it not stands that determines the claim of the petitioner. section 49d, as it was enacted in 1939, was in force till it was amended by act 25 of 1953 with effect from 1st april, 1952. section 49d as it stood in the year of assessment 1947-48 ran : 'if any person who has paid by .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad817; (1941)2MLJ125
..... before the present constitution act was passed in 1935 that a local legislature had power to make laws affecting the prerogatives of the crown. ..... british india or for any federated state and a provincial legislature may make laws for the province or any part thereof,and section 100 defines and delimits the respective jurisdictions of the federal and the provincial legislatures with reference to the subject-matter of legislation. the legislative authority thus conferred is subject only ..... examination of the relevant provisions of that act--see bell v. the municipal commissioners for the city of madras : (1902)12mlj208 . the matter was however placed beyond doubt by section 84 (1) (a) of the government of india act, 1915, as amended by the government of india (amendment) act, 1916, and it was settled law .....
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad890; (1940)2MLJ170
..... . the application is opposed and it is necessary to set out the course of events preceding the order of the learned judge and to examine the provisions of the act and the amendments which have been made to the code of civil procedure by the government of india (adaptation of indian laws) order, 1937.2. on the 21st november, 1934, ..... references to his majesty shall be construed as references to the federal court:provided that(a) so much of the said sections as delimits the cases in which an appeal will lie shall be construed as delimiting the cases in which an appeal will lie without the leave of the federal court otherwise than on the ground that a substantial ..... question of law as to the interpretation of the said act, or any order in council made thereunder, has been wrongly decided.(b) in determining .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad757; 120Ind.Cas.567
..... now order xxi, and both rules 97 and 100 were in chap. xix as sections 328 and 332. with this privy council decision before them, the framers of the amended code made no substantial change in the general wording of section 647 beyond omitting the explanation, which was unnecessary in view of the privy council decision, and re-enacting section ..... is not a code conferring powers on a court but is a code restricting and delimiting its unlimited powers. to such a view we cannot subscribe. it would allow the court to do any act whatever provided there was no provision in law directly prohibiting that act being done and would in effect put the court above the written law altogether. the ..... . 377 : 10 l.w. 606 : (1920) m.w.n. 19, that, in the case of setting aside ex parte decrees, the court has no inherent power and can only act under order xi, rule 13. it would be surprising if, in the matter of execution, the court has inherent powers which it does not possess in the case of a .....
Tag this Judgment!Court : Chennai
Reported in : (1929)57MLJ381
..... now order 21, and both rules 97 and 100 were in chapter xix as sections 328 and 332. with this privy council decision before them, the framers of the amended code made no substantial change in the general wording of section 647 beyond omitting the explanation, which was unnecessary in view of the privy council decision, and re-enacting section ..... is not a code conferring powers on a court but is a code restricting and delimiting its unlimited powers. to such a view we cannot subscribe. it would allow the court to do any act whatever provided there was no provision in law directly prohibiting that act being done and would in effect put the court above the written law altogether. the ..... a full bench in neelaveni v. narayana reddi : (1919)37mlj599 that, in the case of setting aside ex parte decrees, the court has no inherent power and can only act under order 9, rule 13. it would be surprising if, in the matter of execution, the court has inherent powers which it does not possess in the case of a .....
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