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 : Sep-09-1967
Reported in : (1968)2MLJ307
..... has been convicted under section 16(1)(b) of the prevention of food adulteration act and sentenced to pay a fine of rs. 100, in default to undergo simple imprisonment for two months by the district magistrate, tiruchirapalli. on appeal, the sessions judge, tiruchirapalli confirmed the conviction and sentence. the following facts are not disputed before me ..... 3. it is contended by the learned counsel appearing for the petitioner that the conviction under section 16 (1) (b) of the prevention of food adulteration act cannot be sustained for the reason that there was nothing to show from the evidence of the food inspector that he either demanded sample from the petitioner or ..... generally, since a food inspector has got several powers to exercise. though the power of taking sample is also one of the powers conferred on him under the act, it is specially carved out from the other powers and specifically brought in clause (b) of section 16 (1). it is, therefore, necessary for the prosecution .....
Tag this Judgment!Court : Chennai
Decided on : Jan-12-1967
Reported in : (1968)1MLJ502
..... is that when the members of the ancient family divided and partitioned their composite holdings a personal privilege only was granted to chinna venkatasami naicker. the learned subordinate judge rightly observed that this right given to chinna venkatasami naicker under exhibit a-3 cannot be deemed to be a personal privilege granted to him, but a ..... ii. nothing is an interruption within the meaning of this section unless there is an actual cessation of the enjoyment by reason of an obstruction, by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of ..... ownership, of the suit pathway and therefore he is not entitled to a declaration that he has secured an easement right under the provisions of the easements act, and such a legal inference drawn by the lower appellate court consequentially securing a legal right which was not asked for in the plaint cannot be envisaged and .....
Tag this Judgment!Court : Chennai
Decided on : Feb-27-1967
Reported in : (1968)2MLJ406
..... which the construction was erected. in vasantha watch co. v. saraswathi time equipment c.r.p. no. 583 of 1964, the same rule was adopted by the learned judge. in. this case also, the following observations are apposite:i am unable to hold that the courts below were in error in taking the area of the floor for computation ..... to how best to implement the express words of the statute provided for in section 4 (2) (b) (ii) or section 4 (3) (b) (ii) of the act. the act makes it obligatory that to arrive at the total cost, the market value of that portion of the site on which the residential or non-residential building is constructed, has ..... principal arterial road in the city which is as important as any other important road but for the length and breadth. its prominence cannot be lightly brushed aside. the act itself provides for allowances being made for consideration of locality in which the building is situate, accessibility to market, nearness to railway station etc. the majority of the .....
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 : Kolkata
Decided on : Jun-01-1967
Reported in : [1968]70ITR381(Cal)
..... the escaped income, or extent of its discovery, or the or the nature of the information. we are in complete agreement with the view expressed by the learned judges of the punjab high court, particularly, with their observation at page 431 that :'in the grammatical, usage, and in its natural and ordinary sense, the word such ..... officer to engender the belief that the business income of the family, of the year 1950-51, had escaped assessment. in our opinion, section 34 of the act was rightly invoked by the income-tax officer and the proceedings cannot be challenged as being in excess of his jurisdiction.'mr. mitter pointed out that in the ..... shareholder, dividend deemed to have been distributed to the assessee had escaped assessment. the income-tax officer started reassessment proceedings under section 34 (1) (b) of the act on february 7, 1958, to assess this deemed dividend income. in the meantime, the income-tax officer had completed the assessees assessment for the subsequent year 1954-55, .....
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 : 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 .....
Tag this Judgment!Court : Chennai
Decided on : Jul-07-1967
Reported in : (1968)2MLJ445
..... this judgment to the effect that parties to a mortgage deed can agree that the principal sum shall not become payable until a demand is actually made. the learned judges immediately observe that this must be clearly expressed. but here, the tamil expression corresponding to ' when you demand ' are, as observed in the secretary of state ..... default he would have the right to redeem, and in their opinion the mortgage money does not 'become due' within the meaning of article 132 of the limitation act until both the mortgagor's right to redeem and the mortgagee's right to enforce his security have accrued.7. in padmavathi v. ananteswarar temple : air1958mad185 , the ..... b-l was extinguished either by efflux of time or otherwise or by voluntary act of parties like execution of the contemplated release deed.9. the learned judges point out that the term 'when the money becomes due' in article 132 of the limitation act should be construed with reference to the capacity of the charge-holder to collect .....
Tag this Judgment!Court : Chennai
Decided on : Apr-29-1967
Reported in : (1968)2MLJ622
..... the plaintiff. under the settlement, the husband and wife were tenants-in-common, of the settled properties.. exhibit b-1 the cancellation deed, according to the learned subordinate judge, whereunder the husband purported to revoke the settlement, had not been given effect to. subsequent to the settlement deed about five years after, the husband and wife had ..... also properly be combined with any suit in assertion of his rights as remainderman, and having regard ex facie to the availability of section 14 of the limitation act, i would relegate the second defendant to a separate suit with reference to the claim for profits accrued to the deceased, the only right he could have as ..... the heir and legal representative of the deceased. the claim to profits-may now be barred by limitation. of course, any court under section 14 of the limitation act will exclude the time taken in these proceedings. so far as the 2nd defendant is concerned, it must be held that he had been prosecuting the matter in .....
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