Court : Chennai
Decided on : Jan-21-1960
Reported in : AIR1961Mad59; (1960)1MLJ90
..... is directed against the judgment of the learned chief judge of the court of small causes, madras, in l. c. no. 22 of 1954, which was a claim by express newspapers ltd,, against the government represented by the collector ol madras under section 48(2) of the land acquisition act. the claim was rejected by the court below except ..... even prior to the section 4(1) notification, and that there was no credible evidence to substantiate the alleged loss of revenue. upon item (2) the learned judge held that the intended acquisition could not possibly have interfered with the construction for which the temporary building was substituted, and that the claim was unacceptable. with regard to ..... liberal ccmpensation to the owner, and that, if he is not satisfied with the collector's offer, he should have the same rights of reference to the judge as in case of acquisition."we shall refer, in due course to the very elaborate arguments of learned counsel in explanation of this core of his thesis, illustrated .....
Tag this Judgment!Court : Chennai
Decided on : Feb-16-1960
Reported in : AIR1961Mad32; (1960)2MLJ157
..... is true that the inherent power of courts can always be invoked to furthsr the ends of justice, with due deference to the learned judge there are certainly limits to such power. to further the ends of justice we cannot grant a decree on a promissory note which has become ..... consent decree only an estate for life. the question no doubt depends upon the construction of section 14(2) of the act.but so far as we are aware, there is no provision in the code of civil procedure or anywhere else which warrants an application as ..... the case of the respondent that he-cause of the passing of the hindu succession act, 1956 that decree has become void. all that she says is that by reason of the provisions of that act she has become entitled absolutely to the property in which she had under the ..... 1. this appeal,must be allowed not on the merits but on the ground that the learned judge had no jurisdiction to grant a declaration such as that which he granted to the respondent on an application .....
Tag this Judgment!Court : Chennai
Decided on : Feb-18-1960
Reported in : AIR1961Mad208; (1960)2MLJ202
..... 2) etc. however, the receipt does not appear to have been properly proved, and the learned judge felt some difficulty in accepting and acting upon it. but, for purposes of the present argument, i shall assume that the car was actually sold on that dale, and that defendant 2 became ..... vesting in defendant 1 alone on the date o! the accident.3. learned counsel far the company, sri r. gopalaswaini aiyangar, argues that this conclusion of the learned judge is opposed to certain facts of the documentary record, such as the receipt dated 8-1-1951 (ex. b-4, issued by sukumar productions to n. ramakrishna (defendant ..... and negligent, and that it recited in the death of the son of the plaintiffs, aged about 13, entitling the plaintiffs to claim for heavy damages. the learned judge came to the conclusion that, for want of sufficient evidence, he could not hold that the sale was established. he therefore held that the facts amounted to the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-04-1960
Reported in : AIR1961Mad285; [1961(2)FLR94]; (1960)IILLJ430Mad; (1960)IILLJ430Mad
..... for the purpose of showing the purported sale of business to the limited company.in view of the fact that we propose to remit the matter for further inquiry before the industrial tribunal it may not be proper for us to express any opinion on the probative value of the various pieces of evidence placed before ..... the rights of the workers. we are unable to accept this as a correct statement of the law irrespective of the other facts found by the learned judge. the learned judge himself expressed his opinion in one place that if the concern had been closed and the employer and employee relationship had been determined, other relevant factors would ..... conciliation officer reported about his failure to bring about conciliation. thereupon the government of madras in exercise of their powers under section 10(1)(c) of the industrial disputes act, xiv of 1947, referred the dispute on 7-7-1953 to the industrial tribunal, madras, for adjudication. in the order of reference the dispute was described thus .....
Tag this Judgment!Court : Chennai
Decided on : Mar-08-1960
Reported in : AIR1961Mad79; [1960]40ITR118(Mad); (1960)2MLJ282
..... where no such agreement can be reached, the central government shall appoint as arbitrator a person qualified under sub-section (3) of section 220 of the above mentioned act for appointment as a judge of a high court...... (c) the arbitrator in making his award shall have regard to --(i) the provisions of sub-section (1) of section 23 of ..... dispute as to the amount of compensation payable, the matter was referred for adjudication by an arbitrator under section 19(1)(b) of the defence of india act, 1939. the arbitrator (the district judge of north arcot) made an award, holding that the assessee should be paid a sum of rs. 63,249-12-0 as compensation. there was an ..... the land acquisition act, 1894, so far as the same can be made applicable; and (ii) whether the acquisition is of a permanent or temporary character.' 5. under section .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-1960
Reported in : AIR1960Mad394; (1960)2MLJ89
..... no. 1289 of 1959 in o. p. no. 67 of 1953 on the file of the learned district judge of coimbatore, the present appellant (the property guardian of a minor sought, under s. 29 of the guardians and wards act (viii of 1890), for permission to sell 55 standard acres of lands belonging to the minor. the legal ..... proceedings, were actually engaged in reducing the sizes of their estates by sales, in conformity with the anticipated law.(4) in a brief order, the learned district judge dismissed this application. he gave two grounds therefor. the first was that 'nothing definite is known about the anticipated legislation.' the second was that the avowed object ..... a proposal.' the petition was dismissed with these observations.(5) i think that very little discussion is needed to show that the reasoning of the learned district judge is fallacious and that both grounds given by him for refusal of the permission are unsustainable. firstly, it appears to be indisputable that this legislation is impending .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-1960
Reported in : (1960)2MLJ205
..... be compelled to hold an inquiry. if it decides that an inquiry is not necessary, the applicants can carry the matter no further; so much is conceded by the learned advocate for the appellant.4. again at page ..... upon this basis, and the question is whether the suit is maintainable; and whether the civil court can frame any scheme.3. the learned assistant city civil judge came to the conclusion that the court had no jurisdiction to frame a scheme, mainly placing reliance upon the bench decision of this court in pichu ayyangar v. ..... ramanuja jeer swamigal : air1940mad756 . in that decision, the question whether the civil courts have jurisdiction to frame a scheme after the passing of the madras hindu religious endowments act, 1927, was dealt with and answered in the negative. the following passages in the judgment of leach, c.j., are of significance (at page 885):the board cannot .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1960
Reported in : AIR1961Mad190; (1960)2MLJ355
..... the case of the 1st defendant in respect of the transaction, of course, pleaded that he was a bona fide purchaser for value. 6. the learned subordinate judge of vellore found that the impugned transactions were vitiated by undue influence and fraud, that the second defendant the alienee was not a bona fide purchaser for value ..... donor. 23. mr. k. krishnaswamy ayyangar, learned counsel for the appellant, contended that the facts proved in the case are sufficient to show that the plaintiff acted voluntarily without pressure of any kind and imbued with the laudable motive of providing for his mother who did not get enough under the partition to sustain herself. ..... on the ground that he is a bona fide transferee for value, without notice of the circumstances affecting the impugned transaction. 20. section 16 of the indian contract act defines undue influence' in the following way: '(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are .....
Tag this Judgment!Court : Chennai
Decided on : Mar-24-1960
Reported in : AIR1961Mad64; (1960)1MLJ243
..... position in regard to the two sets of claims, the learned judge proceeded to assume what, in his opinion, must have been the basis of the claim and held that in the suit which was kid against both the railway ..... was that the claim against the railway could not properly be joined in the same suit with the claim 'against the insurance company. the learned assistant city civil judge found that the plaint did not specify how the plaintiff was entitled to a decree against the 4th defendant as well.instead of directing the plaintiff to clarify the ..... the civil procedure code, 1908, which took its place is even wider in that the joinder could be in respect of the same act or transaction and not necessarily within the term 'matter'.5. the order of the learned judge suffers froma more vital infirmity as well. the contract of insurance had not been produced before him and hewas not justified .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1960
Reported in : 1960CriLJ1340
..... p 7. this dying declaration was later excluded from the scope of the evidence by the learned sessions judge, as the accused survived and the statement was clearly inadmissible, in consequence, under, section 82 of the evidence act. the learned judge observed that it was not a statement recorded under section 164 cr, p. c, for the formalities ..... magistrate recorded it in the manner prescribed by s, 164 even before the investigation had begun.the sessions judge rejected the contention holding that the magistrate was entitled under section 190 (1) (c) of cr.pc, to record and act on the information furnished by the accused himself. his view was that an investigation by the police was ..... precedent x if the initiation of proceedings against the accused. it is was held by this court that assuming that the magistrate was duly empowered to act under section 190 (1) (e), the sessions judge's view was correct. apart from that, confessions, like other admissions, are relevant evidence under the evidence .....
Tag this Judgment!