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 : Feb-17-1960
Reported in : [1960]11STC443(Mad)
..... of what had been refunded under a valid order of court, particularly when such refund would not be held to be under any mistake of law. the learned judge held that, if the tax had remained uncollected, the provisions of section 17 would enable a levy or collection at the enhanced rate, but those provisions would not ..... first respondent in pursuance of the order of the sales tax appellate tribunal, could be collected by the government under the machinery provided by the madras general sales tax act. a similar question arose in a slightly different form in w.p. nos. 503 etc. of 1957 since reported as muthu muna muthukaruppan chettiar v. deputy commercial ..... of the high court in the revision petitions, the madras legislature passed the madras general sales tax (definition of turnover and validation of assessments) act, 1954 (madras act no. xvii of 1954). the act received the assent of the president on 6th july, 1954 and contains three sections of which sections 2 and 3(1) are alone material. .....
Tag this Judgment!Court : Chennai
Decided on : Jun-30-1960
Reported in : AIR1961Mad105; (1960)2MLJ346
..... rule 89.the argument was that since the decree had been set aside by the appellate court, there was no jurisdiction for the court to confirm the sale. the learned judge rejected the contention and reached the conclusion that there was no option for the court but to confirm the sale on the view that the omission of the proviso to ..... up the property for sale. aggrieved by that order, the stranger purchaser has filed this appeal.2. on 31-3-1954 in suit no. 17 of 1941, the joint civil judge, nadiad passed a decree tor rs. 39,878-7-9 with costs in favour of santha bai and dave bhavani sankar and against three defendants, deva jetharama jebhai (deceased), dave ..... purchase money, which goes to the purchaser as statutory compensation, and this remedy can only be pursued within 30 days of sale: -- see article 166 sch. i of the limitation act, 1908. that this is so, is, in their lordships' opinion, clear under the wording of rule 92, which provides that in such a case (i.e., where the sale has .....
Tag this Judgment!Court : Chennai
Decided on : Jan-29-1960
Reported in : (1960)2MLJ207
..... distribution. venkataramana rao, j., had to consider the meaning of the term 'proceeding' in schedule ii, article i (b)(i) of the old court-fees act. the learned judge held that the word 'proceeding' in its narrow sense could be a step in any action or in an independent proceeding analogous to an action by which a ..... . the claimants were however dissatisfied with the award and at their instance a reference was made under the provisions of section 18 of the act on 21st july, 1955. the principal city civil judge who heard the reference increased the compensation payable to the appellants. the latter, however, were dissatisfied with what they got and they have filed ..... said that a copy application was a proceeding by way of appeal or revision from the substantive appeal. the learned judge held that the copy application would be governed by the provisions of the old court-fees act in the view that the term 'otherwise' should be understood as meaning arising from. the position in the present .....
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 : Mar-03-1960
Reported in : AIR1961Mad35
..... among the members of the service, that is, members who have already been appointed to that service. the position could be different, if for instance collector like district judges in madras were to constitute a separate service.30. the phrases 'appointment by promotion' and 'appointment on promotion to the higher grade' have no doubt the sanction ..... clauses(1) and (2) of article 16, that is 'any office under thestate', or language analogous to that used in section 246(1)of the government of india act, 1935, would havebeen employed. no doubt some words have to beused read in article 16(4) to understand the statutoryexpressions 'appointments' or 'posts'. but onlysuch words ..... employment under the state' is more comprehensive than 'appointment to any office under the state'. 'employment' denotes continuity of service and does not end with the initial act of appointment of a person to a civil post, whether or not that post is included in a civil service.a person appointed to an office or post is .....
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 : Mar-25-1960
Reported in : (1981)1MLJ171
..... his favour settling all her properties on him and cancelling or revoking exhibit b-1, and that therefore he alone would be entitled to the entire compensation. the learned subordinate judge of ghingleput held an enquiry into the matter in g.r.o.p. no. 275 of 1966, in which krishnammal, dhanalakshmi ammal (the plaintiff) and damodaram pillai were ..... , an appeal as against the order in g.r.o.p. no. 275 of 1966 was filed before the district court, ghingleput in a.s. no. 103 of 1968. subsequently it was transferred by the orders of this court, to this court for being heard along with the other connected appeals a.s. nos. 403 and 404 of 1976 ..... in praesenti on the settlees.18. now, we shall pass on to the important question of law raised by mr. govind swaminathan. section 122 of the transfer of property act reads as follows:gift is the transfer of certain existing : movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another called the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-12-1960
Reported in : 1960CriLJ1622
..... , the evidence adduced in order to show that it was purchased by this accused from a particular shop, has not been believed by the learned sessions judge himself. obviously, such evidence, based on mere recollection, particularly when the number of purchasers buying such odinary household implements might be very large, is entitled ..... to suggest a rational explanation for the conduct of the accused. in paragraph 73 of the judgment of the lower court, the learned sessions judge actually refers to a contention by the learned counsel for the accused at the trial that the accused must have been temporarily insane, following his ..... anantanarayanan, j.1. the appellant desingh nadar, a young man of about 23, has been convicted by the learned sessions judge of ramanathapuram division it madurai of the murder of one sivaswami nadar at the house of the deceased on the night of ..... and ameer all law of evidence 10th edn. p. 173 and foil.; justice v. b. raju, i g. s., the evidence act, p. 37 and foil.). .....
Tag this Judgment!Court : Chennai
Decided on : Aug-22-1960
Reported in : (1960)2MLJ555
..... to grant an injunction in regard to matters between the landlord and the cultivating tenant except in cases where the revenue divisional officer is exclusively empowered by the act. the act itself does not provide for the adjudication of disputes between the landlord and the cultivating tenant in all matters. in other words, it is not a code ..... set aside ex parte orders. that question was answered in the negative by basheer ahmed sayeed, j. the learned judge held that a revenue divisional officer acting under act xxv of 1955 was not a court having any inherent jurisdiction and that the rules of the civil procedure code would not in general apply to the proceedings ..... of 1955 except in so far as they have been specifically incorporated into that act. after the decision was rendered the rule-making authority added clauses (d) to (i) alone. that shows that the rule-making authority accepted the decision of the learned judge and provided only for a few of the cases provided in the code of .....
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