Court : Chennai
Decided on : Sep-13-1967
Reported in : (1968)2MLJ124
..... to apply the principles which the decision of this court has laid down, in state of madras v. estates abolition tribunal : (1958)2mlj585 , the learned judges have observed that in respect of lands near a tank-bed that are liable to submersion when the tank is at full level the initial presumption, which is ..... reached that the lands in question were tank-bed lands, and that therefore no patta could be granted to the petitioner under section 11 of the abolition act. mr. vedanthachari learned counsel for the petitioner urges strenuously that while discussing the evidence, the settlement authorities have not kept in view the relevant principles laid ..... the petitioner applied to the additional assistant settlement officer for grant of ryotwari patta to him in respect of the said lands under section 11 of the abolition act. the additional assistant sattlement officer dismissed the application on 3rd march, 1958. the appeal before the settlement officer was dismissed on 13th june, 1958, and a .....
Tag this Judgment!Court : Chennai
Decided on : Nov-03-1967
Reported in : (1968)1MLJ458
..... as no effective action was taken by the police, the petitioner filed a suit o.s. no. 3890 of 1967, before the first assistant city civil judge, madras, for an injunction (a) restraining the striking workmen from obstructing the petitioner's lawful discharge of duties and preventing its loyal workers from carrying on their ..... annoy, insult, intimidate and commit offences, of course, to achieve their ultimate object of bringing pressure on the petitioner to concede to their demands. every act done by them was intended, bringing them within the mischief of section 441 indian penal code. these striking workmen had committed criminal trespass by unlawfully remaining ..... striking workmen. the second respondent further stated that he was visiting the factory periodically and found that the workmen had not resorted to any violence or acts of intimidation. according to the second respondent, the striking workmen had not committed any cognizable offence to warrant the interference by them. they had not .....
Tag this Judgment!Court : Chennai
Decided on : Apr-28-1967
Reported in : (1969)1MLJ537
..... if the sale was necessary to discharge the debt, and the purchaser pays a fair price for the property sold, and acts in good faith and after due inquiry as to the necessity for the sale, the mere fact that part of the price is not proved to have been applied ..... has authority to raise money not only for the payment of debt, but also for the purpose of carrying on the business. the learned judges of the high court were of opinion that, as in this case the business had recently resulted in loss, the managing member was not ..... hard cash was needed by the family. and as regards inadequacy for price, as held by the learned district judge, the plaintiff has not been able to show that the consideration for any of the sales was unreasonably low. the learned district ..... judge who has confirmed the decision of the trial court has addressed himself to the questions that came up for consideration .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-01-1967
Reported in : [1969]71ITR651(Cal)
..... and no other material.the question to which they have to address their minds is : do these documents disclose a case which merits further inquiry as to whether the circumstances described in subsection (1) of the act exist in the case of that taxpayer there is in my view no room in this procedure, and in the face of the express ..... summons did not raise any question which was open to serious argument and ordered that it be struck out.the plaintiffs appealed on the grounds, inter alia, that the judge misdirected himself in holding that tghe originating summons did not raise any question open to serious argument in the high court and that he ought to have held that ..... case against them and to put in an answer to it. they contend that, although section 28 does not so provide, nevertheless natural justice requires it. before the judge it was contended that the plaintiffs were entitled to be represented before the tribunal and to adduce argument and evidence. that was clearly untenable, and the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-08-1967
Reported in : (1968)1MLJ372
..... the appeal from the jail was committed under section 304 (part i), indian penal code and sentenced to undergo rigorous imprisonment for ten years by the additional sessions judge, coimbatore.2. the charge against the appellant is that he committed an offence punishable under section 302, indian penal code, for having caused the death of his ..... in their hut. the question is as to how far and to what extent the extra-judicial confession and the judicial confession made by the appellant can be acted upon. it is necessary that the prosecution should establish the offence by independent evidence. if once the offence is established, the confession can be taken into consideration ..... and short and devoid of details. he had not even stated the details of the quarrel and what really transpired between himself and the deceased and even the act of throttling he had not described. if the appellant had come with a voluntary statement without any mental reservation, he would have described fully as to how .....
Tag this Judgment!Court : Chennai
Decided on : Sep-01-1967
Reported in : (1969)2MLJ417
orderk. veeraswami, j.1. this petition is directed against an order of the city civil judge taking the view that the entire claim is triable only by the claims tribunal under the motor vehicles act and that, as such, the civil court has no jurisdiction. on that view, it returned the petition for leave to sue in forma pauperis to ..... personal injuries to the petitioner is concerned, the court below was clearly right in the view it took. sections no (1) and 110-f of the motor vehicles act make it crystal clear that claims for compensation in respect of accidents involving bodily injury are triable only by the claims tribunal having territorial jurisdiction and that the civil ..... civil court is excluded by terms of section 110-f. there is absolutely no indication in either of the sections or in any other provisions of the motor vehicles act to justify the proposition that the tribunal will have jurisdiction to try any claim other than that defined in section 110 (1). it may be that this approach .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-07-1967
Reported in : [1968]21STC295(All)
..... and that accordingly the appellant has been rightly taxed.20. it may be noticed in passing that the appellant's writ petition was dismissed summarily by the learned single judge on the ground that the appellant should avail of the statutory remedy of appeal from the order of the sales tax officer. it seems to us that the ..... wood and other things. repelling this argument, shelat, j., observed :but it is now well-settled that while interpreting items in statutes like the sale tax acts, resort should be had not to the scientific or the technical meaning of such terms but to their popular meaning or the meaning attached to them by those dealing ..... at [1967] 19 s.t.c. 469] the supreme court held that charcoal is 'coal' within the meaning of that expression in the madhya pradesh general sales tax act. it was argued on behalf of the state of madhya pradesh that while coal is technically understood as a mineral product, charcoal is manufactured by human agency from products like .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-30-1967
Reported in : [1968]21STC197(All)
..... that of raw groundnut oil, but the product was still held to be groundnut oil for purposes of taxation. the supreme court observed :in our opinion, the learned judges.of the high court laid an undue emphasis on the addition by way of the absorption of the hydrogen atoms in the process of hardening and on the consequent inter ..... not be available now. the question of the validity of the provisions of section 3-d of the u.p. sales tax act and the other questions mentioned above having been raised, the writ petitions were admitted. the orders have the effect of imposing financial liabilities. the petitioners have a fundamental right ..... new commercial commodity emerged from the process of alleged 'manufacture'.14. the question of the validity of the provisions of section 3-d of the u. p. sales tax act was also raised, but no arguments were advanced on this aspect before us. although an alternative remedy was available to the petitioners by way of an appeal, it will .....
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 : Jul-12-1967
Reported in : (1969)1MLJ173
..... properties as well as outstandings belonging to kannammal and that the defendants would be entitled to enjoy the properties without any objection whatsoever and with all rights. the learned judges held that the effect of the deed was to operate as a transfer of whatever rights the plaintiff had to the defendants. in t. mammo v. ramunni ..... 66 forbids only such a suit against a certified purchaser or those claiming under him. as a matter of fact, according to the finding of the learned subordinate judge, which is binding on me, ramasesha iyer's heirs acknowledged the fact that the purchase was benami on behalf of chengalvaraya iyer. there is nothing in section ..... a bar. the learned judges relied on the privy council decision in mst. buhuns kowar v. behoree lall (1870) 14 m.i.a. 496, and observed:it is obvious, therefore, that when after obtaining certificate of sale, the purchaser acknowledges that his purchase is benami and gives up possession, or does some act which unequivocally indicates an .....
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