Court : Chennai
Decided on : Nov-18-1955
Reported in : AIR1956Mad333; 1956CriLJ751
..... nature of the provisions or regulations relating to civil services, it is clear that when once an ordinance is passed under clause 72 of sch. 9, government of india act, 1935, it should be regarded as law enacted by a legislature and of a permanent character. it is difficult to see why it should be subjected ..... based on a decision in 'munnalal v. harold r. scott' : (1956)iillj474cal . but, that related to a regulation framed under section 266 clause (3), government of india act of 1935, relating to civil services, corresponding to article 320, clause 3 proviso of the present constitution.clause 5 of that article requires that all regulations made under the ..... contention put forward by the learned counsel was that this ordinance, which was promulgated by the governor general under clause 72 of sch. 9 of the government of india act, 1935, should be validated by being subjected to the procedure relating to ordinances as laid down under article 123 of the present constitution. that contention was .....
Tag this Judgment!Court : Chennai
Decided on : Jan-25-1955
Reported in : AIR1955Mad419
..... fees.40. (liabilities): the administrator-general is subject to the same liabilities as an ordinary executor or administrator, but under this act, the revenues of the. government of india are liable to make good any loss sustained by mat-administration when proved. it follows from this that all estates now vested in ..... , to report upon the whole question. after consideration of the report, and also opinions of local governments, and other officials, the government of india introduced a new measure, the act of 1913.28. the general principles governing the powers, duties and liabilities of an administrator-general may be classified under the following heads:29. ..... from giving security bonds.27. various representations had from time to time been made to the government on certain provisions of the act of 1874 which required reconsideration. after due consideration of the matter, the government of india in the year 1910 placed mr. sanders slater, the administrator-general and official trustee of .....
Tag this Judgment!Court : Chennai
Decided on : Nov-22-1955
Reported in : AIR1956Mad604; (1956)2MLJ87
..... legislative enactments dealing with the beneficient provisions prohibiting eviction of tenants by section 4 of madras act xvii of 1946 called the madras tenants and ryots protection act, 1946, which applied also to the tenants in malabar district who are governed by the malabar tenancy act. it was provided that:all suits proceedings in execution of decrees or orders or other ..... 48, 49, 51 and 55 shall come into force at once, that is on the date when the act received the assent of the president and the rest of the act shall come into force on such date as the state government may by notification in the fort st. george gazette appoint and such a notification was on 15th february, ..... cases suits will be stayed on the deposit of arrears of rent, etc. that act remained in force in the first instance for a period of two years and the provincial government extended its life for a further period of two years. then came the act xxiv of 1949 and it remained in force till the 7th of october, 1953 .....
Tag this Judgment!Court : Chennai
Decided on : Sep-07-1955
Reported in : (1956)1MLJ119
..... the contrary, devolve upon his heirs in the order and according to the rules of muhammadan law.the next is the mappilla wills act (vii of 1928) which provided that testamentary dispositions by mappillas, governed by the marumakkathayam or aliyasanthana law of inheritance in respect of property, which but for such testamentary disposition would devolve in accordance ..... wills and legacies. in respect of these matters, the muslim personal law will only apply if a person who is a muslim competent to contract and resident of india makes a declaration that he desires to obtain the benefit of that section. it is only then that the law relating to those matters would be muslim personal law ..... that he is a muslim, and(b) that he is competent to contract within the meaning of section 11 of the indian contract act, 1872, and(c) that he is a resident of british india,may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of this .....
Tag this Judgment!Court : Chennai
Decided on : May-06-1955
Reported in : AIR1956Mad1; [1955]28ITR601(Mad)
..... income-tax officer and other income-tax authorities to levy a penalty in certain circumstances is not within the legislative competence of the central legislature under the government of india act, 1935. (2) the procedure for the levy of a penalty for concealment of particulars of the income of an assessee which is an alternative to ..... section as it stands now. entry 54 of the federal list in schedule vii of the government of india act, 1935, empowers the central legislature to enact laws with respect to 'taxes on income' and entry 42 of the same list with respect to 'offences ..... (vide section 28 as it then stood). but the income-tax amending act of 1939 replaced the earlier provision by the present section and this legislative change having been effected by central legislature under the powers vested in it by the government of india act, counsel for the assessee naturally canvasses the legislative power to enact the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-08-1955
Reported in : AIR1956Mad597; (1956)1MLJ63
..... to the fees and stamps other than fees and stamps relating to documents presented or to be presented before an officer serving under the central government and the suits valuation act, 1887 (central act vii of 1887), in its application to the state of madras are hereby repealed.(2) all suits and proceedings instituted before the commencement of ..... have presumed that all the proceedings in the suit or any document that may be obtained and which arises in the suit would be governed by the provisions of the court-fees act at the time when the suit was instituted. the litigant must have been under the impression that so far as a suit or ..... after such commencement shall, notwithstanding the repeal of the court fees act, 1870 (central act vii of 1870) and the suits valuation act, 1887 (central act vii of 1887), be governed by the provisions of the said acts and the rules made thereunder.4. the contention of the assistant government pleader is that a copy application for judgment and decree, even .....
Tag this Judgment!Court : Chennai
Decided on : May-02-1955
Reported in : AIR1955Mad699; [1955]28ITR553(Mad); (1955)2MLJ564
..... in a hand-book of rules and procedure relating to import trade control published in 1952 by the government of india, ministry of commerce and industry, and the import trade control policy issued by the government of india for different licensing periods. the imports and exports (control) act 1947, is in the barest terms and contains very little relevant information. section 3(1) of the ..... act provides:the central government may, by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling in .....
Tag this Judgment!Court : Chennai
Decided on : Nov-10-1955
Reported in : (1956)IMLJ339; [1956]7STC105(Mad)
..... of legislating on the particular subjects in respect of which the executive orders may have been issued.22. the learned chief justice was, of course, considering the lists of the government of india act, 1935.23. the same principle was laid down by the high court of australia in werrin v. the commonwealth 59 c.l.r. 150, rich, j., observed :-as to ..... deputy commissioner of commercial taxes v. krishnaswami mudaliar [1954] 5 s.t.c. 88, that under the scheme of the act the amount collected by a registered dealer from the consumer by way of sales tax and paid over to the government should not be included in the turnover of the registered dealer as part of the sale price of the goods .....
Tag this Judgment!Court : Chennai
Decided on : Jul-21-1955
Reported in : AIR1956Mad72; (1956)1MLJ82
..... is whether the village of ekkattu thangal in chingleput district is or is not an 'inam estate' which could be taken over by government under the madras estates (abolition and conversion into ryotwari) act (xxvi of 1948) and incidentally a further question whether the learned judge had jurisdiction to quash the order of the estates abolition tribunal ..... a person not owning the kudiwaram thereof? in regard to the lease of 1796 which was executed by the east india company, there is a further question whether this grant has been recognised by the british government.10. we shall first consider the deed of 1796 and the terms which have been relied upon by the learned ..... and the latter's successors-in-interest, retained possession upto the date of the litigation which came up to this court. in or about 1784 the east india company who had about four years previously taken the management of the chingleput jagir into their own hands leased the jagir including these villages to one ponoappa mudaliar. .....
Tag this Judgment!Court : Chennai
Decided on : Jan-27-1955
Reported in : AIR1955Mad491; (1953)2MLJ152b
..... mortgagee. by virtue of section 69(1) the provisions of the trustees' and mortgagees' powers act of 1888 were no longer applied to mortgages and it is section 69, t. p. act, as amended by act 20 of 1929, that now governs the mortgages, where a power of sale without the intervention of court is conferred on the mortgagee ..... prevailing in a commercially advanced country like england, where the machinery employed for selling the properties can be said to be perfect and reliable, its introduction in india, though it is confined to towns of commercial importance, with all the implications of the english statute, does not seem to be necessary or justified since from ..... made some interesting observations on the powers of private sales by mortgagees under sections 69 and 69-a, t. p. act as amended by act 20 of 1929, being abused by mortgagees in conditions prevailing in india which are rather different from those in the united kingdom at the time of the english conveyancing and the english property .....
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