Judgment Search Results Home > Cases Phrase: the bombay court of wards act 1905 Court: chennai Page 10 of about 283 results (0.087 seconds)

Devalla, Guruswamiah and ors. Vs. E. Ramakrishna Naicker and anr.

Court : Chennai

Reported in : AIR1965Mad142

..... the bombay high court itself in fakirchand v. ..... the full bench of this court has also made reference to this decision of the supreme court it follows, therefore, that the view of the court below, that the statement in the affidavit of the respondent did not amount to an acknowledgment, is correct. ..... this view was formed by the trial judge on the ground that the suit should have been failed within 12 years of 24-3-1947, that is to say on 24-3-1959, the former date being the date when the last of the minors became a major and the amount due under the mortgage in favour of the administration general became payable. ..... 19 of the limitation act, it was not necessary that the acknowledgor should at the time of the acknowledgment be under an existing liability and that it was sufficient that, at the time of the enforcement of the debt, the acknowledgor had become liable to pay the debt. ..... 69 of the transfer of property act, that the first mortgagee, who invokes the power, should give notice of it to the second mortgagee and in the other appeal, c. m. a. no. ..... 69 of the transfer of property act does not require a notice to be served on the second mortgagee in order that the first mortgagee second mortgagee in order that the first mortgagee may validly exercise his power of sale. ..... 69 of the transfer of property act and took steps to bring the property to auction through auctioneers on 27-4-1957. ..... 19 of the limitation act. ..... 59a of the transfer of property act. .....

G. Rengaraja Rao Vs. A. Tulasibai Ammal

Court : Chennai

Reported in : (1949)1MLJ650

..... however by the year 1926, when the amending act was passed by the indian legislature inserting section 29 in the madras civil courts act of 1873, the indian succession act of 1865 and the probate and administration act of 1881 and various other acts including the succession certificate act (act vii of 1889) and the property protection act of 1841 had all become consolidated in act xxxix of 1925 which was referred to as the indian succession act, 1925. ..... see for instance section 23 of bengal, agra and assam civil courts act, 1887, section 28-a of the bombay civil courts act of 1869, section 19 of the central provinces courts. ..... assuming that the amendment of the madras civil courts act of 1873 by the insertion of the new section 29 by act xiv of 1926 was intended to give power to the high court to authorise the subordinate judges to dispose not only merely all contentious matters relating to the issue of probate and letters of administration which could not be disposed of by district delegates, still even the wide powers claimed under section 29(1) should be restricted to proceedings under the indian succession act, where the said act itself does not contain a special provision empowering an authority .....

Mariappan Vs. 1.The District Collector and District Magistrate,

Court : Chennai

..... is mala fide or is prompted by extraneous considerations or is made in contravention of the principles of natural justice or any constitutional provision; (v) the court may also intervene where (a) the authority acting under the concerned law does not have the requisite authority or the order which is purported to have been passed under the law is not warranted or is in breach of the provisions of the concerned law or the person against whom the action is taken is not the person against whom the order is directed; or (b) where the authority has exceeded its powers or jurisdiction or has failed ..... there is no other convenient or efficacious remedy open to the petitioner, it will proceed to investigate the case on its merits and if the court finds that there is an infringement of the petitioner?.s legal rights, it will grant final relief but will not dispose of the petition only by granting interim relief; (vii) where the satisfaction of the authority is subjective, the court intervenes when the authority has acted under the dictates of another body or when the conclusion is arrived at by the application of a wrong test or misconstruction of a statute or it is not based on material which is of a rationally ..... 653, a full bench of the bombay high court, observed as follows: ?........whenever words like ".satisfaction". ..... 16.in the constitutional bench judgment, state of bombay vs. .....

Chola Fish and Farms P. Ltd. Vs. Commissioner of Income Tax

Court : Chennai

Reported in : (1996)132CTR(Mad)358; [1996]217ITR609(Mad)

..... our view has an eminent companion in the judgment of the bombay high court in the case in new india fisheries ltd. vs. p. m. ..... 33 came up for consideration, but that was with reference to a vessel known as pontoon, but what is relevant for our purpose is that in that case also, the bench considered part i of appendix i of the rules where the categories of ships covered for the purpose of depreciation, as an inherent indication of the broad classification of vessels which will come within the word 'ship' for the purpose of the it act and that the ratio of that classification could be applied in interpreting the word for the purpose of development rebate under s. 33. ..... 80j of the act, satisfy the above conditions and they come within the word 'ship', it is difficult to accept without any valid reason that the trawlers in the hands of the assessee did not/do not qualify for deduction in respect of the profits and gains. ..... ' the court's reasons for not accepting the tribunal's view are stated as follows : 'the word 'ship' is not defined in the it act, 1961. ..... 33 and 80j of the act for, according to them, the trawlers of the assessee were not ships for the purposes of the said provisions. ..... 80j of the act, is seen and it is examined whether there is any different meaning assigned to the word 'ship' in the said section or there are any reasons to restrict the trawlers to qualify 'ship' for the purposes of ss. .....

The State of Madras Vs. T. Narayanaswami Naidu and anr.

Court : Chennai

Reported in : AIR1965Mad360; [1965]16STC29(Mad)

..... this contention, and reached the conclusion that the words "last purchase" in the corresponding provision of the mayors act, should refer to the last purchase, "the price for which was included in the turnover of the purchase in each year".the mysore high court also stated that any other construction, would lead to the incongruous result that every dealer who was the last purchaser in his assessment (year), could by making a subsequent sale during the next year, pass on the liability to his purchaser, who could ..... in his turn, do the same thing making the levy of tax ..... in a third decision, namely, that of the bombay high court in kishinchand chellaram v. .....

Kuppa Bai Vs. A. Rajagopal Nadar and anr.

Court : Chennai

Reported in : (1969)2MLJ541

..... the question before the supreme court in that case was whether the status of the appellant as ' protected tenant within the meaning of the bombay tenancy act, 1939 was affected by the repeal of the act in 1948. ..... 19 applies to both concrete as well as abstract rights of property, examining the question whether a tenant of non-residential building in thanjavur acquired a right of property under the principal act before its amendment in 1960 and whether he was deprived of that right or otherwise restricted in the enjoyment thereof by the amending act, it was observed:the question that fails to be considered is whether the second right, namely, the right of a tenant to apply to the court for an order directing the landlord to sell the land to him for a price to be fixed by it, under section ..... the supreme court rejected the claim of the tenant that the court which was seized of the tenant's application under section 9 should, notwithstanding the amendment, proceed and dispose of the same under the old act. ..... it is only a tenant as defined in the act against whom a suit in ejectment has been instituted, that is entitled under section 9 of the act to apply to the court within one month after the service on him of summons for an order directing the landlord to sell the land for a price to be fixed by the court.9. mr. .....

Wellworth Electronics Rep. by Its Proprietor, Vs. the Union of India ( ...

Court : Chennai

Reported in : [2006]130CompCas610(Mad); (2006)5CompLJ65(Mad); (2005)4MLJ98

..... it is true that the court fee was prescribed only by the removal of difficulties order 2004, but, in our opinion, the removal of difficulties order, 2004 is only procedural in nature and the substantive law was introduced by the amendment to section 17 of the securitisation act retrospectively from 21.06.2002 which stated that the application has to be accompanied with the prescribed fee. ..... (w.p.no.13056 of 2005 decided on 07.07.2005) we give the petitioners one months time from today to file the appeal/application under section 17 of the securitisation act before the tribunal alongwith the prescribed court fee, and if they do so, the appeal/application will be treated as within limitation. ..... he has only the right of prosecution or defence in the manner prescribed for the time being by or for the court in which the case is pending, and if, by an act of parliament the mode of procedure is altered, he has no other right than to proceed according to the altered mode' see also union of india ..... , in our opinion, along with all appeals/applications filed on or after 21.06.2002, court fee as prescribed by the removal of difficulties order, 2004 has to be paid, otherwise the appeal/applications under section 17 of the securitisation act will be non-maintainable, and will be liable to dismissed as such. 27. ..... state of bombay, : 1958crilj1429 has quoted with approval the reason of the rule as expressed in maxwell's interpretation of statutes: - ' no person has a vested right in any course of .....

Commissioner of Income Tax Vs. Taj Fire Works Industries

Court : Chennai

Reported in : (2006)204CTR(Mad)108; [2007]288ITR92(Mad)

..... already in existence in any backward area;provided that this condition shall not apply in respect of any industrial undertaking which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such industrial undertaking as is referred to in section 33b, in the circumstances and within the period specified in that section;(iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose in any backward area;(iv) it employes ten or more workers in a manufacturing process ..... but, the exemption claimed by the assessee under section 5(1)(xxxi) of the income-tax act, was denied by the respondent therein on the ground that the assessee was doing only cooly printing and therefore, the business which he was carrying on was not an industrial undertaking entitled to exemption and this court, after analysing the ratios laid down in cit v. ..... state of bombay (1961) 11 stc 698ii) bangalore water supply and sewerage board v. .....

A.I. Agnel Ilangovan Vs. The Government of Tamil Nadu, Represented by ...

Court : Chennai Madurai

..... 56, the bombay high court held that, when the words of statutes are clear, plain or unambiguous, and reasonably susceptible to only meaning, courts are bound to give effect to that meaning irrespective of the consequences. ..... where the language of the act is clear and explicit, the court must give effect to it, whatever may be the consequences, for in that case the words of the statute speak the intention of the legislature.'' 10. ..... where the laguage of an act is clear and explicit, the court must give effect to it, whatever may be the consequences, for in that case the words of the statute speak the intention of the legislature. ..... lj 282, the court held, the cardinal rule for the construction of acts of parliament is that they should be construed according to the intention expressed in the acts themselves. ..... state of madras reported in air 1953 sc 274, the supreme court held, it is settled rule of construction that to ascertain the legislative intent all the constituent parts of a statute are to be taken together and each word, phrase and sentence is to be considered in the light of the general purpose and object of the act itself. ..... when the material words are capable of two constructions, one of which is likely to defeat or impair the policy of the act whilst the other construction is likely to assist the achievement of the said policy, then the courts would prefer to adopt the latter construction. .....

T.B. Nath and Others Vs. Hindustan Petroleum Corporation Ltd., Rep by ...

Court : Chennai

Reported in : 1999(2)CTC145

..... ashiviwnraj, : air1996mad285 has considered the entire argument of the very same learned counsel in paragraphs 10, 10a, 10b of the judgment which read thus: their lordships further distinguished the decision of the kerala high court and also the bombay high court and held that the division bench decision reported in hindustan petroleum corpn. ..... the said act 4 of 1974 includes and comprehends the leasehold, rights in property in the occupation of the erstwhile esso, that the said company as well as the first defendant operate in the distribution and sale of petrol and petroleum products mostly on such leasehold rights which are therefore protected under the act, that there is no requisition of the plaintiffs right in the property as contended by the plaintiffs, that the right of the defendants to continue in the property as a tenant is protected and that the samewould not amount to an acquisition of ownership of rights in the property, that the owners of the .....