Court : Chennai
Decided on : Mar-21-1949
Reported in : AIR1950Mad162
..... civil courts. the fact that an interim or initial detention is legal does not secure for it immunity from attack if the subsequent formalities prescribed by section 2 (2) and section 5 of act i [i] of 1947 are not substantially complied with and the continuance of the detention would become illegal by reason of such non-compliance. any ..... , the prosecution adduces evidence, the accused is given a right to rebut it, and conviction and sentence follow if the offence is found to be proved. section 2 of act i [1] of 1947 abrogates trial by a court and empowers the provincial government or its delegate, straightway to imprison a man if it is satisfied that ..... a full bench of the patna high court in which the delay complained of was the delay in communicating the grounds, under section 4, bihar maintenance of public order act corresponding to section 3 of the madras act. if the grounds of detention were not communicated to the detenu within a reasonable time and there is no acceptable explanation .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1949
Reported in : (1949)2MLJ310
..... civil courts. the fact that an interim or initial detention is legal does not secure for it immunity from attack if the subsequent formalities prescribed by section 2(2) and section 3 of act 1 of 1947 are not substantially complied with and the continuance of the detention would become illegal by reason of such non-compliance. any other construction ..... 284 >:(1942) 1 k.b. 87 presently but before doing so, i may point out some of the consequences of the view taken by the learned judge. section 2 of act 1 of 1947 does not require that the order of detention should be served on the person ordered to be detained before he is arrested and indeed it does ..... . it is not necessary to state the authority and if the petitioner had raised the objection and seriously contended that the district magistrate was not empowered under section 18 of the act, the order would have been easily produced. we therefore think that there is no substance in this contention.24. it was also argued that the order .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1949
Reported in : AIR1951Mad590
..... arose before us and was discussed whether an appeal lay to the federal court against the judgment of this court, we may deal with the point briefly.2. under section 3 of act i [1] of 1948, as from the appointed day, that is, 1-2-1948, an appeal shall lie to the federal court from any judgment to which the ..... , letters patent of the bombay high court, from a decision of the high court upon a case stated and referred to it by the chief revenue authority under section 51, income-tax act of 1916. from the elaborate discussion of their lordships and from the final conclusion, it becomes abundantly clear that the ratio decidendi of that decision was that the ..... decision or judgment or order made by the high court under section 51, income-tax act, 1918, was merely advisory, and not in the proper and legal sense of the term, final. it was necessary for their lordships to discuss the import of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1949
Reported in : (1949)2MLJ74
..... arose before us and was discussed whether an appeal lay to the federal court against the judgment of this court, we may deal with the point briefly.2. under section 3 of act i of 1948, as from the appointed day, that is, the first day of february, 1948, an appeal shall lie to the federal court from any judgment: ..... of the letters patent the words are' from any final judgment, decree or order.' it may be noticed that according to the definition contained in section 2(b) of act i of 1948 'judgment to which this-act applies ' means ' any judgment, decree or final order 'and not' any final judgment, decree or order'. the difference in the language makes the ..... patent of the bombay high court from a decision of the high court upon a case stated and referred to it by the chief revenue authority under section 51 of the indian income-tax act of 1918. from the elaborate discussion of their lordships and from the final conclusion, it becomes abundantly clear that the ratio decidendi of that decision, .....
Tag this Judgment!Court : Chennai
Decided on : Mar-23-1949
Reported in : (1949)2MLJ413
..... faith could be predicated or postulated in respect of a situation characterised by want of due diligence or by gross negligence. for the purpose of the indian limitation act, we have in section 2 thereof the definition of good faith which enacts that, unless there is anything repugnant in the subject or context, nothing shall be deemed to be done ..... rule 9, civil procedure code and that the same reasoning would apply to the case of junior members of a marumakkattayam or aliyasanthana family. referring to thenju v. chimmu i.l.r.(1884)mad. 413, mr. sundara aiyar made the observation earlier in his book at page 92, as noticed by venkataramana rao, j., himself that it is not clearhow much ..... the doubt expressed by the learned author at page 92 is well founded, and for reasons already stated by us thenju v. chimmu i.l.r.(1884)mad. 413, cannot be accepted and acted upon as correct law in view of the full bench decision. the analogy of cases of minors relied on by the learned author in support of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-23-1949
Reported in : (1949)2MLJ70
..... him to discharge or meet the liability he owed to the bank. the endorsement, therefore, was supported by valuable consideration and the plaintiff unless the presumption under section 118 of the negotiable instruments act is rebutted would prima facie be holder in due course. of course, we-are not expressing any opinion on the merits of the case and we are not ..... reason of want of notice of dishonour he suffered any prejudice and in those circumstances he would not be entitled to notice as the case falls under section 98(b) of the negotiable instruments act. he is a person who suffered no damage and therefore would not be entitled to any notice as he never deposited any money in the bank. the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-23-1949
Reported in : AIR1950Mad226
..... enable him to discharge or meet the liability he owed to to the bank. the endorsement, therefore, was supported by valuable consideration and the plaintiff unless the presumption under section 118, negotiable instruments act is rebutted, would prima facie be holder in due course. of course, we are not expressing any opinion on the merits of the case and we are not ..... by reason of want of notice of dishonour he suffered any prejudice and in those circumstances he would not be entitled to notice as the case falls under section 98(b), negotiable instruments act. he is a person who suffered no damage and therefore would not be entitled to any notice as he never deposited any money in the bank. the plea .....
Tag this Judgment!Court : Chennai
Decided on : Mar-25-1949
Reported in : (1949)2MLJ84
..... concerned in the goods to which the mark has been affixed. the same principle has been accepted and applied in another decision by fry lord justice in edwards v. dennis (1884) 30 ch.d. 454. the learned lord observes:no trade-mark can be assigned except in connection with the goodwill of the business in which it has been used, which ..... h.l. 129. in proctor v. bennis (1887) 36 ch. d. 740 lord justice cotton observed:it is necessary that the person who alleges this lying-by should have been acting in ignorance of the title of the other man, and that the other man should have known that ignorance and not mentioned his own title. and at page 761 lord .....
Tag this Judgment!Court : Chennai
Decided on : Mar-28-1949
Reported in : AIR1950Mad194
..... next decision cited by the learned counsel is reported in krishnaji nilkant v. secretary of state : air1937bom449 . that decision also construes and expresses the scope of section 30, government of india act. the learned judges accepted and followed the decision reported in municipal corporation, bombay v. secretary of state, 58 bom. 660 : a. i. r. 1934 ..... multiply cases except to cite a decision of this court reported in sankara mining syndicate ltd., nellore v. secry. of state : air1938mad749 in considering section 30(2), government of india act, leach c. j. observed at p. 147 :'with regard to the contention that a valid contract had been entered into by the local ..... j.1. the only point that arises in this appeal is whether the suit contract is valid, and whether it complies with the provisions of section 175, government of india act, 1935.2. the defendant is merchant carrying on business in coimbatore. the government required groundnut oil for use in the government oil factory at calicut .....
Tag this Judgment!Court : Chennai
Decided on : Mar-28-1949
Reported in : (1949)2MLJ156
..... decision cited by the learned counsel is reported in krishnaji nilkant v. secretary of state : air1937bom449 that decision also construes and expresses the scope of section go of the government of india act. the learned judges accepted and followed the decision reported in municipal corporation, bombay v. secretary of state for india i.l.r (1932) bom ..... j.1. the only point that arises in this appeal is whether the suit contract is valid, and whether it complies with the provisions of section 175 of the government of india act, 1935.2. the defendant is a merchant carrying on business in coimbatore. the government required groundnut oil for use in the government oil factory ..... a decision of this court reported in sankara mining sandicate, ltd., nellore v. secretary of state for india in council : air1938mad749 in considering section 30 (2) of the government of india act, leach, c.j., observed at page 147:with regard to the contention that a valid contract had been entered into by the local .....
Tag this Judgment!