Court : Chennai
Decided on : Jun-23-1989
Reported in : AIR1990Mad76
..... section 59 of the act (old section 52 of act 1951) the section will prevail over the clause in the scheme. thus the suit suffers from the defect that it has not been filed by the commissioner or ..... institution of the suit.'in venkatesha malia v. rammapalli ramaya hegade, air 19i5 mad 127 a division bench of this court dealing with the sanction obtained under section 18 of the religious endowments act (20 of 1863) ruled (as the head notes correctly read) that,'sanction for instituting suits against trustees of religious establishments should be construed strictly without enlarging ..... . but this clause in general relates to proceedings in the court and as regards the filing of a suit as against the trustee, in the act itself it is specifically provided in section 59 as to how it shall be filed. even if it can be said that there is any repugnancy between clause 15 of the scheme and .....
Tag this Judgment!Court : Chennai
Decided on : Jun-23-1989
Reported in : (1989)2MLJ11
..... section 59 of the act (old section 52 of act 1951) the section will prevail over the clause in the scheme. thus the suit suffers from the defect that it has not been filed by the commissioner or ..... in venkatesha mallia v. bammapalli ramayya hegade and ors. a.i.r.1915 mad 127 a division bench, of this court dealing with the sanction obtained under section 18 of the religious endowments act (20 of 1863) rules (as the head notes correctly read) that,sanction for instituting suits against trustees of religious establishments should be construed strictly without enlarging their ..... mutt. but this clause in general relates to proceedings in the court and as regards the filing of a suit as against the trustee, in the act itself it is specifically provided in section 59 as to how it shall be filed. even if it can be said that there is any repugnancy between clause 15 of the scheme and .....
Tag this Judgment!Court : Chennai
Decided on : Jun-23-1989
Reported in : (1989)1MLJ502
..... representatives of the deceased landlord. according to him the findings of the authorities below are perverse in nature and, therefore, this court has got ample jurisdiction under section 25 of the act and he relied on the decision of the supreme court report in vinod kumar v. surjit kaur : [1987]3scr552 in support of his contentions.5. in ..... the legal representatives of the landlord, the respondent ought to have deposited the entire rents before the rent controller as provided under the act. elaborate provision is made under section 8 of the rent control act for payment of rent in cases where a landlord refuses to accept or avoides the receipt of any rent. in cases where the ..... lord or his authorised agent is not known to the tenant, he may deposit the rent before the rent controller under section 9(1) of the act. again, there is a provision under section 9(3) of the act enabling the tenant to deposit rents before the prescribed authority where any bona fide doubt or dispute arises as to the .....
Tag this Judgment!Court : Chennai
Decided on : Jun-26-1989
Reported in : (1990)ILLJ593Mad
..... or indirectly by way of dividends, bonus etc. 11. no commercial activity is carried on, is the admitted case. (i) the society is registered under the societies registration act. (ii) it is established by central government. (iii) it receives grant from the central government. (iv) it imparts training. (v) students are selected on all-india ..... appellant, would urge that the construction placed by the learned single judge on the words 'other educational institutions' occurring in s. 32(v)(b) of the act is not correct. it was further submitted that the first respondent institution is only an adjunct and not an educational institution. in support of this submission, ahmedabad ..... for sale in addition to undertaking job works charging machine-hour rates etc. thus, it is an 'establishment' under the provisions of the payment of bonus act, 1965. it was further claimed that the first respondent is neither a university nor an educational institution or a welfare institution without profit basis. it was .....
Tag this Judgment!Court : Chennai
Decided on : Jun-28-1989
Reported in : (1991)2MLJ436
..... for mesne profits, or for an amount which will be found due on taking unsettled accounts, the plaint need only state approximately the amount sued for. section 11 of the court-fees act, 1870 makes the position even clearer. it shows that the claim in a suit for mesne profits is only a rough estimate even if a precise ..... argued that mesne profits should not be fixed on the basis of rent which it could have fetched. i have already extracted the definition of 'mesne profits' in section 2(12) of the code. it refers not only to the profits actually received but also profits which might with ordinary diligence have been received. hence there is ..... fetch if it is let out normally in open market. that will be certainly a relevant criterion for fixation of mesne profits. 'mesne profits' has been defined in section 2(12), code of civil procedure, as profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with .....
Tag this Judgment!Court : Chennai
Decided on : Jul-10-1989
Reported in : (1989)2MLJ202
..... to set up in the plaint that the temple is his private temple can move the concerned deputy commissioner for making a declaration to that effect under section 63(a) of the act and that the right to manage a temple by a denomination is not recognised or referred to by a denomination is not recognised or referred to ..... it is held that the temple in question is a denominational institution it will not automatically follow that section 47 or section 49 or section 49-a of the act will not apply, and the temple in question is not liable to pay contribution under the act.the above view was reiterated in s.a. no. 2239 of 1976 rendered by ratnavel pandian, ..... (both as they then were), after considering the definition of 'religious institution' under act 22 of 1959 and the relevant provisions of sections 51 and 107 of the act, held:thus it is clear that the denominational temple is not outside the purview of the act, but only certain restrictions have been imposed on the exercise of the power on the .....
Tag this Judgment!Court : Chennai
Decided on : Jul-11-1989
Reported in : AIR1990Mad108
..... his argument on the terms of the policy issued in the present case and marked as ex. p. 1, which we find is in accordance with section 95 (1)(b)(i) of the act. that section stands extracted as follows :'in order to comply with the requirements of this chapter a policy of insurance must be a policy which-(a).....(b) insures the ..... been a liability incurred by the insured to a third party. the terms of the policy of insurance issued, namely, ex. p. 1 being in accord with section 95(1)(b)(i) of the act, the policy of insurance could cover only the liability of the insured to a third party. the purpose of the provision is to protect the interests of ..... so, in mallika v. s. v. alagarsami (died), 3982 acj 272 a bench of this court has adverted to the scope of section 95 (1)(b)(i) of the act though the facts of that case were different, and while doing so, there is a reference to the pronouncement of the supreme court in minu b. mehta v. balkrishna ramachandra .....
Tag this Judgment!Court : Chennai
Decided on : Jul-12-1989
Reported in : (1990)2MLJ365
..... with principles of natural justice. no doubt in proceedings between the licensor and the licensee, the above decision would apply with all force. however, a proceeding under section 3-a of the act, being one between the landlord and his tenant (government), rights inter se licensor and licensee, could not be determined. the decision, therefore, does not apply ..... learned judge that rule 20 which requires the occupant, to furnish particulars to an authorised officer personally inspecting the premises, while considering the applications under sections 3-a and 12 of the act, as creating a right in the allottee to be present at the time of such inspection and make representation. a reading of the rule ..... referred to above, ramanujam, j., in s. swaminathan v. the state of tamil nadu and ors. 98 l.w. 346 held that section 3-a and the rules made under the act, appear to proceed on the basis that even-though the government is the statutory/tenant and the allottee is merely a licensee in occupation of .....
Tag this Judgment!Court : Chennai
Decided on : Jul-20-1989
Reported in : 1990ACJ873; AIR1991Mad3
..... statutory requirement.6. lastly, learned counsel for the insurance company, appellant herein, wouldsubmit that there excepts liability in case the vehicle was used for reliability trial. section 96(2) of the act enables the insurance company to defend an action for claim only on the enumerated grounds. this ground, namely, user of the vehicle on reliability trial, does ..... as a result of which the accident occurred, causing the death of a person who was travelling in the car. there was advertence to sec. 95(1)(b), proviso (ii) of the act, to hold that it is not required that the policy of insurance should cover such a risk. that is the position evident from a ..... of the language of the said proviso. let us examine the relevant provisions of the act. chapter viii of the act deals with insurance of motor vehicles against third party risks. for our purpose, advertence to ss. 93, 94 and 95 may be sufficient. section 93(d) defines 'third party' thus:' 'third party' includes the government.'this is .....
Tag this Judgment!Court : Chennai
Decided on : Jul-20-1989
Reported in : (1989)2MLJ120
..... statutory requirement.6. lastly, learned counsel for the insurance-company, appellant herein, would submit that there excepts liability in case the vehicle was used for reliability trial. section 96(2) of the act enables the insurance-company to defend an action for claim only on the enumerated grounds. this ground, namely, user of the vehicle on reliability trial, does not ..... the death of the pillion rider.5. learned counsel for the insurance-company-appellant herein, thirdly wants to base a submission on the proviso (ii) to section 95(1)(b) of the act, to say that a policy shall not be required to cover risks for persons, who do not travel for hire or reward or in other words who ..... and as a result of which the accident occurred, causing the death of a person who was travelling in the car. there was advertence to section 95(1)(b) proviso (ii) of the act, to hold that it is not required that the policy of insurance should cover such a risk. that is the position evident from a reading .....
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