Court : Chennai
Decided on : Oct-19-1949
Reported in : AIR1950Mad266
..... there is lack of bona fides on the part of the government in resorting to the provisions of the act when the petitioner could have been, if the case for the government were true, prosecuted under section 5, explosive substances act, 1908 (act vi [6] of 1908). 10. after anxious consideration, i am of opinion that the view of ..... horwill j. on the two points is correct. i had occasion to consider the object of the provisions of the madras maintenance of the public order act, 1947, requiring the government ..... i also agree with horwill j. that the fact that the government had abandoned the intention of prosecuting the case initiated against the petitioner under the explosive substances act is undoubted proof that the government did not believe in the truth of the allegation now made. if the government were really serious in the charge .....
Tag this Judgment!Court : Chennai
Decided on : Jan-06-1949
Reported in : (1949)1MLJ412
..... court of small causes and would give this court no jurisdiction to entertain a suit by the defeated party; for such a suit would be barred by section 12(4) of the act.10. both for the reason that notice to quit was not necessary and for the reason that even if it was, this court would not have ..... judge thought, strengthened his argument was narayana nair v. kunhan mannadiar : (1947)2mlj559 . in that case the learned judges were interpreting section 14 of the malabar tenancy act, which is very similar to section 7(1) of act xv of 1946, but differs from it in three respects, (a) that the case related to a suit and not to an ..... . we shall therefore confine ourselves to a consideration of the narrower question formulated by the learned trial judge : ' does section 7 of act xv of 1946 by necessary implication abrogate or repeal section 111(h) of the transfer of property act? ' perhaps the more pertinent question would be :' can an application for eviction be made to the rent controller before .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-1949
Reported in : (1949)1MLJ459
..... quoted by their lordships of the judicial committee at page 300 and they approved the view of west, j., as to the meaning of the word ' declare ' in section 17 of the registration act. the same view was also taken in the lahore central co-operative bank, ltd. v. qadir bakhsh (1947) 2 m.l.j. 304 (p.c.). in view of ..... (p.c.) the word 'declare' really implies that the document itself creates a title; a mere recital of a fact is not a declaration within the meaning of section 17 of the registration act. it implies a declaration of will and not a mere statement. in the document before the judicial committee, the language was:that in view of the petition filed ..... be pleased to sanction the same or order a fresh grant on the same terms to be executed. that was held to be not a declaration within the meaning of section 17 requiring registration. the importance of the case before the privy council however is that it approves an earlier decision of west, j., in sakharam krishnaji v. madan krishnaji i .....
Tag this Judgment!Court : Chennai
Decided on : Jan-20-1949
Reported in : (1949)0LLJ13Mad
..... in this appeal is whether a general notification of this kind without specification of either the disputes or the firms in which disputes have arisen, is competent under section 7 of act xiv of 1947. subba rao, j., held that it was not competent and that the tribunal had no jurisdiction to enquire into disputes brought before it by ..... with regard to disputes arising in engineering firms and type foundries; but the question immediately before us is whether it is equally valid under section 10(1) of the act. 4. the general purpose of the act is to settle disputes which have arisen or are apprehended. it is the duty of the board, or court of enquiry or tribunal as ..... the case may be, to make enquiries in accordance with the terms of reference and in accordance with the provisions of the act and the rules framed thereunder. under section 11(3), every board, court and tribunal has the same powers as are vested in civil courts under the code of civil procedure and every .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-1949
Reported in : (1949)1MLJ475
..... illustration. in that case, the othidar had inducted other persons as his tenants. the learned judge rules that they would not be tenants within the meaning of section 3(v) of the act and that they were liable to be evicted, because if the person from whom they held was not a tenant, the so-called sub-tenant would have ..... the security. the petitioner contends that the ' othidar' in the present case is a ' tenant' paying, rent within the first part of the definition in section 3(v) of the malabar tenancy act or at any rate an ' intermediary,' within the latter part of the definition and in either case, entitled to a stay of the proceedings for redemption which ..... common ground that they have transferred such possession to others. an intermediary is expressly included in the definition of a 'tenant' in clause (v) of section 3 of the malabar tenancy act... but it is contended by counsel for the respondent that a mere intermediary would of be a tenant but he should also be a person who had paid .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-1949
Reported in : (1949)1MLJ231
..... in this appeal is whether a general notification of this kind without specification of either the disputes or the firms in which disputes have arisen, is competent under section 7 of act xiv of 1947. subba rao, j., held that it was not competent and that the tribunal had no jurisdiction to enquire into disputes brought before it by ..... tribunal as the case may be, to make enquiries in accordance with the terms of reference and in accordance with the provisions of the act and the rules framed thereunder. under section 11(3) every board, court, and tribunal has the same powers as are vested in civil courts under the civil procedure code; and every enquiry or ..... with regard to disputes arising in engineering firms and type foundries; but the question immediately before us is whether it is equally valid under section 10(1) of the act.3. the general purpose of the act is to settle disputes which have arisen or are apprehended. it is the duty of the board, or court of enquiry, or .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-1949
Reported in : (1949)1MLJ422
..... r. 75 indap 225 : 1948 f.l.j. 23 (p.c.). under rule 55 of the rules framed under section 96(b) of the government of india act, 1919, in the case of an enquiry into the conduct of civil servants it was there provided that the grounds on ..... the rest of the rule is not relevant. it will be seen on a comparison of the language of section 240(3) of the government of india act with the language of rule 5 that all that is required to be done under the latter rule is ..... proposed action was not given in that charge to the plaintiff' and that therefore the dismissal was illegal. under section 240(3) of the government of india act, it has been provided in the case of a member of the civil service that he should not be ..... to the appointment and punishment of officers and servants of the local boards framed by the provincial government under sections 70, 72 and 199 of the madras local boards act states:no order of dismissal, of removal, of reduction, of suspension not being one pending inquiry or withholding .....
Tag this Judgment!Court : Chennai
Decided on : Feb-04-1949
Reported in : AIR1951Mad650
..... repair, the shro-triamdar would be entitled to sue the inamdar for reimbursement in respect of the money paid by him to the government. this section as also section 70, contract act, have been referred to and relied upon in a recent judgment of this court reported in annamalai chettiar v. kuttigan : air1947mad189 as supporting a ..... necessarily have the effect of clothing the shortriamdar with the right of resumption, i am still of opinion that by the width of its language section 142, madras estates land act, embodies a general provision applicable to all tanks which serve partly an estate and partly government land, and there is no reason for restricting ..... the repairs incurred by the government. the suit was the sequal to action taken by the district collector of cuddappah under sub-section (1) of section 142, madras estates land act and was instituted under sub-section (3) on both the grounds referred to therein, namely, that the plaintiff was under no obligation to repair the tanks, .....
Tag this Judgment!Court : Chennai
Decided on : Feb-04-1949
Reported in : (1949)2MLJ438
..... the shrotriemdar would be entitled to sue the inamdar for re-imbursement in respect of the money paid by him to the government. this section as also section 70 of the indian contract act have been referred to and relied upon in a recent judgment of this court reported in annamalai chcttiar v. muniappa naidu : air1947mad189 as ..... been calling upon them only to repair the tanks till in 1938 for the first time it chose to initiate proceedings against the plaintiff under section 142 (1) of the act. in support of the second ground there were no definite averments in the plaint which contented itself with the rather negative statement that it ..... another or by necessary implication repeals the just and equitable right of re-imbursement under the general law there is nothing in the relevant sections of the madras estates land act to suggest such exclusion or repeal. in these circumstances the principle embodied in the latin maxims generalia speaalibus non derogant or generalibus speciatlia derogant .....
Tag this Judgment!Court : Chennai
Decided on : Feb-10-1949
Reported in : (1949)1MLJ523
..... later judicial decisions. the bar of res judicata does not depend upon the question whether the prior decision is correct or erroneous on the facts or in law. even though section 11 of the civil procedure code is not strictly applicable to the case, an adjudication against a hindu widow will, in certain circumstances, bind the estate, the law being thus stated by ..... note which had been executed in favour of a relation of her own lessee. by allowing the suit to be decreed ex parte the widow, it is said, did not act fairly or properly by the reversion. it is obvious that the rule of res judicata as laid down in the cases above cited is not limited to decrees obtained against .....
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