Court : Chennai
Reported in : (1971)1MLJ200
..... no need to dwell on the general principles governing the grant or refusal of specific performance. they are well settled and are now crystallised in section 20 of the specific relief act, 1963. by granting a decree for specific performance, the appellants would not only gain an unfair advantage over the 1st respondent, but the ..... contended for the appellants, denied statutory protection to post-1922 tenants, thereby leaving them to be governed by subsequent contracts under the common law, particularly section 108 of the transfer of property act. no such inference is, in our opinion, warranted. as it happened, after the second world war, so too now, due to a ..... materials have-become costlier. due to population explosion in recent years and exodus from villages and influx into cities,, there is an ever-increasing demand for more and more residential quarters in the city. obviously, if the common law embodied in section 108 of the transfer of property act is to operate and the-tenants on .....
Tag this Judgment!Court : Chennai
Reported in : [1973]30STC57(Mad)
..... was observed in that decision that the expression 'combustible materials' used in clause (q) should be confined only to things that burn spontaneously or with great readiness like explosives. it is significant to note that cinder was not held to be included under clause (n) which referred to articles like coal, charcoal, etc.16. the learned advocates ..... . clause (n) related to selling or storing timber, firewood, thatching materials, hay, grass, straw, fibre, coal or charcoal. clause (q) related to storing of any explosive or combustible materials. it was held in the decision that cinder did not fall under either of the clauses and that no licence was required for storing the same. it ..... groundnut oil.14. in fletcher v. fields [1891] 1 q.b. 790 it has been held that coke is not coal within the meaning of section 15 of the metropolitan streets act, 1867, which prohibits the loading or unloading of coal on or across the footway between certain hours, and imposes a penalty for so doing. a. l .....
Tag this Judgment!Court : Chennai
Reported in : AIR1972Mad140
..... or the consignee;(g)natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;(h) latest defects;(i) fire, explosion or any unforeseen risk;provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one of more of the ..... failure to deliver the goods is consequence of such wrongful conversion will result in the loss of goods delivered to the railway administration within the meaning of section 77 of the act. " after referring to the two decisions of the supreme court referred to already, the learned judges observed:--"though in the two decisions of the supreme ..... conclusion that such a sale of goods by the railway administration will not fall within the scope of the expression 'loss of goods' occurring in section 77 of the railways act. the object of insisting on a written demand or claim as a condition precedent for instituting a suit is to enable the railway administration to make .....
Tag this Judgment!Court : Chennai
Reported in : (1972)1MLJ389
..... , or the rules or notifications issued thereunder.3. it would be seen from a reading of section 249 of the act with clause (q) of schedule v that without a licence under section 249, no premises could be used for storing any explosive or combustible material. it is, however, subject to the proviso that no licence is required for storing petroleum and its products ..... purposes for which premises cannot be used without a licence under section 249. the clause with which we are concerned is clause (q), which reads:storing any explosive or combustible materials:provided that no licence shall be required for storing petroleum and its products in quantities exceeding those to which the operation of this act is limited by the provisions of the petroleum .....
Tag this Judgment!Court : Chennai
Reported in : (1973)1MLJ179
..... there are chances of remissions and relapses, that normally when a relapse occurs it will be a sudden outburst of violence, that it can even be explosive at times and that a sudden explosion of violence may itself be the onset of the relapse of the mental illness. he has also sworn that the appellant had all the delusions and ..... that there was a reasonable probability that, at the time when the offence was committed, he was suffering from unsoundness of mind of the nature and degree mentioned in section 84, indian penal code. no such conclusion should be rashly arrived at on mere surmises and inferences without any basis on record.23. it must however be remembered that ..... it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.section 84, indian penal code, must be read with section 105 of the indian evidence act which deals with the burden of proof in cases of insanity among other exceptions in the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1973Mad122
..... the corporation include the appointment of a general manager, officers employees and other advisers as it considers necessary for the efficient performance of its functions under the act.section 10 provides that the board of directors shall consist of the following. namely:'(a) a chairman to be appointed by the central government after consultation with the ..... legal thinking. the concept of rights has undergone a radical change due to forward and progressive ideals with which the community is publicly charged. such an explosive rationalism in the understanding of rights of citizens all round which has become deep-rooted in society cannot lightly be ignored or allowed to be engulfed ..... for the time being applicable to an industrial concern would apply to the corporation as well. it is not stated that the regulations framed under section 43 of the act in relation to the duties and conduct, the conditions of service of officers and other employees of the corporation are in any way in derogation .....
Tag this Judgment!Court : Chennai
Reported in : AIR1972Mad454
..... out that such loss, destruction, damage, deterioration or non-delivery was the result of the causes enumerated in the section. in complete contrast to this section is section 74 of the act. section 74 deals with risk rates. sub-section (1) states--'when any animals or goods are tendered to a railway administration for carriage by railway and the ..... consignee; (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; (i) fire, explosion or any unforeseen risk; provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of the ..... carriage of the goods.13. there is one other statutory provision which has to be noticed in this behalf. i am referring to section 76 of the indian railways act and that section states--'a railway administration shall be responsible for loss, destruction, damage, or deterioration of animals or goods proved by the owner to have .....
Tag this Judgment!Court : Chennai
Reported in : (1976)ILLJ15Mad
..... the labour court is in any way not warranted on the facts. it is only in cases where reinstatement of a worker whose services have been terminated would result in explosive industrial relations between the management and the terminated workers that it would be necessary for an industrial court to consider whether the alternative remedy of awarding compensation would be adequate ..... it is seen that there were conciliation proceedings before the labour officer which failed and consequent upon such failure a reference was directed by the state government under the appropriate section of the industrial disputes act. i cannot, therefore, see any error of law or erroneous exercise of jurisdiction in the award challenged.5. the writ petition is dismissed. .....
Tag this Judgment!Court : Chennai
Reported in : (1974)2MLJ179
..... as is generally done with regard to an authority who exercises general powers of superintendence. consequently, simply as a matter of construction, though sub-section (1) of section 21 of the act does not expressly state whether the power should be exercised sua motu or on application it can be easily held that the power can be exercised ..... life', and that the legislature must have intended to insert the words 'or such serious personal injury', otherwise the words 'or if any serious personal injury arises from explosion therein' were wholly inoperative. the court, however, declined to imply that these words had been omitted by accident and the court stated, ' we cannot take upon ourselves ..... of coal mines act of 1855, which enacted that if loss of life to any person employed in a coal mine occurs by reason of any accident within such coal mine, or if any serious personal injury arises from explosion therein, the owner of such mine shall, within twenty-four hours next after such loss of life .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad375
..... goods so as to escape from liability. in view of the fact, that the trial court was absolutely oblivious to the change effected in section 73 of the indian railways act by act 39 of 1961, it had no occasion to frame the necessary issues and concentrate its discussion on the real points that had to be decided ..... the consignee; (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; (i) fire, explosion or any unforeseen risk; provided that even where such loss, destruction, damage, deterioration or non delivery is proved to have arisen from any one or more of the aforesaid ..... liability of the railways in this behalf has been completely changed by virtue of the amendment to the relevant sections of the act made in 1961. section 73 of the act so amended is as follows:'73. save as otherwise provided in this act, a railway administration shall be responsible for the loss, destruction, damage, deterioration or non-delivery, in .....
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