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D. Namasivaya Mudaliar and ors. Vs. the State of Madras, Through the R ...

Court : Chennai

Reported in : AIR1959Mad548

..... the learned advocate general next said that government have made elaborate provisions for resettling the villagers whose lands and homesteads might be acquired, that various concessions have been provided for them in that regard, and that the persons who have put up buildings, or several of them ..... judge then referred to the decision of the supreme court, which we have already cited, and ended;'these observations apply to the provisos to section 7(1)(e) of act 60 of 1948 with equal force and applying the principle laid down by their lordships i must hold that provisos to section 7(1)(c) are ultra vires the constitution. ..... example the property that is being acquired is a tea or coffee garden, or a plantation consisting of teak or other valuable hardwood trees, the principles, if any, laid down in the act must include provision for compensaition in respect of the tea or coffee bushes and the timber -- though they need not be separately valued. ..... said all this, and, after making every permissible allowance for genuine differences of opinion, it must still be possible to say that what the act provides is compensation, and when, as we have already explained, the stage is reached when it becomes honestly impossible to say that the conclusion must follow thatthe act does not provide for payment of compensation and therefore does not conform to the requirements of clause (2) of article 31.47. ..... in 1948 an act called the resettlement of displaced persons (land acquisition) act was passed by the .....

D. Namasivaya Mudaliar and ors. Vs. State of Madras by Revenue Divisio ...

Court : Chennai

Reported in : (1959)2MLJ402

..... in 1948, an act called the resettlement of displaced persons (land acquisition) act was passed by the ..... judge then referred to the decision of the supreme court, which we have already cited and ended:these observations apply to the provisos to section 7(1)(e) of act lx of 1948 with equal force and applying the principle laid down by their lordships i must hold that provisos to section 7(1)(e) are ultra vires the constitution ..... the learned advocate-general next said that government have made elaborate provisions for resettling the villagers whose lands and homesteads might be acquired, that various concessions have been provided for them in that regard, and that the persons who have put up buildings, or several of them, ..... this, and, after making every permissible allowance for genuine differences of opinion, it must still be possible to say that what the act provides is compensation, and, when as we have already explained, the stage is reached when it becomes honestly impossible to say that, the conclusion must follow that the act does not provide for payment of compensation and therefore does not conform to the requirements of clause (2) of article45 instead of itself ..... the property that is being acquired is a tea or coffee-garden, or a plantation consisting of teak or other valuable hard-wood trees, the principles, if any, laid down in the act must include provision for compensation in respect of the tea or coffee bushes and the timber--though they need not be separately valued. .....

Mahender Goyal Vs. M/S. Kadamba International, Represented by Its Prop ...

Court : Chennai

..... bhaskarans case (cited supra) and clarified that mere issuance of notice from a particular place will not give rise to a cause of action for prosecution under section 138 of the negotiable instruments act and instead it is the place where the notice is received by the accused which alone gives rise to a part of cause of action. 11. ..... (supra) the territorial jurisdiction has now been resettled to (a) where the cheque has been issued (2) where the cheque has been returned by the drawee bank and (3) where the notice ..... to the drawee-bank within the period specified in the section would absolve the person issuing the cheque of his criminal liability under section 138 of the act, who shall otherwise may be liable to pay the cheque amount to the payee in a civil action initiated under the law. ..... ) therefore, the courts which has jurisdiction, to the offence under section 138 of the act shall be (1) the place where the cheque has been dam(sic) issued; (2) the place where the cheque returned unpaid by the drawee bank; (3) the place where, the ..... relating to territorial jurisdiction of court trying an offence under section 138 of the negotiable instruments act came up for consideration before a coram of two honble judges in harman electronics (p) ltd. ..... "the bank" referred to in clause (a) to the proviso to section 138 of the act would mean the drawee-bank on which the cheque is drawn and not all banks where the cheque is presented for collection including the bank of the payee, in whose favour .....

Padmavathi Vs. 1.Government of Tamil Nadu,

Court : Chennai

..... batch of cases, the challenge is only to g.o.ms.no.179, dated 10.10.2013 on the ground that after the passing of the right to fair compensation and transparence in land acquisition, rehabilitation and resettlement act, 2013, proposal of the government under the provision of the state act is without jurisdiction and illegal. ..... according to them, the government published a notice under section 3(2) of tamil nadu acquisition of land for industrial purposes act, 1997 (tamil nadu act 10 of 1999) (hereinafter referred to as the act) calling upon the land owners and any another persons, who in the opinion of the government may be interested in such land which is proposed to be acquired, to show cause why the land should ..... further, they would contend that the question of challenging the notification issued under sections 3(1) and 4(1) of the act does not arise as at the initial point of time itself they have challenged the very notice and any notice further made pending adjudication of the writ petition will ..... the petitioner have not challenged the notifications issued under sections 3(1) and 4(2) of the act, the present writ petitions are not maintainable and the respondents prayed for dismissal of ..... circumstances, unless the petitioner challenges the subsequent notification issued under the state act, the question of granting stay of the impugned government order does not ..... and 4398 of 2014, the notice under section 3(1) of the act was issued therefore, they need not challenge the same, is .....

K. Ponnammal and Others Vs. The State of Tamil Nadu, Rep. by Secretary ...

Court : Chennai

..... parliament has already passed the new enactment, the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and act 30 of 2013 which came into force on 01.01.2014 and by virtue of the new enactment, the proceedings initiated under the old act has lapsed. ..... papers and the views of this court as expressed above, the writ petition is allowed and consequently this court declares the land acquisition proceedings initiated under the land acquisition act, 1894 in respect of the petitioners' land comprised in survey no.27/4, measuring about 80 cents, of nerkundram village, saidapet taluk, thiruvallur district, as lapsed. ..... it is submitted that the third respondent by his notice of award passed under section 12(2) of the old act informed the said kasiviswanathan, the husband of the first petitioner and father of the other petitioners as follows: "he is hereby informed that the said sum of money will be kept in revenue deposit ..... the third respondent, after acquiring the land under the old act, after strictly adhering to legal formalities had acquired the lands and it was ..... the second respondent's office had issued a notice of eviction under the tamil nadu public premises act to one neela, who is the authorized tenant of the subject land. ..... since they are staying under the permissions of the petitioners, the petitioners also gave an objection stating that invocation of section 4 of the said act is totally without jurisdiction and lacks bonafides. .....

The Tamilnadu Housing Board, Rep. by its Chairman, Nandanam, Chennai V ...

Court : Chennai

..... petitioner / first respondent, they continued in possession and thus, sought to avail of the consequences of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (hereinafter referred to as 'the 2013 act'), though that position was sought to be disputed by the learned counsel for the appellant in view of the state ordinance issued in that behalf. ..... the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in ..... case, the appellant is still desirous of obtaining the land by taking recourse to the provisions to acquire the land under the 2013 act, they may do so within a period of two (2) months from today, failing which the land with possession shall vest with ..... (2)notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and .....

V.Geetha Rani Vs. D.Dhamodahr

Court : Chennai

..... , this court has held as follows:- ".case note: criminal - jurisdiction - section 138 of negotiable instruments act, 1882 - petitions filed against cognizance taken by magistrate under section 138 of act - whether territorial jurisdiction lies at judicial magistrate where complaint was filed - held, in k.bhaskaran versus sankaran vaidhyan balan and anr, supreme court held that territorial jurisdiction had been resettled to where cheque had been issued, where cheque had been returned by drawee bank ..... carried on at jurisdiction of present trial court - following ratio laid down in above matter, court was of view that courts at other place alone was having territorial jurisdiction for trial of alleged offence under section 138 of act - petitions disposed of by directing respondent to withdraw complaints within four weeks and present same before courts at other place which had territorial jurisdiction within four weeks thereafter.". ..... ".12.in the judgment reported in (2013)10 scc72 in the case of nishant aggarwal and versus kailash kumar sharma, it has been held as follows:- ".section 138 of the ni act was interpreted in the light of sections 177, 178 and 179 cr.p.c in k.bhaskaran, (1999).scc510and it was laid down that section 138 ni act has five components, namely (1)drawing of the cheque; (ii)presentation of the cheque to the bank; (iii)returning the cheque unpaid by drawee bank; (iv)giving notice .....

1.L.Jothilingam Vs. 1.The Revenue Divisional officer,

Court : Chennai

..... rough slr copy and after the completion of the settlement process in the year 1921, the entire extent of 47 acres of land were classified only as 'government poromboke' as 'pudukulam tank' and that 'madras estates land act, sub-section (16) of section 3, 'ryoti land' means cultivable land in estate other than private land, but does not include (a) beds and bunds of tanks and of supply, drainage, surplus or irrigation channels and hence, while ..... further, the petitioners herein have requested computer chitta with respect of an extent of 3.37 acres of land, whereas, they were not given patta at the time of resettlement. ..... hence, re-settlement was taken up under madras act 1908 and completed with the printing of 'a register' dated 25.08.1921. ..... (md).no.14839 of 2011, which was disposed of, by this court, on 01.03.2012, with a direction to work out their remedy under section 10(3) of the tamil nadu patta pass book act before the appellate authority. ..... grandfathers r.sakkana thevar and k.veerandi konar, names were found and the extract was issued by the office of the district collector, madurai and as such, it is a public document, within the meaning of section 35 of the evidence act.3. .....

The Tamil Nadu Housing Board, rep by its Managing Director and Another ...

Court : Chennai

..... initiated by the respondents therein has been lapsed on the operation of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (for short the act, 2013 ). ..... said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified ..... housing board is directed against the order dated 23rd june, 2014 made in w.p.no.14638 of 2014, which was filed by the writ petitioner therein, seeking to declare the land acquisition proceedings initiated under the old act, 1894 in respect of the lands admeasuring to an extent of 0.56.5 hectares in s.f.no.532/2 and 0.37.0 hectares in s.f.no.533/2 situated in vellakinar village, which was acquired by the state under award no.5/1994 dated ..... order of the learned single judge dated 23rd june, 2014 made in w.p.no.14620 of 2014, which was filed by the private respondents herein seeking to declare the entire land acquisition proceedings initiated under the old act, 1894 in respect of the lands to an extent of 0.29.5 hectares in s.f.no.533/1 and to an extent of 0.34.0 hectares in s.f.no.533/3, situated in vellakinar village, which was acquired by the state under award no.5/1994 dated .....

Indian Commerce and Industries Co. Ltd., by Its Managing Director C. A ...

Court : Chennai

Reported in : (1960)1MLJ146

..... there is nothing in the act which prevents the court even after the list of contributories is settled to resettle it. ..... the official liquidator prays (a) that under the proviso to section 467 of the indian companies act, 1956, this court may dispense with the settlement of the list of contributories in this liquidation; and (b) that except the statutory books, the order books, records and files of the company be permitted to be disposed of and ..... as recommended by the company law committee at page 317 of their report, the proviso to section 257(1) of the english act has been embodied in this section. ..... a contributory has been defined in section 428 of the act, which corresponds to section 168 of the old act and section 213 of the english act. ..... the indian companies act (1937), page 594, sri t.r. ..... exercise of the jurisdiction given by the section is, however, discretionary; the court must be set in motion by the party who wants to contest the liability or by the liquidator, as the case may be, and it is not for the court to act ex men motu suo.9. ..... this section corresponds to section 184 of the previous act and section 257 of the english act of 1948. ..... these principles can be gathered from the analysis in the standard text-books : buckley on the companies acts, 13th edn. ..... section 467 of the companies act is one of the most important sections of the said act. .....