Court : Chennai
Decided on : Jun-22-1973
Reported in : (1976)ILLJ15Mad
..... the labour court is in any way not warranted on the facts. it is only in cases where reinstatement of a worker whose services have been terminated would result in explosive industrial relations between the management and the terminated workers that it would be necessary for an industrial court to consider whether the alternative remedy of awarding compensation would be adequate ..... it is seen that there were conciliation proceedings before the labour officer which failed and consequent upon such failure a reference was directed by the state government under the appropriate section of the industrial disputes act. i cannot, therefore, see any error of law or erroneous exercise of jurisdiction in the award challenged.5. the writ petition is dismissed. .....
Tag this Judgment!Court : Chennai
Decided on : Jul-30-1973
Reported in : (1974)2MLJ179
..... as is generally done with regard to an authority who exercises general powers of superintendence. consequently, simply as a matter of construction, though sub-section (1) of section 21 of the act does not expressly state whether the power should be exercised sua motu or on application it can be easily held that the power can be exercised ..... life', and that the legislature must have intended to insert the words 'or such serious personal injury', otherwise the words 'or if any serious personal injury arises from explosion therein' were wholly inoperative. the court, however, declined to imply that these words had been omitted by accident and the court stated, ' we cannot take upon ourselves ..... of coal mines act of 1855, which enacted that if loss of life to any person employed in a coal mine occurs by reason of any accident within such coal mine, or if any serious personal injury arises from explosion therein, the owner of such mine shall, within twenty-four hours next after such loss of life .....
Tag this Judgment!Court : Chennai
Decided on : Sep-12-1973
Reported in : AIR1974Mad375
..... goods so as to escape from liability. in view of the fact, that the trial court was absolutely oblivious to the change effected in section 73 of the indian railways act by act 39 of 1961, it had no occasion to frame the necessary issues and concentrate its discussion on the real points that had to be decided ..... the consignee; (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; (i) fire, explosion or any unforeseen risk; provided that even where such loss, destruction, damage, deterioration or non delivery is proved to have arisen from any one or more of the aforesaid ..... liability of the railways in this behalf has been completely changed by virtue of the amendment to the relevant sections of the act made in 1961. section 73 of the act so amended is as follows:'73. save as otherwise provided in this act, a railway administration shall be responsible for the loss, destruction, damage, deterioration or non-delivery, in .....
Tag this Judgment!Court : Chennai
Decided on : Nov-02-1973
Reported in : (1974)1MLJ380
..... stipulation made by the tenant in writing registered as to the erection of buildings' so as to attract, in favour of the landlord, the proviso to section 12 of the act.13. the question as to whether a tenant who had covenanted in an unregistered lease deed that the tenant was not to raise any building but who ..... -1 that : the commencement of the lease and the occupation of the site will be after the respondent, obtained necessary sanctions from the various authorities lite the inspector of explosives, the commissioner of police, and the . corporation of madras. on 9th september, 1955 under exhibit; b-2 the appellant replied, to exhibit b-1 by stating that ..... the respondent in putting up the superstructure notwithstanding his awareness that the lease was a terminable one cannot disentitle the respondent to the benefits conferred under sections 3 and 9 of the act if he were otherwise entitled to the same.15. it now remains for me to consider the second main argument of mr. sivamani viz., that .....
Tag this Judgment!Court : Chennai
Decided on : Jan-05-1973
Reported in : AIR1973Mad443; (1973)1MLJ435
..... not granting injunction as the case may be, in such cases. sri ramaswami, learned counsel for the respondent cited decisions to show that the high court cannot under section 115, civil p. c. interfere with the findings of the courts below. i am quite aware of the fact that the jurisdiction of the high court under ..... injunction will be irreparable.14. in deciding whether in any particular case this right has been invaded and a nuisance thereby caused, it is necessary to determine whether the act complained of is an inconvenience materially interfering with the ordinary physical comfort of human existence, not merely according to elegant or dainty modes and habits of living, but according ..... to the person and property of the respondent. courts have no power to grant the relief in the absence of such a prima facie finding. the courts below have acted illegally in their jurisdiction to decide a case of this nature. taking into consideration ex. a-5 and also the working or non-working of the 7.5 hp .....
Tag this Judgment!Court : Chennai
Decided on : Jan-11-1973
Reported in : AIR1974Mad57
..... the decisions of the madras high court are concerned they turn upon the construction of the definition of 'building' contained in the madras buildings (lease and rent control) act, 1960. sections 2(2) defines 'building' as meaning any building or hut or part of a building or hut, let or to be let separately for residential or non-residential ..... although the term of the lease deed had expired, the landlord would not be in a position to evict the tenant except for anyone of the grounds mentioned in section 10 of the act.'the learned judges followed the decision of the supreme court in karnani properties ltd. v. miss augustine : [1957]1scr20 in mohammad jaffer ali v. s. ..... the furniture and fittings therein and that no transfer of business was involved, referred to the decision of the court of appeal in ex parte turquand in re parker, (1884) 14 qbd 636. in the said case, the notoriety of the custom for hotel keepers to hire the furniture for their hotels was referred to. that case related to .....
Tag this Judgment!Court : Chennai
Decided on : Jan-22-1973
Reported in : AIR1974Mad178
..... case, it seems to have been contended that the term "personal injuries not causing the death of the party" in section 89 of the probate and administration act (corresponding to section 306 of the indian succession act) would relate only to bodily injuries and not to injuries such as malicious prosecution. such a contention had been negatived ..... present civil miscellaneous appeal, whether on his death during the pendency of the appeal, the appeal should abate.4. a plain reading of section 306 of the indian succession act would undoubtedly go to show that the cause of action regarding the injuries sustained by the petitioner in this case would not survive on ..... whether the physical injuries sustained by the petitioner come under the clause "other personal injuries not causing the death of the party" excepted under section 306 of the indian succession act. the second aspect is, the claim having been filed by the injured himself and the same having been partially allowed, after which the injured .....
Tag this Judgment!Court : Chennai
Decided on : Jan-22-1973
Reported in : AIR1973Mad473; (1973)2MLJ203
..... before me that the only method known to law for becoming a co-owner was as contemplated by s. 45 of the transfer of property act, and that the provisions of that section not being applicable to the present case the appellants herein could not institute the present suit for partition as if they were co-owners along ..... with the second defendant. i am unable to agree with this contention. section 45 of the transfer of property act has a limited operation. all that the section says is that, where immovable property is transferred for consideration to two or more persons and such consideration is paid out of ..... to the contrary respectively entitled to interest in such property in proportion to the shares of the consideration which they respectively advanced. thus it will be seen that section 45 only states that the interest inter se as between the several joint purchasers of an immovable property will subject to contract between them, be in the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1973
Reported in : (1974)1MLJ387
..... and if he successfully passes the examination, he would be enlisted as a regular advocate. these provisions, in short, are the relevant provisions for our purposes.3. section 24 of the advocates act of 1961, as it originally stood prior to the amendment of 1968, prescribed certain educational qualifications, to wit, a degree in law from any university in the ..... but for the accident of his having been in public service on the crucial date, and that such entitlement by itself is sufficient within the meaning of section 58-aa of the act to enrol him as an advocate on the rolls of the bar council of tamil nadu. that the second respondent in each of these petitions is qualified ..... advocates delineated in the arrete, then such entitlement per se would enable him to seek entry in the roll of advocates kept by the bar council under section 17 of the advocates act of 1961. it is conceivable that in situations like that, it would not be possible for such a public servant to apply to the bar council of .....
Tag this Judgment!Court : Chennai
Decided on : Feb-05-1973
Reported in : AIR1974Mad273
..... which has already been decreed, cannot be dismissed thereby nullifying the decree. there is no difference between a preliminary decree and a final decree in this regard.8. section 2, sub-sec. (2) c.p.c. defines 'decree' as 'the formal expression of an adjudication which, so far as regards the courts expressing it, conclusively determines the ..... concerned to nullify its effect so as to restore the family to its original joint status. it is further pointed out that the withdrawal of the unilateral act of declaration of intention to separate which had already resulted in a division in status cannot amount to an agreement to reunite. this decision has been referred ..... declaration. in this regard, there is no distinction between a coparcener who is sui juris and a coparcener who is a minor and on whose behalf of next friend acts, except that such declaration is subject to the approval by court. in pedasubbayya v. akkamma, , their lordships of thesupreme court observe-"now, the hindu law makes .....
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