Court : Chennai
Reported in : (1892)ILR15Mad268
..... upon this question we are referred by the learned counsel for the appellant to the last clause of the definition of notice in the transfer of property act, section 3--'a person is said to have notice of a fact when he actually knows that fact or when, but for wilful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known ..... the appellant's counsel relies on section 101 of the transfer of property act as keeping the mortgage of 1879 alive for the benefit of the ..... we should therefore hold that, under section 78 of the transfer of property act, apart from the question of fraud, the second defendant having been guilty of gross neglect in allowing the title-deeds to be out of his possession and thereby allowing the plaintiff company to be induced to advance money ..... but it is argued that the words ' gross neglect ' in section 78 of the act must be understood in the limited sense in which they are used in the english decisions on the ..... not prepared,however, to hold that the words 'gross neglect' in section 78 of the transfer of property act must necessarily be read by the light of the english decisions. ..... decisions upon section 78 of the transfer of property act in the madras hindu union bank v. c. ..... under which this question has to be decided is unquestionably section 78 of the transfer of property act, for the inducing the plaintiff company to advance money on the security of the property in question took place after the act came into force. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad288; 29Ind.Cas.237
..... this view was acted on in this presidency for a long time until the decision of the judicial committee was reported in haji ashfaq husain v. ..... even after the pronouncement in the full bench case, doubts arose regarding the applicability of article 179 of the limitation act (act xv of 1877). ..... the result of these decisions of the judicial committee may be thus summed up: (1) the preliminary decree passed under section 88 of the transfer of property act is executable. ..... on appeal the district judge held that the present application must be treated as one in execution of the decree and that article 181 of the limitation act applied to it.2. mr. s. ..... 408 their lordships held that an application for an order absolute regarding a preliminary decree passed on the original side of the high court was governed by article 182 of the limitation act. ..... of the limitation act.4. ..... in arriving at this result the learned judges were largely influenced by the language of sections 88 and 89 of the transfer of property act. .....
Tag this Judgment!Court : Chennai
Reported in : (1990)1MLJ252
..... 1985 as that matter was purely between the mutt on the one hand and the state of tamil nadu on the other regarding the applicability of the provisions of the act referred to earlier and that if the association or its members were in any manner aggrieved, it was always open to them to pursue such remedies as are available under ..... it is thus seen from the principles laid down in the afforesaid decisions that where the question is one of applicability and implementation of the provisions of the act, as in the case the tamil nadu private colleges (regulation) act, 1976, it is for the state to take the necessary steps for such application or implemenation, in which private persons or even an association of persons, who are likely to be the ..... the court below has proceeded on the footing that some rights available to the members of the association under the provisions of the act are likely to be affected, if the association is not permitted to prefer the appeal or get itself impleaded as a party to the appeal preferred by ..... the reliefs prayed for in the suit against the state of tamil nadu, which alone can implement and give effect to the provisions of the act in so far as the eductional institutions run by the mutt are concerned, the association cannot be considered or regarded as a person interested in the application of the provisions of the act to justify its being impleaded, as a party to the appeal preferred by the state or the grant of permission to prefer an independent appeal .....
Tag this Judgment!Court : Chennai
Reported in : AIR1939Mad421; (1939)1MLJ588
..... against any member or servant of such board or panchayat or against any person acting under the directions of such local board or panchayat or of a member or servant of such board or panchayat, on account of any act done, or purporting to be done, in pursuance or execution or intended execution of this act, or in respect of any alleged neglect or default in the execution of this act until the expiration of one month next after notice in writing shall have ..... 'unless it is an action for the recovery of immovable property or for a declaration of title thereto' in sub-section (3) of the act of 1897 would seem to be that when the section was amended the legislature was prepared to accept the view taken by the bombay high ..... (4) no action shall be brought against the president of a local board or chaii man of a panchayat on account of any act done in pursuance or execution or intended execution of this act, or in respect of any alleged default on his part in the execution of this act, if such act was done or if such default was made in good faith; but any such action shall, so far as it is maintainable in a court, be brought against the local board ..... read as follows:no action shall be brought against any local board, or any of their officers, or any person acting under their direction, for anything done or purporting to be done under this act until the expiration of one month next after notice in writing shall have been delivered or left at the office of the local board, or at any place of .....
Tag this Judgment!Court : Chennai
Reported in : (1985)IILLJ364Mad
..... such as the dismissing authority in departmental proceedings, does not violate any rule of law or any other principle of law, when it chooses to ignore the findings of the criminal court and decides to act on the evidence led before him, and ultimately comes to the conclusion that such a police officer is not fit to be retained in service in spite of his acquittal by the criminal court. ..... , such as 'the dismissing authority in departmental proceedings does not violates any rule of law or any other principle of law, when it chooses to ignore the findings of the criminal court and decides to act on the evidence led before him, and ultimately comes to the conclusion that such police officer is not fit to be retained in service in spite of his acquittal by the criminal court. ..... the appellant (hereinafter called the management) charge-sheeted the 1st respondent herein, an employee under the appellant (hereinafter referred to as the workmen), for an alleged act of stone throwing at the show room of the management on mount road, madras and called upon the workman by issuing a charge memo on 12th february, 1974 to show cause why disciplinary action should ..... however, the labour court came to the conclusion that since the workman was acquitted in criminal proceedings, for the very same alleged act of throwing stones at the show room of the management, it is not open to the enquiry officer to come to a different conclusion in the domestic enquiry and, therefore, the report of the enquiry .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad55; 129Ind.Cas.225; (1931)60MLJ456
..... i may observe--and this has been pointed out in the english decisions--that the exemption is not mentioned in the act but it came to be recognised as a result of the decisions of courts, these decisions, however useful they are in understanding the meaning of the term in a general sense, do not interpret the expression as used in any ..... the facts of that case showed thatthere was on the part of the club, according to the true construction of their act, a beneficial enjoyment of the land beyond that of the general public, and a pecuniary interest in the surplus, rents, and profits of the racecourse, after providing for its maintenance and use (see the head- ..... under this section if the municipality issues a notification under section 50 of the act it has the power to levy a tax on buildings or lands or both within the municipality (referred to as property-tax in the subsequent act, that is act v of 1920) unless the buildings or lands fall within the exceptions mentioned in clauses (a), (b) and ..... secretary of state : (1911)13bomlr1097 in which it was held that resumption by the government 'to provide accommodation for government officers' of land leased to a lessee fell within the meaning of the expression 'public purpose' as used in the contract between the parties ..... secretary of state : (1911)13bomlr1097 , in english decisions interpretations of the term 'public purposes' are not uniform and it is difficult to extract any general principle from them applicable to all cases alike. .....
Tag this Judgment!Court : Chennai
Reported in : (1986)1MLJ426
..... , such as the dismissing authority in departmental proceedings, does not violate any rule of law or any other principle of law, when it chooses to ignore the findings of the criminal court and decides to act on the evidence led before him, and ultimately comes to the conclusion that such a police officer is not fit to be retained in service in spite of his acquittal by the criminal court. ..... such asthe dismissing authority in departmental proceedings, does not violate any rule of law or any other principle of law, when it chooses to ignore the findings of the criminal court and decides to act on the evidence led before him, and ultimately comes to the conclusion that such police officer is not fit to be retained in service in spite of his acquittal by the criminal court. ..... the appellant (hereinafter called the management) charge-sheeted the 1st respondent herein, an employee under the appellant (hereinafter referred to as the workman), for an alleged act of stone throwing at the show room of the management on mount road, madras and called upon the workman by issuing a charge memo on 12th february, 1974 to show cause why disciplinary action should ..... however, the labour court came to the conclusion that since the workman was acquitted in criminal proceedings, for the very same alleged act of throwing stones at the show room of the management, it is not open to the enquiry officer to come to a different conclusion in the domestic enquiry and, therefore, the report of the enquiry .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad1101; (1954)IIMLJ639
..... liability became embodied in a joint and several decree, as in the present case the rights 'inter se' between the judgment-debtor should be determined and regulated by section 43 of the indian contract act, and that the rules regulating action between partners should either be held inapplicable to such cases, or held modified so as to effectuate justice being done between them.for this position he placed reliance ..... fresh cause of action to the other partner which could be put in suit, notwithstanding that a suit for general accounts by the plaintiff was barred under article 106 of the limitation act.in answer to the plea of the defendant that if the accounts were taken, the plaintiff would be found owing to the defendants, the learned judges said that the defendant might be at ..... sums, which might be due from him to the defendant.the learned judge also held that though a suit for general partnership account being taken was barred by the limitation act, there was still a right in a partner to sue the other partners for his share of the assets of the partnership, for which the period of limitation would be ..... where it appears that the liability arose in 1908 and the firm dissolved in 1908 as the right to an account was barred by 1911 if a partner is made liable by a decree passed in 1919 for the whole of the debt he has no right to claim, ..... of any particular asset or for contribution in respect of any particular partnership transaction, was designed to discourage multiplicity of actions. .....
Tag this Judgment!Court : Chennai
Reported in : (1991)1MLJ538
..... was) overruling the objections of the tenant, bank of baroda in regard to its objections to the maintainability of the petition for eviction based on section 211 of the indian succession act, dismissed the civil revision petition by holding that the tenant was not justified in contending that the eviction petition filed by the landlords was not maintainable. ..... . a-1 is admissible in evidence even though it has not been registered.in ashok kashyap's case : [1987]2scr151 , the supreme court in paragraph 12 held as under:section l7(1)(b) of the registration act enjoins that any non-testamentary instrument which purports to operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of ..... three broad propositions with reference to the preliminary issue:(a) that the award did not by itself create or extinguish any right in any immovable property attracting section 17 of the indian registration act;(b) that the award only made reference to and set out the transactions already entered into by the parties and made only a record thereof. ..... respondent to the effect that the award in question relates to creation and extinguishment of interest in immovable property and hence should have been registered in accordance with the provisions of the indian registration act and that the award not being registered, the award cannot be received and looked into by this court for want of registration. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1997Mad105; 1996(1)CTC337
..... their lordships have also held that in view of the amendment to section 58(c) of the transfer of property act, the legislature must be considered to have made a clear cut classification and excluded transactions embodied in more than one document from the category of mortgages and consequently, it is reasonable to suppose ..... 58(c) of the transfer of property act, and that the absence of such a right of the mortgagee meant only that it is ..... under the stamp act, in the case of sales, normally, unless there is a contract to the contrary, it is the purchaser who will have to provide the stamp papers and in the case of mortgages, it is the mortgagor who will have to ..... in fact, madras act iv of 1938 and other ameliorative measures came into existence ..... :--'the proviso to this clause was added by act 20 of 1929. ..... the learned judge then was, has highlighted the principles to be kept under consideration and the nature of exercise to be undertaken as follows:--'(7) the proviso to this clause was added by act xx of 1929. ..... court, by a bench of four learned judges, wherein the question, whether a given transaction was a mortgage by conditional sale or a sale outright with a condition of repurchase was considered in the light of section 58(c) of the transfer of property act, 1882. ..... act, the transaction will be considered to be a mortgage only unless the person who asserts it is not a mortgage is able to prove either from the language contained in the document or from the attendant circumstances, that .....
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