Court : Chennai
Reported in : AIR1939Mad17; (1938)2MLJ745
..... 3 and 4 of the madras electoral rules framed under the government of india act, section 72(a) (4) which empowers the making of provision by rules under the act for certain purposes, among them beingthe qualification of electors, the constitution of constituencies and the method of election of the governor's legislative council...and any matters incidental or ancillary thereto.2. ..... one argument in appeal is that the rules enabling the forfeiture of a deposit made by the unsuccessful candidate are ultra vires of the local government, seeing that this section under which these rules are framed contains no provision for the imposition of such a penalty. .....
Tag this Judgment!Court : Chennai
Reported in : (1939)1MLJ509
..... we are here governed by the provisions of the indian contract act, and section 233 of that enactment states that in cases where the agent is personally liable, a person dealing with him may hold either him or his principal, or both of them liable. ..... there is no ambiguity in the language used in the section and i am unable to see anything unreasonable in the rule which it embodies ..... an illustration is given to the section and it is in these words:a enters into contract with b to sell him 100 bales of cotton, and afterwards discovers that b was acting as agent for c. ..... firm as he was helping them with finance and taking goods from them, but this would fall far short of a guarantee. ..... firm had not sufficient capital to finance their contracts with the appellants. ..... , expressed the opinion that the section could only be construed as meaning that the plaintiff might sue both the principal and the agent in the alternative, but he could not get judgment against both of them jointly for the amount sued ..... they had to finance transactions at a time when the two firms were deemed by the appellant-respondents to be distinct ..... firm, which was only natural considering the relationship, they had to finance the transactions. ..... yet it is quite clear that before his death the appellants were financing the m.a.p. ..... the plaintiff-respondents here have relied on correspondence which shows that the appellants were financing the m.a.p. ..... shamsudin's firm were financing the m.a.p. ..... firm were acting as agents of the appellants .....
Tag this Judgment!Court : Chennai
Reported in : AIR1939Mad450; (1939)1MLJ352
..... the author says:therefore it is a settled point that property in the paternal estate is by birth, although the father has independent power in the disposal of effects other than immovables, for indispensable acts of duty and for purposes prescribed by texts of law as gifts through affection, support of the family, relief from distress and so forth, but he is subject to the control of his sons and the ..... amount which may be found due by an arbitrator on the taking of accounts between the parties was held not to amount to a promise to pay a debt within the meaning of section 25 of the contract act, the amount not being a liquidated sum. ..... which proceeded on the meaning of the word as used in two different statutes, and it was held that such a liability cannot be regarded as a debt within the meaning, in one case of section 4(1)(a) of the succession certificate act (vii of 1889) and in the other, within section 25 of the contract sact (ix of 1872). ..... whether the effect of section 43 of the english act is anything more than the putting to an end of all difficulties in the way of the application of the rule of limitation to such a cause of action, ..... reliance was placed on section 43 of the english partnership act, 1890, which runs as follows:subject to any agreement between the partners, the amount due from surviving or continuing partner or partners to an outgoing partner or the representatives of a deceased partner in respect of the outgoing or ..... section 29 of the english partnership act, .....
Tag this Judgment!Court : Chennai
Reported in : (1939)1MLJ31
..... said that as the income-tax act does not come into operation in any year until the finance act has been passed, the income-tax act must be treated as a statute which is passed every year, and the words 'british india' must be deemed to mean british india as it stands at the time of the passing of the finance act and not what it was in the ..... in this case sustained the loss on the working of her saw mill in burma, burma was part of british india, and if section 3 and section 4(1) are to be read together, as in our opinion they must be, the loss must be deemed to have been sustained in british ..... section 4(1) states:save as hereinafter provided, this act shall apply to all income, profits or gains, as described or comprised in section 6, from whatever source derived, accruing or arising or received in british india or deemed under the provisions of this act to accrue, or arise, or to be ..... section 3 is the charging section and it provides that where any act of the central legislature enacts that income-tax shall be charged for any year at any rate or rates applicable to the total income of an assessee, tax at the rate or those rates shall be charged for that year in accordance with, and subject to the provisions of, the act in respect of all income, profits and gains of the previous year of every individual, hindu undivided ..... arguments advanced on behalf of the income-tax authorities it is necessary to refer to the provisions of section 3 and of section 4(1) of the indian income-tax act. .....
Tag this Judgment!Court : Chennai
Reported in : [1938]6ITR720(Mad)
..... 'it is said that as the income-tax act does not come into operation in any year until the finance act has been passed, the income-tax act must be treated as a statute which is passed every year and the words 'british india' must be deemed to mean british india as it stands at the time of the passing of the finance act and not what it was in the previous year. ..... of the calcutta high court to the same effect - in re behari lal mullick.when the assessee in this case sustained the loss on the working of her saw mill in burma, burma was part of british india, and if section 3 and section 4(1) are to be read together, as in our opinion they must be, the loss must be deemed to have been sustained in british india. ..... or those rates shall be charged for that year in accordance with, and subject to the provisions of, the act in respect of all income, profits and gains of the previous year of every individual, hindu undivided family, company, firm and other association of individuals, section 4(1) states :-'save as hereinafter provided, this act shall apply to all income, profits or gains, as described or comprised in section 6, from whatever source derived, accruing or arising or received in british india or deemed under the provisions .....
Tag this Judgment!Court : Chennai
Reported in : AIR1939Mad783; (1939)2MLJ296
..... those rights had been denied to them solely on the ground that they had failed to pay certain customary contributions to the funds out of which the festival was financed; and it was certainly a very arguable question, granting that there had been a default in the payment of contributions, whether the majority faction was justified in enforcing payments of contributions by refusing the usual facilities to the ..... with reference to this contention, it cannot, i think, be denied that a suit for damages for malicious prosecution can be based on the institution of proceedings under section 144 of the criminal procedure code, provided that the necessary facts are established. ..... but when we are dealing with quasi civil proceedings such as those under section 144, criminal procedure code, in order to establish the essential fact of damage, it is not sufficient merely to prove that there was a petition in which an allegation was made of a danger to the public peace by the withholding of a private ..... them on account of the default in the matter of payment of subscriptions, when it is not clearly established, that the denial of the privilege was the customary way of enforcing liability for subscriptions, cannot be said to have manifestly acted without reasonable and probable cause in asserting their rights before the magistrate. ..... whether they were acting without reasonable and probable cause in saying that a breach of the peace was likely as a result of the withholding of those rights is a more .....
Tag this Judgment!Court : Chennai
Reported in : (1939)2MLJ639
..... bank, it was suggested that the bank should apply to the reserve bank to undertake an immediate and thorough investigation through competent auditors and accountants appointed by them into the affairs of the bank and agree to act according to such advice as might be tendered, as a result of the investigation 'for the continuation, reorganisation, or liquidation of the bank, whichever course was finally suggested'.3. ..... court regards the publication by the 'madras mail' of the leading article of the 22nd july, and the letter from 'a creditor' and the publication by the 'hindu' of the statement of the managing editor of the 'indian finance' as also constituting contempt of court, but will treat the other published statements as not being in contempt. ..... discussions took place between the minister for industries, the officials of the finance department of the government of madras, and the deputy governor of the reserve bank on the 27th june and between the prime minister and the deputy governor on the 29th june. ..... as in the case of the first and second respondents, the court accepts the statement that the editors had no intention of acting in contempt and that their bona fides are not in any way in question. ..... the 'hindu' published a statement from the 'secretary, central committee of creditors, travancore national and quilon bank, madras', and a statement from the managing editor of 'indian finance' strongly recommending the acceptance of the scheme. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1939Mad794; (1939)1MLJ445
..... i have held that it was not on the findings possible to hold that an offence under section 430, indian penal code, had been committed, because the act of bunding up the channel did not and could not cause any diminution of the supply of water for agricultural purposes and the quantity of water available for agricultural ..... water he took and whether in taking it he diminished the quantity of water to which another person was entitled, found that the accused was not entitled to the water he took and that his act in diverting it had lessened the quantity which the other ryots were entitled to receive for agricultural purposes. ..... it is urged for the accused that their act does not amount to an offence under section 430, indian penal code, because they used the water for agricultural purposes and there was no diminution of the supply available ..... the sluice was not impaired in any way and the only ground upon which the act was held to be an act of mischief was that it reduced the quantity of water available for the other ryots ..... in that case the second class magistrate convicted the accused under section 430, indian penal code, for opening without permission the sluice of a channel in order to take ..... convicted by the stationary sub-magistrate, ellore, of an offence under section 430, indian penal code, and sentenced to pay a fine of ..... for the purposes of section 430 that the supply of water available for a particular person or class of persons should be diminished by the act of the accused. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad306
..... the petitioners, twelve in number, were convicted of the offence of mischief punishable under section 430, penal code; and sentenced each to pay a fine of rs. ..... the only point that has been urged before me is that the act does not constitute the offence of mischief as there was no criminal intention in the closure of the sluice and that the closure was in the exercise of a bona fide right for the purpose of protecting the petitioners' ..... in these circumstances, it can hardly be said that the act of closing the middle sluice was 'mischief' as defined in the penal code. ..... an act like this which is done as it were to protect their own property and in the reasonable belief that no unlawful harm or damage was going to be caused cannot be regarded as an act constituting a criminal offence. ..... the act alleged against the petitioners is the closing of the middle sluice of the tank known as the baddi tank in gumadam village on 17th september 1937 after the same had been opened by the amin of the vizianagaram .....
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad258
..... of the sum on deposit by way of assignment under the judicature act, 1873, section 25, sub-section 6, and that the omission to give notice to the bank was immaterial. ..... their business was financed by brandts and also by another firm of bankers. ..... c-1 would operate as an absolute assignment of the debt even in english law within the meaning of section 25, clause 6, judicature act. ..... whether the assignment can be termed legal or equitable under the english law, it is an assignment within the meaning of section 130, t.p. ..... much more so would it under section 130, t.p. ..... act. mr. ..... act. .....
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