Court : Chennai
Reported in : (1970)1MLJ95
..... .jayarama mudaliar died on 15th april, 1955. the 1st defendant defaulted to pay the annuity stipulated in the settlement deed and a sum of rs. 4,187 was due by him ..... contained the following condition also:the further condition of this settlement deed is that it shall be liable to be revoked by the settlor during his life-time and by his wife manikkammal if she survives the settlor in default of the payment of the annuity of rs. 1000 each to the settlor and his wife manikkammal as above mentioned ..... , revoked the settlement and called upon the 1st defendant by notices to deliver possession of the properties and to pay the arrears also. the 1st defendant paid rs. 2,500 upto a particular stage, but even thereafter he defaulted in payment of the amount. it is under such circumstances the 1st respondent herein filed o.s.no. 41 of 1961 .....
Tag this Judgment!Court : Chennai
Reported in : 2004(113)LC218(Madras)
..... exim policy in force under which the 2nd respondent is entitled to get the advance licence to import the goods and cleared them without payment of duty. without knowing the correct position, the settlement commissioner arrived at conclusion that the demand of interest by the department is contrary to law. questioning the order of the ..... for the second respondent, would contend that in the light of their conduct, and prompt payment prior to the search of the action thereon, there is no liability on their part to pay interest, and that the general proposition of the settlement commission that 'no interest is chargeable under the provisions of the customs act, 1962' ..... .7. in so far as interest is concerned, the settlement commission by referring notification 204/92-cus., dated 19.5.1991, arrived a conclusion that it does not lay down any condition requiring payment of interest in case of failure to fulfil the export obligations. the commission has also concluded that as per the said .....
Tag this Judgment!Court : Chennai
Reported in : AIR2001Mad36; 2001(75)ECC20; (2001)1MLJ188
..... not stated that he has obtained permission from reserve bank of india to hold immovable property as contemplated under section 31. the recitals in ex.a4 settlement deed contemplate actual possession of the properties by the trustee and maintaining there by keeping accounts. the plaintiff, as british citizen, cannot hold any immovable property ..... except with the previous general or special permission of the reserve bank acquire or hold or transfer or dispose of by sale, mortgage, lease, gift, settlement or otherwise any immovable property situate in india. therefore, it becomes clear from the said provision of law that a foreign national cannot hold any immovable ..... 1) and requiring a special permission under that sub-section for acquiring, or holding, or transferring, or disposing of, by sale, mortgage, lease, gift, settlement or otherwise any immovable property situate in india may make an application to the reserve bank in such form and containing such particulars as may be specified by .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad531; (1936)71MLJ118
..... of 14 villages and the other of 51 villages.2. in respect of the first group, the revenue officer published draft rent rolls on 21st june, 1924. the method of settlement followed by him was necessarily based on the prevailing system of rent collection in the estate (which differs considerably from that prevailing in other parts of the presidency) known as khostgutta ..... implying a choice open to the court between the two alternatives in every case. in case (b) i.e., if it finds that the land is not liable to the payment of rent, it shall declare that no rent is payable. likewise in case (a) if it finds that the relation of land-holder and ryot does not exist. on the ..... to fix a fair and equitable rent because in respect of the land there has been no settlement of rent at all.32. case (c) covers cases where the fair and equitable rent is noted but the land is entered as not liable to payment of rent. in such a case if the court finds the rent-free nature of the land .....
Tag this Judgment!Court : Chennai
Reported in : AIR1984Mad217
..... be conclusive in the matter of ownership.4. the purpose of enquiry under the act is only to effect a settlement, viz., to decide the assessment in respect of vie land and ensure the payment of such assessment to the state.5. there is no provision under the act to decide the disputes as to ..... ryotwar patta in their favour. but neither the commissioner, hindu religious and charitable & endowments, department madras, nor any trustee of the institution appeared. in fact, the settlement tahsildar in his order specifically noted: 'it is said that the hindu religious and charitable endowments board has since appointed a trustee, but no objection has been received'. ..... , in the decision in oduru chengulakshmamma v. duvvuru subramanya. reddy : [1980]1scr1006 . that provision read:'any person deeming himself aggrieved by any decision of the settlement officer, under sub-section (1) may within three months from the date of the decision or such further time as the tribunal may in its discretion allow, .....
Tag this Judgment!Court : Chennai
Reported in : (1956)1MLJ75
..... only a contingent interest and therefore was not entitled to redeem.2. the two points that arise therefore for determination are: whether the lower courts have properly construed the settlement deed, exhibit a-3, and whether the plaintiff is entitled to redeem. i am satisfied that on the construction of the recitals in the document the view taken by ..... in favour of the plaintiff for the amount of the mortgage decree subsisting on the property with which the decree was satisfied. it was held that though the mere payment of a mortgage-debt by a stranger will not entitle him to the mortgagee's rights by subrogation, yet under section 91 of the transfer of property act, the ..... had an interest in a mortgaged property within the meaning of sections 85 and 91 of the transfer of property act could be held to be interested in the payment of money due on a mortgage created by the last male owner. since the reversioner was a person interested in the preventing loss to the property in the circumstances .....
Tag this Judgment!Court : Chennai
Reported in : (1981)1MLJ171
..... any mode for the acceptance of a gift. the acceptance may take the form of the receiving of the original deed of settlement for the donee, the mutation of names in the public registers, the payment of taxes in the name of the donee, the receipt of rent from the tenants in possession of the property forming the ..... subject-matter of the gift, the proclamation of the settlement transaction by the donor and an acceptance by the donee of the correctness of ..... execution of the above said instrument, krishnammal continued to be in possession and enjoyment of all the lands. natarajan and dhanalakshmi did not at all accept the alleged settlement, nor did it come into operation.the above statement is nothing but a self-serving statement of damodaram pillai himself. the endorsement to the effect that krishnammal had .....
Tag this Judgment!Court : Chennai
Reported in : (1990)1MLJ342
..... upon the plaintiff/appellant. even according to exhibit a.1, the first defendant is prevented from alienating or relinquishing his interest in the trust properties given under the settlement deed exhibit a.1. when the father of the appellant expressed his inability to manage the trust properties, then the right to manage the trust properties is actually ..... applied for purposes for which the wakf was created. the plaintiff has no personal right of management. the allegation in the plaint that the balance of income after payment of arrears of property tax should be utilised for repairs of the settlor's house at angappa naicken street is not correct. the whole income of the suit property ..... which the rental income of the suit property was directed to be collected by the brother of the settlor by name yaseen sahib to be utilised for the payment of arrears of property tax relating to that property for a period of four years and the balance to be utilised towards the repairs of the house of .....
Tag this Judgment!Court : Chennai
Reported in : 29Ind.Cas.365
..... and the lack of information available regarding them, those responsible in 1803, the collector, the special committee and govenment, are not likely to have excluded from settlement the greater part of the income of a substantial estate, which they mentioned and of the circumstances of which they had some information (vide exhibits viii and ..... others. during the minority of defendant from 1889 till 1903 the obligation to attend was commuted by the agent in charge of his estate for a money payment, apparently without demur from his relatives. but on attaining majority, defendant, as already stated, having at first explained his absence on grounds of inconvenience, finally ..... itself. the objection that the dates in exhibits xxviii, xxviiia, xxviiib, and xxviiic are alleged to be inconsistent with one or other of the two hindu systems of chronology, according to which they are stated, has been established as regards at least exhibit xxviiic. exhibit xxviii scries was not produced by the grantees, .....
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Reported in : 2008(125)ECC132; 2008(151)LC132(Madras); 2008(222)ELT344(Mad); (2008)3MLJ473
..... provides for procedure on receipt of application under section 245c in kuldeep industries corporation v. income-tax officer reported in , and arrived at a conclusion that the settlement commission is vested with power to entertain an application only from a person, who bona fide misclassified the goods imported and disclosed the same to the department even ..... settled under section 127b of the customs act.7. on the other hand, the additional solicitor general appearing for the first respondent contended that the scheme of settlement, particularly, the provision under this chapter xiv-a would apply only to the bonafide importer, who admits the short levy on account of mis-classification or otherwise ..... and sought to evade the duty legally payable for clearance of the goods. the action of the appellant is nothing but smuggling the goods into india without payment of duty, which would not in any way come within the purview of section 127b or 127c. if the duty evaders like that of the appellant are .....
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