Court : Chennai
Reported in : AIR1954Mad500; (1953)IIMLJ550
..... multiply cases except to refer to the decision in c. m. p. no. 4127 of 1951 (mad) (g). there the constitutional validity of section 52 of the madras revenue recovery act ii of 1864 was questioned as contravening the equality claims. under that section:"all arrears of revenue other than land-revenue due to the ..... right claimed, the object to be achieved, the means employed and the limitations imposed. they should be fair and commensurate with the purposes aimed at. their validity should also be tested by another yardstick, namely, whether they were conceived and enacted in the interests of the general public."judged by the aforesaid decisions can ..... for enquiry of any sort before the judicial functionary, no question of discussion whether the commissioner's certificate is valid even though it should include properties that are strictly not religious endowments as defined in the act. the magistrate of first class has merely to execute the order of the commissioner embodied in the certificate; .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad657
..... prom the above examination of the smritis and commentaries, it is obvious that there are really two essential elements necessary to constitute a valid marriage under hindu law according to shastras; one a secular element, viz., gift of the bride or 'kanyadhana' in the four ..... above law and say that nothing is required to establish a valid marriage.37. the decision in 'ram rakni v. daulat ram', air 1926 lah 31 (i) (q) related to a case under the anand marriage act (act 7 of 1909) but it was pointed out by the ..... learned judge relying on 'lalchand v. mt. thakur devi', 49 pun be 1903 (r) that it was not necessary for the validity of a marriage by a khatri widow ..... act does not prescribe any particular form it is not obligatory upon the parties either to conform to hindu law or to establish any usage in that behalf and it is open to them by mere agreement followed by a declaration to bring about a valid .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad385; (1953)IIMLJ699
venkatarama aiyar, j. 1. these are applications filed under article 226of the constitution and they raise the question as to the validity of the madras hindu religious and charitable endowments act xix of 1951 hereinafter referred to as the act. the petitioners in w. p. no. 71 of 1952 are the hereditary uralans or trustees of the karikkat temple in malabar. on 2-2 ..... now to consider what reliefs could be granted to the petitioners. we have] held that the impugned act is not invalid, and: therefore the schemes framed under the repealed act, which are declared by section 103 (a) to be schemes framed under that act, will be valid. we have also held that the provisions in the schemes abridging the rights of the hereditary trustees .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad961; (1954)IIMLJ416
..... suit inasmuch as the second defendant was living outside its territorial limits and the properties too were not situate within the bombay presidency, and the decrees and orders validating act 5 of 1936 which enacted that no decree passed or order made by any of the high court of bengal, madras or bombay, in exercise of its ordinary ..... rational basis. the aforesaid discussion discloses that there was unanimity of opinion on the question that a private conveyance by the father to discharge an antecedent debt is valid, whether the debt fructified into a mortgage decree or not. it would be a clear and logical extension of that principle to hold that what the father can ..... all 596 (z21). therein the full bench laid down that if the sons instituted a suit against the mortgagee after the decree but before the sale, challenging the validity of the mortgage, and if in that suit the sons failed to establish that the debt was tainted with immorality and the mortgagee failed to establish legal necessity, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad1030
..... & sons.', air 1942 fc 33 (z30); - 'governor-general in council v. province of madras', air 1945 pc 93 (z31). then in republican india the validity of the sales-tax act has been impeached as being opposed to article 14 of the constitution of india and unconstitutional delegation of the taxing power by the legislature to the executive and ..... time of passing of tne property to the buyer'.28. therefore point (d) has got to be decided against plaintiffs.29. point (e): the validity of the several state sales-tax acts imposing a tax on sales had come up for consideration both before the republican india and after the republican india. (for a lucid discussion of this ..... matter in revision to the board of revenue and the board passed an order exempting sales by the plaintiffs on behalf of principals resident within the state by validating the licence retrospectively for the entire period on payment of a penalty of rs. 2000. with reference to sales other than those made on behalf of principals .....
Tag this Judgment!Court : Chennai
Reported in : (1956)1MLJ98
..... document, namely, the karar or any portion thereof. it cannot be said that if there is an outright partition such restraint on alienations can be held to be valid. attention is then invited to paragraph i5, where it is provided that on the death of the first defendant, kaveri, narasimha setti, her younger brother, the fourth ..... of the various shares to the respective sharers. it is stated that this state of things is the necessary result of the working of the madras aliyasantana act, 1949 (madras act ix of 1949) by which the division of the properties is to be in a very complicated manner. it would require the skill of statisticians and ..... . in other words, the property by consent of parties was taken out of the properties to be distributed as partible properties. section 36(6) of the aliyasantana act, 1949, only contemplates a distribution of all the distributable kutumba properties for separate and absolute enjoyment. in addition, even carrying technicalities to their uttermost extent, the d .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad100; 1955CriLJ452
..... ). resort to the latter method can be justified whenever there have been no significant changes between the dates of the enactment and enforcemet of the act. the principle that the validity of legislation depends on whether the legislature had reasonable grounds for its enactment has been framed with reference to cases employing the latter method: -- ..... to operate motor vehicles over a given route has been sustained: -- 'bradley v. public utilities commission', (1932) 53 s ct 577 (l). the validity or invalidity of classification cannot be determined without taking into account all the factors that have a natural and obvious relation to the purposes of the regulation in connection ..... in -- 'md. habibuddin v. govt. of hyderabad air 1953 hyd 157 (z14), relating to administration of evacuee property act (1950) it was held that it was not bad as it was based on valid classification and that territorial classification also is a good ground of classification. apart from this, it has been held by the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad288
..... theclaim of the alienor was barred on the date ofthe suit, the claim of the alienee will equally bebarred. this principle is embodied in article 136,limitation act which runs thus :description of suitperiod of limitation.time from which period begins to ran.by a purchaser at a private sale for pos-session of immoveable property ..... the alienee's right would also be lost.' though this was his main contention, he also put forward alternative contentions assuming that some article of the limitation act should apply.if article 144 is the article applicable, he contended that limitation will commence to run only when the alienee becomes entitled to possession of a ..... so for each of these two persons limitation for a suit for partition and possession would run from the respective dates. whether article 120 or article 144, limitation act is applicable, in either view, the suit would be barred. the learned district judge held that whether article 120 or 144 was the article applicable, the suits .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad135
..... suit has been filed for a declaration that the power of sale vested in the defendant society under section 69. transfer of property act and under the mortgage deed dated 6-12-1950 is not valid and for an injunction restraining the defendant from selling the properties on the ground that he is an agriculturist entitled to the benefits ..... the state. in --'md. habibuddin v. govt. of hyderabad', air 1953 hyd 157 (z18); relating to administration of evacuee property act (1950) it was held that it was not bad as it was based on valid classification and that territorial classification also it a good ground of classificationa part from this, it has been held by the supreme court ..... intended to be governed by the english law, the stipulation giving the mortgagee the power of sale was held valid: see the catena of decisions on page 1255 of vol . ii of the air commentaries under the transfer of property act. section 69 note 4. there is no express decision on the point of the calcutta and madras high .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad722
..... export across customs frontiers and the definition of customs frontiers is vested exclusively in the central legislature and detailed provisions have been made in the indian sea customs act, 1878, for the levy of customs duties by the officers of the central government who are stationed along the customs frontiers as defined by the central government ..... regard to the facts of the present case, it is not necessary to define exhaustively the scope of the revisional power under section 12(1) of the act or to consider whether it could enable the commercial tax officer to assess an escaped turnover. we are making this reservation particularly in view of the fact ..... north, called for and examined the record of the assessment order passed by the deputy commercial tax officer under section 12(1)(i), madras general sales-tax act and finding that certain sales effected by the assessees which had been disclosed in their accounts had been incorrectly treated as not liable to inclusion in their turnover, .....
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