Court : Chennai
Reported in : AIR1944Mad518
..... execution of this agreement is to the advantage of the ward. the court must however be limited by the restrictions on alienation under the impartible estates land act. section 4 (1) of that act, provides that:the proprietor of an impartible estate shall be incapable of alienating or binding by his debts, such estate or any part thereof beyond his own ..... rest of it: vide hawksley v. cutram (1892) 3 ch. 359. in this view it is not necessary to go into the question whether the provisio to section 49, registration act, is retrospective.17. it has been contended for the respondent that specific performance should be refused by reason of the laches of the appellant and there was also a ..... 27th november 1928 and we may take it that the agreement could not now be enforced if it is deemed to offend against the provisions of that act. under section 35, court of wards act:the court...may give leases...of the whole or any part of such property for such terms, as it thinks fit...and may generally pass such .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad27
..... of coimbatore under section 17(7) of the act, the learned judge set aside the order of disqualification although he held that no appeal lay ..... an order of disqualification for holding a license. this also appears from section 17(1), motor vehicles act, which provides for the imposition of an order of disqualification in addition to any other punishment authorized by law; and clause (7) of the same section confers upon the appellate court the power to revise an order of disqualification ..... learned joint first class magistrate, goonoor, of offences punishable under sections 78, 86 and 116, motor vehicles act, and sentenced to pay fines amounting in all to rupees 45. he was also disqualified for three months for holding a driving license under section 17(1) of the act, but when an appeal was taken to the sessions court .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad127; (1945)1MLJ50
..... case on which the chief judge relied has no application here. the question was whether a person was liable to be prosecuted under section 186 of the penal code for having resisted an attaching officer.7. for the reasons given the answer to the reference must be ..... of the respondent was conclusive. the applicant, however, contended that he was entitled to have his suit decreed because the bailiff had acted unlawfully in seizing the articles when he should merely have served upon him a prohibitory order. two of the learned judges were of ..... the applicant filing a petition asking for the release of what he claimed to be his property. he averred that the bailiff had acted unlawfully in seizing the fans. the correct procedure was, he said, to serve upon him a prohibitory order under order 21, ..... alfred henry lionel leach, c.j.1. this is a reference under section 69 of the presidency small cause courts act. in order to understand the question referred the facts must be stated.2. the respondent filed s .....
Tag this Judgment!Court : Chennai
Reported in : (1945)1MLJ389
..... foodgrains in wholesale quantities without a licence and nothing more does contravene clause 3(1) of the foodgrains control order. in order to attract the mischief of the section there does not have to be any combination of purchase, sale, or storage for sale. there are three separate prohibitions against undertakings which involve (1) the purchase ..... his opinion, a purchase of grain in wholesale quantities without a licence contravened clause 3(1) of the foodgrains control order and so constituted an offence punishable under section 81(4) of the defence of india rules. clause 3(1) of the food-grains control order states:no person shall engage in any undertaking, which involves the ..... v. emperor (1944) 2 m.l.j. 13, kuppuswami ayyar, j., expressed dissent from this view. he pointed out that an undertaking might be a unilateral act; and that if a person stored foodgrains in wholesale quantities for sale 'in future under contracts to be entered into in the future' he will be guilty of the .....
Tag this Judgment!Court : Chennai
Reported in : (1945)1MLJ372
..... of central subjects and a list of provincial subjects. clause 23 of the provincial list was ' religious and charitable endowments.' rules were also framed under section 81-a of the act. these were called ' the reservation of bills rules.' clause 2(a) of these rules provided -that the governor of a governor's province should ..... the other contentions advanced on behalf of the appellants do not call for much discussion. the suggestion that section 298(2) (b) of the government of india act, 1935, renders the act void is obviously untenable. sub-section (1) of section 298 says that no subject of hts majesty domiciled in india shall on grounds only of religion, ..... religious rites of any class of british subjects in british india, unless it had been previously sanctioned by the governor-general under section 80-a (3).18. therefore before the government of india act, 1935, the provincial legislature, had, subject to the control of the governor-general when religion or religious rights were affected, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad409; (1945)1MLJ334
..... , tent and vessel.' the only authority for the interpretation of the words, to which learned counsel have been able to refer me is contained in a note to section 34, abkari act, in the 5th edition of the madras law journal's edition of the civil court manual. reference is there made to venkata reddi emperor 2 c. l.r ..... may arrest without warrant in any public thoroughfare or open place other than a dwelling house any person committing an offence punishable under section 55 or sections 57 or 58 of the act. 2. there is no clear description of the enclosure in which the arrest was made to be found in any, one place in the ..... the lower courts, is that the convictions were bad because the arrest of accused 4 was itself illegal. it is conceded that section 31, madras abkari act, does not apply and that the arrest was made under section 34. section 34 provides that:any officer of the abkari, salt, police, land revenue or customs departments, and any other person duly empowered .....
Tag this Judgment!Court : Chennai
Reported in : (1945)2MLJ435
..... were the allegations defamatory per se? (2) if so, were they true? and (3) if not, were the accused protected by any one or more of the exceptions to section 499, indian penal code? presumably, the 8th and 9th exceptions were invoked. the 9th exception seems to be appropriate.6. it is therefore necessary to look at the evidence. i ..... against the word of the member. i cannot but be impressed by the earnestness of the accused's written statements, especially that of mr. westerdale. that they acted honestly and in good faith in the sense that those expressions are ordinarily understood is beyond doubt. there have been a number of criticisms of their conduct after the ..... is that it shows how extremely difficult it is in a social club for a committee faced with any form of disciplinary action against members or quasi-members to act with universal approval. it is for that reason that, even if wrong, committees deserve and are given that protection (embodied in exception 9) without which it would .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad101; (1945)2MLJ425
..... court below were right in holding that the tax was payable in respect of the half-year. rule 8 of the taxation and finance rules set forth in the fourth schedule to the act reads as follows:(1) the assessment books shall be completely revised by the executive authority once in every five years.(2) the ..... 29th august, 1939, the building was exempt from property tax by reason of section 83(1)(c) of the madras district municipalities act, 1920. on that date, the section was amended by the madras city municipal, district municipalities and local boards (amendment) act, 1939 (madras act xxi of 1939) which inserted a proviso to the effect that nothing contained in ..... clauses (a) (c) and (e) of section 83 should be deemed to exempt from property tax a building for which rent was payable by the person or .....
Tag this Judgment!Court : Chennai
Reported in : (1945)1MLJ406
..... appellate assistant commissioner and the income-tax appellate tribunal, madras bench, on this point having proyed unsuccessful, the assessee applied to the tribunal under section 66(1) of the income-tax act to state the case and refer it to this court as a point of law was involved, and the tribunal has accordingly referred the following ..... part of the city. separate sums were allotted as capital and separate sets of accounts were maintained for each of these businesses. the cloth business was also financed from time to time with the money borrowed by the banking business and interest was charged on such advances. the cloth business made losses and was finally closed ..... his headquarters. this is why the assessee's undivided family was treated in this case as 'resident ' in british india within the meaning of section 4-a (b) of the act and the profits accruing abroad were included in the assessment.5. the respondent's learned counsel referred to two additional circumstances as tending to show .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad318
..... the appellate assistant commissioner and the income-tax appellate tribunal, madras bench, on this point having proved unsuccessful the assessee applied to the tribunal under section 66(1), income-tax act, to state the case and refer it to this court as point of law was involved, and the tribunal has accordingly referred the following question ..... part of the city. separate sums were allotted as capital and separate sets of accounts were maintained for each of these businesses. the cloth business was also financed from time to time with the money borrowed by the banking business and interest was charged on such advances. the cloth business made losses and was finally ..... his headquarters. this is why the assessee's undivided family was treated in this case as 'resident' in british india within the meaning of section 4-a(b) of the act and the profits accruing abroad were included in the assessment.8. the respondent's learned counsel referred to two additional circumstances as tending to show .....
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