Court : Chennai
Reported in : AIR1977Mad310; (1977)1MLJ182
..... for doing what he has not done comes within the expression 'a motive or reward for doing'.7. section 4 contemplates the appointment of commissioner of inquiries and additional commissioner of inquiries by the government. such appointment shall be on the recommendation of the chief justice of the high court and shall be by notification. there will ..... is the petitioner in the criminal revision case as well as in the criminal miscellaneous petition. the revision is directed against the order of the special judge appointed under s. 6 of the criminal law amendment act, 1952, disposing of cri. m. p. no. 2384 of 1976 in c. c. no. 27 of 1976. the prayer in cri. m ..... hence ultra vires the constitution.6. we shall now refer to the salient features of the state act. the preamble to the act states that it is to provide for the appointment and functions of certain authorities for the investigation and inquiry into allegations of 'criminal misconduct' against public men in the state of tamil nadu and for .....
Tag this Judgment!Court : Chennai
Reported in : 1977CriLJ1876
..... doing what he has not done comes within the expression 'a motive or reward for doing'.7. section 4 contemplates the appointment of commissioner of inquiries and additional commissioner of inquiries by the government. such appointment shall be on the recommendation of the chief justice of the high court and shall be by notification. there will ..... is the petitioner in the criminal revision case as well as in the criminal miscellaneous petition. the revision is directed against the order of the special judge appointed under section 6 of the criminal law amendment act, 1952, disposing of cri. m. p. no. 2384 of 1976 in c. c. no. 27 of 1976. the prayer in cri. ..... hence ultra vires the constitution.6. we shall now refer to the salient features of the state act. the preamble to the act states that it is to provide for the appointment and functions of certain authorities for the investigation and inquiry into allegations of 'criminal misconduct' against public men in the state of tamil nadu and for .....
Tag this Judgment!Court : Chennai
Reported in : AIR1977Mad192
..... .now, therefore, in exercise of the powers conferred by s. 3 of the commissions of inquiry act, 1952 (60 of 1952), the central government hereby consisting of a single member, namely, shri justice r. s. sarkaria, judge, supreme court of india."the notification is made by the cabinet secretariat in its department of ..... the constitution does not empower the central government to lay down standard of good government for the state governments and to initiate an inquiry under the commissions of inquiry act for what, in the opinion of the central government might constitute maladministration. it is stated that taking into account the federal character ..... down standards of good government, for the state governments and enforcement of such standards by threat of exposing recalcitrant state ministers to an inquiry under the commissions of inquiry act for what in the opinion of the central government might constitute maladministration. the other grounds were summarised by the learned counsel for the .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ300
..... the argument that where the scheme was framed not by the transport department, but by the government itself, this was contrary to section 68-c of the act.. the learned judge held, after an analysis of articles 154, 162 and 166 of the constitution, that state road transport was a matter falling within the executive power of ..... therefore, feel that no apology is needed for setting forth these passages verbatim here.the effect of the said provisions, insofar as they are relevant to the present inquiry, may be stated thus : the state transport undertaking is an undertaking providing road transport service which is carried on by the state or any other corporation or authority ..... undertaking must necessarily be that of the state government which runs the undertaking. the anomaly of the state government being the proposer of the scheme and the judge of its validity, it has been noticed by the supreme court in several cases, could be avoided in practice by suitable provisions in the exercise of the .....
Tag this Judgment!Court : Chennai
Reported in : (1966)2MLJ194
..... , central prison v. dr. lohia : 1960crilj1002 . but there the concept of public order was considered under article 19(2) as amended by the constitution 1st amendment act of 1951. the learned judge, subba rao, j., who spoke for the court, observes at page 639:but in india under article 19(2) this wide concept of public order ' is split ..... learned chief justice and sharma, j., took the view that the offence in question did not involve moral turpitude, while the other learned judge differed. the learned chief justice observes (at page 386):so an act which is not immoral may be punished as an offence. the duty not to use metanile yellow as a colouring matter in a food ..... . v. natarajan (1964) 2 m.l.j. 530 : (1964) m.l.j. 666. the learned judges veeraswami and kunhamed kutti, jj., before whom the constitutionality had been raised on an application to quash charges under section 5 of the act read with section 120-b of the indian penal code, upheld the constitutionality of the impugned section 5 of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1967Mad281
..... from the register, the council can order a formal enquiry to be conducted either by itself or by a committee observing the provisions of the indian evidence act and the public servants (inquiries) act. at the conclusion of the enquiry, if it finds the allegations not proved, it can strike off the name of the medical practitioner from the register ..... such enquiries and appeals shall be conducted as far may be, in accordance with the provisions of section 5 and section 8 to 20 of the said public servants (inquiries) act 1850. section 18 provides for an appeal to the governor in council against every decision of the council under section 13 or section 16, three months time being given ..... kashmiri v. an advocate, (fb). these are cases where, after a preliminary inquiry by the bar council or a district judge under sec. 10, the report comes before the high court for being dealt with under s. 12(3). sec. 12(3) of the bar council act states that the high court has to fix a date of hearing at which .....
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad484; (1965)2MLJ140
..... the judgement of the trial court and that of ramakrishnan j. the tenant (defendant) would certainly be entitled to the benefits of the city tenants protection act unless the view of the learned judge is to be upheld that he was not so entitled because stipulation no. 4 of the lease concerning the superstructure to be subsequently erected, fell within ..... the lease was not of the vacant land per se, and that that defendant (tenant) hence is not entitled to the benefit of certain provisions of the act. dealing with this argument, the learned judge (ramakrishnan j.) referred to clause 6 of the lease, extracted above, and pointed out that he inference was not at all justified, on the facts, ..... tenant not to exercise his right to obtain a conveyance of the site under s. 9 of the act will be invalid and would not be saved by he proviso to s. 12. in this view, therefore, the conclusion of the learned judge (ramakrishnan j.) allowing the appeal cannot be sustained. the decree of the trial court has to .....
Tag this Judgment!Court : Chennai
Reported in : (1964)1MLJ213
..... this court consisting of ramachandra iyer, c.j. and kunhamed kutti, j., in marsram naraindas v. venkataswami naidu : (1963)1mlj140 . in that case, the learned judges had to interpret a lease deed, which contained an express stipulation that the tenants should not put up a superstructure on the land leased. the tenants put up a superstructure ..... of rs. 5,000 offered by the plaintiffs. under section 9 of the city tenants' protection act, the defendant was entitled to purchase the suit site from the plaintiffs, and pay the proper value for the site.5. the learned judge of the city civil court came to the conclusion that the property leased was a vacant land ..... this appeal from the judgment and decree of the learned first assistant judge of the city civil court, madras, in o.s. no. 796 of 1958; raises a question regarding the application of the provisions of the madras city tenants' protection act, 1921, as amended by madras act xix of 1955.2. the plaintiffs, the mylapore hindu permanent fund .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad335; (1963)IILLJ304Mad
..... authority. rajagopalan, j., nevertheless went into the question over again and felt that there was no reason to come to a different conclusion. observed the learned judge;'it is a corporation wholly owned, financed and controlled by the state. though in its day to day administration it enjoys a large measure of autonomy, the ..... a statutory provision.'the question of justiciability in the instant case will be considered separately but i have quoted the above passage only to show that the learned judge with reference to the criteria mentioned in : air1958mad343 , was prepared to hold the life insurance corporation to be a public authority. the life insurance corporation ..... can be made under that section against a corporation when the doing or forbearing of any act is under any law for the time being in force, clearly incumbent on such corporation in its corporate character.'the learned judge on that view dismissed the preliminary objection to the maintainability of the petition under article 226 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad476; (1956)IMLJ395
..... by the party aggrieved of the matter complained of. the commissioners may ascertain the, amount of such damages either by trial before themselves, or by directing an inquiry to be taken before one or more of themselves or before some officer of their court.'10. before the enactment of this provision, it had been held sometimes ..... the jurisdiction and powers, which were vested in the railway commissioners, were transferred to and vested in the railway and canal commission, newly established by that act. section 12 of this act for the first lime conferred power on the commission to award damages including repayment of overcharges. that section ran thus:'where the commissioners have jurisdiction to ..... but the jurisdiction of the court on' such a complaint was limited, for that section only provided that'it shall be lawful for such court or judge to issue a writ of injunction or interdict restraining such company or companies from further continuing such violation or contravention of this .....
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