Court : Chennai
Decided on : Aug-02-1973
Reported in : (1974)1MLJ292
..... cause of action available to any ore in respect of injuries resulting in the death of the injured.23. till the recent amendment of the act by act (lvi of 1060), section 110 stated that the accidents claims tribunal is to be constituted for the purpose of adjudicating upon claims for compensation in respect of accidents involving the ..... could not have expressed a different view. as i said, even anantanarayanan, g.j. and ramakrishnan, j., have not specifically dealt with the question whether the abovesaid sections of the act are only procedural in character or they constitute substantive law. anyway, the decision of anantanarayanan, g.j. and ramakrishnan, j cannot be treated as a precedent in ..... the state government is beyond its rule-making power and therefore it should be struck down. the said rules are purported to be made under section 110(1) of the act. but section 110(1) does not really give power to the state government to make any rules. that only speaks of the power of the state .....
Tag this Judgment!Court : Chennai
Decided on : Sep-13-1973
Reported in : (1974)2MLJ46
..... in r. k. sen v. union : [1966]1scr430 . it was pointed out that having regard to article 367, the definition of ' state' in section 3 (58) of the general clauses act, 1897 applies for the interpretation of the constitution unless there is anything repugnant in the subject or context. under that definition, the expression state as respects any ..... power by article 246 (4) to legislate even with respect to matters emumerated in the state list. if the inclusive definition of 'state' in section 3 (58) of the general clauses act were to apply to article 246 (4), parliament would have no power to legislate for the union territories with respect to matters enumerated in the state ..... order, 1956, is not to be used to interpret the word ' state ' as used in the constitution. the existing definition of ' state' in section 3 (58) (b) of the general clauses act, is not, therefore, to be applied to the interpretation of the constitution at all for the purposes of the cases before the court.therefore, it .....
Tag this Judgment!Court : Chennai
Decided on : Apr-24-1973
Reported in : 1974CriLJ377
..... not made out against the accused-petitioner.16. the criminal revision case is allowed. the convictions of the petitioner for offences under section 3 (1). section 4 (1), section 5 (1)(a). section 6 (1) and section 7 (2)(b) of central act 104 of 1956. are quashed and the sentences are set aside. the accused is acquitted of all the offences. the fines, ..... to bring home the guilt to the accused for the offences of which he has been convicted. it is necessary to examine the text and terms of section 3 of act 104 of 1958.10. section 2 (a) states:'brothel' includes any house room or place or any portion of any house room or place, which is used for purposes of ..... sub-divisional magistrate of poonamallee intimating his intention to conduct a search of the house bearing door no. 5. second lane. m, k. n. road. alandur under section 15 of the central act 404 of 1956. as information had been laid before him that the accused-petitioner, unni nair, was running a brother therein.5. p. w. 1. after receiving .....
Tag this Judgment!Court : Chennai
Decided on : Mar-06-1973
Reported in : (1974)1MLJ71
..... corporation is claiming contribution on an ad hoc basis to which they are not entitled. admittedly, the appellant has not filed the necessary returns as contemplated under section 44 of the act,20. inspection of books had also not been given. therefore, the corporation assessed the employees' contribution on an ad hoc basis of rs. 100 as ..... state government shall, by notification in the official gazette, constitute an employees' insurance court for such local area as may be specified in the notification. under section 78 of the act, certain powers of a civil court are given to the insurance court. but it is not contended that because of such conferment of certain powers of ..... the corporation. the state government has, in fact, made the madras state insurance (court) rules, 1951 by virtue of the powers conferred on it by section 96 of the act. rule 17 of these rules as it originally stood provided that every application to the insurance court shall be brought within 12 months from the date on .....
Tag this Judgment!Court : Chennai
Decided on : Aug-09-1973
Reported in : (1974)2MLJ112
..... madras branch. further, the assessing officer would have it that the goods in the instant case should be deemed to be unascertained goods and having regard to section 3 (2) (b) of the act read with section 4 (a) (b) thereto and on the basic hypothesis that the goods are unascertained goods he came to the conclusion that the situs of the ..... such an escapement was brought to tax in the proceedings undertaken by the revenue when it re-opened it as stated already. they were of the view that section 9 (1) of the act was not applicable to the facts of the case as they were definite that it was not a sale of ascertained goods. on this basis, the impugned ..... in accordance with the agreement between the parties after a time when the contract of sale is made. after all under the sale of goods act various rules are set out in the nature of sections but they mainly enumerate rules of intentions, which intention has to be gathered and equally varies in accordance with the facts and circumstances of each .....
Tag this Judgment!Court : Chennai
Decided on : Feb-13-1973
Reported in : (1974)2MLJ331
..... city a notice that if they did not report to duty, their services would be terminated. there was a settlement (exhibit m-22) under section 12 (3) of the industrial disputes act before the special deputy commissioner of labour, reserving the case of 84 workmen mentioned in the annexure to the, settlement for being proceeded under the ..... that the absence of a direction for reinstatement is only an accidental slip or omission in the original award.4. section 152, civil procedure code, rule 55 of the madras industrial disputes act and section 66 of the united provinces industrial disputes act, 1947, on a comparison of the language employed in them, are in pari materia. a similar language is ..... (6), for, that would also be the case in the case of a civil court or an adjudicating authority, under the industrial disputes act, 1947, even without a provision like section 6-d and yet the legislature has not chosen in the case of either of them to lay down any limitation of time for exercising its .....
Tag this Judgment!Court : Chennai
Decided on : Feb-09-1973
Reported in : (1973)2MLJ424
..... high court reported in s.o. malik v. union of india : air1972delhi211 . the facts therein are that the petitioner filed an application under section 20 of the arbitration act praying that the respondent, union of india be directed to file into court the arbitration agreement and the disputes between the parties be referred to ..... the present application. it was further pointed out that the agreement dated nth july, 1962 was executed only at madras, that application under section 20 of the arbitration act could be filed only in this court within whose jurisdiction the agreement was executed. the further contention raised was that the fact that the ..... plaintiffs and denied their liability to return to the plaintiffs 3407 metric tons of steel. the plaintiffs, therefore, have filed the present application under section 20 of the arbitration act, 1940, for the reliefs mentioned therein contending that the agreement dated nth july, 1962 and the supplemental agreement dated 8th october, 1965 were both .....
Tag this Judgment!Court : Chennai
Decided on : Dec-06-1973
Reported in : (1975)2MLJ323
..... the value of the landlord's light as against tenant's rights in the land acquired, on the date of the notification under section 4 (11 of the act. whilst under section 23 of the act the value of the land together with its inhered potential can also be evaluated, when we come to apportionment of the compensation as ..... claimant in the compensation awarded by the court and which compensation has come to court by reason of the reference made by the collector under section 31 of the land. acquisition act. we are therefore not impressed with the extreme contention of the second claimant that the entire compensation has to be invested and he is ..... no agreement between the claimants regarding the proportion in which the compensation has to be apportioned as between them within the meaning of section 29 of the land acquisition act, refer the dispute under section 30 to the civil court for a determination and settlement of the said dispute and for the ultimate ascertainment of the compensation payable .....
Tag this Judgment!Court : Chennai
Decided on : Jul-19-1973
Reported in : 1974CriLJ261
..... legislature, and the mere fact that the provincial legislature has legislated on any matter in the concurrent list is not enough to attract the mischief of section 107 of the government of india act.... section 1(2) of the criminal procedure code expressly lays down that the provisions of the code would not affect any special form of procedure prescribed by any law ..... succeeding rules also proceed on the same basis. rule 2 says:when a court has been established in any district, all cases referred to in sub-section (d of section 36 of the said act in the whole or any part of that district, as the state government may from time to time specify, shall be taken before and dealt with ..... such court.' that is to say, the rule can read thus:when a court has been established in any district, all cases referred to in sub-section (1) of section 36 of the said act in the whole or any part of that district, as the state government may from time to time specify, shall ordinarily be taken before and dealt .....
Tag this Judgment!Court : Chennai
Decided on : Apr-09-1973
Reported in : (1974)1MLJ83
..... specified in schedule i, namely, cement, cigarettes, electrical, mechanical or general engineering products, iron and steel, paper and textiles. section 4 of the act, provides for the extension of the act to other factories by a notification in the official gazette. of late, there has been a persistent demand for the extension of ..... of the constitution. it is even more difficult to understand this contention, because as already pointed out, the act applies to all establishments except those recited in section 16 which before its amendment by act xlvi of 1960, exempted establishments belonging to government or to a local authority. but whatever vice there may ..... like plantations, mines, commercial establishments etc. it is, therefore, proposed to include an enabling provision in the act to the effect that, subject to the exemptions provided in section 16, the act shall apply to any establishment or class of establishments as may be specified by the central government by notification in .....
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