Court : Chennai
Decided on : Dec-20-1929
Reported in : AIR1930Mad896; (1931)60MLJ25
..... of the high courts, and not in the technical sense in which i think the expression 'original jurisdiction' is used in section 110 of the government of india act. attention may' be drawn to the following observations of the judicial committee in in the matter of casndas narrondas to elucidate the meaning of the expression ..... has inherited the powers of the supreme court by letters patent, in exercising its 'jurisdiction, powers and authority' under section 106 (1) of the government of india act, has no jurisdiction over the governor and council jointly or severally.80. the above conclusion is controverted by the learned counsel for the petitioners by referring ..... 'by reason of anything 'counselled, ordered or done' by that body in its 'public capacity'.69. i shall first deal with section 106 (1) of the government of india act, the relevant provisions of which are as follows:the several high courts . . . have such jurisdiction . . . and all such powers and authority...as are vested .....
Tag this Judgment!Court : Chennai
Decided on : Feb-12-1929
Reported in : AIR1929Mad746; (1929)57MLJ471
..... may also comprise (a) water and drainage tax, (b) lighting tax, and (c) a railway tax.7. no notification has been issued by the government of india after madras act v of 1920 came into force. the question for consideration is whether the municipal council, cuddappah, is entitled to levy 'property tax' in respect of vacant ..... company.4. the ground on which the learned judge held in favour of the plaintiff is that no proper notification has been issued by the government of india under the railways act, making the railway company liable to pay the property tax claimed by the municipal council. to appreciate the dispute between the parties, it is ..... of categories of taxation sectioned without specific reference to the section of the district municipalities act which purports to impose such a tax is ultra vires of the government of india. but i think it is a point which the government of india should carefully consider and if necessary rectify it in future notifications.anantakrishna aiyar, j.3 .....
Tag this Judgment!Court : Chennai
Decided on : Feb-12-1929
Reported in : 121Ind.Cas.839
..... :6. (a) water and drainage tax.7. (b) lighting tax.8. (c) a railway tax.9. no notification has been issued by the government of india after madras act v of 1920 came into force. the question for consideration is whether the municipal council cuddapah is entitled to levy 'property tax' in respect of vacant sites ..... company.4. the ground on which the learned judge held in favour of the plaintiff is that no proper notification has been issued by the government of india under the railways act, making the railway company liable to pay the property, tax claimed by the municipal council. to appreciate the dispute between the parties, it is ..... of categories of taxation sanctioned without specific reference to the section of the district municipalities act which purports to impose such a tax is ultra vires of the government of india. but i think it is a point which the government of india should carefully consider and if necessary rectify in future notifications.3. ananthakrishna iyer, j.--the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-30-1929
Reported in : (1930)58MLJ698
..... of revenue was transferred to collectors, subject to the approval of the board. section 7 (3) of regulation ii of 1806 was repealed by act ii of 1869. i do not appreciate the learned government pleader's suggestion that this section was repealed merely because it was at that time too well known to require retention on the statute book. ..... exhaustive or that the privy council case in sheoparsan singh v. ramnandan prasad singh has overruled the privy council case in robert fischer v. the secretary of state for india in council and sitting here as a single judge, i consider i am bound to follow the interpretation of sheoparsan singh, v. ramnandan prasad singh given in veeramachaneni ramaswami ..... v. soma pitchayya i.l.r.(1919) m. 410 : 38 m.l.j. 226 and the privy council ruling in robert fischer v. the secretary of state for india in council . i am not therefore prepared to hold that the lower courts erred in law in holding that the suit was maintainable.7. i must, therefore, allow the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-04-1929
Reported in : AIR1930Mad727; (1930)59MLJ358
..... with circumstances which are necessary to be proved, such as, the extent of the land cultivated in any particular year and also the amount of assessment levied by the government in that year. it is also noticeable that no definite period is fixed for the payment of rent. in these circumstances it cannot be said in this case that ..... is an improvement lease under which the lands are to be gradually brought under cultivation and until they are so brought under cultivation nothing would be payable either to the government or to the jenmi.3. again, the learned judge refers to a clause in the lease,under which the tenant agrees to pay, from the year in which ..... also gave effect to such 'equitable' constructions as would be recognised in courts of equity only.29. as regards a party's claim to interest, apart from the interest act, the law in india may be taken to be the same as in england [see kamalammal v. peeru meera lavvai rowthen : (1897)7mlj263 and. juggomohun ghose v. kasiree chund (1862) 9 .....
Tag this Judgment!Court : Chennai
Decided on : Oct-16-1929
Reported in : AIR1930Mad356
..... .r. 1921 mad. 414. the decision in venkayya v. sathiraju a.i.r. 1921 mad. 414 was under article 181, lim. act, and the learned judges held that:an application for a final decree is governed by article 181 of the act and the starting point in cases where there has been an appeal from the preliminary decree is the date of the ..... )35mlj507 , mahabir prasad v. kanhaiyalal : air1924all99 , uma, charan v. nibaran chandra : air1923cal389 , jowad hussain v. gendan singh a.i.r. 1926 p.c. 93 and fitzholmes v. bank of upper india . this position is clear and finally settled. but it is argued that the above cases were not cases where what has been called in in these proceedings a 'compound decree ..... period is three years, and time begins to run 'when the right to apply accrues.' it has now been held by all the high courts in india, and also by the privy council, that when there is an appeal from a preliminary decree, time will run for an application for a final decree only from the date .....
Tag this Judgment!Court : Chennai
Decided on : Oct-16-1929
Reported in : 123Ind.Cas.199
..... m.l.j. 117 : 14 l.w. 180 was under article 181 of the limitation act, and the learned judges held that an application for a final decree is governed by article 181 of the act and the starting point in cases where there has been an appeal from the preliminary decree is ..... : 51 m.l.j. 781 : 28 bom.l.r. 1395 : 53 i.a. 159 (p.c.) and fitzholmes v. the bank of upper india . this position is clear and finally settled. but it is argued that the above cases were not cases where what has been called in these proceedings a ' ..... and the time begins to run 'when the right to apply accrues.' it has now been held by all the high courts in india, and also by the privy council, that when there is an appeal from a preliminary decree, time will run for an application ..... .l.j. 781 : 28 bom.l.r. 1395 : 53 i.a. 159 (p.c.) and fitzholmes v. bank of upper india are specific, namely: 'where there has been an appeal from a preliminary mortgage-decree, the period of three years within which, under the indian limitation .....
Tag this Judgment!Court : Chennai
Decided on : Oct-07-1929
Reported in : AIR1930Mad654
..... for constructing mill buildings. but at that time mr. theagaraja chetti was attempting to get the services of mr. v.t. srinivasa ayyangar who was still in government service. until that matter was settled, he was not willing to employ the plaintiff. in november 1923 the plaintiff wrote to mr. theagaraja chetti requesting him to ..... be expected to elapse before a person wrongfully dismissed can secure a similar employment. in the present case, the plaintiff has given evidence that he sought employment throughout india, burma and ceylon and in the federated malay states, and ho actually secured one in the south indian railway only in may 1925. under these circumstances, ..... the plaintiff, he was then bound to accept the termination of his services. the subsequent conduct of the parties show that this was the view on which they acted. for, immediately after mr. sadasiva ayyar's opinion they, having found that v.t. srinivasa ayyangar was not available, referred the matter to another gentleman mr. .....
Tag this Judgment!Court : Chennai
Decided on : Oct-07-1929
Reported in : 122Ind.Cas.507
..... for constructing mill buildings. but at that time mr. theagaraja chetti was attempting to get the services of mr. v.t. srinivasa ayyanger who was still in government service. until that matter was settled, he was not willing to employ the plaintiff. in november, 1923, the plaintiff wrote to mr. theagaraja chetii requesting him ..... expected to elapse before a person wrongfully dismissed can secure a similar employment. in the present case, the plaintiff has given evidence that he sought employment throughout india, burma, and ceylon and in federated malay states and he actually secured one in the south indian railway only in may 1925. under these circumstances, we ..... the plaintiff, he was then bound to accept the termination of his services. the subsequent conduct of the parties shows that this was the view on which they acted. for, immediately after mr. sadasiva iyer's opinion they, having found that mr. v.t. srinivasa iyengar was not available referred the matter to another getleman .....
Tag this Judgment!Court : Chennai
Decided on : Feb-19-1929
Reported in : AIR1929Mad641; (1929)57MLJ264
..... referred to the full bench is:is the procedure to be adopted by the high court in case of an equal division of opinion between the judges to be governed by clause 36 of the letters catent or by section 98 of the code of civil procedure?2. the letters patent were issued in 1862 and were modified in ..... 1865 but previously a section like section 98 had been introduced into the civil procedure code of 1859 by the amending act of 1861. between 1865 and 1877, it could not be suggested that the civil procedure code prevailed over the letters patent. it was obvious that the letters patent prevailed over ..... 7. the learend advocate for the respondents addressed another argument which also proceeded on the footing that there is a well-understood practice or rule of law prior to the act. i have already shown that there is no such well-understood practice or rule of law; but apart from this, this argument's otherwise equally fallacious. he relied .....
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