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 : 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 : 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 : 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 : Dec-20-1973
Reported in : AIR1974Mad301
..... is any substance in the argument of the learned counsel for the third and fourth defendants to the effect that the suit will fall under section 105(c) of the trade and merchandise marks act, 1958. the lower appellate court has correctly considered this aspect and has rejected the contention.19. under these circumstances, the second appeal is ..... venkatachalapathi, also submitted that his clients are not benamidars for the first defendant and that in any event the suit was in effect one under section 105(c) of the trade and merchandise marks act, 1958, and as such the judgment of the trial court is without jurisdiction.9. i have been taken through the pleadings and other ..... 3rd respondent (first defendant).' as regards the contention raised by defendants 2, 3 and 4 questioning the jurisdiction of the court in view of section 105(c) of the trade and merchandise marks act, 1958, the lower appellate court held that the case on hand is not an action for passing off any goods as the goods of .....
Tag this Judgment!Court : Chennai
Decided on : Dec-06-1973
Reported in : (1975)2MLJ323
..... the value of the landlord's light as against tenant's rights in the land acquired, on the date of the notification under section 4 (11 of the act. whilst under section 23 of the act the value of the land together with its inhered potential can also be evaluated, when we come to apportionment of the compensation as ..... claimant in the compensation awarded by the court and which compensation has come to court by reason of the reference made by the collector under section 31 of the land. acquisition act. we are therefore not impressed with the extreme contention of the second claimant that the entire compensation has to be invested and he is ..... no agreement between the claimants regarding the proportion in which the compensation has to be apportioned as between them within the meaning of section 29 of the land acquisition act, refer the dispute under section 30 to the civil court for a determination and settlement of the said dispute and for the ultimate ascertainment of the compensation payable .....
Tag this Judgment!Court : Chennai
Decided on : Nov-29-1973
Reported in : (1974)2MLJ66
..... the first respondent could plant banana trees and enjoy the usufructs therefrom, the respondent would not be entitled to a relief of recognition as a tenant under section 2 (aa) of act xxv of 1955. the special deputy collector also found as a fact that the first respondent admitted before the record officer that there were coffee and banana ..... having an interest in immovable property or 'the land'. this is the essence and foundation for the proof and establishment of a right within the meaning of section 2 (aa) of the act. it, therefore, follows that if a person claiming such a right is unable to point out clearly that a piece of land is in his sole ..... in immoveable property. for a person to secure an interest in immoveable property and project rights as a cultivating tenant within the meaning of section 2 (aa) of the madras cultivating tenants' protection act, he should be a person who contributes his own physical labour or that of any member of his family in the cultivation of any .....
Tag this Judgment!Court : Chennai
Decided on : Nov-26-1973
Reported in : (1974)2MLJ404
..... passing observation as stated above. i do not think the contention of thiru parasaran as if the rule of estoppel will be available only in cases where section 43, transfer of property act, can be invoked, is made as a proposition of law for all types of cases. the observations of the supreme court made in that decision is ..... thiru parasaran submitted that unless section 43, transfer of property act comes into play, a party cannot sustain his claim or right on a mere rule of estoppel. in that case,, the plaintiff who filed the suit ..... available to the defendants in view of the following observations therein:besides estoppel is but a rule of evidence and except in cases like those under section 43 of the transfer of property act, when a grant is fed by estoppel, the rule does not operate to create interest in property regarding which the representation is made.on this, .....
Tag this Judgment!Court : Chennai
Decided on : Nov-22-1973
Reported in : 1974CriLJ1114
..... no. 325 of 1971 of arumani police station under clause 3 of the southern states (regulations of export of rice) order, 1964 read with sections 3 and 7 of the essential commodities act and section 307, t. p.c. which is now pending trial before the additional i class magistrate, kuzhithurai in crime no. 922 of 1971 of kuzhithurai ..... police station under clause 3 of the southern states (regulations of export of rice) order 1964 read with sections 3 and 7 of the essential commodities act which ended in acquittal for want of legal evidence, respectively.10. the further averment in the order of detention against c. h. dhas (detenu) ..... three persons arthur hendrose alias manthri, c. h. dhas alias k. c. dhas alias rajan and c. wilson under section 3 (2) (b) read with section 3 (1) (a) (iii) of the maintenance of internal security act, 1971 (central act 26 of 1971). c. h. dhas and c. wilson were arrested and detained, but arthur hendrose is absconding and he .....
Tag this Judgment!Court : Chennai
Decided on : Nov-16-1973
Reported in : 1974CriLJ1116
..... the learned trial magistrate and pandy and 21 others were a party. they were convicted of an offence under section 160 of the indian penal code.2. the principal argument of the learned counsel for the petitioners is that the ingredient of section 159 of the indian penal code, namely, 'public place' has not been proved by the prosecution in the light ..... , give the benefit of doubt to the petitioners in cr.p.c. nos. 274 of 1972 and 165 of 1973 and acquit all the petitioners of the offence punishable under section 160 of the indian penal code.4. the fines, if paid, shall be refunded to the petitioners.
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