Court : Chennai
Decided on : Dec-19-1967
Reported in : (1968)2MLJ562
..... cruel and then to say that cumulatively they do not amount to anything grave, weighty or serious.in the same case lord tucker stated:every such act must be judged in relation to its attendant circumstances, and the physical or mental condition or susceptibilities of the innocent spouse, the intention of the offending spouse and the ..... event, the respondent herself having put forward the case that she was treated with cruelty by the appellant, under section 35 of the special marriage act, 1954, the learned additional judge ought to have granted a decree for divorce.7. before i deal with these contentions, it is necessary to refer to certain general principles which should ..... m.m. ismail, j.1. this is an appeal against the order of the learned additional judge, city civil court, madras, dismissing the application filed by the appellant herein, under section 27 of the special marriage act, for a decree of divorce, on the ground that the respondent has treated the appellant with cruelty.2. the .....
Tag this Judgment!Court : Chennai
Decided on : Feb-07-1967
Reported in : (1967)2MLJ450
..... and honesty. that has been lacking in this case and the chartered accountant was found wanting in frankness and candour. he appears to have gone into the inquiry on his own without taking any advice or had been ill-advised. but there is one factor to be considered in his favour, that apart from this ..... the members of the profession is the best judge to determine what the conduct and standard of its member should 'be. the council has now expressed its view that the impugned conduct amounts to professional misconduct ..... the conduct of any member of the institute under any other circumstances.5. the definition of professional misconduct under section 22 is not an exhaustive definition and acts of omission and commission specified in the checked are only illustrative. primarily the professional body charged with the task of maintaining the standards and discipline of .....
Tag this Judgment!Court : Chennai
Decided on : Jul-07-1967
Reported in : AIR1968Mad383; (1968)1MLJ437
..... a usufructuary mortgagee, there was nothing further that a prospective purchaser of the property need have enquired about. this argument was rejected in unambiguous terms. the learned judge has referred to all the leading decisions and in particular had extracted the following statement of the law in barnhart v. greenshields, (1853) 14 er 204 at ..... price, the defendants cannot resist the claim for specific performance. (vide observations at page 451 of the above decision). section 27(b) of the specific relief act is only the statutory provision of the principles enunciated in the decisions in england to which reference has been made in this bench decision of the bombay high ..... if he subsequently alienates the property he can alienate it only subject to the rights created under the prior agreement of sale. s. 27 of the specific relief act is in these terms:--"27. except as otherwise provided by this chapter, specific performance of a contract may be enforced against-(a) either party thereto: (b .....
Tag this Judgment!Court : Chennai
Decided on : Jan-05-1967
Reported in : (1968)1MLJ139
..... covenant to pay. a decision of the allahabad high court in bisnan datt singh v. mathur prasad : air1939all260 , is referred to as authority. the learned subordinate judge states that counsel for the plaintiff during the arguments represented that he was not pressing his client's case under the personal covenant, as the plaintiff's claim under ..... exhibit a-2 dated 21st december, 1942, the principal amount was payable on or before 21st december, 1945. the plaintiff who under article 132 of the limitation act, 1908 had 12 years to bring the suit for sale from when the mortgage money became due, relied upon the acknowledgment of the mortgages under the registered sale ..... simple and a usufructuary mortgage and the mortgagee was entitled to a decree for the mortgage money under clause (a) of section 68 of the transfer of property act. clearly under the terms of the mortgage now under consideration the covenant to pay is more pronounced. there is not even an option as in the aforesaid case .....
Tag this Judgment!Court : Chennai
Decided on : Sep-27-1967
Reported in : (1969)2MLJ418
..... , the present civil revision petition is filed.2. sri r. rangachari for the petitioner contends that under the new act, a right of appeal is expressly provided to the co-operative tribunal, namely, the district judge, tiruchirappalli, in this case, against the award of the officer of the co-operative department and the award having ..... avail of the right of appeal, even though the original proceedings were initiated under the old act. according to him, section 121 (3) of the new act, is applicable and hence his appeal under section 96 of the new act to the district judge is competent. counsel for the respondent, however, stated that the appeal is incompetent as section ..... to have been provided for under section 51 (5) of the old act, but under the new act, co-operative tribunals are constituted by the government and the district judge of tiruchirappalli, in the instant case, is the co-operative tribunal under the act, to whom a right of appeal is expressly provided for against the orders .....
Tag this Judgment!Court : Chennai
Decided on : Sep-29-1967
Reported in : [1968]69ITR342(Mad)
..... of law. the test also may break, for what is complex to one judicial mind may be clear and obvious to another; it depends upon the equipment of a particular judge. in the ultimate analysis the said concept is comprised of many imponderables : it is not capable of precise definition, as no objective criterion can be laid down, the ..... of the supreme court brings home the well-laid formula for deduction of mistakes and for rectification of the same; namely, it depends upon the equipment of a particular judge to discover whether on a fair probe into the record, such a mistake does appear and if such mistake is so apparent in the record, it has to be ..... officer, alwaye v. asok textiles ltd. the following observation at page 735 makes the position clear :'the learned judges of the high court seem to have fallen into an error in equating the language and scope of section 35 of the act with that of order xlvii, rule i, civil procedure code. the language of the two is different because according to .....
Tag this Judgment!Court : Chennai
Decided on : Feb-02-1967
Reported in : (1969)1MLJ281
..... contravention, the director of enforcement shall hold an enquiry in the prescribed manner after giving that person a reasonable opportunity of being heard and if on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty as he thinks fit in accordance with the provisions of the said ..... (1957)illj472sc , (vi) public passenger service ltd. v. m. a. khadar : [1966]1scr683 , (vii) abdul shakoor v. r.c. & e. officer : air1959all440 , 452; where the learned judge has quoted the dicta of wilmot, c.j. in collins v. blantern 95 e.r. 847, to the effect. ' no polluted hand shall touch the pure fountains of justice.' (viii ..... matter has affected the orders of the director, or the orders themselves indicate a bias in consequence of such intrusion; (hi) whether the relevant sections of the act would justify the imposition of penalties upon a firm as a legal person; and (iv) whether the existence of alternative remedies, under the statute itself, would .....
Tag this Judgment!Court : Chennai
Decided on : Jan-18-1967
Reported in : (1967)2MLJ503
..... the attempt to murder and of murder the accused other than the appellants were charged with constructive liability by reason of section 149, indian penal code. the learned sessions judge, however, found that there was no unlawful assembly, and that, except for the first three accused who are the appellants here, the charges were rot proved as against ..... section 34 requires evidence of a particular common intention. in certain cases where section 149 is employed, it may well be that the common intention to commit a particular act in the course of the incident may not be established. but before section 34 can be used, such a common intention must necessarily be made out. that the ..... , in so far as the conviction is under section 34, we have to discover what the common intention was, for, if it should so happen that the act by one of the accused has exceeded that common intention or has been different from that common intention the other accused cannot possibly be made liable under section 34 .....
Tag this Judgment!Court : Chennai
Decided on : Jul-27-1967
Reported in : (1968)2MLJ463
..... issue was framed reading as under:whether this court has no jurisdiction and the suit is not maintainable as per the provisions of madras act xxvi of 1963.2. the learned subordinate judge held that the court had jurisdiction. sri r. kesava ayyangar appearing for the petitioners states that the order is wrong and that the ..... a patta it would take effect from the date of the notification. as pointed out by veeraswami and krishnaswami reddy, jj., in mustafa v. udayanchiammal : (1968)2mlj58 .. the issue of patta is in recognition of the title that inhered before the notified date and continued to inhere in the landholder thereafter to the private ..... statutory tribunals. rajamannar, c.j., and ganapatia pillai, j., in adakalathmmal v. chlnnayan panipundar : air1959mad447 , while considering section 56 (1), a similar provision in conversion into ryotwari act (xxvi of 1948), held, approving the ratio in soosai udayar v. andiyappan (1959) 1 m.l.j. 195 : , agreed that (at page 317):if the relief .....
Tag this Judgment!Court : Chennai
Decided on : Jul-12-1967
Reported in : (1969)1MLJ173
..... properties as well as outstandings belonging to kannammal and that the defendants would be entitled to enjoy the properties without any objection whatsoever and with all rights. the learned judges held that the effect of the deed was to operate as a transfer of whatever rights the plaintiff had to the defendants. in t. mammo v. ramunni ..... 66 forbids only such a suit against a certified purchaser or those claiming under him. as a matter of fact, according to the finding of the learned subordinate judge, which is binding on me, ramasesha iyer's heirs acknowledged the fact that the purchase was benami on behalf of chengalvaraya iyer. there is nothing in section ..... a bar. the learned judges relied on the privy council decision in mst. buhuns kowar v. behoree lall (1870) 14 m.i.a. 496, and observed:it is obvious, therefore, that when after obtaining certificate of sale, the purchaser acknowledges that his purchase is benami and gives up possession, or does some act which unequivocally indicates an .....
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