Judgment Search Results Home > Cases Phrase: local authorities loans act 1914 Sorted by: old Court: chennai Page 1 of about 9,508 results (0.111 seconds)

N. Chenniappan and ors. Vs. the Government of Tamil Nadu, Represented ...

Court : Chennai

Reported in : (1980)2MLJ224

..... he referred to section 158 of the housing board act, which provides that the board shall be deemed to be a local authority for the purposes of the land acquisition act, 1894, and the local authorities loans act, 1914, but contended that the fiction created under this provision of deeming the board as a local authority shall be restricted in its application to the extent that the acquisition without a contribution from the public funds could be valid, ..... purpose of deeming the board to be a local authority for the purposes of the land acquisition act, will be defeated if this limited construction ..... i may also add that the act has received the assent of the president and therefore, the deeming provision shall prevail oven the definition of local authority' in section 3(31) of the general clauses ac, 1897, as held ..... fiction was created was in order to enable the acquisition of lands for the purposes of the housing board under the normal provisions of the land acquisition act, because, if it were otherwise, there was no need for deeming the board as a local authority for the purposes of the land acquisition act. ..... had notice of the acquisition proceedings and should have taken part in the enquiry on 18th june, 1973 and if, knowing full well that the land had been notified under section 4(1) of the act, she had sold the property on 14th june, 1973, the petitioner shall also be deemed to have knowledge of the acquisition proceedings and, if he wanted to object to the acquisition he should .....

The Special Tahsildar, L.A., Neighbourhood Scheme and ors. Vs. Lakshmi ...

Court : Chennai

Reported in : (1997)2MLJ25

..... he referred to section 158 of the housing board act, which provides that the board shall be deemed to be a local authority for the purposes of the land acquisition act, 1894 and the local authorities loans act, 1914 but contended that the fiction created under this provision of deeming the board as a local authority shall be restricted in its application to the extent that the acquisition without a contribution from the public fund could be valid, but the acquisition itself has to be under part vii. ..... it was been specifically pointed out in section 158 of the tamil nadu housing board act that the tamil nadu housing board shall be deemed to be a local authority for the purposes of the land acquisition act, 1894 and the local authorities loans act, 1914. ..... i may also add that the act has received the assent of the president and therefore the deeming provision shall prevail over the definition of local authority in section 3(31) of the general clauses act, 1897 as held in the decision of the supreme court in valjikhai v. ..... the very purpose of deeming the board to be a local authority for the purposes of the land acquisition act will be defeated if this limit of construction of the deeming provision is to be made. .....

K.Rakkianna Gounder Vs. Government of Tamil Nadu

Court : Chennai

..... act makes it very clear that the board shall be deemed to be a local authority for the purposes of the land acquisition act, 1894, and the local authorities loans act, 1914 ..... in this appeal are :- (i) whether there is a scheme approved by the firs.respondent; (ii) if so, is it in accordance with law; (iii) whether any prior approval is required before the issuance of notification under section 4(1) of the act or not; (iv) whether the prior approval is mandatory or discretionary; and (v) whether the housing board is a local authority or a corporation under the land acquisition act, 1894. 5.2. ..... case of the respondents themselves that the third respondent is not a local authority under the land acquisition act, 1894. ..... in holding that the third respondent would indeed be a local authority under the land acquisition act, 1894. ..... said two provisions read with section 3 (aa) and (cc) of the land acquisition act, 1894, would lead no room for any other possible interpretation except to hold that the tamil nadu housing board is a local authority. ..... state housing board act, 1961, describes the housing board to be a ".local authority". ..... the tamil nadu housing board is deemed to be a ".local authority". ..... ".local authority" ..... reasons assigned by the learned single judge holding that no prior approval is required before passing a preliminary notification under section 4(1) of the act cannot be sustained, in the same line, we are of the view that this issue is also not necessary for deciding the appeal. .....

The Secretary of State for India Vs. Nilamekam Pillai

Court : Chennai

Reported in : (1883)ILR6Mad406

..... on a person who seeks to obtain a guarantee from a surety, for the contract of suretyship was made by the respondent before the act came into force, nor is it necessary for us to pronounce what is the construction to be placed on the term 'material circumstances' in section 143 of the contract act, but we may point out that to justify the application of the rule enacted by the section, it must be proved not only that ..... any contract is vitiated by fraud; and fraud in a legal sense includes deceit occasioned however innocently by silence, where to use the language of the contract act 'it is the duty of the person keeping silence to speak,'' or where 'his silence is in itself equivalent to speech,' but ordinarily 'mere silence as to facts likely to affect the willingness of a person to enter into a ..... material fact, that it was incumbent on the revenue authorities to disclose it, and that by their omission to ..... that the revenue authorities had not; informed the respondent that mahalingam pillai had become a defaulter on the occasion of the first sale, and that this silence on the, part of the revenue authorities rendered the contract ..... 934 are also authorities for the proposition that silence, amounting to a fraudulent misrepresentation of circumstances, which would affect the willingness ..... previous sale failed to furnish security was not a circumstance which the revenue authorities were bound to disclose.6. ..... declared in english cases was applicable and held on the authority of hamilton v. .....

Purushottama Vs. Municipal Council of Bellary

Court : Chennai

Reported in : (1891)ILR14Mad467

..... ) on the question whether the municipal authorities can legally distrain the doors of a house of a defaulter under the first portion of clause (1) of section 103 of the madras district municipalities act iv of 1884. ..... the tax is an annual one and the language of section 51 of act iii of 1871 appears to us to show that an annual notice was intended.4. ..... it was first contended that under section 110 of act iv of 1884 the power of distraint could only be exercised in respect of an arrear which had accrued due within one year. .....

Chinnammal and anr. Vs. Varadarajulu and anr.

Court : Chennai

Reported in : (1892)ILR15Mad307

..... admittedly the defendant was registered as the shrotriemdar by the revenue authorities soon after the death of the late shrotriemdar thanappa naicker, but this would neither give him the legal title nor put him in possession of the lands. ..... kist would only be received by the revenue authorities from the registered shrotriemdar, so that the payment of kist would not carry the matter any further than the registration of the shrotriem in the name of the defendant. ..... 334 and to that extent the authority of that madras case is shaken by the privy council decision, but that does not affect the doctrine established by the madras cases as to the right of the widow to at least half when the deceased has left no ..... 334 is an authority for the proposition that the widow excludes the illegitimate son altogether, but we do not consider that such was the effect of that decision. ..... the authorities as to the respective rights of a widow and an illegitimate son are somewhat conflicting, but the following appears to be the general result so far as they are agreed. ..... and we think there is nothing in the language of the proviso to section 42 of the specific relief act to prevent the court passing a declaratory decree in this case. ..... we are unable to agree with the district judge that the plaintiffs are precluded from obtaining a declaratory decree by the proviso to section 42 of the specific belief act. .....

Veeramma Vs. Abbiah and anr.

Court : Chennai

Reported in : (1895)ILR18Mad99

..... the conclusion i come to, both on the construction of section 6 of act xv of 1877 and on authority, is that the general provisions of the last-mentioned act modifying the operation of special or local acts, unless they are complete codes in themselves, are not on that ground affected by the general act of limitations.15. ..... these cases were decided with reference to act xiv of 1859, section 3 of which is subtantially the same as section 6 of the present limitation act, and they are authorities for the proposition that, when the act to be modified by section 6 is of a very special kind, complete in itself, and it does not admit of the several provisions of the limitation act being imported into it without incongruity and without defeating the intention of the legislature, it is not controlled by the general ..... i am unable to find any similar english case and this want of authority is, i think, significant, as there arc several statutes relating to public bodies and official acts prescribing special rules of limitation and not providing for disabilities (see darby and bosanqnet's treatise on limitation ..... of legislation also discloses an intention to limit the operation of special or local laws, as a general rule, to the periods mentioned therein, unless they are codes complete in themselves, and to restore act xiv of 1859 which confined their operation to the short periods prescribed and to repeal act ix of 1871 which excluded all provisions of the general law of limitations.14 .....

Queen -empress Vs. Tiruchittambala Pathan

Court : Chennai

Reported in : (1898)ILR21Mad78

..... now, supposing that the plate did, in fact, belong to the accused himself as urged by him, the question is whether that circumstance alone rendered the seizure by the amin an act done without ' lawful authority,' within the meaning of section 183 of the indian penal code, so as to make the alleged resistance on the part of the accused permissible in law.7. ..... for this view are that the likelihood of serious injury resulting from such acts (excepting those tending to cause apprehension of death or grievous hurt) of persons clothed with public authority and subject to public responsibility is so small that the parties, whose rights are thus invaded, would be sufficiently protected by their being left to obtain redress solely by appealing to the constituted authorities in due course and that, in such cases, to secure an easy and peaceful execution ..... the question is whether the seizure of the goods was an act done by the lawful authority of a public servant within the meaning of section 183. ..... if, on the other hand, the act of the public servant; is an act of the kind which the public servant is authorized to do, it is clear that no miscarriage on his part, due to an honest mistake of fact, could render him liable to a prosecution. ..... in such case, he could not be acting in discharge of his public functions ( sections 186-353 and the lawful authority required by section 183 would be clearly wanting. .....

Venkatanarasimha Naidu Vs. Dandamudi Kotayya

Court : Chennai

Reported in : (1897)ILR20Mad299

..... in support of the view that there is no substantial analogy between an english tenant and an indian ryot it is enough to cite the high authority of sir thomas munro writing in 1824, he observes 'the raiyat is certainly not like the landlord of england, but neither is he like the english tenant '(arbuthnot's ' selections from the minutes of sir t. ..... 254), and like the latter raiyat the former raiyat, in the absence of proof of contract or of special or local usage to the contrary, is entitled to occupy his lands so long as he pays what is due, and if he should commit any default in this or other respect, until he is evicted by the processes provided by law.7. ..... according to the best native authorities, such rights were generally acquired by cultivators entering upon land, improving it, and making it productive. ..... section 106 of the transfer of property act, to which reference was made on behalf of the plaintiff, does not apply to the case. ..... origin and duration, or that the kudivaram right vested in the mittadar (the then plaintiff) at any time, entitles the tenant to the right of occupancy for the purpose of cultivation determinable on the conditions prescribed by (madras) act viii of 1865. .....

Sundaram Aiyar Vs. the Madura Municipal Council

Court : Chennai

Reported in : (1902)12MLJ37

..... the indian law of limitation has from the commencement been more comprehensive than the english statutes, and the recent amendment of the indian law of limitation by act xi of 1900, (which provides a period of 30 years from the date of dispossession or discontinuance for a suit by or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession) seems to me to be now decisive on the question ..... it was held that under the provision of the public health act, 1875, the local authority cannot, in the absence of special damage, sue in respect of a public nuisance, except by an action in the nature of an information with the sanction if the attorney-general) was it sought to sustain the suit on the ground that under section 149 of the act, streets were vested in the local authority and that it was therefore competent for the local authority to maintain the suit in its own name. ..... second appeal it is necessary to remit the following issues for trial by the lower appellate court:(a) when and by whom was the street in question dedicated as a highway to the public and when was it first vested in any 'local authority' as that expression is defined in section 3, c1ause 28 of the general clauses act (x of 1897) and when and by whom was the drain in question, formed and when was it vested 'in a local authority? .....