Court : Chennai
Decided on : Sep-08-1960
Reported in : (1962)1MLJ116
..... on bits of property forming part of a muslim burial-ground. when they were sought to be evicted by the landlord-trustee they claimed the benefit of the act. the learned judge referred to the full bench decision already referred to and observed as follows:by reason of this explanation it is clear that section 9 was intended to apply ..... -tenant preferred an appeal, a.s. no. 104 of 1957 which was heard and disposed of by the learned additional judge, city civil court, madras. the learned additional judge held that the tenant was entitled to the benefits of the act and accordingly granted her the relief for purchasing the land from the trust in accordance with the provisions of the ..... cannot enforce a compulsory sale of the land under section 9 of the madras city tenants protection act and require the temple or mosque to deliver the land to him on a valuation to be made by the court.6. the learned judges took the view that the explanation to section 9 did not permit the tenant to compel the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-01-1960
Reported in : AIR1961Mad258; (1961)1MLJ198
..... of the suit venkatarama iyengar died and narayana iyengar and ramaswami iyengar were impleaded as his legal representatives.4. the learned subordinate judge who tried the suit held that section 6 (13) of madras act xix of 1951 would cover the feeding charity and accordingly he dismissed the suit with costs of the first defendant. this appeal ..... whether this endowment constituted religious charity within the meaning ot section 6(13) of the act. anantanarayanan j. delivering the judgment of the bench observed thus at page 494:'it is not now necessary to consider whether the learned subordinate judge was justified in his finding that the puja and neivedhyam had to be performed at ..... . p. no. 297 of 1947 on the file of the district court of tiruchirapalli under section 84(1) of the act for the cancellation of the order levying contribution.by order dated 11-3-1947 the learned district judge allowed the petition holding that the charity was not a 'specific endowment' within the meaning of madras .....
Tag this Judgment!Court : Chennai
Decided on : Jul-14-1960
Reported in : AIR1961Mad305; [1961(3)FLR233]; (1960)IILLJ678Mad; (1960)IILLJ678Mad
..... the workman had been victimised for any activities of his in connection with the trade union, the tribunal might have had reasons to be critical of the inquiry held by the management. this is what the labour court found in the present case.the court expressly found that the management was actuated by improper motives when ..... an enquiry which was completed after such judgment.in the present case, by the time the employer completed the enquiry by inflicting the employee the punishment the sessions judge of coimbatore had acquitted the employee of the offences charged. that decision would be binding on the employer. even otherwise, failure to accept that decision or at ..... the finding, as an industrial dispute, i. d. no. 13 of 1952, was then pending before the industrial tribunal.under section 33 of the industrial disputes act, then in force, it was not open to the management by themselves to take any disciplinary action against the worker miring the pendency of the proceedings before a tribunal .....
Tag this Judgment!Court : Chennai
Decided on : Mar-24-1960
Reported in : AIR1961Mad64; (1960)1MLJ243
..... position in regard to the two sets of claims, the learned judge proceeded to assume what, in his opinion, must have been the basis of the claim and held that in the suit which was kid against both the railway ..... was that the claim against the railway could not properly be joined in the same suit with the claim 'against the insurance company. the learned assistant city civil judge found that the plaint did not specify how the plaintiff was entitled to a decree against the 4th defendant as well.instead of directing the plaintiff to clarify the ..... the civil procedure code, 1908, which took its place is even wider in that the joinder could be in respect of the same act or transaction and not necessarily within the term 'matter'.5. the order of the learned judge suffers froma more vital infirmity as well. the contract of insurance had not been produced before him and hewas not justified .....
Tag this Judgment!Court : Chennai
Decided on : Nov-30-1960
Reported in : AIR1961Mad486; [1961(3)FLR35]; (1961)ILLJ615Mad; (1961)2MLJ273
..... in i. m. lall's case, 75 ind app 225 : (air 1948 pc 121), without a consideration of the provisions of the civil procedure code relevant to the inquiry and without a consideration of the reasoning of the federal court in tarachand pandit's case, air 1947 fc 23, cannot be treated, particularly because the matter ..... illegal order of dismissal contravening the provisions of the constitution. we are therefore of opinion that the suit claim is well founded and that the learned subordinate judge was right in granting a decree in favour of the plaintiff as prayed for.29. learned counsel for the appellant contended that the order of reinstatement ..... to contractual rights; rodwell v. thomas, 1944 kb596. no remedy exists where an officer appointed under statutory, authority loses his office through its premature termination by act of parliament without compensation, since the agreement has become impossible of performance; reilly v. r, 1934 ac 176. members of the armed forces cannot sue for arrears .....
Tag this Judgment!Court : Chennai
Decided on : Aug-22-1960
Reported in : AIR1961Mad92; 1961CriLJ382
..... case however contains certain errors (noticed in the order of reference) which justified the criticism that it is difficult to ascertain the precise reason which influenced the learned judges' to come to the conclusion they did. the judgment would appear as if the question arose in regard to the statements recorded under section 162, but it ..... ), held that the documents were not public documents, and that the accused would not be entitled to copies thereof. in the course of their judgment, the learned judges observed that, if the documents were held to be public documents, the accused should be held to have an interest therein which would entitle them to copies thereof ..... not be relevant, if the law enables a person to obtain copies of such statements even before the commencement of the inquiry or trial. it is claimed that sections 74 and 76 of the evidence act provide the statutory basis for the right of a person, against whom an information is given and is pending investigation, to .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-1960
Reported in : (1960)2MLJ205
..... be compelled to hold an inquiry. if it decides that an inquiry is not necessary, the applicants can carry the matter no further; so much is conceded by the learned advocate for the appellant.4. again at page ..... upon this basis, and the question is whether the suit is maintainable; and whether the civil court can frame any scheme.3. the learned assistant city civil judge came to the conclusion that the court had no jurisdiction to frame a scheme, mainly placing reliance upon the bench decision of this court in pichu ayyangar v. ..... ramanuja jeer swamigal : air1940mad756 . in that decision, the question whether the civil courts have jurisdiction to frame a scheme after the passing of the madras hindu religious endowments act, 1927, was dealt with and answered in the negative. the following passages in the judgment of leach, c.j., are of significance (at page 885):the board cannot .....
Tag this Judgment!Court : Chennai
Decided on : Feb-18-1960
Reported in : AIR1961Mad208; (1960)2MLJ202
..... 2) etc. however, the receipt does not appear to have been properly proved, and the learned judge felt some difficulty in accepting and acting upon it. but, for purposes of the present argument, i shall assume that the car was actually sold on that dale, and that defendant 2 became ..... vesting in defendant 1 alone on the date o! the accident.3. learned counsel far the company, sri r. gopalaswaini aiyangar, argues that this conclusion of the learned judge is opposed to certain facts of the documentary record, such as the receipt dated 8-1-1951 (ex. b-4, issued by sukumar productions to n. ramakrishna (defendant ..... and negligent, and that it recited in the death of the son of the plaintiffs, aged about 13, entitling the plaintiffs to claim for heavy damages. the learned judge came to the conclusion that, for want of sufficient evidence, he could not hold that the sale was established. he therefore held that the facts amounted to the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-08-1960
Reported in : AIR1961Mad79; [1960]40ITR118(Mad); (1960)2MLJ282
..... where no such agreement can be reached, the central government shall appoint as arbitrator a person qualified under sub-section (3) of section 220 of the above mentioned act for appointment as a judge of a high court...... (c) the arbitrator in making his award shall have regard to --(i) the provisions of sub-section (1) of section 23 of ..... dispute as to the amount of compensation payable, the matter was referred for adjudication by an arbitrator under section 19(1)(b) of the defence of india act, 1939. the arbitrator (the district judge of north arcot) made an award, holding that the assessee should be paid a sum of rs. 63,249-12-0 as compensation. there was an ..... the land acquisition act, 1894, so far as the same can be made applicable; and (ii) whether the acquisition is of a permanent or temporary character.' 5. under section .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-1960
Reported in : AIR1960Mad394; (1960)2MLJ89
..... no. 1289 of 1959 in o. p. no. 67 of 1953 on the file of the learned district judge of coimbatore, the present appellant (the property guardian of a minor sought, under s. 29 of the guardians and wards act (viii of 1890), for permission to sell 55 standard acres of lands belonging to the minor. the legal ..... proceedings, were actually engaged in reducing the sizes of their estates by sales, in conformity with the anticipated law.(4) in a brief order, the learned district judge dismissed this application. he gave two grounds therefor. the first was that 'nothing definite is known about the anticipated legislation.' the second was that the avowed object ..... a proposal.' the petition was dismissed with these observations.(5) i think that very little discussion is needed to show that the reasoning of the learned district judge is fallacious and that both grounds given by him for refusal of the permission are unsustainable. firstly, it appears to be indisputable that this legislation is impending .....
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