Court : Chennai
Reported in : AIR1994Mad123; (1993)IIMLJ617
..... are living as husband and wife and the newly added 10th defendant tamilarasi is the daughter of lalitha. the court below found that there was no satisfactory proof to establish that the 9th defendant is the legally wedded wife of the appellant. this finding is also assailed by the appellant herein even though the 9th defendant has not preferred ..... non-production of the documents at the time of trial. order 41, rule 27(b) enables the party to produce additional evidence in the appellate court if he establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not be produced by him at or before the time when the decree ..... the appellant is stated to have a deposit of rs. 50,000/- with state bank of india, rs. 1,00,000/- with indian bank, rupees 48.000/- with united commercial bank, rs. 3,00,000/- with south indian bank and rs.60,000/- with land development bank. in the written statement the appellant denies the existence of these items. .....
Tag this Judgment!Court : Chennai
Reported in : (1977)IILLJ137Mad
..... legislature. the expression 'wages' and the requirement as to their payment in cash are special provisions enacted by the state legislature for purposes of the shops and establishments act by no stretch of the canons of statutory construction could be special and technical terminology of a different enactment made by different legislative body be adopted ..... in kirlosakar bros, ltd. v. commissioner of income-tax : air1952bom306 , where in chagia, c.j. , observed as follows:it is also well-settled in commercial practice as i shall presently point out, that a cheque is looked upon as a payment if a creditor accepts a cheque in place of the country's currency ..... parties to a transaction from accepting payment by cheque as equivalent to payment of cash inmost commercial dealings the agreement to accept a cheque as payment in cash is almost always implied, having regard to the prevalent commercial practice and the existence of a developed banking system. there is no reason why the principle .....
Tag this Judgment!Court : Chennai
Reported in : (1977)1MLJ389
..... different legislature. the expression 'wages' and the requirement as to their payment in cash are special provisions enacted by the state legislature for purposes of the shops and establishments act. by no stretch of the canons of statutory construction could the special and technical terminology of a different enactment made by a different legislative body be ..... court in kirloskar bros. ltd. v. commissioner of income-tax : air1952bom306 wherein chagla, c.j., had observed as follows:it is also well settled in commercial practice, as i shall presently point out, that a cheque is looked upon as a payment if a creditor accepts a cheque in place of the country's ..... parties to a transaction from accepting payment by cheque as equivalent to payment of cash. in most commercial dealings, the agreement to accept a cheque as payment in cash is almost always implied, having regard to the prevalent commercial practice and the existence of a developed banking system. there is no reason why the principle .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad571; 70Ind.Cas.715
..... governs the succession to the estate of a suni borah ranade, j., after referring to the previous decisions, observed, that they laid down that a well-established custom of hindu converts to muhammadanism following the hindu law of inheritance, would override the general presumption that muhammadan law generally governs converts to that faith from the ..... many of the adjoining countries in western india, and by their own account, even into malabar and bengal. by their traditions they were originally loannas, a hindu commercial caste in cutch; but they are not able, and no records are forthcoming, to indicate the period of their conversion, although there is every reason to believe ..... defence was that the release was valid, that plaintiffs separated from the family in 1878, and that the only property owned by the family was a small shop and that properties subsequently acquired were the self-acquisitions of the second defendant. the defence was the usual kind of defence set up where a member of .....
Tag this Judgment!Court : Chennai
Reported in : (1977)2MLJ335
..... it is a rule of evidence, an expression which it is convenient to apply to these circumstances in which a plaintiff in negligence discharges his task of establishing want of care on the part of the defendant without laving to prove any specific negligence or omission by the defendant. the general rule that it is for ..... goods under protest and subject to the right to claim compensation against the said damage by fire. however to avoid litigation, the second plaintiff wrote to the chief commercial superintendent, requesting him to pay compensation on the basis of the railway official's assessment, but this was rejected on untenable grounds. the plaintiff's allege that ..... bales were damaged by fire and rendered unfit for use. on 26th february, 1964, a claim for compensation for damages of the goods was preferred before the chief commercial superintendent of the southern railway for rs. 74,000 as per the insured value of consignments, which was not replied. on 8th may, 1964, the railway .....
Tag this Judgment!Court : Chennai
Reported in : (1977)ILLJ161Mad
..... been laid-off before the commencement of the industrial disputes (amendment) act, 1976 and such lay-off continues at such commencement, the employer in relation to such establishment shall within a period of fifteen days from such commencement, apply to the authority specified under sub-section (1) for permission to continue the layoff.in the first ..... follows :to be submitted in triplicate with additional number of copies for services on the workmen concerned.form of application for permission to lay-off workmen in industrial establishments to which provisions of chapter v-b of tie industrial disputes act, 1947 (central act xiv of 1947), apply.to.....(the authority specified under sub-section ..... which each of them have been laid-off.(b) the nature of the duties of the workmen referred to in sub. item (a), the units/section/shops where they are working and the wages drawn by them.4. items of manufacture and scheduled industry/industries under which they fall.5. details relating to installed .....
Tag this Judgment!Court : Chennai
Reported in : (1973)2MLJ126
..... the meaning of that act.(3) notwithstanding anything contained in the maternity benefit act, 1961, the provisions of that act shall apply to every establishment as if such establishment were an establishment to which that act has been applied by a notification under sub-section (1) of section 2 thereof:provided that the said act shall, ..... or premises including a private dwelling house will fall within the scope of that expression. on the other hand, the expression, 'industrial premises' is carved out of 'establishment' excluding private dwelling house. therefore, it is clear that whenever any particular provision refers to ' industrial premises ', it will not apply to a private dwelling house ..... time he or she likes and bring the cigars to the manufacturer's premises at any time he or she likes. taking into account the ordinary commercial practice and the interests of the manufacturers to see that the cigars once manufactured should go out of the premises into the market as quickly as possible .....
Tag this Judgment!Court : Chennai
Reported in : (1966)2MLJ172
..... the procedure prescribed and have regard to the locality in which urban land is situate, the predominant use to which the urban land is put, that is to say, industrial, commercial or residential, accessibility or proximity' to market, dispensary, hospital, railway station, educational institution or government offices, availability of civic amenities like water-supply, drainage and lighting and such other mattes .....
Tag this Judgment!Court : Chennai
Reported in : AIR1991Mad323; 1991CriLJ2722
..... ;'in my opinion, in just the same default as the original defendants would have been if they had done similar acts. (but) the cases cited clearly establish the right to have these attachments issued, and nothing can be more in point than the killiney foreshore case (unreported). but even without any of these authorities ..... only to emphasise that as courts of law and courts of record, they must act fairly and give full opportunity to the contemner, who may not] establish his innocence but show that the allegations levelled against him are not free from doubt. in that sense contempt proceedings are described as quasi-criminal proceedings. otherwise ..... the support of sutherland. the learned additional solicitor-general also cited the case of matajog dobey v. h. c. bhari : [1955]28itr941(sc) , and commissioner of commercial taxes v. r. s. jhaver : [1968]1scr148 , to substantiate his thesis that the doctrine of implied powers clothes the commissioner with vest incidental powers. he illustrated his .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad247
..... company and its directors. the following passage in the indian company law by k. m. ghosh, part i, page 125, para 227 is relevant for the present discussion:'the articles establish a contract between the members and the company, and although there is no contract in terms between each individual member and every other, the articles regulate their rights inter se .....
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