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 : Karnataka
Decided on : Jun-14-1967
Reported in : AIR1968Kant8; AIR1968Mys8; (1967)2MysLJ44
..... rely on the provisions of section 28 to file this appeal.the view taken in : air1959cal455 is that appeal lies against the order of the district judge under the act. while referring to section 28 they observe that the contention that the appealability will depend on the law for the time being in force and does not ..... relates to the forum. sri venkataramaniah, learned counsel for the respondent invites my attention to section 19 of the mysore civil courts act which is as follows:'appeals from the decrees and orders passed by a civil judge in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie- (1) ..... these proceedings the respondent made an application under section 24 of the act seeking interim maintenance pendente lite at rupees 500/- p.m. and rs.500/- towards expenses of the litigation. this petition was objected to by the petitioner and after recording evidence, the civil judge made an order on 4th december 1956 directing the petitioner to .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-1967
Reported in : AIR1969Guj34; (1969)GLR234
..... claim could be made in the reference application that came to be made under section 18 of the act.4. section 11 of the act deals with a question regarding the inquiry and award to be made by the collector.(i) he has to determine the true area of ..... that clause to the special cases to which we have already referred.' 16. it will be significant to note that the learned trial judge has not recorded the finding in categorical terms that the claimant would be entitled to rs. 3,000 by way of compensation for ..... it to be one of the grounds in support of his total claim of rs. 12,000/- and odd. the learned trial judge observed in para 10 of his judgment, in regard to this claim, as under.'the claimant has led evidence regarding the loss of ..... award was declared and as these plants were not existing or standing at the date of notification under section 4(1) of the act, was published, no question arose for laying the claim before the land acquisition officer. he, therefore, contended that the ratio of .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-17-1967
Reported in : AIR1969Kant293; AIR1969Mys293
..... court rejected the application for amendment. sir basil scott, c. j. speaking for the bench observed as follows:--'in this case we cannot agree with the learned judge of the court below that an amendment such as was asked for would convert the suit into a suit of different and inconsistent character. the suit would remain the ..... plaintiff (petitioner) had contended that the defendant (respondent) was an agriculturist and had claimed the extended period of limitation under s. 24 of the mysore agriculturists' relief act. in the amendment application, the petitioner stated that recent enquiries revealed that the defendant has admitted the suit debts in his loan application to the land mortgage bank. ..... as being barred by time as the plaintiff is not entitled to claim the benefit of extended period of limitation provided under section 24 of m.a.r. act. consequently the suit is dismissed with costs as being barred by time.'5. it is therefore clear that the learned munsiff did not apply his mind to .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-23-1967
Reported in : AIR1968Kant56; AIR1968Mys56; (1967)2MysLJ168
..... the punjab national bank ltd. (which hereafter shall be referred to as the bank) instituted o. s. no. 23 of 1959 in the court of the principal district judge, mysore, against two defendants to recover a sum of rs. 38,203-01 due from them. it is the case of the plaintiff that it is a banking ..... set aside.(12) we, therefore, propose to examine first this contention of the learned counsel whether the appellant-second defendant is discharged. chapter viii of the indian contract act, 1872, deals with indemnity and guarantee 126 defines a contract of guarantee thus:'a 'contract of guarantee' is a contract to perform the promise, or discharge the liability ..... bhushayya v. p. suryanarayanan : air1944mad195 , and the relevant observations relied upon are at page 201, where their lordships have stated that 'sections 140 and 141, contract act, prima facie have reference to the simple case of a surety for a single debt for which the creditor holds a security or securities'. we do not understand the .....
Tag this Judgment!Court : Kerala
Decided on : Sep-05-1967
Reported in : (1968)IILLJ225Ker
..... court also observed (at p. 651):.the settlement having thus become binding and in many cases having already come into operation, there is no scope for any inquiry by the government as to the bona fides of the settlement. in such a case. in view of the possibility of conflict between the settlement in view ..... remaining two unions and ignoring the efforts of the conciliation officers for settlement of all disputes.13. in the result, i dismiss original petition no. 4377 of 1968 also. the petitioner will pay the costs of respondent 5, the indian aluminium company office staff association; who is the main contesting party in this case. counsel ..... their behalf is not also legally sustainable, irrespective of the fact whether ex. p 1 is a bipartite settlement or conciliation settlement. section 2(k) of the act defines ' industrial dispute.' and it reads as follows:'industrial dispute' means any dispute or difference between employers and employers or between employers and workmen or between workmen .....
Tag this Judgment!Court : Chennai
Decided on : Jan-05-1967
Reported in : (1968)1MLJ139
..... covenant to pay. a decision of the allahabad high court in bisnan datt singh v. mathur prasad : air1939all260 , is referred to as authority. the learned subordinate judge states that counsel for the plaintiff during the arguments represented that he was not pressing his client's case under the personal covenant, as the plaintiff's claim under ..... exhibit a-2 dated 21st december, 1942, the principal amount was payable on or before 21st december, 1945. the plaintiff who under article 132 of the limitation act, 1908 had 12 years to bring the suit for sale from when the mortgage money became due, relied upon the acknowledgment of the mortgages under the registered sale ..... simple and a usufructuary mortgage and the mortgagee was entitled to a decree for the mortgage money under clause (a) of section 68 of the transfer of property act. clearly under the terms of the mortgage now under consideration the covenant to pay is more pronounced. there is not even an option as in the aforesaid case .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1967
Reported in : (1968)1MLJ37
..... consideration of rs. 2.5 crores. after referring to the decisions of the supreme court which we have cited above, and examining the scheme of the registration act, the learned judges observed:applying the tests laid down in the decisions cited above to the, facts of the present case, we are clearly of the view that the fee in ..... administration of justice difficult and in many cases impossible.again in radha bai v. nathu ram ilr (1891) all. 66, the learned judge observed that the indian population had been taxed by the court fees act.46. in our view, the expression 'taxation' in these decisions has been used only in a generic sense. there was no need ..... ) ltd. v. income-tax commissioners : air1962bom106 , where the validity of the levy of court-fee under the new bombay court fees act of 1959 on a group of income tax applications come up for consideration. the learned judges referred to the decision of the judicial committee in rachappa subrao v. shidappa l.r. (1919) 46 indap 24 : (1919) 36 .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-1967
Reported in : (1968)1MLJ27
..... were not applicable and that the notification was made validly under section 4(1)(a) of the district municipalities act. i am in respectful agreement with the view taken by the learned judge.7. in the result the legality of the order of the government constituting the manapparai town panchayat as a ..... was appended to the effect that in exercise of the powers conferred by sub-section (3) of the section 4 of the madras district municipalities act, 1920, the governor of madras declared that the local area now within the jurisdiction of the manapparai, kannudaiyanpatti, kalingapatti and usilampatti panchayats should constitute ..... the manapparai, kannudaiyanpatti, kalingapatti and usilampatti panchayats into a municipality. a notification was also issued under section 4(1)(a) of the madras district municipalities act (v of 1920) declaring the intention of the government to constitute a municipality in the name of manapparai within the jurisdiction of manapparai, kannudaiyanpatti, kalingapatti .....
Tag this Judgment!Court : Chennai
Decided on : Dec-22-1967
Reported in : (1968)2MLJ233
..... the principles and the law laid down in that decision. after a detailed and careful scrutiny of the provisions of the act and the rules, the learned judge has held that the fact that 'building' in the act has been defined as including furniture supplied by the landlord for being used in the building but not making any express ..... rejecting this argument that what was leased was a cinema business.44. reference may also be made to another argument often stressed by counsel for the defendants, that in judging the character of the lease the various items, furniture, electrical and other fittings, fixtures, stand-by equipment, generator should not be considered independently in isolation, but all ..... receiver and directing the plaintiffs to pay a sum of rs. 10 000 shall stand vacated and the plaintiffs are not liable to pay for the month of january 1968 and thereafter anything more than the original agreed rent of rs. 4 500 per month.49. at the time of the institution of the suit, the plaintiffs .....
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