Court : Chennai
Decided on : Nov-19-1986
Reported in : AIR1988Mad42; (1987)IMLJ320
..... to set aside the sale if he purchases the property without such permission. the allahabad amendment dispensed this condition. because of this patent inconsistency s. 97(l) of the amending act is attracted. but, the case on hand is entirely different. order 21, rule 90 of the principal act is totally silent about imposing any precondition before an application to set aside the sale is ..... admitted, while the madras amendment provides imposing a precondition for furnishing security. the madras proviso is only .....
Tag this Judgment!Court : Chennai
Decided on : Nov-19-1986
Reported in : (1987)1MLJ320
..... to set aside the sale if he purchases the property without such permission. the allahabad amendment dispensed this condition. because of this patent inconsistency section 97(1) of the amending act is attracted. but, the case on hand is entirely different. order 21, rule 90 of the principal act is totally silent about imposing any pre-condition before an application to set aside the sale ..... is admitted, while the madras amendment provides for imposing a pre-condition for furnishing security. the madras .....
Tag this Judgment!Court : Chennai
Decided on : Jan-13-1986
Reported in : (1987)1MLJ189
..... the act, by the amending act 68 of 1984. prior to the amendment, section 3(a) of the act read as follows:the expression 'company' means a company registered under the indian companies act, 1882 or under the (english) companies acts, 1862 to 1890, or incorporated by an act of parliament of the united kingdom or by an indian law, or by royal charter or letters patent and includes ..... a society registered under the societies registration act, 1869, and a registered society with in the meaning of the co-operative societies act, 1912, or any other law relating to co-operative societies for the time being in force in any state.as per the amendment effected by act 68 of 1984, the relevant provisions .....
Tag this Judgment!Court : Chennai
Decided on : Mar-14-1986
Reported in : 1987(27)ELT64(Mad)
..... the state government may, after taking into account the cost of production of energy, and such other matters as may be prescribed, by notification, amend the provisions of the schedule to this act.' the state government had not published any notification and therefore the one factor which is indicated therein to be taken into account, is the cost ..... excise duty having been fixed at two per cent per unit, under the impugned act, the recovery of central excise surcharge is fixed at three paise per unit and, therefore, the recovery of one per cent in excess with retrospective effect is patently illegal. 4. on behalf of the second respondent, it is stated that as tamil ..... nadu act 29 of 1949 did not expressly provide for retrospective revision of tariff rates, tamil nadu act 1 of 1979 was enacted for the purpose of recovering the excise duty .....
Tag this Judgment!Court : Chennai
Decided on : Nov-19-1986
Reported in : AIR1988Mad1
..... they will have to :vest in the committee. respondents in their counter have admitted that rule 24 onwards of the rules were amended in 1979. the act came into force on 25-8-1 975. hence to prevent the registrar from having control over the properties, if they are ..... sundara lyer v. varada iyer; (1935) 69 m u 300 : air 1935 mad 855 the powers under cl. 15 of the letters patent are very wide. hence, the order passed on i5-10-1985 cannot prevent appellants in this appeal to canvass the points which they have ..... plea being raised, and which turned out to be a question of law, it was held that for the first time in letters patent appeal, such a point could be taken, even though it had not been raised either in the trial court or in the lower ..... 92 c.p.c. is a 'judgment' and as against it an appeal is maintainable, as contemplated under cl. 15 of the letters patent. merely because a sanction is granted, it does not mean that such a suit can be decreed. for the purposes of granting sanction, certain .....
Tag this Judgment!Court : Chennai
Decided on : Oct-15-1986
Reported in : AIR1987Mad248; [1989]65CompCas333(Mad); (1988)IMLJ45
..... related as father and son, and are admittedly agriculturists since it is patent that the loan had been granted for purchasing a tractor for agricultural operations.13. section 21-a has come into existence by way of an amendment to the banking regulation act, 1949, by the amendment:, act i of, 1984, with effect from 15-2-1984 only, evidently ..... of the rate of interest to 141/2 per cent by the respondent bank, from 23-7-1974. in this regard,. the usurious loans act, 1918, as amended by the tamil nadu amendment, act 8 of 1937, which gives the discretion to the court to scale down the interest may usefully be referred to and the relevant provision therein, ..... of 1937 in their application to farmers. section 21a would not interdict the, applicability of even the usurious loans act of 1918 as amended by madras amendment act 8 of 1937, and the usurious loans act of 1918 as amended by madras act 8 of 1937 still applies to the loan transactions entered by the banks with the farmers. it cannot be .....
Tag this Judgment!Court : Chennai
Decided on : Sep-17-1986
Reported in : AIR1987Mad161
..... permission from the land board for the retention of an extent of 1719-42 acres for the purpose of dairy farming and livestock breedings. the land ceilings act came to be subsequently amended by amending act 17 of 1970, which came into force on 15-2 -1970 and was also published in the gazette on 23-6-1970 and the notified date for ..... of lands, which, in the absence of guidelines, could be applied by it at its sweet will and pleasure resulting in patent discrimination. the respondents also put forth the plea that the provisions of the land ceilings act could not be applied to the lands in question, as after the entry of the public works department on 1-3-1972, ..... taking of possession would not be available to the government. adverting to the stand of the appellants that on and from the coming into force of the land ceilings amendment act 17 of 1970 with effect from 15-2-1970 the surplus lands automatically vested in the government, the learned judge was of the view that only on the publication .....
Tag this Judgment!Court : Chennai
Decided on : Feb-03-1986
Reported in : AIR1987Mad97
..... of 1973. it is important to notice that the whole s. 4 has undergone a change by virtue of the said amending act. before amendment. s. 4 of the act ran as follows:-'4. fixation of fair rent.- (1) the controller shall, on application by the tenant or the landlord of a building and after holding such inquiry as the ..... of 1973, as is obvious from the reference no. h. r. c. 1856 of 1979. the fact that s. 4 underwent an amendment by the amending act 23 of 1973 was apparently not brought to the notice of mr. justice gokulakrishnan as he then was in sherwood educational society v. hussainy begum namazie, (1985) 98 mad lw ..... for shops has been farmed out or leased by a municipal council or a pinhead union council or the municipal corporation of madras.thus, it is patent that the landlord for the purpose of the act need not be the owner of the building. for instance, to a sub-tenant his landlord is the chief-tenant of the building: in other words .....
Tag this Judgment!Court : Chennai
Decided on : Dec-09-1986
Reported in : (1987)2MLJ3
..... cases where the deposit had been made within 30 days, the sale can be set aside. therefore, according to the learned counsel, though article 127 of the limitation act has been amended, the time for deposit has not been changed and continues to be only 30 days and since that requirement has not been complied with, in this case, the ..... 166 and would therefore have overriding effect. in union of india v. ram kanwar : [1962]3scr313 , it was held that though the limitation act provided only a period of 20 days for filing a letters patent appeal, the high court rules provided for a limitation period of 30 days, and as such, the high court rule would constitute a special ..... law within the meaning of section 29(2) of the limitation act. in kausalya rani v. gopal singh : [1964]4scr982 , a private complainant filed .....
Tag this Judgment!Court : Chennai
Decided on : Mar-03-1986
Reported in : (1987)59CTR(Mad)231; [1987]165ITR710(Mad)
..... ; or(2) two acres of land for growing coconut and not falling under category (1).'according to the petitioner, the substitution brought about by the amendment act is violative of article 14 of the constitution of india. it is well-settled that whoever pleads discrimination must expose the relevant and convincing features in substantiation ..... the distinction regarding different topes of coconut-bearing trees, an element of unequal treatment is introduced. in yet another place, it is claimed that the amendment act has made inroads into the classification and has done away with the classification, referring to the classification of growing coconut by government source of irrigation or ..... to decide the basis of taxation and to alter it from time to time and unless it is conclusively substantiated before this court that the taxing act has patently transgressed the equality provision, there will be no room for striking down such legislation or the order passed on the basis of such legislation. .....
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