Court : Chennai
Reported in : (1904)14MLJ37
..... criminal procedure; if it is a highway vested in the district board it will be competent to the district board, under sections 98, 98a and 98b of act v of 1884 (as amended by act vi of 1900) to take measures for the removal of encroachments thereon. but whether it is a highway or merely crown-land over which there is a ..... in and belonged to the district board. in the 25 madras case the ]egal effect of the statutory vesting of a street in a municipality [by act (madras) iv of 1884 as amended by act iii of 1897] was considered and the conclusion arrived at on a review of various engosh and some indian decisions was that such vesting did not transfer ..... to the municipality the ownership in the site or soil over which the street exists. this conclusion is fortified by the recent decision of the court of appeal in finchley electric .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad257
..... railway sleepers supply co. [1885] 29 ch. d. 204, south staffordshire tramways co. v. sickness and accident assurance association [1891] 1 q.b. 402, sheffield corporation v. sheffield electric light co. [1898] 1 ch. 203, and goldsmiths' co. v. the west metropolitan railway [1904] 1 k.b. 1. the distinction appears to me to be vital and reconciles ..... viable were the suits instituted in those courts, with a proviso that the fee shall, in do case, be less than rs. 150. this notification states that the amendments 'do come into force from the date of publication in the fort st. george gazette.'9. a gazette extraordinary was issued on the 5th of may, 1922, containing ..... . i do not think too much importance should be attached to the terminological significance of the words 'period' and 'series' which are the expressions used in the indian act. but it is clear that such considerations, if invoked, tend to support the contention of the crown. in the case of the word 'period' it is incontestably so .....
Tag this Judgment!Court : Chennai
Reported in : 76Ind.Cas.741; (1923)45MLJ557
..... re railway sleepers supply co. (1885) 29 ch. d. 204 south staffordshire tramways co. v. sickness and accident assurance association (1891) 1 q.b. 402 sheffield corporation v. sheffield electric light co. (1898) 1 ch. 203 and goldsmiths' co. v. the west metropolitan railway (1904) 1 k.b. 1. the distinction appears to me to be vital and ..... leviable were the suits instituted in those courts, with a proviso that the fee shall, in no case, be less than rs. 150. this notification states that the amendments 'do come into force from the date of publication in the fort st. george gazette.'10. a gazette extraordinary was issued on the 5th of may, 1922 containing the ..... courts. i do not think too much importance should be attached to the terminological significance of the words 'period' and 'series' which are the expressions used in the indian act. but it is clear that such considerations, if invoked, tend to support the contention of the crown. in the case of the word 'period' it is incontestably so, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad896; (1931)60MLJ25
..... is; we are familiar with legislation 'by way of abundant caution'; probably, section 110 was enacted to make sure that the wholesale repeals and amendments effected by the government of india act did not interfere with this safeguard which is a relic of antiquity.99. we now come to the last question:3. should the writ be ..... authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the ..... such a body involving such consequences would be judicial acts.11. similarly in rex v. minister of health (1929) 1 k.b. 619 lord hewart, c.j., cities with approval the following passage from the judgment of atkin, l.j., in rex v. electricity commissioners (1924) 1 k.b. 171 : whenever any body of persons having legal .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad152; (1931)60MLJ551
..... a contention very difficult successfully to maintain. to begin with, the electricity act does not purport to be a code. it does not even purport to be a consolidating act like the arms act, the abkari act or the petroleum act. it is an act to amend the law relating to the supply and use of electrical energy. so far from being obviously complete in itself, as i have ..... mentioned, a great deal of time was spent before us in trying to ascertain whether a license issued under this act can extend to .....
Tag this Judgment!Court : Chennai
Reported in : (1933)65MLJ423
..... to appear and be heard in the matter, and in the case of the confirming officer, the district collector, section 170 has a proviso that no entry shall be amended or omission supplied until reasonable notice is given to the parties concerned to appear and be heard and, while under section 172 no direction to revise shall be made by ..... to board of education v. rice (1911) a.c. 179, the case of the board of education, and the case under the licensing act. the actual case before him was a case relating to the duties of electricity commissioners. here again i may observe that it is a body far less judicial than the board of revenue in determining the question of ..... not be revised until reasonable notice is given to the parties concerned to appear and be heard in the matter. section 170(2) also provides that no entry shall be amended, or omission supplied, until reasonable notice has been given to the parties concerned to appear and be heard in the matter. in my opinion, though the main purpose of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1934Mad231
..... to appear and be heard in the matter, and in the case of the confirming officer, the district collector, section 170 has a proviso that no entry shall be amended or omission supplied until reasonable notice is given to the parties concerned to appear and be beard and, while under section 172 no direction to revise shall be made by ..... board of education v. rice (1911) a.c. 179, the case of the board of education, and the case under the licensing act. the actual case before him was a case relating to the duties of electricity commissioners. here again i may observe that it is a body far less judicial than the board of revenue in determining the question of ..... not be revised until reasonable notice is given to the parties concerned fee appear and be heard in the matter. section 170(2) also provides that no entry shall be amended, or omission supplied, until reasonable notice has been given to the parties concerned to appear and be heard in the matter. in my opinion, though the main purpose of .....
Tag this Judgment!Court : Chennai
Reported in : (1937)1MLJ442
..... of the said proceeding.3. the notification proceedings referred to in these orders are proceedings taken under chapter vi-a of the hindu religious endowments act (ii of 1927) as amended by the act xii of 1935. the board were taking proceedings under this chapter in respect of the temple in question and the proceedings were then pending before ..... jeer swamigal v. the board of commissioners for hindu religious endowments, madras and ors. : (1936)71mlj588 . the general rule laid down by atkin, l.j., in rex v. electricity commissioners (1924) 1 k.b. 171 which was accepted and explained by slesser, l.j., in rex v. london county council (1931) 2 k.b. 215 is to ..... the effect that:wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority, they are subject to the controlling jurisdiction of the king's bench division.4. in rex v. london county council (1931) .....
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad284
orderlakshmana rao, j.1. the definition of 'explosive' in section 4, explosives act, is wide enough to include electric sparklets and the exemption of 'toy fireworks' was removed by the amendment of the rules in 1917. the conviction is therefore correct but in view of the order of forfeiture, the fine is excessive. it is therefore reduced to rs. 25 and the excess of fine if levied will be refunded-otherwise this petition is dismissed.
Tag this Judgment!Court : Chennai
Reported in : (1948)2MLJ442
..... to escape taxation. presumably with the object of obviating such uncertainty in the determination of the nature of such payments, section 10(4)(b) was introduced by the amendment act of 1939.7. the language of that provision is clear, and according to well established canons of construction it is not open to read into the enactment words ..... already pointed out, there is no provision corresponding to section 10(4)(b) of the indian act in any of the english taxing statutes.5. section 10(4)(b) became part of the income-tax act only by the amendment act of 1939. before the introduction of this provision, courts in india were called upon to decide whether particular ..... but obviously considering the opportunities for fraud that any alleged arrangement would offer, very strict proof would reasonably be required of the existence of such an arrangement.in the electric and dental stores v. commissioner of income-tax, punjab and n.w.f. provinces (1931) 5 i.t.c. 254 payments made to working partners in a .....
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