Court : Chennai
Decided on : Aug-30-1967
Reported in : 1968CriLJ1378; (1968)1MLJ274
..... been procured by the respective societies from their grower members and had been exported by them.3. on these facts 12 persons were tried by the learned additional sessions judge, coimbatore. the first accused was the manager of the coimbatore central co-operative stores; accused 2 was the secretary of the coimbatore central co-operative stores; accused ..... consideration are said to have been committed, would not make any difference and the accused would still be punishable. that is the effect of the decision in air 1968 so 1470 which approved of the view of the bombay high court in the decision in state v. abdul aziz air 1962 bom 248, in preference to the ..... also be subject to such conditions as may be imposed by the state governments or any of the officers under their control. neither the imports and exports (control) act, 1947 nor the exports (control) order, 1962, enables the state governments or any of the officers under their control to impose any restrictions. restrictions of the kind .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1967
Reported in : AIR1969Mad166
..... after an year of the summary order, would supersede the summary order.we are, therefore, unable to accept the principle of the calcutta decision following the decisions of single judges of this court, which are contrary to the full bench decision, which affirmed the earlier bench decision in : air1943mad36 . hence the fact that the plaintiffs had obtained ..... 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 ..... properties 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 : 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 : 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 .....
Tag this Judgment!Court : Chennai
Decided on : Aug-25-1967
Reported in : (1968)IILLJ299Mad
..... mysore v. shivabasappa : (1964)illj24sc (vide supra), observed that the minimum that is expected where witnesses are not examined from the very beginning at the inquiry in the presence of the person charged is that the person charged should be given a copy of the statements made by the witnesses which are to be ..... v. gangadhar : (1963)iillj371sc and in kardah & co. v. their workmen : (1963)iillj452sc (vide supra) were rendered with regard to the disputes under the industrial disputes act. in the case of domestic enquiry by an institution like the life insurance corporation of india, the decision of the supreme court in state of mysore v. shivabasappa : (1964 ..... used at the inquiry well in advance before the inquiry begins. in kardah & co. v. their workmen : (1963)iillj452sc (vide supra), the supreme court dealing with the case of workmen under the industrial disputes act expressed its opinion that it is desirable that al witnesses on whose .....
Tag this Judgment!Court : Chennai
Decided on : Aug-25-1967
Reported in : (1968)2MLJ21
..... state of mysore v. shivdbasappa : (1964)illj24sc , observed that the minimum that is expected where witnesses are not examined from the very beginning at the inquiry in the presence of the person charged is that the person charged should be given a copy of the statements made by the witnesses which are to be ..... cotton mills v. gangadhar : (1963)iillj371sc , and khardah & co. v. its workmen : (1963)iillj452sc , were rendered with regard to the disputes under the industrial disputes act. in the case of domestic enquiry by an institution like the life insurance corporation of india, the decision of the supreme court in state of mysore v. shivabasappa : (1964) ..... used at the inquiry well in advance before the inquiry begins. in khardah & co. v. its workmen : (1963)iillj452sc , the supreme court dealing with the case of workmen under the industrial disputes act expressed its opinion that it is desirable that all witnesses on whose testimony .....
Tag this Judgment!Court : Chennai
Decided on : Aug-24-1967
Reported in : AIR1969Mad96; (1967)2MLJ639
..... of the properties under the earlier will. the decree of the trial court accepting the plaintiffs' claim and giving them possession, was confirmed on appeal by the learned subordinate judge, dindigul, and has been affirmed in second appeal in this court. the plaintiffs have been awarded future mesne profits to be determined under order 20, rule 12, civil procedure code. ..... 2 m.l.j. 321 : i.l.r. (1943) mad. 15, chenbasavana gowd v. mahabaleswarappa , ameer bibi v. chinnammal (1967) 1 m.l.j. 461 : i.l.r. (1968) 1 314. mad. 533.21. it may be that the evidence recorded in this case when examined, would satisfy the test of ouster necessary to bar a co-tenant out ..... him for the statutory period. exclusive possession by one co-tenant being consistent with the subsistence of the tenancy-in-common, to be adverse there must be outward acts of exclusive ownership or possession hostile to the tenauts-in-common. while the ultimate finding whether there is ouster or not is a matter for inference from facts .....
Tag this Judgment!Court : Chennai
Decided on : Aug-24-1967
Reported in : (1968)2MLJ639
..... the properties under the earlier will. the decree of the trial court accepting the plaintiffs' claim and giving them possession, was confirmed on appeal by the learned subordinate judge, dindigul, and has been affirmed in second appeal in this court. the plaintiffs have been awarded future mesne profits to be determined under order 20, rule 12, ..... palani pillai v. ibrahim rowther : air1942mad622 , chenbasavana gowd v. mahabaleswarappa : [1955]1scr131 , ameer bibi v. chinnammal (1967) 1 m.l.j. 461 : i.l.r. (1968) mad. 533.21. it may be that the evidence recorded in this case when examined, would satisfy the test of ouster necessary to bar a co-tenant out of possession ..... for the statutory period. exclusive possession by one co-tenant being consistent with the subsistence of the tenancy-in-common, to be adverse there must be outward acts of exclusive ownership or possession hostile to the tenauts-in-common. while the ultimate finding whether there is ouster or not is a matter for inference from .....
Tag this Judgment!Court : Chennai
Decided on : Aug-24-1967
Reported in : (1968)2MLJ544
..... representatives.2. in the meantime, one ramaswami chetty who obtained a decree in original suit no. 3 of 1965 on the file of the court of the subordinate judge, devakottai against the said murugappa chetty for a sum of over rs. 25,000 on 25th january, 1965, filed execution petition no. 86 of 1965 for recovery of the amount ..... his legal representatives. defendants 3 and 4 allowed the suit to be decreed ex parte. the other two merely put the plaintiff to proof of the claim. the learned subordinate judge who tried the suit held against the plaintiff and dismissed the suit. appeal suit no. 416 of 1967 has been preferred by the plaintiff unnamalai achi against the four legal ..... orderk.s. venkataraman, j.1. one unnamalai achi filed a suit original suit no. 44 of 1966 on the file of the court of the subordinate judge of devokattai, againstone murugappa chetty for recovery of a sum of rs. 26,560 on the basis that she had deposited a sum of rs 21,136-50 with murugappa .....
Tag this Judgment!Court : Chennai
Decided on : Aug-24-1967
Reported in : (1970)2MLJ129
..... of a public nature and this could be supported on the facts of that case as the plaintiffs in that case based their right to collect what the district judge called the tax upon custom.13. but so far as the orders on the resumption proceedings are concerned, they do-not stand on the same footing as the ..... or otherwise of the decision which is put forward as constituting res judicata. the principles in this decision is that though the proceeding under section 84 (2) of act ii of 1927 are started as an original petition, the petition has all the characteristics of the suit. reliance was placed in that decision upon the decision of judicial ..... to perform the services is valid. the suits have been filed by the alienees from the original inamdars under section 35 (2) of the hindu religious and charitable endowments act (xix of 1951), to set aside the order of the district collector, ramanathapuram at madurai, directing resumption of the inams at the instance of sri viadyanathaswami koil devasthanam .....
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