Court : Chennai
Decided on : Apr-01-1960
Reported in : (1962)1MLJ340
..... that there was any reason to suspect that a lighted cigarette might be thrown near the bags by a passer-by.applying the test propounded by him the learned judge held that the railway company did not fail to exercise ordinary diligence expected of a bailee and that it was not liable for any damage. in shanti lal ..... words of section 110:no suit or other proceeding shall be commenced against any person for anything done, or purporting to have been done, in pursuance of this act, without giving to such person one month's previous notice....the limited question for my consideration, therefore, is whether the duty undertaken by the port trust in accepting ..... possession of the board and receiving, removing, shifting, transporting, storing or delivering goods brought within the board's premises, the board was not under any duty to act as a warehouseman in respect of imported goods and consequently neglect in this case was caused not in the course of performance of any duty imposed upon the port .....
Tag this Judgment!Court : Chennai
Decided on : Jan-19-1960
Reported in : (1960)2MLJ392
..... is substantial compliance with the rules read as a whole and provided no prejudice ensues; and when the legislature does not itself state which is which judges must determine the matter, and exercising a nice discrimination, sort out one class from the other along broad-based, commonsense lines.oftentimes the statute or ..... or mandatory and recommendatory provisions, rules and regulations is well known and cannot admit of any doubt. the contravention of an absolute enactment renders the resulting act invalid and void while non-compliance of a directory enactment leaves the validity of the thing done untouched. ' an absolute enactment must be obeyed or fulfilled ..... 140 of 1959 under the following circumstances:2. the coimbatore district co-operative central bank, ltd., is a registered society governed by the madras co-operative societies act (vi of 1932). it will be hereinafter referred to as the central bank. the general body of central bank consists of the following members : (i) individual .....
Tag this Judgment!Court : Chennai
Decided on : Oct-20-1960
Reported in : [1961]43ITR358(Mad)
..... maximum, and (iii) distribution among the shareholders with reference to the number of shares and the number of months during which they held them. the learned judges found that the earnings of the fund consisted chiefly of interest from the shareholders either on loan or on overdue subscriptions and occasionally interest from outside investments, ..... high court the appellant (the english and scottish joint co-operative wholesale society ltd.) had been incorporated in the united kingdom under the industrial and provident societies act, 1893. it had as its object the carrying on the business of planters growers producer merchants and manufactures and brokers of tea. the society consisted of ..... , it is necessary to set out the facts relating to the constitution of this fund. the fund appears to have been originally incorporated under the companies act, in 1903. at that time it was almost identical in the scope of its operations with the mylapore hindu permanent fund, to the constitution of which .....
Tag this Judgment!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 .....
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