Court : Chennai
Decided on : Sep-21-1967
Reported in : (1968)1MLJ289
..... in its own good time the question relating to the forum of trial as well as of appeal under the indian divorce act is an urgent matter. there is no need to waste the time of the judges of the high court over matters which relate to the christian community which are no more important than similar matters relating to ..... appeal in civil cases apply. it is unnecessary and wholly incongruous that the causes under the indian divorce act, should be heard by a high court judge, in the city and decrees passed by district judges should be confirmed by a bench of three judges of the high court. it is necessary and it would be advisable, to bring the provisions of ..... the indian divorce act, in regard to divorce and judicial separation, in line with the provisions of the other three acts already mentioned. while that is a .....
Tag this Judgment!Court : Chennai
Decided on : Apr-27-1967
Reported in : (1968)2MLJ164
..... the court had no further jurisdiction in the matter to extend the time and grant a further final decree.4. the learned subordinate judge examined the provisions of the code and the old court-fees act and having regard to the decisions placed before him granted a final decree for the amount claimed against the state, directing the ..... plaintiff to pay the necessary court-fee on the amount decreed before executing the decree. the learned subordinate judge took the view that in view of the ..... revived, when the plaintiff could secure the necessary court-fee. as stated earlier the order was not called for then. but i cannot say that the learned subordinate judge intended to pass a final order debarring the plaintiff thereafter from claiming the mesne profits, which had rightfully been found to be due to him. the summary manner .....
Tag this Judgment!Court : Chennai
Decided on : Jul-07-1967
Reported in : (1968)2MLJ383
..... officials to ensure the bona fides of the receipts subsequently produced by the contractor engaged in transporting them. an assurance was given before the learned judge by the additional government pleader, that the department would take steps to issue permits without unnecessary dealy in future. learned counsel appearing for the petitioner ..... therefore they were heard together. the petitioners in these writ petitions seek for relief against the operation of the madras preservation of private forests act, 1949 (madras act (xxvii of 1949), which has been extended to certain well-known jagirs on the kalriyan hills, known as jadaya goundar jagir and kurumba goundar ..... prevention involves an interference with the customary rights of the petitioner as well as the inhabitants of the hills. the very purpose for which the act was passed, includes the preservation of customary and prescriptive rights in private forests, besides the prevention of indiscriminate destruction of private forests. it is .....
Tag this Judgment!Court : Chennai
Decided on : Nov-03-1967
Reported in : AIR1969Mad155; (1969)ILLJ586Mad
..... another ground also. it was observed therein that the very pumping and storage of water in the establishment amounted by itself to a manufacturing process as defined hi the act. the learned judge followed for the proposition the decision of ramachandra iyer, j., (as he then was) in moosa kazimi v. k. m. sheriff, : (1959)iillj344mad . ..... source. there was a well within the premises which was not worked by electric power. the question arose whether the establishment was a factory under the act. the learned judge veeraswami, j., in rejecting the contention that the tannery is a factory, remarked:'it may be assumed that cleaning is a manufacturing process. but that ..... issue of a writ of certiorari or any other appropriate writ quashing the impugned order. as differing views have been expressed by learned single judge of this court in the application of the act to tanneries utilising water similarly obtained, w. p. no. 1166 of 1962 which in the first instance came up for hearing before srinivasan .....
Tag this Judgment!Court : Chennai
Decided on : Aug-24-1967
Reported in : (1968)2MLJ639
..... the properties under the earlier will. the decree of the trial court accepting the plaintiffs' claim and giving them possession, was confirmed on appeal by the learned subordinate judge, dindigul, and has been affirmed in second appeal in this court. the plaintiffs have been awarded future mesne profits to be determined under order 20, rule 12, ..... palani pillai v. ibrahim rowther : air1942mad622 , chenbasavana gowd v. mahabaleswarappa : [1955]1scr131 , ameer bibi v. chinnammal (1967) 1 m.l.j. 461 : i.l.r. (1968) mad. 533.21. it may be that the evidence recorded in this case when examined, would satisfy the test of ouster necessary to bar a co-tenant out of possession ..... for the statutory period. exclusive possession by one co-tenant being consistent with the subsistence of the tenancy-in-common, to be adverse there must be outward acts of exclusive ownership or possession hostile to the tenauts-in-common. while the ultimate finding whether there is ouster or not is a matter for inference from .....
Tag this Judgment!Court : Chennai
Decided on : Mar-29-1967
Reported in : (1968)1MLJ153
..... m.l.j. 516 : i.l.r. (1939) mad. 81, was distinguished as not having decided the question whether the trustee had not acted for any other reasons stated in sub-clause (1) of section 43. the learned judges observed:it is true that a civil court is not a court of appeal; but it is open to a civil court to ..... of the board could not be regarded as final. section 43 there corresponded to section 49 now under consideration. the learned judges observed:we must, however, make it clear that it is only in cases where the trustee has actually acted for the reasons given in sub-clause (1) of section 43 and enumerated in the last paragraph that the provisions ..... the legislature has taken the precaution of safeguarding the citizen's right by providing for adequate alternative remedies. after referring to the provision in the act which enables the matter to be heard by a bench of not less than two judges in the high court, it is stated that in the light of the elaborate alternative remedies provided in the .....
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 : 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 : Dec-04-1967
Reported in : (1968)2MLJ318
..... the writ petition was dismissed, cannot be sustained by us. but, before the labour court, there was another ground mooted though it was not dealt with by the learned judge. in referring to this ground, we might briefly cite the observations of their lordships of the supreme court in lord krishna textile mills v. its workmen : (1961)illj211sc ..... employee (respondent) prior to the filing of the application, which was not accepted. in view of the vagueness, on this aspect, in the judgment of the learned judge, we think that it would be desirable to refer to the actual record. on 25th july, 1961 the management filed its first application before the labour court under section ..... and there was no denial or counter statement.8. under these circumstances, we are afraid that the learned judge (veeraswami, j) was under a misapprehension when he thought that there was non-compliance with section 33 (2) (b) of the act, on the part of the employer. as regards the offer of one month's wages to the employee .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1967
Reported in : 1968CriLJ1378; (1968)1MLJ274
..... been procured by the respective societies from their grower members and had been exported by them.3. on these facts 12 persons were tried by the learned additional sessions judge, coimbatore. the first accused was the manager of the coimbatore central co-operative stores; accused 2 was the secretary of the coimbatore central co-operative stores; accused ..... consideration are said to have been committed, would not make any difference and the accused would still be punishable. that is the effect of the decision in air 1968 so 1470 which approved of the view of the bombay high court in the decision in state v. abdul aziz air 1962 bom 248, in preference to the ..... also be subject to such conditions as may be imposed by the state governments or any of the officers under their control. neither the imports and exports (control) act, 1947 nor the exports (control) order, 1962, enables the state governments or any of the officers under their control to impose any restrictions. restrictions of the kind .....
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