Court : Chennai
Decided on : Nov-06-1959
Reported in : 1960CriLJ927
..... any law other than this code for the time being in force, there shall be live classes of criminal courts in india...8. this juxtaposition of section 1(2) cr.pc, and section 6, cr.pc, taken along with the government of india act, 1919, arid the schedules thereto, clearly imply that the state legislature had power to make a law for establishing juvenile ..... section 1, sub-clause 2, cr.pc. section 6, cr.pc and to the provisions of the government of india act, 1919 (9 and 10 geo. 5) and the schedules thereto, which originally governed the power of a state legislature to enact a measure like the madras children act (act iv of 1920). it is important to note that under section 1 (2), cr.pc. nothing .....
Tag this Judgment!Court : Chennai
Decided on : Mar-23-1959
Reported in : AIR1959Mad542; (1959)IILLJ344Mad
..... that every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under the act. section 15 of the act states that the state government may, by notification, appoint any commissioner for workmen's compensation or other officer having judicial experience 10 be the authority to hear and decide for any ..... the modified definition, was not incorporated in the payment of wages act till the year 1958. act 68 of 1957 was passed in the year 1957, to incorporate certain amendments in the payment of wages act, 1936. the amendments came into force by virtue of a notification made by the central government on 1-4-1958. by section 3(1) it was ..... enacted that 'the term ''factory' in the payment of wages act would mean a factory, as defined in section 2(m) of the factories act 68 of 1948 therefore till the corning into force of the payment .....
Tag this Judgment!Court : Chennai
Decided on : Apr-13-1959
Reported in : (1959)IILLJ515Mad; (1960)IIMLJ22
..... also provides that a minister and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the government and also to free medical treatment. the act also provides that advances may be made to ministers for the purchase of motor cars. now, because such provisions are made in respect ..... other called the general workers' union. various disputes arose between the company and its employees, and by an order which they made on 29 april 1957 the government of madras referred them for adjudication to the industrial tribunal, madras. the tribunal pronounced its award on 11 november 1957. the present petition has been filed by ..... discrimination contained therein, after 26 january 1950, in view of article 13(1) of the constitution which says that all laws in force in the territory of india immediately before the commencement of this constitution in so far as they are inconsistent with the provisions of this part shall, to the extent of the contravention, .....
Tag this Judgment!Court : Chennai
Decided on : Jan-16-1959
Reported in : AIR1959Mad336; (1959)2MLJ104
..... matter arising out of the report.10. we, therefore, hold, agreeing with bala krishna aiyar, i., that the order passed by the central government under section 33 of the act was valid though it was passed after the cancellation of registration. the appeal fails and is dismissed with costs. advocate's fee rs. 150/-. ..... following order:"in exercise of the powers conferred by sub-section (1) of section 33 of the insurance act, 1938 (iv of 1938), the central government hereby directs the controller of insurance ..... company under section 3 of the insurance act were cancelled with effect from 1st july, 1957 under sub-section (4) of that section. the notification of cancellation of registration of the company was also published in the government of india gazette dated 22-7-1957. on 17-7-1957 the government of india, ministry of finance, passed the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-24-1959
Reported in : AIR1960Mad160
..... follows, therefore, that the taxation for the purposes of a local authority could be made by the provincial legislatures under the government of india act, 1919, and that right was preserved by the government of india act, 1935, and the constitution. under the constitution the levy of taxes for the benefit of local authority is within the competence ..... governor general in council and the indian legislature and for the devolution of authority in respect of provincial subjects to local governments rules were framed under s. 45(1) of the government of india act, 1919.these were called the devolution rules. subjects were classified as central and provincial and provincial legislatures were given powers ..... in regard to certain specified matters, one of them being for the benefit of the local authorities. section 143(2) of the government of india act, 1935, recognised this power in the provinces. it stated,"any taxes, duties, cesses or fees which, immediately before the commencement of part iii of .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1959
Reported in : AIR1961Mad66
..... 8. the district collector chose the date 30-9-1951 as the date beyond which adverse possession could be of no avail as against the government by reason of section 94 of the madras act xix of 1951. section 94 enacts,'nothing contained in any law of limitation for the time being in force shall be deemed to vest ..... of 1951 are in the nature of a suit to which the provisions of articles 130 and 149 and section 28 of the limitation act can he applied.16. we hold that, assuming that the government's right to resume a land granted in inam for the purpose of service connected with a temple and to regrant the land ..... evidence adduced before the district collector, adverse possession commenced in 1892, that is 42 years before the commencement of the amending act of 1934, and was therefore, ineffective, even on the assumption made above, to extinguish the government's right of resumption. since even on that assumption the 4th respondent had not acquired title secure against proceedings under section 35 .....
Tag this Judgment!Court : Chennai
Decided on : Nov-17-1959
Reported in : (1960)1MLJ385
..... i. on 2nd april, 1955, the madras state legislature passed a resolution, adopting the estate duty act in respect of agricultural lands in that state. the central government issued a notification in accordance with section 5(2) of the act which had the effect of adding madras state to the first schedule thereto. the notification was published in ..... settled, including agricultural land situate in the states specified in the first schedule to this act, which passes on the death of such person, a duty called 'estate duty' at the rates fixed in accordance with section 35.(2) the central government may, by notification in the official gazette, add to the names. of any other ..... the gazette of india on 11th june, 1955.2. the case for the applicant is that, as .....
Tag this Judgment!Court : Chennai
Decided on : Oct-16-1959
Reported in : [1960]11STC68(Mad)
..... question relating to the constitutional validity of the revised rules 15 ard 16 of the turnover and assessment rules made by the government of madras under sections 3, 5 and 19 of the madras general sales tax act, 1939 and published in the fort st. george gazette on 7th september, 1955- the appellants in the various appeals ..... been reserved for the consideration of the president and has received his assent.5. the article prescribed that commodities declared by an act of parliament as essential for the life of the community throughout india should not be subject to sales tax without the approval of the president. but, before its provisions could be made applicable, the ..... of the latter type are where a municipal or local authority is permitted to legislate with regard to imposition of certain taxes; customs duties imposed by the executive government by a notification. a law levying taxes may, thus, be in absolutely complete form, or it may be in a form which needs some further provision or .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1959
Reported in : (1960)1MLJ247
..... .7. the district collector chose the date 30th september, 1951, as the date beyond which adverse possession could be of no avail as against the government by reason of section 94 of the madras act (xix of 1951). section 94 enacts-nothing contained in any law of limitation for the time being in force shall be deemed to vest in any ..... law and his father. the district collector held that in order that the 4th respondent might succeed in his, contention of having acquired title by adverse possession to defeat the government's right of resumption, the 4th respondent would have to prove adverse possession for at least 60 years ending with 30th september, 1951, that is to say, adverse possession ..... preferred at any time within the period of 60 years from and after the origin of the cause of action. (please see anand kumar bhattacharjee v. secretary of state for india i.l.r. (1916) cal. 973. in that state of the law, the judicial committee decided in maharajah of burdwan's case (1850) 4 m.i.a. 466 .....
Tag this Judgment!Court : Chennai
Decided on : Nov-17-1959
Reported in : AIR1960Mad305; [1960]38ITR1(Mad)
..... schedule i. on 2-4-1955, the madras state legislature passed a resolution, adopting the estate duty act in respect of agricultural lands in that state. the central government issued a notification in accordance with s. 5(2) of the act which had the effect of adding madras state to the first schedule thereto. the notification was published in ..... not settled, including agricultural lands situate in the states specified in the first schedule to this act, which passes on the death of such person, a duty called 'estate duty' at the rates fixed in accordance with s. 35.(2) the central government may, by notification in the official gazette, add to the names of any other states ..... the gazette of india on 11-6-1955.(2) the case for the applicant is that, as the .....
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