Court : Chennai
Reported in : (1925)ILR68Mad1
..... grant was an original grant from the government of their mere grace and favour, or a restoration of the property to those entitled to it by right of succession, or an abandonment by the government of all claim of right by virtue of their state act of seizure, the learned judges after referring to the proceedings of the government observe:there is nothing in those proceedings indicative of an abandonment of proprietary right from the time of seizure, and it would have been strange to have found ..... given by his natural father to sivaji with a view to future adoption and was brought up by sivaji with that object, the performance of the religious ceremonies by kamakshi bai saheba was only the completion of an act done by the raja by the taking of the boy and that even if no special authority was given at the time of his death, the adoption would be valid. ..... , 424 a 'forcible memorial' and himself proceeded to england in 1860 in order to rouse the british public to an appreciation of the injustice done by the act of confiscating the property of an independent prince who had always been faithful to the british, and to induce parliament to interfere in their favour and get the estate restored to the family ..... in a manu script obtained from the oriental library in madras exhibit b-141 the reflections of tulsaji on his death-bed are recorded, and it is there stated that before making the adoption, he regretted the stigma attached to his father pratapa singh owing to ..... bakhsh singh ..... bakhsh singh .....
Tag this Judgment!Court : Chennai
Reported in : AIR1925Mad497
..... they were taking steps to get the property back by petitions to the authorities, and eventually succeeded in doing so before they made the adoption, the mere deprivation of the widows by an act of state would not amount to a vesting of the property by succession in a person who in law has title to the property, and the regrant of the property would in any event ..... with a view to future adoption and was brought up by sivaji with that object, the performance of the religious ceremonies by kamakshi bai sahaba was only the completion of an act done by the bija by the taking of the boy and that even if no special authority was given at the time of his death, the adoption would be valid. ..... 424 a 'forcible memorial' and himself proceeded to england in 1860 in order to rouss the british public to an appreciation of the injustice done by the act of confiscating the property of an independent prince who had always been faithful to the british, and to induce parliament to interfere in their favour and ..... in a manuscript obtained from the oriental library in madras the reflections of tulsaji on his death-bed are recorded, and it is there stated that before making the adoption he regretted the stigma attached to his ..... boy should be adopted subsequently, the death of the boy's natural father made no difference, the gift during datta homam by the boy's brother not being an act of his own mere motion as a brother but being only ancillary to perfect by religious rite what the father had done.213. ..... bakhsh .....
Tag this Judgment!Court : Chennai
Reported in : (1968)IILLJ424Mad
..... subject, then, although there are not two parties, apart from the authority, and the contest is between the authority and the subject, the final determination of the authority will yet be a quasi-judicial act, provided, the authority is required to not judicially, this decision does not apply to the facts of the present controversy, for it is indisputable that, if the determination be for misconduct, in substance and verify, the matter is at ..... but, as he pointed out, that decision was rendered at a time when a rather narrow view was adopted regarding the kind of undertaking that could be termed a 'public authority,' as there were certain acts of parliaments under which even commercial concerns had come into existence, and the concept of governmental function was then relatively restricted. ..... we may first formulate the questions, which arise in this writ appeal, as hereunder:(1) is the state bank of india, constituted under the state bank of india act, 1955, a 'public authority' in law and an 'authority' within the meaning of article 226, to whom writs of certiorari, prohibition, mandamus, etc; could issue? ..... the controlling jurisdiction of the king's bench division,wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, not in excess of their legal authority' has received wide notice; and is almost a classic formula; equal attention has not been paid, according to him. ..... dakshinamurthi 1969 ii .....
Tag this Judgment!Court : Chennai
Reported in : (1969)1MLJ317
..... case of government servants to whom article 311 of the constitution is applicable and in those cases where the provisions of the industrial disputes act are applicable the general law that a servant is at the pleasure of the master stands abrogated to the extent to which the provisions of the constitution or the industrial disputes act provide.the petitioner's case as i have already said above cannot be governed by the provisions of the constitution and article 311 would ..... the writ petition came in the first instance held that the order of the director of public instruction was vitiated, and on appeal his view of the learned judge was not accepted ..... the management of a school terminated the services of a teacher and the teacher preferred an appeal to the director of public instruction under clause 10 of the agreement between him and the school authorities. ..... it is open to the courts in an appropriate case to declare that a public servant who is dismissed from service in contravention of article 311 continues to remain in service, even though by so doing the state is in effect forced to continue to employ the servant whom it does not ..... merely restored the order of the director of public instruction as not vitiated by any irregularity or ..... whether the order of director of public instruction directing reinstatement of the teacher in the school service could be enforced by the teacher against the management and whether a civil court can pass such an order was not the subject of consideration .....
Tag this Judgment!Court : Chennai
Reported in : (1969)2MLJ22
..... at liberty to impose non-discriminatory taxes on goods imported from other states and also to impose reasonable restrictions on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest, but this the legislature can do only if the bill has been introduced or moved in the legislature of a state with the previous sanction of the president. ..... also the law in order that the restriction placed by it on the system of trade may be justified as being required in the public interest need not necessarily be a law on the subject of trade itself but may well be under any entry in any of the lists ..... we are not concerned with the sales tax laws validation ordinance of 1956 and the sales tax laws validation act, 1956 which were meant to validate or regularise the levy and collection of taxes by different states made between april, 1951 ..... is a penalty, (2) that the enhanced inter-state rate which is higher than the normal multi-point state rate acts in effect as a prohibition of inter-state sales to unregistered dealers or to consumers and a law which has that effect cannot be regarded as one with reference to taxation and (3) that having regard to the importance of inter-state ..... our opinion, cannot therefore be said to be required in the public interest in the context of the object of the act and the effect of the restriction in relation to it.19. ..... oriental balm ..... (1969) ..... (1969) ..... : (1969) 1 ..... been reversed by the supreme court in (1969) 1 m.l.j. (s.c. .....
Tag this Judgment!Court : Chennai
Reported in : (1970)2MLJ462
..... has nowhere brought this amount into account and has dishonestly misappropriated the same; the amount having been entrusted to him, he has wilfully violated the directions to pay over to the complainant, and by such acts of commission and omission he has rendered himself liable to be prosecuted for criminal breach of trust and by his act of wilful cheating he caused loss to the person, whose interest he is bound to protect under the law. ..... applicant herein took up the plea before the learned magistrate that without obtaining the sanction of this court, the complainant should not have rushed to the criminal court, since the complaint related to the acts of the appellant in his capacity as receiver appointed by this court. ..... it is a rule based upon public policy which requires that when the court has assumed possession of a property in the interest of the litigants before it, the authority of that court is not to be obstructed by suits designed to disturb the possession of the court. ..... '' if in respect of the act done by him under the orders of the court he is prosecuted there will be some justification for considering the question whether it would be proper to prosecute him without first intimating to the court under whose orders he was acting. ..... the subject-matter of the controversy in that case was the prosecution of a receiver for running a private market without obtaining licence as required by section 171 of the madras local boards act. .....
Tag this Judgment!Court : Chennai
Reported in : (1969)2MLJ495
..... cases in which the property as available for letting and to be enjoyed by the tenant, was special building and adopted for particular purpose, particular trade or particular business like a hospital or a cinema theatre or even a race course or public licensing house--cases in which the property once let out, is straightaway put to the particular use, and employed in his trade or business, by the tenant. ..... in the family partition, the cinema house fell to the share of velayudham pillai, subject to the lease in favour of oriental talkies, with the result that velayudham pillai was a partner of a lessee firm and at the same time the owner of the building ..... the contention of the corporation of calcutta that the corporation is not bound by the standard rent under the rent control act and can adopt the standard of rent of a hypothetical tenant was not accepted by the calcutta high court (vide calcutta corporation v. ..... this feature which is essentially different from the basis of assessment under the english rating acts must be borne in mind in the proper interpretation of section 82 and in the application of the principles enunciated in the english ..... municipal council, bezwada : (1941)2mlj189 , and held that the proviso to section 82 (2) of the act does not impose a restriction in the power of the municipality, that the method of arriving at the annual value by taking a percentage of the capital value is to be utilised only in the case of classes of buildings to which the proviso .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ19
..... the general principle is favoured both in law and justice that every man may fix what price he pleases upon his own property or the use of it; but if for a particular purpose, the public have a right to resort to his premises and make use of them, and he have a monopoly in them for that purpose, if he will take the benefit of that monopoly, he must as an ..... seventeenth century, about 1670, by lord chief justice hale of the king's bench of england in his essay de portibus maris in these words:if the king or subject have a public wharf, unto which all persons that come to that port must come and unlade or lade their goods as for the purpose, because they are the wharfs only licensed by the ..... who has submitted arguments on these aspects, at considerable length, has sought to convince us that, assuming without conceding, what we have here is a tariff of rates charged by a public utility, and not the mere imposition of a ' fee ', and also that the ultimate utilisation of the net return to cover a deficit in the posts and telegraphs department may ..... and the mischief which i can, by those and other legitimate means, discern the statute was intended to remedy.the telegraph act is an act of 1888 and is in respect of a public utility, and charges in respect of public utilities carried certain limitations even at the time the ..... the telephones service was in the hands of private telephone companies, the oriental telephone company in 1881 first introducing telephone service in the city of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad298; 1970CriLJ1020
..... unless the cord is knotted several times, a wilful act cannot, however, be regarded as proved. ..... the evidence of the village munsif that the accused confessed the crime was strongly relied upon by the learned public prosecutor. p. w. ..... during the act of strangulation, far greater violence is used than necessary, and severe marks of abrasions and contusions with extravasation of blood in the soft tissues are usually found on the neck. ..... at the outset, i agree with my learned brother that it is unsafe to act on the testimony of p.w. ..... it is well settled that oral confessions which are not reduced to writing will have to be very carefully assessed before they can be acted upon. ..... she appeared to resign herself to the consequences at her act of folly. .....
Tag this Judgment!Court : Chennai
Reported in : (1973)ILLJ87Mad
..... to hold discussions before 31st december, 1970 with representatives of the four parties representing the workmen in this reference for a review of the existing rules.period of settlement:1st april, 1969 to 31st march, 1973, both days inclusive.all the demands raised by the workmen before the hon'ble national industrial tribunal which constitute the subject-matter of this reference are hereby ..... in the terms of the article 309 of the constitution which abridges the power of the executive to act under article 162 of the constitution without a law.rules usually take a long time to make, various authorities have to be consulted and it could not have been the intention of rule 3 to halt the working of the public departments till rules were framed.the ratio in this case is totally inapplicable to support the contention of ..... of 1969 but is contrary to the provisions of the life insurance corporation act and ..... 1969 is complete, valid and enforceable under the provisions of the act ..... 1 of 1969 contrary to the provisions of the life insurance corporation act and the regulations made thereunder and violative of articles 14 ..... i of 1969 did not guarantee or preserve the categories of employees but merely awarded different pay scales for employees and so long is the new pay scales are not prejudicial to the employees there ..... 1 of 1969 it is said that the said award did not guarantee or preserve the categories of employees but merely awarded different pay scales for employees and so long as the new pay .....
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