Court : Chennai
Decided on : Jun-27-1973
Reported in : (1974)1MLJ215
..... as to whether the temple is a denominational one or not, the jurisdiction of the civil court could not be ousted under the provisions of the act. under section 63 of the act though the deputy commissioner is given the exclusive jurisdiction to decide as to whether any institution is a religious institution or not, the question whether a ..... and ismail, j., reversed the decision of the learned subordinate judge holding that the question relating to the nature of the institution is one coming under section 63 of the act and that the civil court has no jurisdiction to go into that question. he therefore held that the learned subordinate judge ought not to have remanded the ..... held that the question that arises in the suit is whether the temple is a denominational temple or not, that that question is not one coming under section 63 of the act, that therefore the jurisdiction of the civil court is not ousted and that the trial court should decide the suit on merits. the learned subordinate judge .....
Tag this Judgment!Court : Chennai
Decided on : Nov-26-1973
Reported in : (1974)2MLJ404
..... passing observation as stated above. i do not think the contention of thiru parasaran as if the rule of estoppel will be available only in cases where section 43, transfer of property act, can be invoked, is made as a proposition of law for all types of cases. the observations of the supreme court made in that decision is ..... thiru parasaran submitted that unless section 43, transfer of property act comes into play, a party cannot sustain his claim or right on a mere rule of estoppel. in that case,, the plaintiff who filed the suit ..... available to the defendants in view of the following observations therein:besides estoppel is but a rule of evidence and except in cases like those under section 43 of the transfer of property act, when a grant is fed by estoppel, the rule does not operate to create interest in property regarding which the representation is made.on this, .....
Tag this Judgment!Court : Chennai
Decided on : Feb-28-1973
Reported in : (1974)1MLJ174
..... charitable endowment within the scope of section 3 of the act. the learned advocate-general pointed out that normally no hindu would contemplate exclusion of members of other communities from. the benefit of the ..... that who the beneficiaries of the trust are is not determinative of the question what constitutes a hindu public charitable endowment for purposes of section 3 of the act.the learned advocate-general submitted that anomalous results might follow if the test of exclusiveness were adopted in determining what constitutes a hindu public ..... word 'exclusively'' is not added, to the words 'hindu public religious institutions and endowments' or in the definition of the word 'temple' in section 6 (20) of the act. the following passage in the judgment of balakrishna ayyar, j., may be usefully extracted in this connection :--i would draw attention to the words ' .....
Tag this Judgment!Court : Chennai
Decided on : Feb-17-1973
Reported in : (1974)1MLJ448
..... any of the term or terms of the draft scheme to object to its final approval by the state government. this is provided for in section 14 (1) of the act. ultimately, under section 14 (3), the state government may sanction the scheme with or without modifications or refuse to sanction the scheme as the case may be. ..... the government; the agency to provide material for such sanction is the municipality. the municipality does provide the hypothesis at the behest of the government under section 12 of the act. the primary mover of the process is the government. as the government is vested with the ultimate power to sanction draft schemes and equally call upon ..... making such enquiry as they deemed fit, sanctioned, what is known as, 'pattamangalam extension towns planning scheme, mayuram '. such a sanction was made under section 14 (3) of the act on 23th january, 1961. under the provisions of the scheme, which provided for the laying of roads and providing various amenities in the area comprised in .....
Tag this Judgment!Court : Chennai
Decided on : Jul-26-1973
Reported in : (1974)1MLJ455
..... this question with reference to the quantum of the court-fee payable for such a suit. the learned judge held that a suit brought by a creditor under section 53 of the act for a declaration that an alienation by the debtor is void against the creditors is not a suit for cancellation of a document securing money or property, falling ..... sale deeds, because the plaintiff was not a party to such sale deeds. as early as 1939, the question whether a suit coming within the scope of section 53 of the act should pray for setting aside a transfer or should merely pray for a declaration that the said transfer was not binding on the plaintiff was considered. in vellayya ..... v. sherfunnissa begum : air1955mad446 , were merely obiter. therefore we are clearly of the opinion that the suit in so far as it purports to be one under section 53 of the act cannot be maintained and it is liable to be dismissed.5. as far as the representative character of the suit is concerned, mr. ahmed meeran, contended that the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1973
Reported in : (1974)1MLJ387
..... and if he successfully passes the examination, he would be enlisted as a regular advocate. these provisions, in short, are the relevant provisions for our purposes.3. section 24 of the advocates act of 1961, as it originally stood prior to the amendment of 1968, prescribed certain educational qualifications, to wit, a degree in law from any university in the ..... but for the accident of his having been in public service on the crucial date, and that such entitlement by itself is sufficient within the meaning of section 58-aa of the act to enrol him as an advocate on the rolls of the bar council of tamil nadu. that the second respondent in each of these petitions is qualified ..... advocates delineated in the arrete, then such entitlement per se would enable him to seek entry in the roll of advocates kept by the bar council under section 17 of the advocates act of 1961. it is conceivable that in situations like that, it would not be possible for such a public servant to apply to the bar council of .....
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