Court : Chennai
Reported in : AIR1957Mad149
..... grounds specified above.vjrtually this petitioner's case resolves itself to this: because the 2nd respondent had paid the earnest money by cheque instead of by depositing it in cash with the district board or into the sub-treasury, the statutory authority, the district board, which was entitled to enter into a contract for the execution of the work in question, was guilty of a violation of a statutory liability laid upon it by rule 9 and that was sufficient to ..... it is still in the stage of an offer; even an accepted tender under the local boards act may not be enough; because the law provides for a contract in writing with due formalities before the contract is enforceable even by the contracting ..... the learned advocate general raised largerissues on which i should like to record my views.he contended that, even if the first respondent,the district board, had accepted the tender preferred by the 2nd respondent in violation of anystatutory rule, a writ of certiorari should not issue.that contention would appear to be well foundedespecially with reference to the circumstancesestablished in this ..... the enforcement of any liability of the district board -- and obviously district boards must conform to the statutory rules framed for their guidance -- is not for the petitioner, and certainly not through means of a writ of certiorari in proceedings under article 226 of the constitution ..... improvements had to be carried out to the palladam-cochin frontier road which lay in the coim-batore .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad610
..... framed under the cinematograph act require that a cinema theatre should have ceiling boards as these improve the acoustics of the ..... the theatre consists of a gable roof covered with zinc sheets but below the gable the ceiling boards have been -screwed in a horizontal plane to angles radiating from the gable supports. ..... if during the currency of the mortgage, the ceiling boards had been removed or the apertures for the exhaust fans were closed up, the mortgagee could not object, it follows that the items now claimed would not be part of the security as an accession ..... it is common ground thai both the boards as well as the exhaust fans could be removed from the building that is from the brick and mortar portion, without damage ..... some cases become necessary to consider how far the definition of the expression 'attached to the earth' in sectioin 3 of the transfer of property act, will bear upon the decision of this question. ..... (1) 94 ceiling boards and (2) 4 ..... be possible always to treat machinery brought into a building as an 'accession' within the meaning of sections 63 and 70 of the transfer of property act. ..... the question for our decision is, can these items wo have set out above be treated as accessions to the mortgage within section 70 of the transfer of property act. ..... with it a right to claim anything fixed to the building intended for the permanent enjoyment of the building as a cinema theatre.this argument was rested on the terms of sections 8 and 70 of the transfer of property act. .....
Tag this Judgment!Court : Chennai
Reported in : (1957)2MLJ256
..... rules framed under the cinematograph act require that a cinema theatre should have ceiling boards as these improve the acoustics of the building. ..... ceiling of the theatre consists of a gable roof covered with zinc sheets but below the gable the ceiling boards have been screwed in a horizontal plane to angles radiating from the gable supports. ..... if during the currency of the mortgage, the ceiling boards had been removed or the apertures for the exhaust fans were closed up, the mortgagee could not object, it follows that the items now claimed would not be part of the security as an accession to what ..... it is common ground that both the boards as well as the exhaust fans could be removed from the building, that is from the brick and mortar portion without damage to the ..... may in some cases become necessary to consider how far the definition of the expression ' attached to the earth ' in section 3 of the transfer of property act, will bear upon the decision of this question. ..... ayyar learned counsel for the appellant confined his appeal to two items (1) 94 ceiling boards and (2) 4 exhaust fans. ..... not be possible always to treat machinery brought into a building as an ' accession ' within the meaning of sections 63 and 70 of the transfer of property act. ..... apart, the question for our decision is, can these items we have set out above be treated as accessions to the mortgage within section 70 of the transfer of property act. ..... was rested on the terms of sections 8 and 70 of the transfer of property act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad16; (1958)IIMLJ330
..... even at the present moment, there is the possibility, and indeed practice, of acquiring of lands under any one of the three acts, namely, the land acquisition act, passed by the central legislature, and the town planning act and the city improvement trust act passed by the madias legislature, and that under the land acquisition act the 15 per cent solatium or addition to the market value is given under section 23(2) and still subsists, while under the ..... the point where it enters india, and that the river is wiped out so far as the tibetan section is concerned.so, we have no hesitation in agreeing with the court below that, under section 173(2) of the new city improvement trust act the relevant date for fixing the market value in these cases will be only the dates of publication of the section 4 notices, under the 1945 ..... town planning act it never existed, and under the city improvement trust act of 1945, it was abolished only partially, namely, regarding lands in slums and congested areas where the owners were not in occupation actually, but under the city improvement trust act of 1950 it has been totally abolished without any such reservation.learned counsel before us did not rely ..... bombay housing board, (a), where a contention that discrimination under article 14-existed was repelled as on one of the grounds urged by mr. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1958Mad275; (1958)2MLJ47
..... in the list published under section 38 or over which no area committee has jurisdiction, has no hereditary trustee, the commissioner shall constitute a board of trustees consisting of not less than three and not more than five persons appointed by him ;(2) where any such institution has, at the commencement of this act both a hereditary trustee or trustees and a non-hereditary trustee or trustees the commissioner shall have power to appoint the non-hereditary trustee ..... there was no enquiry and the committee did not record any reasons as required by the statutory provision under which they traced their power to make the impugned appointment:(2) section 41 of the act under which the area committees are vested with jurisdiction to appoint non-hereditary trustees in respect of institutions within their jurisdiction was unconstitutional for two reasons:(i) the right of the hereditary trustee to manage ..... the enjoyment of that right or property could, no doubt, under article 19(2) of the constitution be subjected to reasonable restrictions but in this case the restrictions imposed by section 41 of the act were unreasonable in that the power to detract from this property right was vested in an administrative body, the area committee, without the aggrieved party having any right to resort to the civil courts to establish ..... if after the appointment of non-hereditary trustees, the administration does not improve, the assistant commissioner will send a report and request revival of scheme .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad33; [1958]9STC687(Mad)
..... (i) 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 or taridge or other immoveable property or the fitting out, improvement or repair of any moveable property.under the turnover and assessment rules framed under the act, rule 4 (3) stated that the amount for which goods arc sold by a 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 ..... the facts of each case.but the order of the sales-tax appellate tribunal is based on the rules framed under the act, which prescribed an artificial and fixed proportion of 30 per cent turnover as labour charges and 70 per cent as cost ..... not to make a sale of moveables as such but to improve" the land or other chattel, as the case may he ..... supreme court (d) was that the works contract as such cannot amount to a sale of the materials involved or absorbed in the execution of the work, and the madras general sales-tax act, 1939, in so far as it purported to tax such works on the basis of a notional sale is ultra vires. .....
Tag this Judgment!Court : Chennai
Reported in : (1959)2MLJ378
..... if, however, the theatre was for other reasons temporarily closed, or if it was in course of reconstruction and improvement, this would not justify the contention that it formed no part of the capital referred to in part it of the ..... .i should have concluded from these indications and the legislative history of the words ' capital employed ' that they were used in the present act without any reference to the actual use made of particular assets during a particular period, once it could be said of them that they were a form of capital which had been put into the business. ..... are summarised in the first paragraph of the head note:on several occasions the factory of a company was severely damaged by enemy action, and it was agreed with the board of trade for the purose of the war damages act, 1941, section 62(1), that november 22, 1940, should be taken as the date from which interest should accrue in respect of any claim under the act for compensation for the destruction of machine tools and plant. ..... we begin with section 6 of the excess profits tax act and the first proviso thereto, which run as follows:section 6-- ..... 12, 1945 the amount of the claim was finally agreed by the board of trade at 6,47,012. ..... --(1) for the purpose of this act, the standard profits of a business in relation to any chargeable accounting period shall, subject to the provisions of sub-sections (3) and (4), be an amount bearing to the profits of the business during the standard period, if in respect of that business .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad376; [1959]35ITR651(Mad)
..... if, however the theatre was for other reasons, temporarily closed, or if it was in course of reconstruction and improvement, this would not justify the contention that it formed no part of the capital referred to in part ii of the seventh ..... i should have concluded from these indications and the legislative history of the words' capital employed' that they were used in the present act without any reference to the actual use made of particular assets during a particular period, once it could be said of them that they were a form of capital which had been put into ..... section 62(1), that 22-11-1940 should be taken as the date from which interest should accrue in respect of any claim under the act for compensation for the destruction of machine tools and plant. ..... material facts are summarised in the first paragraph of the head note :'on several occasions the factory of a company was severely damaged by enemy action, and it was agreed with the board of trade for the purpose of the war damages act. ..... we begin with section 6 of the excess profits tax act and the first proviso thereto, which run as follows :' ..... standard profits: (1) for the purpose of this act, the standard profits of a btisiness in relation to any chargeable accounting period shall, subject to the provisions of sub-sections (3) and (4), be an amount bearing to the profits of the business during the standard period, if in respect of the business ..... 1945, the amount of the claim was finally agreed by the board of trade at 6,47,012. .....
Tag this Judgment!Court : Chennai
Reported in : (1959)IILLJ802Mad
..... , godowns and warehouses, whether in the same premises or otherwise, used in connexion with such business but does not include a restaurant, eating house or commercial establishment.in contrast to this definition, the bombay shops and establishments act, 1948, defines 'shop' as follows:shop means any premises where goods are sold, either by retail or wholesale, or where services are rendered to customers, and includes an office, a store-room, godown, warehouse, or workplace, ..... 'shop' in section 21 bolton improvement act, 1865 (28 and 29 vict. ..... adopted here makes no distinction between shops carrying retail trade or business and those carrying on wholesale business or trade, while in the weekly holidays act, 1942, shops engaged in retail trade only were made to come under its definition. ..... inspector of labour, first circle, tanjore, has chargesheeted this accused under the madras shops and establishments act xxxvi of 1947, in that with respect to the employees working in the workplace, premises no. ..... 28), section 74-held not include a stall, consisting of a board on trestles in the uncovered part of a city market [ ..... the term 'workshop' has been defined in section 2(d) of the employment of children act, xxxvi of 1938, as meaning any premises (including precincts thereof) wherein any industrial process ..... 209].the word 'shop' in section 5 of the punjab preemption act is primarily a place where goods are bought and sold and cannot be extended to business premises in the general sense of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad8; [1960]30CompCas146(Mad)
..... would relate to a bank for which a licence had already been given.at the same time i am of the opinion that it would be open to the respondent to consider the defects or improvements revealed in an inspection under section 35 for disposing of the application for licence as there is nothing in the statute to prohibit it from taking into consideration all relevant facts. ..... to constitute that what was prescribed by a statute was only a regulation of trade by the issue of licence and not the insistence of a permit.the question then is whether the provisions of section 22(1) of the banking companies act which require a licence for carrying on business by a banking company should be held a system of enabling the doing of such a business by the issue of permits or whether only a licence intended to regulate the, business of banking. ..... functions of the local boards are to advise the central board on such matters as may be referred to them or perform such duties as the central board may validly delegate to ..... a report was duly submitted to the local board of the bank, who were satisfied that the proposal to refuse the licence was proper in ..... , of the four regional areas, bombay, calcutta, 'madras and new delhi, there is a local board functioning. ..... sound.it is said that the structure of the bank was modelled very largely on the bank of england.it is a non-political statutory body, the general superintendence and management of the bank's affairs being vested in the central board of directors. .....
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