Court : Chennai
Reported in : AIR1946Mad318; (1946)1MLJ229
..... (e) the drainage reclamation from rivers or other waters, or protection from floods or from erosion or other damage by water, of land used for agricultural purposes, or of waste land which is culturable; (f) the reclamation, clearance enclosure or permanent improvement of land for agricultural purposes; (g) the removal or reconstruction of any of the foregoing works, or alterations thereon or additions thereto; (h) the planting or protecting and maintenance of fruit trees, timber trees and other useful trees and plants. ..... when the malabar compensation for tenants improvements act, 1899, was passed the local legislature had power to legislate in respect of other tenancies but the wording of the act leaves no doubt in our minds that it was not intended that the extension of the provisions of the old act should go beyond leases of vacant sites for the building of dwelling ..... (the malabar compensation for tenants improvements act, 1886), the custom in malabar and the decisions of this court bearing on the subject the learned judges stated their conclusion in the following words:for the above reasons, we are of opinion that the operation of act i of 1900 is not restricted to agricultural tenancies that it applies to building leases as well, that in this view it is unnecessary to consider what the law was prior to 1900 and that, even if it ..... , also held that the application of the act was confined to ' improvements made in regard to agricultural lands and to ..... malabar district board (1927) .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad473; (1950)2MLJ511
..... another member of the majority (with whom the president agreed) held that the 'notional existence of the temple was sufficient for the board to act', and that since the donor 'had laid the foundation of the building' and 'given a name to the deity' he had 'conceived more or less the ..... in and appurtenant to a residential house which the owner uses as a private temple where members of the hindu community are not allowed to worship and suppose a dispute arises before the board that such an institution is one coming within the definition in section 9 (12) and the board, after enquiry, wrongly decides that it is used as a place of public religious worship and dedicated to, or for the benefit of, or used as of right by, the hindu community or any section thereof ..... one of the arguments advanced by the learned counsel for the appellants is to theeffect that when the board suo motu embarked upon the task of attempting to settle a scheme by taking action under section 62 of the act, a dispute has arisen as to whether the institution in question is a temple as defined in the actor not and when the board, as a preliminary assue, decided that question the provisions of section 84 (2) have been immediately attracted andtherefore the petition before ..... thesaid deed of gift he appointed two other persons along with himself as trustees of the said devasthanam for the conduct of the saidcharity permanently and without default and for improving the properties which have been endowed as aforesaid. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad689; [1952]21ITR191(Mad)
..... to replace the capital exhausted it must be considered that a loss has been incurred, the learned lord is at the same time making a distinction for the purpose of the income-tax acts between what may be called the capital charges involved in expenditure over pit sinking which may be exhausted by the year's working and the working charges deducted and allowed in ascertaining the profits ..... caithness line at a lower figure than it would otherwise have brought in consequence of its being in that imperfect condition; and if they did so it appears to follow of necessity that the renewal of improvement of this sutherland and caithness line to bring it up to the proper standard is just part of the cost of that line to work along with the main line. ..... case is not strictly material to the one before us, and counsel relied upon it only for the general proposition that quite apart from any specific heads of deductions enumerated in the income-tax act no legitimate head of deduction could be ignored which would have to be taken into account for the ascertainment of profits in the true sense of the term and according to the basic conception ..... 2 tc 485 in which a distinction between when an act done amounts to a repair or an improvement of corpus was pointed out was referred to in the course ..... the alteration effected by the acts of replacement was confined only to a subsidiary part of the whole railway line and it did not bring about any improvement in the sense of substituting one kind of part .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad788; (1952)1MLJ831
..... further held that the defendant would be entitled to the cost of improvements under the malabar compensation for tenants' improvements act (i (1) of 1900) (hereinalter referred to as 'the act') but was liable to pay mesne profits. ..... section 5(1) says:'every tenant shall on ejectment be entitled to compensation for improvements which have been made by him, his predecessor in interest, or by any person not in occupation at the time of the ejectment who derived title from either of them and for which compensation has not already ..... will follow that a person in possession in good faith believing to be a mortgagee will be a statutory tenant under the provisions of the act and his rights and liabilities will have to be worked out as per the terms of the said provisions. ..... the devaswom was mismanaged, on 30-11-1935 the madras hindu religious endowments board framed a scheme and the 1st plaintiff was appointed as executive officer. ..... from the aforesaid provisions, it is clear that for the purpose of the act the word 'tenant' is given a very wide connotation so as to take in even a trespasser who cultivates a land in-tending to pay the ..... to pay mesne profits from tne date of tne tender of tne amount due under tne mortgage into court when it was found that tne money tendered sufficiently covered the compensation for improvements also. ..... that his client would not be liable to mesne profits as he was a statutory tenant under the act and therefore was not in wrongful possession of the suit lands. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad348; (1952)IIMLJ863
..... shall convene meetings of owners of lands and buildings in the area affected by the proposed scheme;(2) notice of every such meeting shall, not less than ten days before the date of meeting (a) be published on the notice board of the municipal office, and (b) subject to the provisions of sub-rule (3) be sent in the manner prescribed therein to all persons known or believed, to have rights in any land or building in the area ..... ' the only point therefore decided in that case was, when the board acted ultra vires of their powers, it is open to the affected party to ..... it will therefore be seen that the town planning act which was enacted for the improvement of town provides opportunity at every step for the interested parties to raise their ..... air 1925 bom 538, the local government sanctioned an improvement scheme and under that act a notification was conclusive evidence that the scheme had been ..... said: 'again i do not think that, the legislature, when under the calcutta improvement trust act, it conferred powers of acquisition of land with certain well defined safeguards, ever intended that the trust should abrogate those safeguards and acquire land in this manner through the medium of the corporation for the purpose of street widening and street improvements. ..... 6, land acquisition act, declaring that a particular property was required for the corporation but in fact the corporation was acquiring that land to the benefit of another body, the calcutta improvement trust. ..... the improvement .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad362; (1953)1MLJ744
..... not because it was wanted for purposes of the act, but in order to exact an exemption fee from the owner would, in the opinion of their lordships, have been a misuse of the powers conferred upon the board, and if in fact the board had included the land of the respondent in the scheme merely for the purpose of exacting exemption fees, the board would have acted ultra vires and the respondent would have been entitled ..... it is urged that the original resolution dated 30-9-1947 had been rescinded by resolutions dated 20-4-1951 and 26-5-1951 and that the board which passed the final resolution for acquisition dated 10-11-1952 was not really competent to do so because two of the members belonging to the petitioner's faction had been compelled by the government to resign, a ..... there, an acquisition of land for the purpose of calcutta land improvement trust was challenged on the ground that the true object of the acquisition was not to improve the road conditions in calcutta but to exact an exemption fee ..... in substance the transaction was one of gift by the court of wards to the municipality and that proceedings under the land acquisition act were taken colourably with the object of enabling the court of wards to make a gift which was not within its competence. ..... have no application to the present case as the present acquisition has been made for improving the market conditions. ..... placed on certain observations of the privy council occurring in -- 'trustees for the improvement of calcutta v. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad500; (1953)IIMLJ550
..... under the section the aggrieved party can file a suit for establishing title to the suit property.this section is therefore an improvement on the earlier section; whereas in the earlier section the enquiry was contemplated by the religious endowments board, under this section the commissioner is authorised to make a judicial enquiry for the purpose of ascertaining 'prima facie' whether the office-holder or the servant as the case may be, has any title ..... 87 reads:"where a person has been appointed (a) as trustee or executive officer of a religious institution or(b) to discharge the functions of a trustee of a religious institution in accordance with the provisions of this act, or(c) as manager under section 56 or in any scheme framed by the board before the commencement of this act, and such person is resisted in, or prevented from, obtaining possession of the religious institution or of the records, accounts and properties thereof, by a trustee, office-holder or servant of the religious institution ..... so appointed and on production of the order of appointment, direct the delivery to such person of the possession of the math, temple or religious endowment and of the records, accounts and properties thereof,'section 78 introduced by madras act x of 1946:' where a person has been appointed as trustee or executive officer of a math, temple or specific endowment, connected therewith or has been appointed to discharge the functions of a trustee in accordance with the provisions of this .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad130
..... dealer shall, in relation to a works contract, be deemed to be the amount payable to the dealer for carrying out such contract less a sum not exceeding such percentage of the amount payable as may be fixed by the board of revenue from time to time for different areas, representing the usual proportion in such areas of the cost of labour to the cost of materials used in carrying out such contract subject to the following minimum percentages.'9. ..... it does not thereby mean that the legislature had no power to enact provisions which are intended and which are necessary for the enjoyment and exercise of the power, which is conferred upon it by an act of parliament; for example, in imposing a tax on sale of goods, it is necessary that the machinery to levy the tax and enforce it and the powers and jurisdiction that are needed to adjudicate upon the validity ..... but this applies only to a case where the person making the improvement does it under a bona fide title or claim of title, and if it turned out that his plea was unfounded, he is entitled to remove the materials restoring the land to the owner; but if he is a trespasser ..... (ii) was introduced in the definition and section 2 defined 'works contracts' as meaning 'any agreement for carrying out for cash or for deferred payment or other valuable consideration, the construction, fitting out, improvement or repair of any building, road bridge or other immoveable property or the fitting out, improvement or repair of any moveable property. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad260
..... kuttikrishna menon was that the lower court was hot justified in disallowing many items of improvements claimed and in allowing only mere pittances in lieu of the vast sums spent. ..... jagadisa aiyar, conceded that partial redemption could not be granted, but expressed the willingness of the plaintiffs, his clients, to pay the whole mortgage amount and the cost of the improvements on the thirteen items and get redemption of only thirteen items, leaving item. ..... the government had, under section 3(a), madras hindu religious endowments act, exempted the kalarivathukkal devaswom and its endowments from the operation of the provisions of section 76 of the act requiring the previous sanction of the hindu religious endowments board for all leases above five years, mortgages etc. ..... on issues 4 and 5 he found that the defendants had not effected the numerous improvements they claimed, had not dug up and improved the land and made it fit for paddy cultivation, had not removed the silt at any great expense and had only done such ordinary acts of husbandry regarding these matters as would not entitle -them to any sum as compensation for improvements. ..... 'melkanomdars', a decree for redeeming all the fourteen items of 'kanom' properties involved in the suit and granting them possession, together with arrears of rent as claimed in the plaint, conditional on payment of the value of the defendants' improvements, as found, along with the 'kanom' amount. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad135
..... or the money-lender is to get the land into his own hand and when he has succeeded he is the worst possible landlord, spending nothing on the improvement of his estate, and rack-renting the unfortunate ryot whose proprietary rights have passed from him, but who is willing to slave for the usurer rather than ..... held that as classification can be made on geographical basis, the fact that abducted persons recovery and restoration act (65 of 1949) was extended only to certain specified states does not make it invalid under article 14 and that the consent of the several states to the passing of the act indicates that the muslim abducted persons in these states form one class having similar interest to protect and ..... this promise was not kept up and therefore the defendant society issued a second statutory notice as per section 69, transfer of property act on 21-9-1953.on the expiry of the three months the defendant society on 7-1-1954 intimated to the plaintiff that 17-3-1954 had been fixed for sale of the mortgaged ..... without the intervention of the court under section 69, transfer of property act does not fall within the ambit of madrasact 5 of 1954 because that act covers only (a) suits instituted in court and (b) execution proceedings arising ..... in paragraph 13 of the statement (published in the gazette of india, dated 23-8-1884) of objects and reasons to the bill which afterwards became act 3 of 1885, will be found to throw considerable light on the object and scope of this section. .....
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