Court : Chennai
Decided on : Nov-26-1930
Reported in : AIR1931Mad457; (1931)60MLJ435
..... we must enquire from where the high court derives its power, to make rules in regard to its court-fees. barring section 107 of the government of india act (repealed section 15. of the high court charter act), no other provision conferring the power is traceable. that section says that each of the high courts may settle tables of fee's to be allowed ..... provides that the fees(1) payable by the clerks and officers of the high court by virtue of the power conferred by section 15 of the high courts act, 1861 (now section 107 of the government of india act);(2) chargeable in such courts under no. 11 of the first and nos. 7, 12, 14, 20 and 21 of the second schedule of the ..... this connection is, that it fortifies my view that the high court's power to make rules is derived from section 107 of the government of india act. that section is not happily worded. its marginal note indicates that it deals only with the high court's powers in respect of subordinate courts. clauses (a), (b), (c) and ( .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-1930
Reported in : AIR1931Mad61; 129Ind.Cas.242; (1930)59MLJ746
..... as it is material to the present purpose, been curtailed or affected by any enactment of the governor-general in council. finally, section 106 of the government of india act, which repeals the high courts act, provides that the several high courts shall have all such jurisdiction, powers and authority as are vested in them at the commencement of the ..... . it provides inter alia that, save as by such letters patent may be otherwise directed and without prejudice to the legislative powers of the governor-general of india in council, the high court to be established shall have and exercise all jurisdiction and every power and authority in any manner vested in any of the abolished ..... act. the result is, that the high court has the same power in this respect as was possessed by the old supreme court.15. the next .....
Tag this Judgment!Court : Chennai
Decided on : Nov-04-1930
Reported in : AIR1931Mad525; (1931)61MLJ754
..... (3) village watchmen or police officers. thus it is clear that, before the levy of the village-service cess under section 27, clause (2) of the act, the government should have extended this act to the estates in question by notification. ex. i is the notification in the fort st. george gazette, dated 25th march, 1919, which runs as follows: ..... the village-service cess from him in respect of these mittahs tantamounts to a breach of the contract concluded between the proprietors of permanently settled estates and the east india company and contravenes the statutory provisions in the permanent settlement regulation xxv of 1802, because the imposition of this tax or cess amounts to an enhancement of the ..... ltd. i.l.r. (1929) m. 779 : 57 m.l.j. 471. the secretary of state for india in council v. nritya gopal adhikary i.l.r. (1900) c. 487 and rameswar singh v. the secretary of state for india i.l.r. (1907) c. 470, is to the effect that taxing enactments should be strictly construed and the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-17-1930
Reported in : AIR1930Mad963; (1930)59MLJ755
..... refer to the old agency rules which were passed in 1860. in 1898 there was a notification of the government extending the rent recovery act (the act repealed by the madras estates land act) to the agency tracts. but under that act there were no suits for rent but suits to cancel distraints lay before a collector and appeals against the ..... law of a country is contained only in one code, most acts are special even if they refer to a very large area; for instance, the contract act, the specific relief act and the transfer of property act, though they apply to the whole of india, are all special acts because they relate only to certain branches of the law of the ..... it dealt with property given to church, whereas the married women's property act dealt with all kinds of settlements and devises.11. the general principle of a special act not being repealed by a later act was recognised by the privy council in a case from india in unnoda persaud mookerjee v. kristo coomar moitro (1872) 15 ben l. .....
Tag this Judgment!Court : Chennai
Decided on : Feb-28-1930
Reported in : AIR1930Mad956; (1930)59MLJ596
..... is also to be noted that the testator's signature to the document is attested by two witnesses in conformity with the requirements of a valid will governed by the indian succession act.12. the codicil was made at guindy, outside the limits of the high court's original civil jurisdiction and, in addition to the pecuniary legacy given ..... aparanji's estate, from establishing his claim to the legacy?13. section 213 (1), indian succession act, 1925, says:no right as executor or legatee can be established in any court of justice, unless a court of competent jurisdiction in british india has granted probate of the will under which the right is claimed.but sub-section (2) ..... of the application of section 213(1) and the other relevant sections of the indian succession act. a will or a codicil made within the prescribed limits comes within clause (a) and is governed by the applied sections of the indian succession act, but a will or a codicil made outside the prescribed limits comes within clause (b) .....
Tag this Judgment!Court : Chennai
Decided on : Nov-20-1930
Reported in : AIR1931Mad340
..... 1863 holds jurisdiction, since such a committee would remain unassailable and unalterable for ever, it being impossible for the local government to abolish it under act 20 of 1863 because that act itself is now repealed and government has not reserved to itself by legislation any power to abolish or modify such a committee. the scheme of section 79 ..... that the narrower wording of section 16 (1) (b) and (c) did not empower the local government to vary or abolish the committee under act 20 of 1863, the local government did not purport to abolish it during the currency of act 1 of 1925. the old committee therefore continued until it was abolished by notification, we are told, ..... years within which to prepare the machinery for the electoral method of appointment of the temple committee designed under the act. not until two years after that act came into force did it occur to the local government to vary the constitution of the committee of 1863 so as to increase the number to six and thus make .....
Tag this Judgment!Court : Chennai
Decided on : Sep-04-1930
Reported in : AIR1931Mad152; (1931)60MLJ551
..... enactment for the time being in force,' and it has also to be observed that section 7 of the railways act puts the whole existence and working of railways in this country under the control of the government of india. those being the circumstances of the railway company, that particular case appears to me to be of no help ..... if he had treated it separately from the case of the electric supply corporation. the tramways company operates under what is called an order issued by the government under the tramways act. in the course of their operations they maintain a workshop, we are told, in which they cast metals, break and hammer iron and beat metals. under ..... to us in the present case.10. but sir ramaswami aiyar suggested that, although there is nothing in the license to control the actions of the electric company in respect of the generating station, the electricity act .....
Tag this Judgment!Court : Chennai
Decided on : Oct-29-1930
Reported in : (1931)60MLJ191
..... to my mind that the present is not a case where the statute could be said to be merely declaratory. the present case is, therefore, not governed by section 54 of the new act, and the: first contention must accordingly be overruled.25. again the learned advocate-general argued that under rule 5, sub-rule (3) of the transitional ..... vote of 'no confidence'. so it will be seen that members are not to hold office from the date on which the new act comes into force until the date fixed by the government for the new elections irrespective of any disqualification which may occur to them, nor are presidents and vice-presidents to hold office irrespective of ..... took place and under the provisions of which mr. veeriah vandayar instituted his election petition. among other things it repeals section 13 of the act of 1920, under which no salaried officer of the government was eligible to be elected president of a local board. and i understand that the only objection to the election of mr. pannirselvam .....
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