Court : Chennai
Decided on : Aug-25-1967
Reported in : (1968)IILLJ299Mad
..... mysore v. shivabasappa : (1964)illj24sc (vide supra), observed that the minimum that is expected where witnesses are not examined from the very beginning at the inquiry in the presence of the person charged is that the person charged should be given a copy of the statements made by the witnesses which are to be ..... v. gangadhar : (1963)iillj371sc and in kardah & co. v. their workmen : (1963)iillj452sc (vide supra) were rendered with regard to the disputes under the industrial disputes act. in the case of domestic enquiry by an institution like the life insurance corporation of india, the decision of the supreme court in state of mysore v. shivabasappa : (1964 ..... used at the inquiry well in advance before the inquiry begins. in kardah & co. v. their workmen : (1963)iillj452sc (vide supra), the supreme court dealing with the case of workmen under the industrial disputes act expressed its opinion that it is desirable that al witnesses on whose .....
Tag this Judgment!Court : Chennai
Decided on : Apr-29-1967
Reported in : [1968]21STC283(Mad)
..... a case wherein the contractor undertook to fit the materials in the building without stipulating any special remuneration for carrying out that work. in those circumstances, the learned judges held in that case that the contract primarily was one in which sale of goods was involved and the elements of works contract were totally absent therein. it ..... sales tax appellate tribunal, is that these transactions primarily involved sale of materials and goods and therefore the turnover in question is assessable under the madras general sales tax act. reliance was placed on the decision of this court in udani engineering co. v. state of madras t.c. no. 55 of 1960. no doubt, in a ..... or implied to that effect, by itself does not tantamount to a sale within the meaning of section 2(h) and (i) of the madras general sales tax act, the two contracts in question have to be scrutinised under this perspective.7. we shall now take up the contract with the superintending engineer, basin bridge power station, .....
Tag this Judgment!Court : Chennai
Decided on : Dec-21-1967
Reported in : [1968]22STC260(Mad)
..... the reasoning adopted by the supreme court should be applied to the power of seizure and confiscation conferred under section 42 of the act. but there is a. sharp and clearly marked distinction between the two sections which can be illustrated if we take the circumstances of ..... tax in addition to penalty contained in the second proviso to section 41(4), was clearly repugnant to the general scheme of the act. since this second proviso and the power to seize and confiscate are not severable from the rest of sub-section (4), sub- ..... such law can be made under the guise of entry 54, list ii, of the seventh schedule.5. the learned judge thereafter held that sub-section (4) of section 41 in so far as it provided for such a power was not ..... of commercial taxes [1965] 16 s.t.c. 708 where the bench, dealing with section 41 of the madras general. sales tax act, held that section 41(4) providing for seizure and confiscation of goods was illegal and ultra vires. learned counsel urged that the provisions .....
Tag this Judgment!Court : Chennai
Decided on : Aug-09-1967
Reported in : (1968)1MLJ184
..... in pursuance of clause 6 of the scheme aforesaid. consequently, it is unnecessary to apply to the interpretation to section 45 of the act given by the learned judges in the two writ petitions stated above.5. what remains therefore is to examine whether the present appointment by the deputy commissioner is ..... temple, kambarajapuram, kancheepuram taluk v. the commissioner, hindu religious and charitable endowments (administration), madras w.p. no. 547 of 1962. what the learned judges have laid down in the above decisions, is that when the commissioner for hindu religious and charitable endowments department proceeds to appoint an executive officer under section ..... 45 of the madras hindu religious and charitable endowments act, 1959, he is competent to do so without any reference to the trustee and that it could not be contended that before such appointment of .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1967
Reported in : AIR1969Mad166
..... after an year of the summary order, would supersede the summary order.we are, therefore, unable to accept the principle of the calcutta decision following the decisions of single judges of this court, which are contrary to the full bench decision, which affirmed the earlier bench decision in : air1943mad36 . hence the fact that the plaintiffs had obtained ..... or of their own accord, assaulted the plaintiffs and trespassed into the suit houses, the second defendant is a minor. it is stated that the third defendant acted on behalf of the second defendant.thus even according to the averments in the plaint, it is defendants 2 and 3 who are in wrongful possession of the ..... properties from her husband. it is not stated in that decision that the statement is inadmissible in evidence. such statements are admissible under section 13 of the evidence act, though the value to be attached to the statement would depend upon the facts and circumstances of each case. but the statement in the gift deed was .....
Tag this Judgment!Court : Chennai
Decided on : Dec-01-1967
Reported in : AIR1969Mad248
..... -katasubba rao and madhavan nair, jj., observed--'although the appeal has taken the form of a civil miscellaneous appeal against an order of remand the subordinate judge is a final judge of fact and the only grounds available to the appellant to attack the judgment are those which would be available to him in second appeal.'though the ..... -holder is not decisive -- see state of madras v. sulaika beeviammal, : air1960mad81 . in dealing with pannai lands which became an estate by virtue of the 1936 amendment act, srinivasan, j., in ramachandra chet-tiar v. karuppiah, (1964) 77 mlw 32 , observed--'in so far as pannai lands are concerned, it is not necessary that the ..... s. amman kovil, : air1952mad323 (fb) and govindaswamy naidu v. tanjore palace devastanam : (1956)2mlj260 , even in the case of a whole mam village becoming an estate under act xviii of 1936 there can be private lands which are domain or home farm lands of the land-holder. the mere fact that the land-holder is an absolute land .....
Tag this Judgment!Court : Chennai
Decided on : Nov-03-1967
Reported in : AIR1969Mad33; 1969CriLJ206; (1967)IILLJ836Mad
..... as no effective action was taken by the police, the petitioner filed a suit o.s. no. 3890 of 1967, before the first assistant city civil judge, madras, for an injunction (a) restraining the striking workmen from obstructing the petitioner's lawful discharge of duties and preventing its loyal workers from carrying on their ..... annoy, insult, intimidate and commit offences, of course, to achieve their ultimate object of bringing pressure on the petitioner to concede to their demands. every act done by them was intended, bringing them within the mischief of section 441 indian penal code. these striking workmen had committed criminal trespass by unlawfully remaining ..... striking workmen. the second respondent further stated that he was visiting the factory periodically and found that the workmen had not resorted to any violence or acts of intimidation. according to the second respondent, the striking workmen had not committed any cognizable offence to warrant the interference by them. they had not .....
Tag this Judgment!Court : Chennai
Decided on : Apr-21-1967
Reported in : (1967)2MLJ607
..... be final. the supreme court in the above report in paragraph 20 has clearly laid it down:this provision vests the jurisdiction to determine the question about the judge's age exclusively in the president, and so it follows that in the presence of this provision, no court can claim jurisdiction to deal with the said question ..... mehta was a member of the madras legislative council having been elected in april, 1962 from the madras district local authorities constituency. his term would continue till april, 1968. in the meanwhile on a petition filed by a creditor he was adjudicated as insolvent on 26th april, 1966. he filed an appeal on 29th april, 1966 against ..... member shall be final. the second question deals with the scope of article 192(2) of the constitution which states that in giving his decision, the governor shall act according to the opinion of the election commission. our attention has been drawn to the decision of the supreme court in jyoti prokash v. chief justice calcutta : [ .....
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 : Aug-03-1967
Reported in : (1968)1MLJ146
..... acceptance of amarchand's nomination paper. the election petition was dismissed. seewalal filed on appeal which came up before the madhya pradesh high court, the learned judges, following the supreme court decision in vashist narain sharma v. dev chandra : [1955]1scr509 , observed that the burden lay on seewalal to establish that ..... for the election petitioner to prove that the improper reception of the nomination of karuppan chetti and his want of qualification under section 22 of the act materially affected the election of the other two returned candidates veera govinder and kandaswami. the rule contemplates that the petitioner should have the election of ..... 702. ramaswami gounder filed an election petition before the principal-district munsif, salem, who was the election court constituted by the rules framed under the madras panchayat act (xxxv of 1958) by notification no. 10. the election was challenged on the ground that karuppan chetti's name had been, deleted in 1963 itself from .....
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