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 : Dec-14-1967
Reported in : (1977)2MLJ191
..... been shown to deprive an individual employee of his right to pursue the appeal which he had preferred long before the reference to the tribunal under the central act was made. the learned judge was of the view that it would perhaps be a different matter if the employee had taken his case before the tribunal to which an industrial dispute had ..... enacted. therefore, the object of the legislation is for investigation and settlement of industrial disputes. the act constituted under chapter ii the authorities under the act, namely, works committee, conciliation officers, boards of conciliation, courts of inquiry, labour courts, tribunals, national tribunals etc. chapter iii of the act provided for references of disputes by the government to boards, courts or tribunals. provision is also .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-1967
Reported in : (1970)1MLJ300
..... the argument that where the scheme was framed not by the transport department, but by the government itself, this was contrary to section 68-c of the act.. the learned judge held, after an analysis of articles 154, 162 and 166 of the constitution, that state road transport was a matter falling within the executive power of ..... therefore, feel that no apology is needed for setting forth these passages verbatim here.the effect of the said provisions, insofar as they are relevant to the present inquiry, may be stated thus : the state transport undertaking is an undertaking providing road transport service which is carried on by the state or any other corporation or authority ..... undertaking must necessarily be that of the state government which runs the undertaking. the anomaly of the state government being the proposer of the scheme and the judge of its validity, it has been noticed by the supreme court in several cases, could be avoided in practice by suitable provisions in the exercise of the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-10-1967
Reported in : AIR1968Mad366; (1968)2MLJ220
..... remote to fasten any liability on the defendants'. this conclusion would appear to be unwarranted. but the new trial bench had some justification for pointing out that the learned trial judge relied on ex. p-1, a true copy of the fire report recorded by the madras fire service, which piece of evidence had not been properly proved.(3) ..... , and he approbates the dictum that 'a man shall answer to his neighbour for each person who enters his house at his leave or knowledge.......if he does any act................whereby his neighbour's house is burnt'.(4) in other words, there is a liability on the part of a proprietor of property,, for damage caused to the property ..... , or guest'.(5) with regard to the conclusion of the new trial bench that the negligence is too remote i am indeed unable to gather what precisely the learned judges implied by this. the properties are adjacent, the thatched shed was built at some height over the parapet wall on open terrace, which might thus amount to a private .....
Tag this Judgment!Court : Chennai
Decided on : Nov-03-1967
Reported in : AIR1969Mad155; (1969)ILLJ586Mad
..... another ground also. it was observed therein that the very pumping and storage of water in the establishment amounted by itself to a manufacturing process as defined hi the act. the learned judge followed for the proposition the decision of ramachandra iyer, j., (as he then was) in moosa kazimi v. k. m. sheriff, : (1959)iillj344mad . ..... source. there was a well within the premises which was not worked by electric power. the question arose whether the establishment was a factory under the act. the learned judge veeraswami, j., in rejecting the contention that the tannery is a factory, remarked:'it may be assumed that cleaning is a manufacturing process. but that ..... issue of a writ of certiorari or any other appropriate writ quashing the impugned order. as differing views have been expressed by learned single judge of this court in the application of the act to tanneries utilising water similarly obtained, w. p. no. 1166 of 1962 which in the first instance came up for hearing before srinivasan .....
Tag this Judgment!Court : Chennai
Decided on : Oct-04-1967
Reported in : AIR1968Mad436
..... , the liability to make good the damage or loss shall be proportionate to the degree to which each person was at fault. the said decision of a single judge of the punjab high court proceeds on the authority of land v. london transport executive, 1959 3 all er 609 as justifying the apportioning of liability among tort- ..... follows:'on receipt of an application for compensation made under s. 110a the claims tribunal shall, after giving the parties an opportunity of being heard hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom ..... tribunal in respect of the claim for compensation shall be granted by the civil court.'thus the above provision contained in ss. 110(1) and 110f of the act taken together clearly show that the claims tribunal wherever constituted has exclusive jurisdiction to entertain any question regarding any claim for compensation which may be adjudicated upon by .....
Tag this Judgment!Court : Chennai
Decided on : Oct-04-1967
Reported in : (1969)1MLJ49
..... the liability to make good the damage or loss shall be proportionate to the degree to which each person was at fault. the said decision of a single judge of the punjab high court proceeds on the authority of lang v. london transport executive 6 as justifying the apportioning of liability among tort-feasors. but it ..... tort-feasors to independent tort feasors causing the same damage. in nawal kishore v. rameshwar : air1955all594 , it has been. pointed out that the courts in india act on the principle of equity, justice and good conscience in matters which are not covered by statute and rely upon the principles established under the english law to ..... respect of the claim for compensation shall be granted by the civil court.thus the above provisions contained in sections 110 (1) and 110-f of the act taken together clearly show that the claims tribunal wherever constituted has exclusive jurisdiction to entertain any question regarding any claim for compensation which may be adjudicated upon by .....
Tag this Judgment!Court : Chennai
Decided on : Sep-29-1967
Reported in : [1968]69ITR342(Mad)
..... of law. the test also may break, for what is complex to one judicial mind may be clear and obvious to another; it depends upon the equipment of a particular judge. in the ultimate analysis the said concept is comprised of many imponderables : it is not capable of precise definition, as no objective criterion can be laid down, the ..... of the supreme court brings home the well-laid formula for deduction of mistakes and for rectification of the same; namely, it depends upon the equipment of a particular judge to discover whether on a fair probe into the record, such a mistake does appear and if such mistake is so apparent in the record, it has to be ..... officer, alwaye v. asok textiles ltd. the following observation at page 735 makes the position clear :'the learned judges of the high court seem to have fallen into an error in equating the language and scope of section 35 of the act with that of order xlvii, rule i, civil procedure code. the language of the two is different because according to .....
Tag this Judgment!Court : Chennai
Decided on : Sep-27-1967
Reported in : (1969)2MLJ418
..... , the present civil revision petition is filed.2. sri r. rangachari for the petitioner contends that under the new act, a right of appeal is expressly provided to the co-operative tribunal, namely, the district judge, tiruchirappalli, in this case, against the award of the officer of the co-operative department and the award having ..... avail of the right of appeal, even though the original proceedings were initiated under the old act. according to him, section 121 (3) of the new act, is applicable and hence his appeal under section 96 of the new act to the district judge is competent. counsel for the respondent, however, stated that the appeal is incompetent as section ..... to have been provided for under section 51 (5) of the old act, but under the new act, co-operative tribunals are constituted by the government and the district judge of tiruchirappalli, in the instant case, is the co-operative tribunal under the act, to whom a right of appeal is expressly provided for against the orders .....
Tag this Judgment!Court : Chennai
Decided on : Sep-21-1967
Reported in : (1968)1MLJ289
..... in its own good time the question relating to the forum of trial as well as of appeal under the indian divorce act is an urgent matter. there is no need to waste the time of the judges of the high court over matters which relate to the christian community which are no more important than similar matters relating to ..... appeal in civil cases apply. it is unnecessary and wholly incongruous that the causes under the indian divorce act, should be heard by a high court judge, in the city and decrees passed by district judges should be confirmed by a bench of three judges of the high court. it is necessary and it would be advisable, to bring the provisions of ..... the indian divorce act, in regard to divorce and judicial separation, in line with the provisions of the other three acts already mentioned. while that is a .....
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