Court : Chennai
Decided on : Apr-27-1967
Reported in : (1968)2MLJ164
..... the court had no further jurisdiction in the matter to extend the time and grant a further final decree.4. the learned subordinate judge examined the provisions of the code and the old court-fees act and having regard to the decisions placed before him granted a final decree for the amount claimed against the state, directing the ..... plaintiff to pay the necessary court-fee on the amount decreed before executing the decree. the learned subordinate judge took the view that in view of the ..... revived, when the plaintiff could secure the necessary court-fee. as stated earlier the order was not called for then. but i cannot say that the learned subordinate judge intended to pass a final order debarring the plaintiff thereafter from claiming the mesne profits, which had rightfully been found to be due to him. the summary manner .....
Tag this Judgment!Court : Chennai
Decided on : Apr-21-1967
Reported in : (1967)2MLJ607
..... be final. the supreme court in the above report in paragraph 20 has clearly laid it down:this provision vests the jurisdiction to determine the question about the judge's age exclusively in the president, and so it follows that in the presence of this provision, no court can claim jurisdiction to deal with the said question ..... mehta was a member of the madras legislative council having been elected in april, 1962 from the madras district local authorities constituency. his term would continue till april, 1968. in the meanwhile on a petition filed by a creditor he was adjudicated as insolvent on 26th april, 1966. he filed an appeal on 29th april, 1966 against ..... member shall be final. the second question deals with the scope of article 192(2) of the constitution which states that in giving his decision, the governor shall act according to the opinion of the election commission. our attention has been drawn to the decision of the supreme court in jyoti prokash v. chief justice calcutta : [ .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-1967
Reported in : (1968)2MLJ157
..... baburayampettai village in maduranthakam taluk, chingleput district, have filed these petitions to quash the order dated 31st august, 1964, of the estates abolition tribunal (district judge) chingleput, declaring that the lands, for which the respondent-devasthanam has claimed patta, are the private lands of the devasthanam.2. ever since the village of ..... . the cultivation muchilikas executed by the ryots describe the devasthanam as ekabhoga mirasdar of sri vijayavaradarajaswani. after the coming into force of the estates land act, the ryots began to assert that they have occupancy fights in the lands. the devasthanam was shrewd enough to take muchilikas with a term that ..... baburayampettai was declared an inam estate under madras act xxvi of 1948, there has been regular litigation between the ryots of the village and the devasthanam. the devasthanam has been contending that it possessed the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-17-1967
Reported in : AIR1969Mad1
..... is incomplete, even if the recitals purport to transfer rights, the document cannot come under the category of a mortgage deed as defined in law. the learned judge explicitly observed. . *leaving aside the question of registration of an insufficiently stamped document,in the earlier passage. we may point out that though registration is necessary ..... upon whether possession of property is forthwith given, or is not.5. the facts in referred case no. 13 of 1965 can be very briefly stated. on 15th november, 1968, o. r. gopalachari and o. g. parvathavardhani ammal sold valuable properties, namely, rice, flour etc., mill together with their accessories, for rs. 17,000 to s. ..... a registered instrument,, signed by the mortgagor and attested by at least two witnesses. the learned judge then proceeded to make the following observations at page 569:that the transfer contemplated by section 2 (17) of the indian stamp act is a transfer valid in law, should be obvious. such a valid transfer could not .....
Tag this Judgment!Court : Chennai
Decided on : Apr-17-1967
Reported in : (1969)1MLJ1
..... is incomplete, even if the recitals purport to transfer rights, the document cannot come under the category of a mortgage deed as defined in law. the learned judge explicitly observed. . *leaving aside the question of registration of an insufficiently stamped document,in the earlier passage. we may point out that though registration is necessary ..... upon whether possession of property is forthwith given, or is not.5. the facts in referred case no. 13 of 1965 can be very briefly stated. on 15th november, 1968, o. r. gopalachari and o. g. parvathavardhani ammal sold valuable properties, namely, rice, flour etc., mill together with their accessories, for rs. 17,000 to s. ..... a registered instrument,, signed by the mortgagor and attested by at least two witnesses. the learned judge then proceeded to make the following observations at page 569:that the transfer contemplated by section 2 (17) of the indian stamp act is a transfer valid in law, should be obvious. such a valid transfer could not .....
Tag this Judgment!Court : Chennai
Decided on : Apr-13-1967
Reported in : (1968)1MLJ132
..... sent to the gentral food laboratory, calcutta, showed that the oil in question satisfied the requirement thereby indicating that it was not adulterated. the learned sessions judge who heard the appeal has rightly pointed out that merely because in another case there is difference between the butyro-refractometer reading taken by the public analyst ..... under the butyro-refractive test is a positive indication of adulteration. having regard to the above facts, it could not be said that the central government acted beyond its rule making powers in stating that edible oils should satisfy particular standards as to refractive index under butyro-refractometer.4. the learned advocate for ..... and prima facie this will be a question of fact.2. sri g. gopalaswami, advocate for the petitioners, urged that the rule framed under the act providing that the gingelly oil not conforming to the specification as regards the butyro-refractometer reading is adulterated is ultra vires of the rule making power of .....
Tag this Judgment!Court : Chennai
Decided on : Apr-12-1967
Reported in : [1968]70ITR237(Mad)
..... finding to the tribunal pending the disposal of an appeal before the tribunal, as it will fall within the scope of the power granted under section 23 (5) of the act, for the disposal of the appeal before it.learned counsel for the petitioner referred us to a decision of a bench of this court in v. ramaswami iyengar v. commissioner ..... . in other words, if the learned counsels argument is to be accepted, the scope of the power of the appellate tribunal defined in section 23 (5) of the gift-tax act, 1958 which says that the appellate tribunal, after giving the parties to the appeal an opportunity of being heard, may pass 'such orders thereon as it thinks fit' should be ..... ramakrishan j. - this tax case petition was filed under section 26 (3) of the gift-tax act, 1958. the petitioner made a gift of a certain extent of land to his daughter and grandchildren. the question arose before the gift-tax authorities about estimating the value of .....
Tag this Judgment!Court : Chennai
Decided on : Apr-12-1967
Reported in : (1968)2MLJ411
..... any such contemplated result could be given effect to in the face of the express prohibition in section 6 (a) of the transfer of property act.26. in the trial court, the learned judge had expressed some doubt about the genuineness of this transaction evidenced by the release exhibit b-3 as the original document of release was not produced. ..... the entire reasoning of the learned subordinate judge on this portion of the case is wrong. indeed, learned counsel, for the respondents did not support the view of the trial court on this aspect of the ..... will be between us friendly relationship only and not relationship as regards money matters. to the said effect is the deed of release executed by me with consent.the learned judge followed and applied the earlier full bench decision of this court in asa beevi v. karuppan chetty (1917) 34 m.l.j. 460 : i.l.r. 41 mad .....
Tag this Judgment!Court : Chennai
Decided on : Apr-07-1967
Reported in : (1967)2MLJ552
..... consideration in automobile transport ltd. v. state of rajasthan : [1963]1scr491 , which related to the validity of the rajasthan motor vehicles taxation act, 1951. the majority of the learned judges in this case accepted the majority opinion in the earlier case but subject to the clarification:regulatory measures or measures imposing compensatory taxes for the use ..... should be placed on stock of the same class indifferent states. holding that the regulations were discriminatory, knox, c.j., with whose observations the other learned judges agreed, said:in the case now before us, as i have already pointed out, the only test supplied by the regulations for determining the value of live ..... on the ground of discrimination unless such a discrimination is permissible under article 303(2).20. finally it is said that though the central sales tax act is an act of parliament, the taxation is in effect for purposes of the states as section 9(4) indicates and that as the financial needs of states are .....
Tag this Judgment!Court : Chennai
Decided on : Apr-07-1967
Reported in : AIR1968Mad236; (1968)1MLJ31
..... that unless the regional transport authority fixes fares in the conditions of permit it would fail to discharge its duty in the matter of fixing of fares."the learned judge was there concerned with a contract carriage and in respect of such a vehicle sec. 51(2) gives powers to the regional transport authority to attach a condition ..... or without modification in respect of a particular stage carriage or service of stage carriages". sec. 59(3)(c) remains as it was. after amendment of the act by central act 100 of 1956, the state government issued on 25-3-1964 fresh directions to the state transport authority under s. 43(1) relating to fixation of fares for ..... under the motor vehicles act as modified after 1956 that power has been give to the regional transport authority or the transport authority to fix the rates of fares by themselves. it is true that in amarnath v. state transport authority, , k.k. desai j. appears to be of a different view. the learned judge there observes--"these provisions .....
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