Court : Chennai
Decided on : Jan-21-1960
Reported in : AIR1961Mad59; (1960)1MLJ90
..... is directed against the judgment of the learned chief judge of the court of small causes, madras, in l. c. no. 22 of 1954, which was a claim by express newspapers ltd,, against the government represented by the collector ol madras under section 48(2) of the land acquisition act. the claim was rejected by the court below except ..... even prior to the section 4(1) notification, and that there was no credible evidence to substantiate the alleged loss of revenue. upon item (2) the learned judge held that the intended acquisition could not possibly have interfered with the construction for which the temporary building was substituted, and that the claim was unacceptable. with regard to ..... liberal ccmpensation to the owner, and that, if he is not satisfied with the collector's offer, he should have the same rights of reference to the judge as in case of acquisition."we shall refer, in due course to the very elaborate arguments of learned counsel in explanation of this core of his thesis, illustrated .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1960
Reported in : 1960CriLJ1340
..... p 7. this dying declaration was later excluded from the scope of the evidence by the learned sessions judge, as the accused survived and the statement was clearly inadmissible, in consequence, under, section 82 of the evidence act. the learned judge observed that it was not a statement recorded under section 164 cr, p. c, for the formalities ..... magistrate recorded it in the manner prescribed by s, 164 even before the investigation had begun.the sessions judge rejected the contention holding that the magistrate was entitled under section 190 (1) (c) of cr.pc, to record and act on the information furnished by the accused himself. his view was that an investigation by the police was ..... precedent x if the initiation of proceedings against the accused. it is was held by this court that assuming that the magistrate was duly empowered to act under section 190 (1) (e), the sessions judge's view was correct. apart from that, confessions, like other admissions, are relevant evidence under the evidence .....
Tag this Judgment!Court : Chennai
Decided on : Dec-01-1960
Reported in : (1962)1MLJ161
..... expose those responsible to proceedings under the penal law. the learned sessions judge also ignored or overlooked the definition of hurt under section 321, indian penal code, and the specific explanation to section 322, indian penal code, which defines ..... the head and caused the fracture which led to his immediate death.7. in convicting the appellant under section 325, indian penal code, the learned sessions judge has overlooked the explicit terms of section 80, indian penal code, which was enacted precisely to cover contingencies of this character, which however regrettable, do not ..... since the appellant clearly never intended to cause hurt, and could not be credited with any knowledge that hurt or grievous hurt would be caused by his act, and the fracture was due to a sheer accident, the appellant cannot be convicted under the penal law.8. accordingly, i allow the appeal and acquit .....
Tag this Judgment!Court : Chennai
Decided on : May-03-1960
Reported in : [1960]40ITR377(Mad)
..... reduce, enhance or annul the assessment, or(b) set aside the assessment the direct the income-tax officer to make a fresh assessment after making such further inquiry as the income-tax officer think fit or the appellate assistant commissioner may direct, and the income-tax officer shall thereupon proceed to make such fresh assessment ..... well within the subject-matter of appeal, the relief granted being less than what the grounds of appeal justified. dealing with section 33(4), the learned judges observed at page 856 :'the expression thereon has come in for considerable judicial comment and observation, and the authorities lay down that the power of the ..... section 41, omitting the words which are not necessary for the present purpose, runs thus :'in the case of income, profits or gains chargeable under this act which............... any receiver.............. appointed by or under any order of a court.................. are entitled to receive on behalf of nay person, the tax shall be levied .....
Tag this Judgment!Court : Chennai
Decided on : Feb-16-1960
Reported in : AIR1961Mad32; (1960)2MLJ157
..... is true that the inherent power of courts can always be invoked to furthsr the ends of justice, with due deference to the learned judge there are certainly limits to such power. to further the ends of justice we cannot grant a decree on a promissory note which has become ..... consent decree only an estate for life. the question no doubt depends upon the construction of section 14(2) of the act.but so far as we are aware, there is no provision in the code of civil procedure or anywhere else which warrants an application as ..... the case of the respondent that he-cause of the passing of the hindu succession act, 1956 that decree has become void. all that she says is that by reason of the provisions of that act she has become entitled absolutely to the property in which she had under the ..... 1. this appeal,must be allowed not on the merits but on the ground that the learned judge had no jurisdiction to grant a declaration such as that which he granted to the respondent on an application .....
Tag this Judgment!Court : Chennai
Decided on : Aug-18-1960
Reported in : AIR1961Mad281
..... that there may co-exist some other usual mode of conveyance and route. the terms of the contract must be observed.'after referring to the usage pleaded, the learned judge continued:-'any such usage, if found, would be inconsistent with the terms of the written contract, and repugnant to them, and therefore inadmissible to annex a new term ..... carrier, or by that route.'then again, at page 738, the learned author states, after considering the provisions of section 32(1) of the english sale of goods act:-'whether named by the buyer or not' shall be read subject to the preceding words 'in pursuance of the contract', so that if the buyer names a particular ..... correspondence did not induce the parties to change, their respective attitudes.the appellant finally repudiated the claim of the respondent on the ground that, as the latter had not acted up to the terms of sending the goods by train, but instead sent than by steamer, he was absolved from all obligations under the contract, but that the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-24-1960
Reported in : AIR1961Mad310; (1961)ILLJ283Mad
..... decision in wakefield estate v. peruma, 1959-1 mad lj 213, of balakrishna aiyar j. wherein the learned judge held that having regard to the definition of the term "employee" under section 2(i) of the minimum wages act, past employees would not be entitled to obtain the benefit of the summary remedy provided by section 20 of ..... the terms of that section.6. the interpretation of section 20 which commended itself to the learned judge will have the effect of excluding a large class of employees from the remedy provided by that section. section 3 of the act empowers the appropriate government to fix the minimum rate of wages in regard to employments specified in ..... the minimum wages act. this view of the learned judge was mainly based on the circumstances that section 2(i) while defining the term "employee .....
Tag this Judgment!Court : Chennai
Decided on : May-03-1960
Reported in : (1960)2MLJ516
..... interference was well within the subject-matter of appeal, the relief granted being less than what the grounds of appeal justified. dealing with section 33(4) the learned judges observed at page 856:the expression 'thereon' has come in for considerable judicial comment and observation, and the authorities lay down that the power of the tribunal is ..... receivable are indeterminate or unknown, the tax shall be levied recoverable at the maximum rate, but, where such persons have no other personal income chargeable under this act and none of them is an artificial juridical person, as if such income, profits or gains or such part thereof were the total income of an association of ..... as it would be leviable upon and recoverable from the person on whose behalf such income, profits or gains are receivable, and all the provisions of this act shall apply accordingly:provided that where any such income, profits or gains or any part thereof are not specifically receivable on behalf of any one person, or .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1960
Reported in : AIR1961Mad190; (1960)2MLJ355
..... the case of the 1st defendant in respect of the transaction, of course, pleaded that he was a bona fide purchaser for value. 6. the learned subordinate judge of vellore found that the impugned transactions were vitiated by undue influence and fraud, that the second defendant the alienee was not a bona fide purchaser for value ..... donor. 23. mr. k. krishnaswamy ayyangar, learned counsel for the appellant, contended that the facts proved in the case are sufficient to show that the plaintiff acted voluntarily without pressure of any kind and imbued with the laudable motive of providing for his mother who did not get enough under the partition to sustain herself. ..... on the ground that he is a bona fide transferee for value, without notice of the circumstances affecting the impugned transaction. 20. section 16 of the indian contract act defines undue influence' in the following way: '(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-1960
Reported in : AIR1961Mad298; (1961)1MLJ140
..... married the 2nd defendant sometime in 1949. of course, his evidence is not clear as to whether the marriage took place before the madras act vi of 1949 or after. no doubt, the learned district judge has discussed the evidence and the probabilities of the case to fix the date of the marriage. but this was wholly unnecessary. so long ..... hindu widows' remarriage ace cannot be invoked, the marriage of the second defendant with the third defendant being a void marriage under madras act vi of 1949. in this view of the matter, the learned judge granted a mere decree for declaration in favour of the plaintiff that the alienation by the second defendant in favour of the first defendant ..... and that it was sprung as a surprise at the time when the appeal was heard by the learned district judge. there is no doubt some force in this contention of the learned counsel. if the applicability of madras act vi of 1949 raised in this case were to depend upon disputed questions of fact, i would have had no .....
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