Court : Chennai
Decided on : Sep-26-1967
Reported in : (1968)2MLJ493
..... profit. wadsworth, j., held that a security bond pledging-the oil engine could not be deemed to be a transaction relating to immovable property. the learned judge approached the question in the following manner.:if a thing is imbedded in the earth or attached to what is so imbedded for the permanent beneficial enjoyment of ..... at the facts as a whole, feels on the matter.3. 'immovable property' is defined at least in three indian enactments the general clauses act, the registration act and the transfer of property act. the first two are not of much assistance, for they merely say that ' immovable property ' includes things attached to the earth, or permanently ..... the suit. the first respondent having defaulted in repayment of a loan obtained from the state, the second respondent, under the provisions of the land improvements loan act, the petter engine and pump-set, which the first respondent had purchased out of the funds provided by the loan, were attached in recovery proceedings under the .....
Tag this Judgment!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 : Aug-03-1967
Reported in : [1968]68ITR733(Mad)
..... had shown a particular amount in his income-tax return for a particular year. the respondent declined to answer this question, claiming privilege and the learned fourth assistant judge of the city civil court has upheld the claim of privilege.i am afraid that the order of the court below proceeds on a misconception, and that the ..... section 137 did not create an obligation, privilege or right. the learned counsel for the revision petitioner brings it to my notice that in the latest income-tax act, section 137 is altogether omitted.however that might be, the position in law is clear, and this question can be asked of the respondent with perfect validity. ..... view taken by the learned judge is not correct. privileges of parties to a proceeding generally are to be found in the indian evidence act (i of 1872), particularly such sections as section 22 which relates to communications during marriage, section 126 relating .....
Tag this Judgment!Court : Chennai
Decided on : Nov-08-1967
Reported in : (1968)2MLJ217
..... to be struck down as violating the fundamental rights guaranteed by article 19 (g) of the constitution. but it is clear from the judgment that the learned judge found, that the licence was refused in that case on irrelevant grounds and the order of refusal was, therefore, liable to be quashed. this decision has been ..... , is void as the grounds mentioned therein do not relate to ' public health, safety and convenience '. under section 321 (4) of the madras district municipalities act-every order of a municipal authority refusing, suspending, canceling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds ..... for the petitioner put forward two contentions before me. the first contention is that the provision contained in section 249 (3) of the madras district municipalities act that the executive authority may by an order and under such restrictions and regulations as he thinks fit grant or refuse to grant such licence infringes his fundamental .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1967
Reported in : [1968]68ITR856(Mad)
..... before the termination of the period fixed therein, he should pay the lessor a stated sum by way of liquidated damages for the discontinuance. dealing with the question, the learned judges referred to hari kailash & company v. commissioner of income-tax and stated :'thus, damages paid under contract are divided by the learned chief justice into two classes, one received ..... veeraswami j. - the main question we are called upon to decide on this reference under section 66(1) of the income-tax act, 1922 turns on the character of the receipt of $ 8,540 as damages during the assessment year 1960-61 for breach of a mining contract. actually there are two questions ..... because the source ceases, so does the tax. once it is established that the royalties are income within the meaning of the act, it is not material that the mines are in course of being exhausted unless there is provided in the act that there should be a deduction form the income on that particular ground. but there is under the indian .....
Tag this Judgment!Court : Chennai
Decided on : Dec-21-1967
Reported in : (1968)2MLJ112
..... 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 ..... commissioner 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 ..... no such law can be made under the guise of entry 54, list ii, of the seventh schedule.the learned judge thereafter held that sub-section (4) of section 41 in so far as it provided for such a power was .....
Tag this Judgment!Court : Chennai
Decided on : Sep-19-1967
Reported in : (1968)2MLJ205
..... 2) on a consideration of the evidence, i think the letter exhibit p-1 was taken under coercion and undue influence....after making such irreconcilable observations, the learned judge dismissed the suit.8. it is not clear from the judgment of the trial court as to what is the clinching finding of fact which prompted him to ..... v. ghouse mohideen marakayar : (1917)32mlj213 , held as follows:a full bench of the small cause court sitting under section 38 of the presidency small cause courts act has no jurisdiction to decide questions of fact generally; nor has it jurisdiction to decide questions of fact, when those questions of fact first arise before it in consequence ..... but this general rule has some exceptions when considered in the light of the jurisdiction conferred upon them by status . under section 37 of the presidency small cause courts act, 1882, it is provided.save as otherwise provided by this chapter (chapter vi) or by any other enactment for the time being in force, every decree and .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1967
Reported in : (1968)2MLJ284
..... under consideration as the procedure indicated by the code is the same, and order 21, rule 103, civil procedure code, corresponds to order 21, rule 63, civil procedure code.11. two earlier single judge's decisions of this court, taking a contrary view, were not referred to, or discussed, in the full bench, decision. in pdaniappa v. rama-swami : air1937mad582 , ..... 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 ..... 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 : Sep-09-1967
Reported in : (1968)2MLJ307
..... has been convicted under section 16(1)(b) of the prevention of food adulteration act and sentenced to pay a fine of rs. 100, in default to undergo simple imprisonment for two months by the district magistrate, tiruchirapalli. on appeal, the sessions judge, tiruchirapalli confirmed the conviction and sentence. the following facts are not disputed before me ..... 3. it is contended by the learned counsel appearing for the petitioner that the conviction under section 16 (1) (b) of the prevention of food adulteration act cannot be sustained for the reason that there was nothing to show from the evidence of the food inspector that he either demanded sample from the petitioner or ..... generally, since a food inspector has got several powers to exercise. though the power of taking sample is also one of the powers conferred on him under the act, it is specially carved out from the other powers and specifically brought in clause (b) of section 16 (1). it is, therefore, necessary for the prosecution .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-1967
Reported in : (1968)1MLJ348
..... a reduction to a lower rank and that was not afforded an opportunity as required by article 311(2). summing up the case, the learned judges observed that the impugned order, though had the garb of an order of transfer from the secretariat service to the revenue department, visited the respondent ..... out-door films. accordingly, the government issued the above notification, in supersession of the notification already issued on 16th april, 1958, appointing the petitioner to act regularly as special officer with effect from 12 january, 1956, the date on which he was originally appointed as head of section, cinematography and sound engineering ..... appointment as maintenance engineer, films division, bombay. as the petitioner was in bombay the said sivathanu pillai was appointed, by the same government order, to act regularly as head of sound engineering section, central polytechnic, madras. subsequently the petitioner got himself relieved from the post of maintenance engineer, films division, and .....
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