Court : Chennai
Decided on : Dec-01-1960
Reported in : (1962)1MLJ161
..... expose those responsible to proceedings under the penal law. the learned sessions judge also ignored or overlooked the definition of hurt under section 321, indian penal code, and the specific explanation to section 322, indian penal code, which defines ..... the head and caused the fracture which led to his immediate death.7. in convicting the appellant under section 325, indian penal code, the learned sessions judge has overlooked the explicit terms of section 80, indian penal code, which was enacted precisely to cover contingencies of this character, which however regrettable, do not ..... since the appellant clearly never intended to cause hurt, and could not be credited with any knowledge that hurt or grievous hurt would be caused by his act, and the fracture was due to a sheer accident, the appellant cannot be convicted under the penal law.8. accordingly, i allow the appeal and acquit .....
Tag this Judgment!Court : Chennai
Decided on : Nov-30-1960
Reported in : AIR1961Mad486; [1961(3)FLR35]; (1961)ILLJ615Mad; (1961)2MLJ273
..... in i. m. lall's case, 75 ind app 225 : (air 1948 pc 121), without a consideration of the provisions of the civil procedure code relevant to the inquiry and without a consideration of the reasoning of the federal court in tarachand pandit's case, air 1947 fc 23, cannot be treated, particularly because the matter ..... illegal order of dismissal contravening the provisions of the constitution. we are therefore of opinion that the suit claim is well founded and that the learned subordinate judge was right in granting a decree in favour of the plaintiff as prayed for.29. learned counsel for the appellant contended that the order of reinstatement ..... to contractual rights; rodwell v. thomas, 1944 kb596. no remedy exists where an officer appointed under statutory, authority loses his office through its premature termination by act of parliament without compensation, since the agreement has become impossible of performance; reilly v. r, 1934 ac 176. members of the armed forces cannot sue for arrears .....
Tag this Judgment!Court : Chennai
Decided on : Nov-24-1960
Reported in : AIR1961Mad310; (1961)ILLJ283Mad
..... decision in wakefield estate v. peruma, 1959-1 mad lj 213, of balakrishna aiyar j. wherein the learned judge held that having regard to the definition of the term "employee" under section 2(i) of the minimum wages act, past employees would not be entitled to obtain the benefit of the summary remedy provided by section 20 of ..... the terms of that section.6. the interpretation of section 20 which commended itself to the learned judge will have the effect of excluding a large class of employees from the remedy provided by that section. section 3 of the act empowers the appropriate government to fix the minimum rate of wages in regard to employments specified in ..... the minimum wages act. this view of the learned judge was mainly based on the circumstances that section 2(i) while defining the term "employee .....
Tag this Judgment!Court : Chennai
Decided on : Nov-10-1960
Reported in : AIR1961Mad398; (1961)1MLJ348
..... disclaims any complicity of its servants, or any responsibility springing from neglect of its duties as bailee in respect of these goods.3. the learned first assistant judge of the city civil court tried this action on the merits, after framing the relevant issues. he came to the conclusion that the goods were lost by ..... precautions had been taken.in surat cotton spinning and weaving mills ltd. v. secy. of state a presumption under section 114, illustration g of the evidence act was drawn, because certain vital evidence had been suppressed by the railway administration. this pointed to a complicity in the theft by some members of the railway administration ..... nor with the further statutory modifications of that liability. the present liability is primarily that of a bailee upon the standards specified in section 151 of the contract act. following the principles expounded in the leading case of coggs v. bernard, i sm. l. c. 175.i might here observe that the criterion in section .....
Tag this Judgment!Court : Chennai
Decided on : Nov-01-1960
Reported in : AIR1961Mad258; (1961)1MLJ198
..... of the suit venkatarama iyengar died and narayana iyengar and ramaswami iyengar were impleaded as his legal representatives.4. the learned subordinate judge who tried the suit held that section 6 (13) of madras act xix of 1951 would cover the feeding charity and accordingly he dismissed the suit with costs of the first defendant. this appeal ..... whether this endowment constituted religious charity within the meaning ot section 6(13) of the act. anantanarayanan j. delivering the judgment of the bench observed thus at page 494:'it is not now necessary to consider whether the learned subordinate judge was justified in his finding that the puja and neivedhyam had to be performed at ..... . p. no. 297 of 1947 on the file of the district court of tiruchirapalli under section 84(1) of the act for the cancellation of the order levying contribution.by order dated 11-3-1947 the learned district judge allowed the petition holding that the charity was not a 'specific endowment' within the meaning of madras .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-1960
Reported in : AIR1961Mad298; (1961)1MLJ140
..... married the 2nd defendant sometime in 1949. of course, his evidence is not clear as to whether the marriage took place before the madras act vi of 1949 or after. no doubt, the learned district judge has discussed the evidence and the probabilities of the case to fix the date of the marriage. but this was wholly unnecessary. so long ..... hindu widows' remarriage ace cannot be invoked, the marriage of the second defendant with the third defendant being a void marriage under madras act vi of 1949. in this view of the matter, the learned judge granted a mere decree for declaration in favour of the plaintiff that the alienation by the second defendant in favour of the first defendant ..... and that it was sprung as a surprise at the time when the appeal was heard by the learned district judge. there is no doubt some force in this contention of the learned counsel. if the applicability of madras act vi of 1949 raised in this case were to depend upon disputed questions of fact, i would have had no .....
Tag this Judgment!Court : Chennai
Decided on : Sep-14-1960
Reported in : AIR1961Mad230
..... confined only to killing of stray dogs without owners, and that therefore the municipal council was not liable. the learned district judge was also of opinion that section 375 of the municipalities act was a bar to the maintainability of the suit. the judgment and decree of the trial court were therefore set aside and ..... is whether the municipal council can justify its action by taking shelter under section 254 of the travancore district municipalities act, 1116. before discussing the question i must say that the learned district judge was totally wrong in holding that the municipality can authorise killing of dogs in public streets without even any statutory sanction ..... appeal which was a.s. no. 171 of 1957, on the file of the district court, tirunelveli. the learned district judge held that quite apart from section 254 of the district municipalities act, the municipality had the power to direct destruction of dogs straying in public streets. he further held that the employee of the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-14-1960
Reported in : (1962)1MLJ279
..... confined only to killing of stray dogs without owners, and that therefore the municipal council was not liable. the learned district judge was also of opinion that section 375 of the municipalities act was a bar to the maintainability of the suit. the judgment and decree of the trial court were therefore set aside and ..... is whether the municipal council can justify its action by taking shelter under section 254 of the travancore district municipalities act, 1116. before discussing this question i must say that the learned district judge was totally wrong in holding that the municipality can authorise killing of dogs in public streets without even any statutory sanction ..... appeal which was a.s. no. 171 of 1957 on the file of the district court of tirunelveli. the learned district judge held that quite apart from section 254 of the district municipalities act, the municipality had the power to direct destruction of dogs straying in public streets. he further held that the employee of .....
Tag this Judgment!Court : Chennai
Decided on : Sep-08-1960
Reported in : (1962)1MLJ116
..... on bits of property forming part of a muslim burial-ground. when they were sought to be evicted by the landlord-trustee they claimed the benefit of the act. the learned judge referred to the full bench decision already referred to and observed as follows:by reason of this explanation it is clear that section 9 was intended to apply ..... -tenant preferred an appeal, a.s. no. 104 of 1957 which was heard and disposed of by the learned additional judge, city civil court, madras. the learned additional judge held that the tenant was entitled to the benefits of the act and accordingly granted her the relief for purchasing the land from the trust in accordance with the provisions of the ..... cannot enforce a compulsory sale of the land under section 9 of the madras city tenants protection act and require the temple or mosque to deliver the land to him on a valuation to be made by the court.6. the learned judges took the view that the explanation to section 9 did not permit the tenant to compel the .....
Tag this Judgment!Court : Chennai
Decided on : Aug-22-1960
Reported in : AIR1961Mad92; 1961CriLJ382
..... case however contains certain errors (noticed in the order of reference) which justified the criticism that it is difficult to ascertain the precise reason which influenced the learned judges' to come to the conclusion they did. the judgment would appear as if the question arose in regard to the statements recorded under section 162, but it ..... ), held that the documents were not public documents, and that the accused would not be entitled to copies thereof. in the course of their judgment, the learned judges observed that, if the documents were held to be public documents, the accused should be held to have an interest therein which would entitle them to copies thereof ..... not be relevant, if the law enables a person to obtain copies of such statements even before the commencement of the inquiry or trial. it is claimed that sections 74 and 76 of the evidence act provide the statutory basis for the right of a person, against whom an information is given and is pending investigation, to .....
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