Court : Chennai
Decided on : Sep-14-1960
Reported in : AIR1961Mad230
..... confined only to killing of stray dogs without owners, and that therefore the municipal council was not liable. the learned district judge was also of opinion that section 375 of the municipalities act was a bar to the maintainability of the suit. the judgment and decree of the trial court were therefore set aside and ..... is whether the municipal council can justify its action by taking shelter under section 254 of the travancore district municipalities act, 1116. before discussing the question i must say that the learned district judge was totally wrong in holding that the municipality can authorise killing of dogs in public streets without even any statutory sanction ..... appeal which was a.s. no. 171 of 1957, on the file of the district court, tirunelveli. the learned district judge held that quite apart from section 254 of the district municipalities act, the municipality had the power to direct destruction of dogs straying in public streets. he further held that the employee of the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-10-1960
Reported in : AIR1961Mad398; (1961)1MLJ348
..... disclaims any complicity of its servants, or any responsibility springing from neglect of its duties as bailee in respect of these goods.3. the learned first assistant judge of the city civil court tried this action on the merits, after framing the relevant issues. he came to the conclusion that the goods were lost by ..... precautions had been taken.in surat cotton spinning and weaving mills ltd. v. secy. of state a presumption under section 114, illustration g of the evidence act was drawn, because certain vital evidence had been suppressed by the railway administration. this pointed to a complicity in the theft by some members of the railway administration ..... nor with the further statutory modifications of that liability. the present liability is primarily that of a bailee upon the standards specified in section 151 of the contract act. following the principles expounded in the leading case of coggs v. bernard, i sm. l. c. 175.i might here observe that the criterion in section .....
Tag this Judgment!Court : Chennai
Decided on : May-04-1960
Reported in : (1960)2MLJ527
..... 25-8-0 payable in respect of the suit and the appeal.3. the matter was referred to the court under section 18(2) of the court-fees act. the learned district judge accepted the objection of the court-fee examiner, and directed the plaintiff-appellants) to pay the deficit court-fee of rs. 25-8-0. the petitioners accepted ..... would be binding upon the court which passes the order in the subsequent stages of the suit or proceeding. vide parthasarathl v. venkatadri : air1929mad121 .12. the learned district judge, has held that the finality could only affect the valuation and not the category under which a certain suit falls. reference was made to the decision is nemlchand v. ..... [1953]4scr197 , where it was held that the finality declared by section 12 of the court-fees act was limited to valuation pure and simple and not to the category under which a suit fell. the earlier order of the district judge under section 18 should be deemed to have decided, the category of the suit, its valuation and the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-14-1960
Reported in : (1962)1MLJ279
..... confined only to killing of stray dogs without owners, and that therefore the municipal council was not liable. the learned district judge was also of opinion that section 375 of the municipalities act was a bar to the maintainability of the suit. the judgment and decree of the trial court were therefore set aside and ..... is whether the municipal council can justify its action by taking shelter under section 254 of the travancore district municipalities act, 1116. before discussing this question i must say that the learned district judge was totally wrong in holding that the municipality can authorise killing of dogs in public streets without even any statutory sanction ..... appeal which was a.s. no. 171 of 1957 on the file of the district court of tirunelveli. the learned district judge held that quite apart from section 254 of the district municipalities act, the municipality had the power to direct destruction of dogs straying in public streets. he further held that the employee of .....
Tag this Judgment!Court : Chennai
Decided on : Apr-22-1960
Reported in : AIR1961Mad114
..... was the second defendant. having regard to the reliefs claimed by the plaintiff and the decree granted by the learned trial judge, it becomes irrelevant whether the remedies under sections 6 and 7 of the copyright act are cumulative, or alternative remedies. the house of lords in caxton publishing co v. sutherland publishing co, 1939 a.c ..... plea of the appellant was based on the provisions of section 8 of the copyright act. though this section was expressly mentioned in the written statement, the learned judge, balakrishna aiyar j. found that a plea under section 8 of the copyright act was not specifically taken in the written statement. he pointed out that even no ..... specific issue was taken on the plea. the learned judge, however, was prepared to hold that the plea, .....
Tag this Judgment!Court : Chennai
Decided on : Apr-22-1960
Reported in : (1962)1MLJ258
..... it was the second defendant. having regard to the reliefs claimed by the plaintiff and the decree granted by the learned trial judge, it becomes irrelevant whether the remedies under sections 6 and 7 of the copyright act are cumulative, or alternative remedies. the house of lords in caxton publishing co. v. sutherland publishing co. l.r. ( ..... of the appellant was based on the provisions of section 8 of the copyright act. though this section was expressly mentioned in the written statement, the learned judge, balakrishna ayyar, j., found that a plea under section 8 of the copyright act was not specifically taken in the written statement. he pointed out that even no ..... specific issue was taken on the plea. the learned judge, however, was prepared to hold that the plea, .....
Tag this Judgment!Court : Chennai
Decided on : Mar-04-1960
Reported in : AIR1961Mad285; [1961(2)FLR94]; (1960)IILLJ430Mad; (1960)IILLJ430Mad
..... for the purpose of showing the purported sale of business to the limited company.in view of the fact that we propose to remit the matter for further inquiry before the industrial tribunal it may not be proper for us to express any opinion on the probative value of the various pieces of evidence placed before ..... the rights of the workers. we are unable to accept this as a correct statement of the law irrespective of the other facts found by the learned judge. the learned judge himself expressed his opinion in one place that if the concern had been closed and the employer and employee relationship had been determined, other relevant factors would ..... conciliation officer reported about his failure to bring about conciliation. thereupon the government of madras in exercise of their powers under section 10(1)(c) of the industrial disputes act, xiv of 1947, referred the dispute on 7-7-1953 to the industrial tribunal, madras, for adjudication. in the order of reference the dispute was described thus .....
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 : Nov-16-1960
Reported in : AIR1961Mad390; (1961)1MLJ226
..... both the corporation as well as the defendant, in so tar as the decree of the trial court was against the one or the other, the learned additional judge of the city civil court agreed with the findings of the trial court and dismissed both the appeals. the aggrieved corporation has come up to this court in second ..... 19 of the limitation act will stand expressly excluded. it will follow, therefore, that ex. a. 48 cannot help the plaintiff corporation as an acknowledgment of the defendant's liability. the suit which was ..... right to sue accrues.the period of limitation prescribed by section 390-a is, therefore, different from the period prescribed by article 120. section 29(2) of the limitation act will, in the circumstances, be attracted. the result will be that by operation of clause (b) of sub-section (2) of section 29, the application of 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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