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-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-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-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 : 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 : 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 : 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 : May-03-1960
Reported in : (1960)2MLJ516
..... interference was well within the subject-matter of appeal, the relief granted being less than what the grounds of appeal justified. dealing with section 33(4) the learned judges observed at page 856:the expression 'thereon' has come in for considerable judicial comment and observation, and the authorities lay down that the power of the tribunal is ..... receivable are indeterminate or unknown, the tax shall be levied recoverable at the maximum rate, but, where such persons have no other personal income chargeable under this act and none of them is an artificial juridical person, as if such income, profits or gains or such part thereof were the total income of an association of ..... as it would be leviable upon and recoverable from the person on whose behalf such income, profits or gains are receivable, and all the provisions of this act shall apply accordingly:provided that where any such income, profits or gains or any part thereof are not specifically receivable on behalf of any one person, or .....
Tag this Judgment!Court : Chennai
Decided on : May-03-1960
Reported in : [1960]40ITR377(Mad)
..... reduce, enhance or annul the assessment, or(b) set aside the assessment the direct the income-tax officer to make a fresh assessment after making such further inquiry as the income-tax officer think fit or the appellate assistant commissioner may direct, and the income-tax officer shall thereupon proceed to make such fresh assessment ..... well within the subject-matter of appeal, the relief granted being less than what the grounds of appeal justified. dealing with section 33(4), the learned judges observed at page 856 :'the expression thereon has come in for considerable judicial comment and observation, and the authorities lay down that the power of the ..... section 41, omitting the words which are not necessary for the present purpose, runs thus :'in the case of income, profits or gains chargeable under this act which............... any receiver.............. appointed by or under any order of a court.................. are entitled to receive on behalf of nay person, the tax shall be levied .....
Tag this Judgment!Court : Chennai
Decided on : Apr-22-1960
Reported in : AIR1961Mad114
..... was the second defendant. having regard to the reliefs claimed by the plaintiff and the decree granted by the learned trial judge, it becomes irrelevant whether the remedies under sections 6 and 7 of the copyright act are cumulative, or alternative remedies. the house of lords in caxton publishing co v. sutherland publishing co, 1939 a.c ..... plea of the appellant was based on the provisions of section 8 of the copyright act. though this section was expressly mentioned in the written statement, the learned judge, balakrishna aiyar j. found that a plea under section 8 of the copyright act was not specifically taken in the written statement. he pointed out that even no ..... specific issue was taken on the plea. the learned judge, however, was prepared to hold that the plea, .....
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