Court : Chennai
Reported in : AIR1974Mad57
..... any fittings affixed by the landlord in the premises and let out along with the cinema hall, the entire thing comes within the definition of 'building' and consequently the provisions of the act would govern the relationship of the landlord and the tenant, the result is that although the term of the lease deed had expired, the landlord would not be in a position to ..... j) as he then was, who having regard to the wide connotation that was given to the word 'building' and the purposes for which the madras buildings (lease and rent control) act was enacted, the nature of the structures in the suit premises and the manner in and the entire premises were being let out and used for a number of years at any rate ..... furniture and fittings therein and for continuation of the existing arrangements entered into previously by the lessors with the handicrafts emporium, oceanic stores, oriental arts, radha silk emporium, ram mohan private limited, travel agents and others with whom the plaintiffs had already entered into commitments before. ..... 2,500/- per month, which they are willing to pay, that the hire of the furniture and other articles came to an end after their letter dated 7-7-1969, that the plaintiffs have illegally refused to take delivery of the said articles, that the defendants are not liable to pay any hire to them after the said date ..... the present case with the lease of licenced public house under the english law is not justified ..... the form for a lease of a public house by a firm of brewers .....
Tag this Judgment!Court : Chennai
Reported in : (1973)2MLJ212
..... . in the judgment under appeal and their lordship; extracted the said observations:general definitions are, i think, rather to be avoided where the avoidance is possible, and i make no attempt to define precisely the extent of the phrase public purposes' in the lease ; it is enough to say that, in my opinion, the phrase, whatever else it may mean must include a purpose, that is, an object or aim, in which the general interest of the community, as opposed to the particular interest of individuals ..... , observed at page 1046 as follows:thus it is clear that this case recognises a material distinction between acts committed by the servants employed by the state where such acts are referable to the exercise of sovereign, powers delegated to public servants, and acts committed by public servants which are not referable to the delegation of any sovereign powers ..... gases commencing from peninsular and oriental steam navigation company v ..... . : [1969]3scr447 which related to the validity of the punjab cattle fairs (regulation) act (vi of 1968) and the attack was that the provision there violated articles 13, 14, 19 and ..... state of orissa : [1969]3scr374 , which relates to the government monopoly for the sale of kendu leaves under the orissa kendu leaves (control of trade) act (xxviii of 1961 ..... . state of punjab : [1969]3scr447 , the cases dealt with the validity of laws creating state monopolies in the ..... . state of orissa : [1969]3scr374 , vrajlal manilal and co. ..... sierra leone (1969)3 all e.r. ..... of 1969 etc. .....
Tag this Judgment!Court : Chennai
Reported in : (1974)1MLJ292
..... liability which may be incurred by the person or classes of persons specified in the policy but clause (b)(ii) simply says that the insurance is to be against the death of or bodily injury to any passenger of a public service vehicle, without referring to any liability which may be incurred by the person or classes of persons insured in respect of such death of or bodily injury to any passenger, it is said that under the abovesaid clause, viz. ..... the meaning of the word in a narrow way and found that the word meant and included all or any one of the persons for whose benefit a suit under the act can be maintained, and that these persons are the representatives of the deceased in the sense that they are the persons taking the place of the deceased in obtaining reparation for the ..... section 95(1)(b) creates an absolute liability in respect of passengers in a public service vehicle, that fact would only highlight the position that in respect of other claimants there is no question of absolute liability and that the claimants can succeed only by proving that the injury or the death, as the case may be was due to tortious act on the part of the owner of the motor vehicle, either ..... the amendment to section 110(1) of the act made by act lvi of 1969 which, as i said earlier, strengthens the view that sections 110 to 110-f of the act are only procedural in character and have nothing to do with the substantive rights and liabilities of parties, also dots not seem to have been brought ..... oriental .....
Tag this Judgment!Court : Chennai
Reported in : (1975)2MLJ443
..... the petitioner claiming to be the secretary of the peoples' 'civil liberties union, madras prayed for the issue of a writ of mandamus directing the state of madras represented by the secretary to government public works department, to allow the petitioner to hold the annual conference of the peoples' civil liberties union on any two consecutive days in may, 1951 in the rajaji hall. ..... repeat the writ petitions are confined only to bluegum trees grown in the reserved forests of the government and sold in public auction and they are not directed against allotment of specific acres of reserved forests with bluegum plantation for the benefit of ..... that it is for the government having regard to all the circumstances, to act as a prudent businessman would, and to sell or otherwise dispose of kendu leaves purchased under the monopoly acquired under section 3, but the profit resulting from the sale must be for the public benefit and not for private gain. ..... case decided to invite offers for advance purchase of kendu leaves only from persons who purchased these leaves from individual units during the previous year and who acted as purchasers without default and to the satisfaction of government and the method of sale by open competition was given up. ..... state of orissa : [1969]3scr374 , wherein it was pointed out that the government will have to act as a prudent businessman will not help the petitioner having regard to the facts of the present case, as explained ..... : [1969]3scr374 . ..... (1969)iillj743sc .....
Tag this Judgment!Court : Chennai
Reported in : (1975)2MLJ131
..... the tribunals so constituted, and whether remedies normally associated with actions in civil courts are prescribed by the said statute or not.as i have already pointed out, section 125 of the mahe land reforms act, while giving a finality to the orders of the land tribunal and the land board and expressly excluding the civil court's jurisdiction in that behalf, refrains from giving such a finality to the ..... taken by the prescribed officer under this section and may make such enquiry or cause such enquiry to be made and may pass such orders thereon, as he thinks fit : section 90 of the act says:where, in any suit or other proceeding for the eviction of a cultivating tenant, a holder of a kudiyiruppu or a kudikidappukaran, from his holding kudiyiruppu or kudikidappu, as the case may be, whether pending at ..... another kudikidappu or has obtained ownership and possession of land which is fit for erecting a homestead.section 84 prescribes,(1) all arrears of rent, if any, payable, by a kudikidappukaran on the date of the commencement : of this act, whether the same be payable under any law, custom or contract or under a decree or order of court, shall be deemed to be fully discharged if he pays one year's rent or the actual amount in arrears, whichever is less. ..... act, 1963, was drastically amended from time to time in the light of judicial pronouncements (vide act xii of 1966, act ix of 1967 act xxxv of 1969, act xxv of 1971 and act ..... as amended by act xxxv of 1969 and act xvii of 1972, .....
Tag this Judgment!Court : Chennai
Reported in : (1976)ILLJ27Mad
..... the council does not have a statutory character like the oil and natural gas commission or the life insurance corporation or the industrial finance corporation, that it is a society incorporated in accordance with the provisions of registration of societies act and that the other features pointed out do not in any way make the council an agency of the central government, functioning under its control,10 ..... in the said case, it was contended that though the council of scientific and industrial research is a society incorporated under the registration of societies act, having regard to the fact that the government appoint nominees on the governing body and terminate their membership and that the government takes special interest in the affairs of the council, it should be held that ..... they are; (1) the new india assurance company limited, (2) oriental fire and general insurance company limited, (3) united india fire and general insurance company limited and (4) the national insurance company limited. ..... section 23 points out that the corporation and other acquiring companies shall, in the discharge of their functions, be guided by such directions with regard to the matters of policy involving public interest as the central government may give. ..... 1971 the petitioner was working as a senior branch secretary of the general assurance society limit-ed at madras, he having been appointed to that post on 8-9-1969. .....
Tag this Judgment!Court : Chennai
Reported in : (1979)ILLJ314Mad
..... separated from the rest of the premises to the satisfaction of the health officer, and noncompliance with the conditions of the licence is an offence under section 357 of the act and that after effecting forcible and unlawful entry into the hotel, the workers conducted the hotel on 4th january, 1978 and 5th january, 1978 with the stock available in ..... the workers except those who have houses nearby have been using the aforesaid premises as their living quarters, and under rule 28 of the rules made under the tamil nadu catering establishment act, 1958 none of the operations connected with a catering establishment shall be conducted or carried on in any room used as living or sleeping quarters of employees as reinforced in rule 23 and ..... locked the gate on the night of 29th december, 1977 and the management cannot say that there has been 'closure' of the hotel as required by the industrial disputes act and that all necessary action had been taken as warranted by law, and police pickets have also been posted to see that no untoward events take place and that, therefore ..... of another; (4) under section 23 of the city police act to prevent offences and public nuisances; (5) under section 24 of the city police act to arrest without warrant any person committing offence punishable under the act; and (6) under sections 402 and 408 of the madras city municipal corporation act to use the police powers in the enforcement of that act, and since in spite of his complaints to the concerned ..... 1969 ..... 1969 .....
Tag this Judgment!Court : Chennai
Reported in : (1981)IILLJ25Mad
..... buckingham and carnatic mills madras, : (1970)illj26sc the supreme court a should that the standing orders certified under the industrial employment standing orders act, 1946 became part of the statutory terms and conditions of service between industrial employer and employees and they will govern the relationship between the parties ..... in issuing the second notice, the dismissing authority naturally has to come to a tentative or provisional conclusion about the guilt of the public officer as well as about the punishment which would meet the requirement of justice in his case, and it is only after reaching conclusions in both these matters provisionally that the dismissing authority issues the second notice ..... rule 4 of the tamil nadu industrial employment (standing orders) rules, 1947 states that the model standing orders for the purpose of the act applicable to the workmen in industrial establishments and the working journalists in news paper shall be those set out in schedules 1 and 2 to the rules ..... functionary who has to decide an administrative matter, such as the dismissal of a member of the staff, can obtain the material on which he is to act in such manner as may be feasible and convenient, provided only the affected party has a fair opportunity to correct or contradict any relevant and prejudicial material. ..... the remand was made on the principles laid down by the decision of the supreme court in oriental textile finishing mills, amritsar v. ..... worker's union, : (1969)illj734sc . .....
Tag this Judgment!Court : Chennai
Reported in : (1986)ILLJ229Mad
..... was pointed out that it would not in such a contingency, be open to the authority to deprive the public servant of the remuneration which he would have earned had he been permitted to work. ..... would not in such a contingency be open to the authority to deprive the public servant of the remuneration which he would have earned had he been permitted to work ..... was a case in which the state government sought to exercise its power under rule 54 of the fundamental rules to fix the pay of a public servant whose dismissal was set aside and the supreme court pointed out that the said rule has no application to cases in which the dismissal of a public servant is declared invalid by a civil court and he is reinstated. ..... air1968bom328 , a learned single judge of the bombay high court took the view that a claim for compensation under the workmens' compensation act does not abate on the death of the workman. 21. ..... some decisions arising under the industrial disputes act have also been brought to our notice in which courts have taken the view that a petition ..... 33c of the industrial dispute act or under the workmens' compensation act or an application for a reference made ..... 33-c(2) or an application under the workmens' compensation act being allowed to be proceeded with by the legal representatives, the same should be the view in the case of ..... of the adjudication of the civil courts is to declare that the appellant had been wrongfully prevented from attending to his duties as a public servant. ..... 1969 1 anwr .....
Tag this Judgment!Court : Chennai
Reported in : (1989)ILLJ269Mad
..... writ petition is not maintainable as the third respondent in not amenable to the jurisdiction of this court under article 226 of the constitution of india : 2) the provisions of the tamil nadu recognised private schools (regulation) act, 1973 are not applicable in entirety to the third respondent as it is a minority institution; and 3) the petitioner is virtually seeking a decree for specific performance of contract of service in this writ petition and such ..... aided school receiving 95% of expenses by way of grant from the public exchequer and whose employees have received the statutory protection under the 1969 act and who is subject to the regulations made by the education department of the union territory of chandigarh as also the appointment of headmaster to be valid must be approved by the director of public instruction, would certainly be amenable to the writ jurisdiction of the ..... the gauhati high court affirmed the judgment of the first appellate court holding that the director of public instruction acted wrongly in refusing to give approval to the appellant's appointment and as such, the order ..... . dealing with that contention this court found that the college was an institution recognised under the intermediate education act and was governed by the provisions of the act and the regulations made thereunder and that regulations 35 to 38 prescribed the procedure to be followed before the ..... as the headmaster in hajee mansoorsha oriental arabic high school, the correspondent of .....
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