Court : Chennai
Decided on : Apr-05-1949
Reported in : AIR1950Mad100
..... of the g. o. were otherwise, we think that merely because the commissioner of police is authorised by the provincial government by virtue of section 15 of the act to exercise the power under section 2 (1), the provincial government is not deprived of that power. the decision of the court of appeal in blackpool corporation v. locker, ..... january 1949. the matter does not seem to have received the attention of the advisory council and the government has not yet passed final orders under section 3 (5) of the act.2. the grounds of detention of the applicants in all the cases are substantially the same. the learned advocate for the applicants contended that his ..... discharged by any officer or authority subordinate to the provincial government, one of the powers exercisable by the provincial government under the act is the power to pass an order of detention under section 2 (1) of the act. g. o. no. ms. 907 dated 21st march 1947 empowered the district magistrates and commissioner of police, madras, .....
Tag this Judgment!Court : Chennai
Decided on : Apr-05-1949
Reported in : (1949)2MLJ61
..... of the g. o. were otherwise, we think that merely because the commissioner of police is authorised by the provincial government by virtue of section 15 of the act to exercise the power under section 2(1), the provincial government is not deprived of that power. the decision of the court of appeal in blackpool corporation v. locker ..... 1949. the matter does not seem to have received the attention of the advisory council, and the government has not yet passed final orders under section 3(5) of the act.2. the grounds of detention of the applicants in all the cases are substantially the same. the learned advocate for the applicants contended that his ..... discharged by any officer or authority subordinate to the provincial government. one of the powers exercisable by the provincial government under the act is the power to pass an order of detention under section 2(1) of the act. g.o. no. ms. 907, dated 21st march, 1947, empowered the district magistrates and commissioner of police, madras, .....
Tag this Judgment!Court : Chennai
Decided on : Apr-05-1949
Reported in : (1949)2MLJ199
..... necessity for and efficacy of a sonship under the hindu law, that the adoption of a son to her husband by a hindu widow is a meritorious act and that succession to property is only a secondary consideration.. the judicial committee quoted with approval the following passage from the berhampore case a distinction which is ..... hindu commentators saw as great virtues in an etcetera as coke, the commentator on littleton. professing to submit to the rule that a woman is not fit to act independently by herself, the hindu legists first circumvented it by stating that the defect was cured by the permission of her father-in-law for an adoption by ..... process of interpretation. the smritichandrika adopts a rule of interpretation familiar in hindu law, that where there is no absolute prohibition, you can infer assent especially if the act is meritorious. devanna bhatta the author, considers that by the use of the disjunctive in the text ' he whom his father or mother gives' yajnvaika suggests the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-05-1949
Reported in : AIR1950Mad74
..... process of interpretation. the smritichandrika adopts a rule of interpretation familiar in hindu law, that where there is no absolute prohibition, you can infer assent especially if the act is meritorious. devanna bhatta, the author, considers that by the use of the disjunctive in the text 'he whom his father or mother gives' yajnavalkya suggests the ..... an; end to the power of the widow to adopt.23. these observations in amarendra's case which profoundly modified the effect of previous decisions were accepted and acted upon by the judicial committee in ramasubbayya v. chenohuramayya, where it was held that in determining whose assent should be taken by a hindu widow in the dravida ..... family is divided or undivided the consent of the father-in-law alone 'the natural guardian and venerable protector' of the widow is sufficient to validate her act and there is no need to take the consent of the other members. their lordships observed that in an undivided family where there was no father-in-law .....
Tag this Judgment!Court : Chennai
Decided on : Apr-12-1949
Reported in : AIR1950Mad63
..... that at any time after the receipt of the reference by the society, either the registrar or the deputy registrar decided under clause (c) of sub-section (2) of section 51 of the act, to refer it for disposal by arbitration. obviously, if there had been such a decision, the reference must have been made either to a single arbitrator ..... arbitrator or arbitrators. the rules prescribe that where on receipt of a reference under sub-rule (1) the registrar decides under clause (c) of sub-section (2) of section 51 of the act, to refer it for decision by arbitration, a reference shall be made either to a single arbitrator appointed by the registrar or to a body of ..... claim for rs. 8963-5-7 alleged to be due and owing to the society by the petitioner. this claim was apparently made under section 61, madras co-operative societies act, act vi [6] of 1932, sub-section (1) of which says that if any dispute touching the business of a registered society arises inter alia between the society and its officers .....
Tag this Judgment!Court : Chennai
Decided on : Apr-14-1949
Reported in : (1949)2MLJ147
..... be followed, then the question arises whether the order-now under appeal which merely directs an enquiry into the conduct of the director and liquidator under section 235 of the companies act is a 'judgment' within the meaning of clause 15 of the letters patent. having regard to the exposition of the meaning of the word judgment ..... ' in clause 15 of the letters patent was yet appealable. i am unable to reconcile the different parts of the judgment in this case. either section 202 of the companies act incorporates the limitation on appeal ability contained in clause 15 of the letters patent or it does not. there is no tertium quid. if the view ..... of the court to initiate misfeasance proceedings even in the case of voluntary liquidation either against the managing director or a liquidator can be enforced by applying section 216 of the act. in my view, therefore, the court has ample jurisdiction to entertain the present application and the appeal therefore should be dismissed with costs of the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-18-1949
Reported in : AIR1950Mad53
..... l. t. 130 : 3 macq. h. l. 829, lord campbell enunciated the principle of acquiescence in these words :''. . . generally speaking, if a party having an interest to prevent an act being done, has full notice of its having been done, and acquiesces in it, so as to induce a reasonable belief that he consents to it, and the position of ..... right, must know of defendant 1's mistaken belief of his rights ; and(5) the plaintiffs must have encouraged defendant 1 in his expenditure of money or in other acts which he has done, either directly or by abstaining from asserting his legal right.'these principles are of such well-known application and have been followed in numerous cases in ..... essentials must co-exist :'(1) defendant 1 must have made a mistake as to his legal eights ;(2) he must have expended some money or must have done some act on the faith of his mistaken belief ;(3) the plaintiffs, the possessors of the legal right, must know of the existence of their legal right which is inconsistent with .....
Tag this Judgment!Court : Chennai
Decided on : Apr-19-1949
Reported in : AIR1950Mad88
..... appeal and these batches of civil revision petitions raise the same point for determination, namely, whether medupalli agraharam is an estate within the meaning of section 3 (2), estates land act. it has now two landlords who originally belonged to the same family, venkatarangacharyulu and ramanujacharyulu. s. a. no. 2235 of 1946 arises out ..... out of two other villages, pentapadu agraharam and devaracheruvu kandrika in a common judgment in which he held that these were all estates under section 3 (2) of the act. he accordingly dismissed all the civil miscellaneous appeals as regards return of the plaints for representation to the revenue court and allowed appeal no. ..... out of this common judgment filed by the landlords of pantepadu agraharam and devaracheruvu kandrika, i held that they were not estates within the meaning of section 3 (2) (d) of the act, holding myself bound by an unreported bench decision by patanjali sastri and bell jj., in venkatarangacharyulu v. mukku ganganna, a. a. o. .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-1949
Reported in : AIR1950Mad106
..... the right which the tenant had was a vested right that the authority before whom proceedings could be taken to enforce that right continued to exist and section 18 of madras act xv [15] of 1946 suggests that the intention of the legislature was that all pending proceedings should as far as possible be saved, it must ..... is not therefore directly applicable; but it does suggest that the solution to the problem lies in ascertaining the intention of the legislature. the insertion of section 18 of madras act xv [15] of 1946 indicates that the intention of the legislature was that so far as possible all pending proceedings are to be continued. regard ..... belonged to him as of right is a very different thing from regulating procedure'.4. when what is called a permanent act, that is to say, an act which is of indefinite duration is repealed, section 8, general clauses act, 1891 (madras) provides that unless a different intention appears the repeal shall not affect any right, privilege, obligation or .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-1949
Reported in : (1949)2MLJ612
..... to the central jail, rajahmundry. on the 10th and nth april, 1948, the district magistrate of krishna under the authority delegated to him under section 15 of the madras maintenance of public order act (act i of 1947) passed orders of detention against the petitioners and seemed to have also prepared the grounds of detention on the said dates. the ..... attack the members of the rashtriya swayam sevak sangh. this activity of theirs, it is alleged, is not proximate enough to justify an order of detention under section 2(1) of the act. the interval, it would be seen, between the occurrence on the 31st january, 1948, and the order of detention is more than 2 months. the ground ..... fixed so as to restrict the activity of the person which would be open for consideration by the detaining authority to pass an order of detention under section 2 (1) of the act; that must vary according to circumstances of each case. the incident and the occurn nee which are complained of, if true, is certainly a serious .....
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