Court : Chennai
Decided on : Sep-02-1949
Reported in : AIR1951Mad473; (1950)2MLJ511
..... about which reference has already been made. after that the appellants filed o. p. no. 44 of 1946 which has given rise to this appeal, under section 84 (2) of the act and section 151, civil p. c., for setting aside the order of the board in o. appln. no. 375 of 1940, dated 2-5-1945. the learned ..... the board of commissioners for the hindu eeligious endowments, madras. though the order of the board of commissioners aforesaid was stated to be passed in proceedings under section 62 of the act for the settlement of a scheme of administration for sri alagar temple, thevaram periyakulam taluk, madura district, the appellants herein have construed it as an order ..... before a third judge, and for this purpose papers may be placed before the honourable the chief justice.govinda menon, j.15. under sub-section (3) of section 84, madras hindu eeligious endowments act, the appellants who were the petitioners in the district court of madura, appeal to this court against the judgment and decree of the learned .....
Tag this Judgment!Court : Chennai
Decided on : Sep-02-1949
Reported in : AIR1950Mad145
..... is guilty of an offence under section 4 (l) (a) of the act. the object of the act as the preamble shows, is to prohibit the consumption of intoxicating liquor. it is not suggested that the ..... finding of the lower court is that it is varnish. the government have no doubt not exempted this from the purview of the act. but the learned crown prosecutor, under instructions from government states that it is not the intention of the government that there should be ..... gallons of varnish was found. this varnish contains denatured spirit and therefore it comes within the definition of liquor in the act. the lower court finds that the liquid is not drinkable and is not fit for consumption. the question is whether the accused ..... ordersomasundaram, j.1. the accused has been convicted by the chief presidency magistrate under section 4 (l) (a), madras prohibition act and sentenced to pay a fine of rs. 50.2. the accused is a carpenter and .....
Tag this Judgment!Court : Chennai
Decided on : Sep-15-1949
Reported in : AIR1952Mad790; (1952)IIMLJ141
..... judgment had been written and signed by him, the case has reached beyond the stage of trial. even so the succeeding magistrate had a discretion under clause (1) to section 350 to act or not, on the evidence recorded by his predecessor. the procedure is left purely to the discretion of the magistrate which is different from the right which the accused ..... order xx rule 2 c.p.c. as instances of modification in-troduced in the civil procedure code, and similarly he refers to section 350 crl.p.c. as a modification introduced in the criminal procedure code, under section 350, a successor is permitted to act on the evidence recorded by the predecessor or partly recorded by him. but there is no corresponding provision relating to sessions .....
Tag this Judgment!Court : Chennai
Decided on : Sep-16-1949
Reported in : AIR1950Mad276
..... the ground that it is not pressed. reliance was also placed by the learned counsel for the respondent on the authority of ex-parte poulton and son; in re copyright acts, (1884) 53 l. j. q b. 320: 32 w. r. 648, in support of his contention that his client may well be regarded as a person aggrieved. i am ..... months of an order of the district collector dismissing as with-drawn an appeal preferred by the respondent before me against an order of the collector acting under section 44 b, madras hindu religious endowments act holding that the inam in question consisted only of the melwaram, the respondent filed the suit out of which this second appeal arises for a ..... said to have decided the appeal, as these two words 'aggrieved' and 'decided' used in the proviso to sub-clause (ii) |of clause (d) to sub-section (2) of section 44-b of the act ought to be understood. says the learned counsel, the plaintiff chose not to press the appeal to the district collector which did not therefore go to a .....
Tag this Judgment!Court : Chennai
Decided on : Sep-16-1949
Reported in : AIR1950Mad284
..... separate contracts of lease and hire is to destroy, it altogether. mr. ramchandra iyer argued that the furniture which was covered by the lease fell within the definition of section. 2 of the act. we do not agree. the observations of the learned judges in app. no. 590 of 1945 (patanjali sastri and bell jj.) in dealing with the plant, ..... the general law in accordance with the agreement between the parties, the only question to be considered was whether there was a default within the meaning of section 7 (2) (i) of the act. as there was clearly such a default he found that the lessees were liable to be evicted. he overruled their plea that the arrears of rent ..... contract is entered into between a landlord and tenant giving the tenant larger rights and greater privileges than those conferred on him by the act. in the present case though under section 7 (2) (i) of the act the landlord may be entitled to apply for eviction even when there was default in payment of a month's rent, the lease .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-1949
Reported in : AIR1950Mad243
..... , king-emperor v. benoari lal sarma .'the second objection has attracted more support, but is, in their lordships' opinion, equally unfounded. it is undoubtedly true that the governor-general acting under section 72 of schedule 9 must himself discharge the duty of legislation there cast on him, and cannot transfer it to other authorities. but the governor-general has not delegated his ..... legislative power which might be justified by the decisions of the judicial committee in empress v. burah, 4 cal 172: 5 i. a. 178 p. c., hodge v. the queen, (1884) 9 a. c. 117: 53 l.j. p. c. 1 and powell v. apollo candle co., (1885) 10 a. c. 282 : 54 l. j. p. c. 7. the test laid ..... be found in the case of the queen v. burah, 4 cal. 172 : 3 a. c. 889: 5 i. a. 178, lately before this board.'in hodge v. the queen, (1884) 9 a. c. 117 : 53 l.j. p. c. 1, the power of a local legislature to entrust to a board of commissioners under the liquor license .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-1949
Reported in : AIR1950Mad492
..... for the same reason, appeal against an adverse order under section 8(2) of that act (section 75 of act v (5) of 1920) is, we think, erroneous and must be overruled. if there is a flagrant case of a sale by the receiver ..... v. official assignee madras : air1926mad556 in so far as it laid down that the insolvent could, in no circumstances, apply to the court under section 86, presidency towns insolvency act (section 68 of the act v (5) of 1920) to set aside a sale by the official assignee because he had no legal interest in the estate and could not, ..... parry j. and adopted by the court of appeal : 'on the wife being adjudicated bankrupt, all her property passed to and vested in the official receiver under section 58, bankruptcy act, 1914. thereafter only the trustee could deal with the property; only he could effectively complain against the mortgagee; only he could settle accounts with the mortgagee. the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-1949
Reported in : AIR1950Mad369
..... the minor agraharamdar.4. the question for decision is whether this item of 7 acres 33 cents would come under the definition of 'estate' as defined in section 8(2)(d), madras estates land act. section 3 (2) (d) includes in the word 'estate,' any inam village of which the grant has been made, confirmed or recognised by the british government, notwithstanding that ..... of the inam village of sankarshanapuram. i am therefore of opinion that the suit properties are not properties which come under the definition of an inam in section 3 (2) (d), madras estates land act. it is pointed out, and it is also referred to in the judgment of the lower appellate court, that an unreported decision of this court in ..... judges whose decisions i have cited before. it seems to be in consonance with the language and the meaning of an inam village included an 'estate' as de fined in section 3 (2) (d), madras estates land act. in the result the revision petitions are dismiss ed with costs--one advocate's fee.
Tag this Judgment!Court : Chennai
Decided on : Oct-12-1949
Reported in : AIR1950Mad410
..... of this nature in mrs. evelyn popaly v. official assignee, madras, : air1936bom321 , and held that the proviso was not a bar, as sub-section (5) of section 36 of the act related only to property admittedly belonging to the insolvent and not to property, the ownership of which was in dispute, and that therefore the matter was ..... shows that the parties did not agree for trial of the dispute in the insolvency jurisdiction which must necessarily refer to a trial winder section 7, as under section 36 of the act even by agreement of parties an adjudication of a disputed claim is not possible two questions were raised before the full bench. one was ..... the pull bench in official assignee, madras v. narasimha mudaliar : air1929mad705 , that the present applications do not he the respondent having been examined under section 36, presidency towns insolvency act and that suits must be filed. this objection seems to me to be based on a misunderstanding of the observations in the case referred to. when .....
Tag this Judgment!Court : Chennai
Decided on : Oct-13-1949
Reported in : AIR1950Mad387
..... that have been argued relate to the jurisdiction of the civil court to entertain the suit for ejectment and rent. even if my interpretation of section 8, sub-section (5) of the act is erroneous, it is argued by the appellant that the suit for ejectment and rent would lie only in a civil court. the contention is ..... demudu v. papayyaraju : air1944mad136 has been relied upon by mr. reddi pantulu the learned advocate for the respondent. with reference to the interpretation of section 8, sub-section (5) of the act, the learned judge observed as follows:'there seems to me no doubt when the legislature spoke of the tenant acquiring occupancy right during the period between ..... the arguments in this court proceeded on the basis of their correctness.2. mr. dhikshitulu, the learned counsel for the appellant, argued that section 8 (5), madras estates land act (hereinafter called the act) as amended in 1936 on which the claim of the laud, holder for eviction was based does not apply to the present case. .....
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