Court : Chennai
Reported in : (1974)1MLJ380
..... stipulation made by the tenant in writing registered as to the erection of buildings' so as to attract, in favour of the landlord, the proviso to section 12 of the act.13. the question as to whether a tenant who had covenanted in an unregistered lease deed that the tenant was not to raise any building but who ..... -1 that : the commencement of the lease and the occupation of the site will be after the respondent, obtained necessary sanctions from the various authorities lite the inspector of explosives, the commissioner of police, and the . corporation of madras. on 9th september, 1955 under exhibit; b-2 the appellant replied, to exhibit b-1 by stating that ..... the respondent in putting up the superstructure notwithstanding his awareness that the lease was a terminable one cannot disentitle the respondent to the benefits conferred under sections 3 and 9 of the act if he were otherwise entitled to the same.15. it now remains for me to consider the second main argument of mr. sivamani viz., that .....
Tag this Judgment!Court : Chennai
Reported in : [1976]105ITR547(Mad)
..... illegal. this provision was applied to madras and, therefore, the assessee-stock exchange, had to apply for being recognised under section 3 of the said act. under section 4 of that act, the central government could require that the rules and bye-laws of a stock exchange applying for registration were in conformity with ..... are stored. the income from 'other sources' was derived from the distribution of raw films and cinematograph films. at the instance of the chief inspector of explosives the chamber undertook the obligation of providing film vaults. similarly, the controller of imports wanted the chamber to take up the distribution of raw films, etc ..... , by prohibiting options and by providing for certain other matters connected therewith. 'securities' included shares, scrips, stocks, bonds, government securities, etc. section 13 of that act provides that if the central government was satisfied, having regard to the nature or volume of transactions in securities in any state or area, that .....
Tag this Judgment!Court : Chennai
Reported in : [1976]105ITR546(Mad)
..... would be illegal. this provision was applied to madras and, therefore, the assessee-stock exchange had to apply for being recognised under section 3 of the said act. under section 4 of that act, the central government could require that the rules and bye-laws of a stock exchange applying for registration were in conformity with ..... films are stored. the income from 'other sources' was derived from the distribution of raw films and cinematograph films. at the instance of the chief inspector of explosives the chamber undertook the obligation of providing film vaults. similarly, the controller of imports wanted the chamber to take up the distribution of raw films, etc. ..... . calcutta licensed measurers for issue of certificates of weighment and measurement. the question was whether the chamber was exempt from income-tax under section 11 read with section 2(15) of act. it was held that the activities of the chamber being activities carried on for profit, in the absence of any restriction in its .....
Tag this Judgment!Court : Chennai
Reported in : AIR1977Mad192
..... should have been mentioned. we do not see any warrant for this. under s. 3 of the act, the inquiry may relate to anything covered under the act and it may not relate to any person, as far instance, bomb explosion in a public place.6. it is next contended that while the second item of allegations in the ..... followed in this court, hearing the other side before admission is not unusual.8. it was next contended that as the tamil nadu public men (criminal misconduct) act 1973 (act 2 of 1974) is in the statute book, no enquiry could be ordered in respect of the misconduct of a minister of a state under any other enactment. ..... secretaries-b department of personnel and administrative reforms' of the government of india (allocation of business) rules 1961. item 20(a) relates to prevention of corruption act,1947, among other acts. item 20(d) relates to policy matters pertaining to vigilance and discipline among public servants. the learned solicitor general submitted that by virtue of the allocation of .....
Tag this Judgment!Court : Chennai
Reported in : [1981]132ITR207(Mad)
sethuraman, j.1. in this reference under section 256(1) of the i.t. act, 1961, the following question has been referred :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that no part of ..... and distributors on behalf of foreign principals. there were also trading transactions on the assessee's own account. the assessee was the sole selling agent and distributor in india of explosives manufactured by the imperial chemical industries (exports) ltd., glasgow (hereinafter called ici), since 1886. there was no written agreement between the principal company and the assessee incorporating the ..... of its business, selling agencies from manufacturers both inside and outside india, one of them was from imperial chemical industries (exports) ltd., glasgow, for the distribution of their explosives in certain centres, since the year 1900. this agency was also terminable at will but continued up to 1947, in which year ici decided that all its agencies in india .....
Tag this Judgment!Court : Chennai
Reported in : (1980)2MLJ363
..... create problems for the railway or expose it to certain dangers., these items have been categorised in the sub-section as 'goods mentioned in the second schedule, animals and explosives and other dangerous goods'. sub-section (4) is an enabling provision which entitles the railway administration, de hors the earlier provisions, to claim from ..... shankarlal (firm) a.i.r. 1974 all. 255. : : air1974all255 in the course of his judgment the learned judge has observed:sub-section (2) of section 77 of the railways act specifies that the railway administration shall not be responsible for any such loss, destruction, damage, deterioration or non-delivery of the goods after the period ..... damage, deterioration or non-delivery, in transit, of animals or goods entrusted to the administration to be carried by rail, arising from any cause except act of god, act of war, act of public enemies etc. etc. even in respect of loss, destruction, damage etc , arising from any of the excepted causes, it was provided .....
Tag this Judgment!Court : Chennai
Reported in : AIR1983Mad105
..... or commencement of the voyage or at any time whatsoever, "damage caused by contact with or leakage, small or evaporation from other goods or by the inflammable or explosive nature or insufficient package other goods not to be considered as caused by improper or negligent stowage even if in fact so caused."clause 5 : ........ charterers to produce ..... to hold, that the second appellant is also an independent contracting party and is personally liable to answer the suit claim. the relevant section in the indian contract act which will govern the situation is s. 230. the section reads as follows-"s. 230 : agent cannot personally enforce, nor be bound by, contract on behalf of principal:- in the ..... the second appellant contrary to the terms of s. 230 or that the contract would fall under any of the presumptive clauses mentioned in the later portion of the section. on the other hand, as already stated, this is a case where the charterparty, ex. a-1, has been signed by the master of the vessel on .....
Tag this Judgment!Court : Chennai
Reported in : (1982)31CTR(Mad)26; [1982]137ITR822(Mad)
..... the officer do so by rejecting the explanation, where one is offered, on the ground that he considers it unsatisfactory. we have in the i.t. act, a few sections wherein the itos action in one direction or another is made to depend on the absence of an explanation from the assessee, or on the officers rejection ..... october-december, 1972, the paper witnessed an unexpected spurt in its daily sales, owing, it is said, to certain changes in the political scene. the circulation explosion rocked the petitioners administrative departments to their very foundations. the petitioner had to strain every nerve to enable them to cope with the sales. admits all these pre- ..... the formalities of procedural due process under s. 274. he can levy penalty with justification only if he complies with the substantive provisions of s. 273. that section, as we earlier indicated enjoins that the ito must be satisfied, on the materials before him, that the default of the assessee was without reasonable cause. the .....
Tag this Judgment!Court : Chennai
Reported in : II(1984)ACC85
..... court had properly appreciated the evidence available on record and come to the correct conclusion and as such, the order under revision is not revisable under section 115 read with section 102 of the code of civil procedure. the amount awarded by way of damages viz., rs. 500 cannot also be excessive in the circumstances. therefore ..... . this fact had been found by the lower court after analysing the evidence on record. the revision petition has been filed in view of the amendment under section 96 (4) of the code of civil procedure. though it has a revisional jurisdiction that is being exercised, this court had the benefit of hearing comprehensively ..... things cannot obviously make complaint. the occupier owes a duty not to do any act involving danger to trespassers in the premises with knowledge of their presence or its likelihood. with such knowledge, the occupier cannot for instance cause a dangerous explosion or practice shooting in his premises. a driver of a railway engine who sees .....
Tag this Judgment!Court : Chennai
Reported in : AIR1984Mad103
..... herein, this fact had been found by the lower court after analysing the evidence on record, the revision petition has been fled in view of the amendment under sec. 96(4) of the code of civil procedure. though it has a revisional jurisdiction that is being exercised this court had the benefit of hearing comprehensively the ..... hurt bysuch things cannot obviously make complaint. the occupier owes a duty not todo any act involving danger to trespassers in the premises with knowledge oftheir presence or its ikelihood. with such knowledge, the occupier cannot for instance cause a dangerous explosion or practice shooting in his (for, an illustration of a trespasser whose presence was unsuspected ..... january. 1. 1958. the first and main change effected by the act is that the rules which it contains replace the rules of the common law under which the duty of an occupier differs according as the visitor is an invitee or a licensee. section 2(1) provides that an occupier of premises owes the same duty, .....
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