Court : Chennai
Decided on : Sep-20-1967
Reported in : AIR1970Mad48
..... has once begun to run will as a rule continue to do so. no subsequent disability or inability to sue stops it--see section 9 of the limitation act, 1908. the learned judge at the trial, when he observed that the subrogee is not affected by any rule of limitation which applies to the other person, overlooks the position of ..... of six months for action against any person for anything done or purported to have been done in pursuance of the act from the accrual of the cause of the suit.13. on the question of negligence, the learned judge, after a close analysis of the evidence and having regard to the law governing the matter, held that the board ..... applied and not the special period of limitation provided under section 110 of the act. the learned judge, on an examination of the relevant provisions of the act and the authorities placed before him, rejected the insurer's contention that section 110 of the act would not apply to the case. he held that the period of limitation provided in section .....
Tag this Judgment!Court : Chennai
Decided on : Sep-20-1967
Reported in : (1968)2MLJ497
..... which has once begun to run will as a rule continue to do so. no subsequent disability or inability to sue stops these section 9 of the limitation act, 1908. the learned judge at the trial, when he observed that the subrogee is not affected by any rule of limitation which applies to the other person, overlooks the position of ..... of six months for action against any person for anything done or purported to have been done in pursuance of the act from the accrual of the cause of the suit.13. on the question of negligence, the learned judge, after a close analysis of the evidence and having regard to the law governing the matter, held that the board ..... applied and not the special period of limitation provided under section 110 of the act. the learned judge, on an examination of the relevant provisions of the act and the authorities placed before him, rejected the insurer's contention that section no of the act would not apply to the case. he held that the period of limitation provided in section .....
Tag this Judgment!Court : Chennai
Decided on : Apr-28-1967
Reported in : (1969)1MLJ537
..... if the sale was necessary to discharge the debt, and the purchaser pays a fair price for the property sold, and acts in good faith and after due inquiry as to the necessity for the sale, the mere fact that part of the price is not proved to have been applied ..... has authority to raise money not only for the payment of debt, but also for the purpose of carrying on the business. the learned judges of the high court were of opinion that, as in this case the business had recently resulted in loss, the managing member was not ..... hard cash was needed by the family. and as regards inadequacy for price, as held by the learned district judge, the plaintiff has not been able to show that the consideration for any of the sales was unreasonably low. the learned district ..... judge who has confirmed the decision of the trial court has addressed himself to the questions that came up for consideration .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1967
Reported in : (1967)2MLJ317
..... of any institution included in the list published under section 46 having a hereditary trustee or trustees, the commissioner after notice to such trustee or trustees and after such inquiry as he deems adequate, considers for reasons to be recorded, that the affairs of the institution are not, and are not likely to be properly managed by ..... commissioner, hindu religious and charitable endowments appointed one radhakrishna naidu as the trustee for a period of 5 years in pursuance of the scheme, read with section 47 of act xxii of 1959. on 6th october, 1960 another non-hereditary trustee was appointed under the same provisions. on 29th june, 1965 the assistant commissioner issued a notice ..... 2. in l933 the board of commissioners for hindu religious endowments filed the suit, o.s. no. 7 of 1933 in the court of the district judge of east thanjavur, nagapattinam, for modifying the schemes already framed in respect of the suit temples against the petitioner's father and three others on the ground .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1967
Reported in : (1977)2MLJ191
..... been shown to deprive an individual employee of his right to pursue the appeal which he had preferred long before the reference to the tribunal under the central act was made. the learned judge was of the view that it would perhaps be a different matter if the employee had taken his case before the tribunal to which an industrial dispute had ..... enacted. therefore, the object of the legislation is for investigation and settlement of industrial disputes. the act constituted under chapter ii the authorities under the act, namely, works committee, conciliation officers, boards of conciliation, courts of inquiry, labour courts, tribunals, national tribunals etc. chapter iii of the act provided for references of disputes by the government to boards, courts or tribunals. provision is also .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-1967
Reported in : (1970)1MLJ300
..... the argument that where the scheme was framed not by the transport department, but by the government itself, this was contrary to section 68-c of the act.. the learned judge held, after an analysis of articles 154, 162 and 166 of the constitution, that state road transport was a matter falling within the executive power of ..... therefore, feel that no apology is needed for setting forth these passages verbatim here.the effect of the said provisions, insofar as they are relevant to the present inquiry, may be stated thus : the state transport undertaking is an undertaking providing road transport service which is carried on by the state or any other corporation or authority ..... undertaking must necessarily be that of the state government which runs the undertaking. the anomaly of the state government being the proposer of the scheme and the judge of its validity, it has been noticed by the supreme court in several cases, could be avoided in practice by suitable provisions in the exercise of the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-01-1967
Reported in : (1969)2MLJ417
orderk. veeraswami, j.1. this petition is directed against an order of the city civil judge taking the view that the entire claim is triable only by the claims tribunal under the motor vehicles act and that, as such, the civil court has no jurisdiction. on that view, it returned the petition for leave to sue in forma pauperis to ..... personal injuries to the petitioner is concerned, the court below was clearly right in the view it took. sections no (1) and 110-f of the motor vehicles act make it crystal clear that claims for compensation in respect of accidents involving bodily injury are triable only by the claims tribunal having territorial jurisdiction and that the civil ..... civil court is excluded by terms of section 110-f. there is absolutely no indication in either of the sections or in any other provisions of the motor vehicles act to justify the proposition that the tribunal will have jurisdiction to try any claim other than that defined in section 110 (1). it may be that this approach .....
Tag this Judgment!Court : Chennai
Decided on : Nov-10-1967
Reported in : AIR1968Mad366; (1968)2MLJ220
..... remote to fasten any liability on the defendants'. this conclusion would appear to be unwarranted. but the new trial bench had some justification for pointing out that the learned trial judge relied on ex. p-1, a true copy of the fire report recorded by the madras fire service, which piece of evidence had not been properly proved.(3) ..... , and he approbates the dictum that 'a man shall answer to his neighbour for each person who enters his house at his leave or knowledge.......if he does any act................whereby his neighbour's house is burnt'.(4) in other words, there is a liability on the part of a proprietor of property,, for damage caused to the property ..... , or guest'.(5) with regard to the conclusion of the new trial bench that the negligence is too remote i am indeed unable to gather what precisely the learned judges implied by this. the properties are adjacent, the thatched shed was built at some height over the parapet wall on open terrace, which might thus amount to a private .....
Tag this Judgment!Court : Chennai
Decided on : Oct-04-1967
Reported in : AIR1968Mad436
..... , the liability to make good the damage or loss shall be proportionate to the degree to which each person was at fault. the said decision of a single judge of the punjab high court proceeds on the authority of land v. london transport executive, 1959 3 all er 609 as justifying the apportioning of liability among tort- ..... follows:'on receipt of an application for compensation made under s. 110a the claims tribunal shall, after giving the parties an opportunity of being heard hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom ..... tribunal in respect of the claim for compensation shall be granted by the civil court.'thus the above provision contained in ss. 110(1) and 110f of the act taken together clearly show that the claims tribunal wherever constituted has exclusive jurisdiction to entertain any question regarding any claim for compensation which may be adjudicated upon by .....
Tag this Judgment!Court : Chennai
Decided on : Oct-04-1967
Reported in : (1969)1MLJ49
..... the liability to make good the damage or loss shall be proportionate to the degree to which each person was at fault. the said decision of a single judge of the punjab high court proceeds on the authority of lang v. london transport executive 6 as justifying the apportioning of liability among tort-feasors. but it ..... tort-feasors to independent tort feasors causing the same damage. in nawal kishore v. rameshwar : air1955all594 , it has been. pointed out that the courts in india act on the principle of equity, justice and good conscience in matters which are not covered by statute and rely upon the principles established under the english law to ..... respect of the claim for compensation shall be granted by the civil court.thus the above provisions contained in sections 110 (1) and 110-f of the act taken together clearly show that the claims tribunal wherever constituted has exclusive jurisdiction to entertain any question regarding any claim for compensation which may be adjudicated upon by .....
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