Court : Chennai
Decided on : Aug-04-1949
Reported in : AIR1950Mad222
..... pasture lands must be considered to be lands used solely 'for agricultural purposes' within the meaning of section 63, madras district municipalities act of 1884 as amended in 1897 which was then in force. the language of section 81 (4) of the act is similar and applies to land used 'exclusive for agricultural purposes.' if a piece of urban vacant ..... : a. i. r. 1924 p. c. 247, it was held that a mango tope was not land used for agricultural purposes within the meaning of section 79, agra tenancy act, 1901. 'agriculture' in its ordinary and primary sense implies the tillage or cultivation of the soil by human effort with or without the aid of animal or ..... limits of the municipality. the defendants, here respondents, resist the claim on the grounds that they should: have been assessed to property tax under section 81 (i) of the act and not under section 81 (3) and they should have been separately and individually assessed on the share of the property held by each of them. their contentions .....
Tag this Judgment!Court : Chennai
Decided on : Aug-04-1949
Reported in : (1949)2MLJ629
..... lands must be considered to be lands used solely '" for agricultural purposes " within the meaning of section 63 of the madras district municipalities act of 1884 as amended in 1897 which was then in force. the language of section 81(4) of the act is similar and applies to land used "exclusively for agricultural purposes ". if a piece of urban vacant ..... out other defences which are not now material. 2. the appellant urged two points before me (i) the assessment in this case was rightly made under section 81 (3) of the act, and (ii) even otherwise, it is not open to the civil court to decide on the propriety of the assessment in this case. lands which are ..... limits of the municipality. the defendants, here respondents, resist the claim on the grounds that they should have been assessed to property tax under section 81(4) of the act and not under section 81(3) and they should have been separately and individually assessed on the share of the property held by each of them. their contentions were .....
Tag this Judgment!Court : Chennai
Decided on : Aug-10-1949
Reported in : AIR1951Mad242; (1950)2MLJ247
..... to the zamindar had been attached and this amount was utilised for raising the attachment, we are of opinion that this debt comes within the ambit of section 4, impartible estates act.12. our conclusion, therefore, is that out of the amounts claimed by the plaintiff in this suit, the amounts due under the promissory notes to sambayya ..... sum of rs. 1100 in favour of one purushotham. the object with which this money was borrowed was for paying off the peishkush due from the estate section 6, impartible estates act, prohibits the incurring of any debt by making the estate liable for paying of land revenue due to the government, unless the zamindar had first obtained ..... he represents the estate in other proceedings in which he has no personal estoppel against third parties is a real one; and wa are of opinion that section 4, impartible estates act, clearly enunciates this view. for purpose of our present case, it has to be said that an impartible estate-holder stands on an equal footing with .....
Tag this Judgment!Court : Chennai
Decided on : Aug-11-1949
Reported in : AIR1950Mad151
..... of the country as they have evolved at the time courts are called upon to interpret it. it would not be stretching the language of section 100 far to hold that the framers of the act visualised a time in the future when the customs and manners of the country would so change that they could not be regarded as in any ..... which no court has power to refuse and applies to parties as well as to witnesses. that decision went to the length of holding that the words 'personal appearance' under section 132 meant personal attendance in court. the same view has been taken by cammainde and ghose jj. in rahimanessa bibi v. s.k. halim : air1928cal814 . there is no bench ..... the privilege she is entitled to.' the ground on which the privilege was sought to be taken away was the fact that the hindu lady had appeared in court in 1884, where she was examined in a palki as a result of which she was outcasted. stanley j. expressed himself averse to granting commissions for the examination of witnesses not .....
Tag this Judgment!Court : Chennai
Decided on : Aug-17-1949
Reported in : AIR1951Mad625
..... to be a member of the family has no separate or independent rights de hors the family towards third parties. this conception of hindu law is recognised by section 3 (i) of the act where a person is defined as including an undivided hindu family. a decision of a bench of this court in venkatakutumba rao v. veerabhadrudu : (1943)1mlj211 ..... the real question, therefore, is, what was the sense in which the legislature used the words 'undivided hindu family' in the definition of a person in section 3 (i) of the act. clearly the reason for treating an undivided family as a person was not the historical origin of the family nor the future devolution of property on the death ..... the members of a formerly undivided mitak-shara family after the passing of a preliminary decree for partition are not an association of individuals within the meaning of section 3 of the act. whatever might be said in the case of an assessment on a group of persons it is impossible to say that, when a family whether divided .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-1949
Reported in : AIR1950Mad269
..... part which entitled the defendant to take up the matter before the full bench of the court of small causes by way of a new trial application under section 38, presidency small cause courts act and the rules framed thereunder. this ground has been specifically taken in the application filed by the defendant before the full bench of the presidency small cause ..... the full bench of that court has summarily dismissed the application of the defendant without examining the question of law raised by the defendant. section 38 and rule 7 (b) of order 41, presidency small cause courts act in my opinion do cover the present case. such being the case, the full bench of the presidency small cause court was not justified .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-1949
Reported in : (1949)2MLJ647
..... heir was also a person who claimed part of the effects of the deceased creditor. the learned judges observed, 'it is not inconsistent with the language of section 4 of act vii of 1889, for a person claiming a debt under an assignment made by the creditor's heir certainly claims part of the effects of such creditor. there ..... ., held that even an assignee of a debt from the heir of the deceased creditor was bound to apply for a succession certificate under section 4 of the act vii of 1889, succession certificate act. it was contended before the learned judges that there was no obligation on the part of an assignee to apply for a succession certificate ..... hands of the reserve bank of india (public debt office), madras, on. the date of the petition and continues to be held by them till now. section 371 of the succession act (xxxix of 1925) defines the court having jurisdiction to grant a certificate. it reads as follows:the district judge within whose jurisdiction the deceased ordinarily resided .....
Tag this Judgment!Court : Chennai
Decided on : Aug-26-1949
Reported in : (1949)2MLJ789
..... the parties to an industrial dispute the government if satisfied that the persons applying represent the majority of each party shall make the reference accordingly.. section'33 of the act protects a workman from discharge, dismissal or punishment during the pendency of proceedings before a tribunal except for misconduct not connected with the dispute. the ..... of a bill do not coincide with the enactment when finally passed. 16. some assistance was sought by learned counsel from the provisions of section 10(2) of the act which provides that when the parties to a dispute apply for a reference, the government must be satisfied that the persons applying represented the ..... to apply its milld to the relevant material placed before it before deciding that an industrial dispute exists or is apprehended and making an order under section 10(1) of the act. with great respect i agree with the following observations of the learned judges who decided the case in ramayya pantulu v. kutty and rao (engineer .....
Tag this Judgment!Court : Chennai
Decided on : Aug-28-1949
Reported in : AIR1951Mad616; (1949)NULLLLJ875Mad
..... letterheads and self designations. registrars of unions and societies would be well advised touse very freely the discretionary power vested in them under section 7, trade unions act and other corresponding provisions of other actsregulating the registration of associations ofother kinds.28. perhaps the strongest indictment on the 'kandan weaving workers ..... to an industrial dispute the government if satisfied that the persons applying represent the majority of each party shall make the reference accordingly. section 33 of the act protects a workman from discharge, dismissal or punishment during the pendency of proceedings before a tribunal except for misconduct not connected with the ..... apply its mind to the relevant material placed before it before deciding that an industrial dispute exists or is apprehended and making an order under section 10(1) of the act. with great respect, i agree with the following observations of the learned judges who decided the case in ramayya pantulu v. kutty & .....
Tag this Judgment!Court : Chennai
Decided on : Sep-02-1949
Reported in : AIR1950Mad824
..... an interest in partnership is nothing but an existing interest and tangible property which can be assigned and that it does not attract to itself the mischief of section 6(e), t. p. act. in these circumstances, i hold that the order of the learned district judge under revision is not correct and i set aside the same and hold ..... transfer of such an interest, as is set out above, is made it is difficult to say how it can be a mere right to sue as defined in section 6, t. p. act. a perusal of the decision in rajamanickam chetti v. abdul halim sahib, : air1941mad389 , referred to by the counsel for respondent, would show that what was involved ..... abdul halim sahib, : air1941mad389 and stating that what was assigned to the petitioner by the original appellant was only a mere right to sue and that under section 6(e), t. p. act, a mere right to sue cannot be transferred. the learned district judge also dismissed the main appeal as having abated in consequence of having dismissed the petition of .....
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