Court : Chennai
Decided on : Jul-27-1950
Reported in : AIR1951Mad120; (1950)IIMLJ404
..... of instructions which ate issued to the governor-general & to governors of the ooloniea & to those of india by the british govt. under the 1935 act. what are called directive principles is merely another name for instrument of instructions...... the only difference is that they are instructions to the legislature & the executive ..... inviolability is secured by constitutional restraints imposed on govt. the protection of these guaranteed rights of the citizen & the enforcement of the limitations imposed on the acts of govt., are both secured by judicial process which is, to quote an american case,'the device of self-governing communities to protect the rights of individuals ..... made in article 15(1) & article 29(2). in our opinion article 46 cannot override the provisions of these two articles or justify any law or act of the state contravening their provisions.20. the learned advocate general contended that in all state legislation & executive action, classification is inevitable & there is .....
Tag this Judgment!Court : Chennai
Decided on : Sep-29-1950
Reported in : AIR1951Mad34; (1950)IIMLJ686
..... my learned brother, balakrishna aiyar j. however thinks that there is sufficient protection afforded to witnesses and parties by the provisions contained in section 132, evidence act, and other provisions of the criminal law, and that if witnesses seek to avail of these there need be no difficulty in securing immunity from harassment by ..... he has been compelled to answer the question within the meaning of the proviso and that therefore he cannot be prosecuted.33. if section 132, evidence act, is understood in this manner the risk of witnesses being threatened with vexatious prosecutions would be practically confined to cases where they havesworn to affidavits. these ..... . they further held that a witness who answers a question put to him by counsel without seeking the protection of the court under section 182, evidence act, is not entitled to that protection. devadoss j. notes the distinction between the english and indian law regarding defamation both as an indictable offence as well .....
Tag this Judgment!Court : Chennai
Decided on : Nov-15-1950
Reported in : AIR1951Mad191; (1951)ILLJ148Mad; (1951)IMLJ527
..... apprehension of the situation. & of the invalidity of the reference & the award that compelled the govt. to move the legislature to enact an amending or validating act, viz., act xii [12] of 1949 the constitutionality of which, has been considered very fully by my learned brother & i entirely agree with the reasoning & conclusions he haa ..... . i. r. 1949 p. c. 190) where the p. c. interpreted the words 'in relation to' when dealing, with provisions of the british north america act, that madras act xii [12] of 1949 cannot be considered to be 'with respect to a matter' enumerated in the concurrent list. he also invited our attention to satischandra v. sudhir ..... dispute for adjudication ; now, therefore, in exercise of the powers conferred by section 7(1) & (2) read with section 10(1)(c), industrial disputes act, 1947 (central act xiv [14] of 1947) his excellency the governor of madras hereby constitutes an industrial tribunal consisting of one person, namely, sri dewan bahadur k.s. ramaswami .....
Tag this Judgment!Court : Chennai
Decided on : Dec-06-1950
Reported in : AIR1952Mad706; (1952)IMLJ665
..... and should be honoured with food and presents. no doubt, the obligations so enumerated in the texts cannot be treated as obligatory but they are certainly acts which conduce to the spiritual welfare and contribute to the acquisition of spiritual merit in the other world. the persons who are dependants upon the last owner ..... for what are termed secular or worldly purposes. the alienations however for spiritual necessity can be justified only either if they were made for meeting the indispensable acts or duties which must be performed such as the 'shraddah' ceremonies or the marriage of the daughter and the like or even if they were made ..... benefit to the estate conferred by it must be established. the religious and charitable purposes are divided into two categories, the 'nityakarma' or obligatory acts and 'kamyakarma' or optional acts. the obligatory religious duties are the obsequies and the periodical ceremonies such as the annual ceremonies of the last male-holder, the performance of which .....
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