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The Commissioner for Hindu Religious and Charitable Endowments Vs. G. ...

Court : Chennai

Reported in : (1987)2MLJ403

..... the performance of any service or charity of a public nature connected therewith or of any other 'religious endowment' or 'endowment' within the meaning of this definition, notwithstanding that, before or after the date of the commencement of this act, the religious institution has ceased to exist or ceased to be used as a place of religious worship or instruction or the service or charity has ceased to be performed.provided that this explanation shall not be deemed to apply in ..... - where the headquarters of a math are outside the state but the math has properties situated within the state, control shall be exercised over the math in accordance with the provisions of this act, in so far as the properties of the math situated within the state are concerned;'section 6(17) 'religious endowment' or 'endowment' means all property belonging to or given or endowed for the support of maths ..... and the appeal herein in the light of the evidence available on record, both oral and documentary, let us first deal with the preliminary objection taken under order 41 - rule 22 of the code of civil procedure; and order 9 - rule 13 of the code of civil procedure in this case wherein one of the defendants contended that the 'institution' is not a place of worship. ..... endowments, madras (1972) 85 ..... plaintiff for faslis 1378,1379, 1380 and 1381 respectively dated 19-2 - 1969, 14-5-1969, 14-5-1969, 19-4-1970, 27-6-1970, 27-6-1970, 1-2-1971, 8-5-1971, 20-5-1971, 22-5-1971, 22-5-1971, 28-5-1971, 28-5-1971 and 1-2-1972; ex. .....

P.K.N. Abdul Mazid Vs. the State of Madras and ors.

Court : Chennai

Reported in : AIR1957Mad551

..... to insist upon a fresh application after january 1956, to cure the defect in the grant of a licence to which the third respondent was entitled under the rules arid the instructions issued by the government under rule 2 (2) in january 1956 would, in the circumstances of this case, savour o technicalities being allowed to prevail against the right to which the third respondent was entitled after january ..... to set out two possible views, because the learned judge proceeded to say:'assuming this to be so, it has yet to be seen whether the state government acted in excess of its legal authority'.it is not necessary for me to examine now what precisely the position is under the motor vehicles act, which, at least with reference to the grant of permits, specifically provides for an element of selection among the applicants for the permits.13. ..... really the nature of the statutory function discharged by the statutory authority that should determine whether the act in question was merely administrative or whether the exercise of the statutory power was quasi-judicial ..... rules were amended by the central government in exercise of the powers conferred on it by the essentials commodities act, 1955 (act ..... the view that where statutory rules prescribe a licence as in this case, as a condition precedent to this exercise by a person of his right to engage himself in a business of his choice, the grant or refusal of the licence by the licensing authority cannot be viewed merely as an administrative act. .....

C. Hariprasad Vs. G. Vasantha Pai

Court : Chennai

Reported in : AIR1966Mad136; 1966CriLJ421; (1965)2MLJ559

..... now, we proceed to extract rules 1, 2 and 3 of the 1956 rules under the contempt of courts act, which will be relevant for our consideration in this case: '1(a) ..... in other words, the rules under order 19 will apply only where the 1956 rules under the contempt of courts act, do not provide otherwise. ..... he argued that the procedure established by law would be the procedure indicated in the rules framed by the high court in exercise of its powers under article 225 of the constitution, and such rules include the 1956 rules to which we have made reference, framed under the contempt of courts act. ..... the effect of this provision is that the operation of the rules contained in order 19, will be controlled by the rules framed under the contempt of courts act in 1956. ..... the rules which this high court framed in 1956 under the contempt of courts act, purport to regulate proceedings for contempt of subordinate courts as well as of the high court, other than proceedings under order 19 of the rules of the high court, original side, 1956 ..... according to him, the present application was not filed in strict conformity with the rules framed by the high court under the contempt of courts act, 1952 dated 28-9-1956. ..... the 1956 rules referred to above under the contempt of courts act, will apply therefore for the purpose of the present ..... this rule appears also to cover the exercise of the inherent powers of the high court which existed even before that act, as a court of record, to deal with contempt of .....

Kumaraswami Gounder and ors. Vs. D.R. Nanjappa Gounder (Dead) and ors.

Court : Chennai

Reported in : AIR1978Mad285

..... to give effect to the popular desire to prefer the closer relatives of the deceased such as those mentioned in class i and class ii of the schedule.having provided for such a devolution of the property of a male hindu dying intestate, rules also have been prescribed by the nest five sections relating to the order of succession among the heirs in the schedule, distribution of property among heirs of class i and class ii, the order of succession among agnates or cognates ..... can it be said, that, in spite of it, by reason of the succession opening by the death of the widow after the act came into force and of the rule of hindu law, that the particular reversioners entitled to succeed to the estate must be ascertained as on the date of her death as if her husband also had died on the same date, section 8 would have a further application? ..... they would allege that the title of kaliammal and her successors-in-interest stands extinguished by the operation of section 27, limitation act 1963 and on that ground alone, the plaintiffs and the first defendant are entitled to the suit properties as being the next in the line of succession. ..... yet it visualises that any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of the act would still have force, if for any matter provision was not made in the act and also any other law not inconsistent with any of the provisions of the act, may continue to have force. .....

T.P. Sundaralingam Vs. the State of Madras and ors.

Court : Chennai

Reported in : AIR1971Mad245

..... available from a neighbouring locality 'y' from which it could conveniently for purposes of milling, be transported to 'x' locality which has power for running a rice mill unlike at 'y', there is nothing in section 5 or the rules which forbids grant of permit for establishment of a rice mill at 'x', the number of rice mills operating in the locality, and the availability of paddy in such locality, should of course, receive due consideration. ..... there is no rice mill in mela tiruchendur panchayat is no ground for granting a permit to the first respondent as the word 'locality' used in the several clause of section 5(4) of the act cannot be equated to a panchayat area clause (b) of section 5(4) of the act referring to the availability of paddy in the locality clearly gives an indication that the word locality should be so construed as to include the area which is sought to be served by the proposed rice ..... the licensing authority has applied its mills operating in the locality, and the availability of paddy in the locality along with other circumstances if any, mentioned in section 5(4) and rule 3(2) and brought out by the investigation, and decides to grant a permit, it does not call for quashing on the ground that the paddy is just sufficiency, or ..... the merits of all these matters, the true scope and effect of the act and the rules framed thereunder, particularly of section 5, should be examined.2. ..... central government, enforces the provisions of the act and the rules made thereunder. .....

Madras Steel Re-rollers Association Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2001(129)ELT316(Mad)

..... further, as stated earlier, prima facie i am of the view that the very idea of introducing section 3a in the central excise act and in order to fulfil the said object, rule 5 of the rules was introduced, i am not impressed with the factual details furnished by the learned senior counsel for the petitioners.8. ..... as stated earlier, though the three senior counsels exhaustively argued in order to continue the interim injunction and stay till the disposal of the writ petitions, after going through the impugned rule as well as other provisions from the act and the stay order granted by the delhi high court with regard to notification no. ..... according to them, section of the act prescribes levy of excise duty based on annual capacity of production, whereas rule 5 prescribes levy of excise duty based on actual production of the mill during 1996-97. ..... by introduction of the new system under section 3a of the act read with rules, an assessee has to pay excise duty on the annual production capacity so determined and arrived at basing on the formula prescribed under the said rules read with rule 5. ..... the central excise rules framed under the powers vested under section 37 of the act prescribe the procedures, forms, etc. ..... it is stated that a rule cannot go contrary to the act and it has to coincide section 3a. ..... 45/97-central excise (nt), dated 30-8-1997, as ultra vires and contrary to section 3a of the central excise act, 1944 and to sub-rule (3) of the said rules. .....

In Re: V. Narayana Iyer

Court : Chennai

Reported in : 140Ind.Cas.260

..... in the prevention of adulteration act, there is no provision, as in some other acts, for example, the factories act and motor vehicles act, that rules when framed shall take effect 'as if enacted in the ..... milk no doubt falls within the definition, or rather the interpretation, of the term food which is given in section 2 of the act as follows:food includes every article (other than drugs or water) used by man for food or drink, and all materials used or admixed in the composition or preparation of such article, and shall also ..... 20 of the act which gives power to make rules begins a so follows:the local government may after previous publication make rules consistent with this act for the whole or any part of the area to which this act may have been ..... , and as i think with considerable force, that the rules framed in the exercise of this power can only be applied to any particular area after the act has been brought into force in that area. ..... only provides that rule may in certain cases be framed before the act comes into force but shall not take effect until the act itself is put into ..... that section 6 of the general clauses act, does not provide for the application to one area of rules framed for another area.7. ..... by rules framed under section 20(d) of the act the local government prescribed the manner in which the notice of addition, admixture or deficiency should be given xo the purchaser of any ..... by rules framed under section 20(e) of the act the local government prescribed a standard of .....

T. Velappan Vs. Superintendent of Central Excise and anr.

Court : Chennai

Reported in : 1984(15)ELT330(Mad)

..... therefore, unless the notice under section 9(1) of the act as prescribed by rule 5 contains those particulars, the petitioner will not be in a position to challenge the correctness of the same, if he is so advised, by filing ..... i have already extracted rule 5 of the rules providing for the form of notice contemplated by section 9(1) of the act, which should be served on a person like the petitioner, after which alone, the petitioner could prefer ..... in the present case, admittedly no notice in the form prescribed by rule 5 has been issued to the petitioner herein and the only notice which has been sent to the petitioner is one containing the total amount referable to the different periods by way of cess said to be ..... rule 5 of the rules states-'the notice referred to in sub-section (1) of section 9 shall contain separately the total quantity of produce consumed or oils extracted, on the basis of which the cess is leviable, the amount of cess assessed, the amount paid and the amount due arid shall include a statement that in the event of the cess not being paid, action will be taken under the provisions of the act ..... as i have pointed out already, the second schedule to the act itself has prescribed the rate of cess and consequently the dispute, if at all, could relate only to the total quantity of produce consumed ..... rules, 1969, have been made under section 20 of the act. ..... notice actually issued to the petitioner does not satisfy the requirements of rule 5 and therefore cannot be sustained. .....

Commissioner of Income-tax, Tamil Nadu-iv Vs. Mother India Fire and Ge ...

Court : Chennai

Reported in : (1980)15CTR(Mad)221; [1980]123ITR477(Mad)

..... of the word 'investment' has been given in the chamber's xx century dictionary, as 'an act of investing, any placing of money to secure income or profits, that in which money ..... the tribunal's view that the expression 'investment' contemplated in rule 5(b) would include the fixed deposit made by the assessee ..... 'the profits and gains of any business of insurance other than life insurance shall be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938 (4 of 1938), to be furnished to the controller of insurance, subject to the following adjustments :-...... ..... as the word 'investment' has not been comprehensively defined in the act, t should be understood in its ordinary and popular sense or in the sense in which it is ..... act provides that notwithstanding anything to the contrary contained in the provisions of this act relating to the computation of income chargeable under the various heads, the profits and gains of any business of insurance should be computed in accordance with the rules ..... 140) : 'the word investment, though it primarily means the act of investing, is in common use meaning that which is thereby acquired; and the primary meaning of the transitive verb 'to invest' is to lay out money in the acquisition of some ..... act would cover the fixed deposit also and that as the deposit made by the assessee with the mills became irrecoverable, the amount claimed was an admissible deduction under the said rule .....

The President, Gangaikondan. Vs. the Chief Engineer

Court : Chennai

..... any steps like installing, operating, commissioning their wind mills within the gangaikondan panchayat jurisdiction, tirunelveli district without getting permission of gangaikondan panchayat in terms of the provisions of the tamil nadu panchayats act, 1994 and the rules framed thereunder.though the petitioner has impleaded the official respondents, the relief that has been sought for is only against the fifth respondent.7. ..... without getting prior approval of building plan as per the tamil nadu panchayats building rules, 1997 and without obtaining sanction under section 159 of the act, the fifth respondent is erecting totally 7 wind mills within the gangaikondan panchayat area ..... hence, i am of the considered view that till the rules are framed as required under section 159 of the act, the petitioner cannot insist that the fifth respondent has to get license from him for erection of ..... steps like installing, operating, commissioning their wind mills within the gangaikondan panchayat jurisdiction, tirunelveli district, without getting permission from gangaikondan panchayat in terms of the provisions of the tamil nadu panchayats act, 1994, [for brevity, the act] and the rules framed thereunder.2. ..... any steps like installing, operating, commissioning their wind mills within the gangaikondan panchayat jurisdiction, tirunelveli district without getting permission of gangaikondan panchayat in terms of the provisions of the tamil nadu panchayat act, 1994 and the rules framed thereunder.order1. .....