Court : Chennai
Reported in : (1916)31MLJ698
..... at the time when this act was passed, vakils had no right of audience on the original side of the high courts of calcutta and bombay and without the words, the section would authorise a judge of the bombay high court to allow a vakil enrolled at calcutta to appear on the original side of the high court of bombay and thus enjoy a privilege denied to all vakils enrolled in the court of bombay itself ..... such and so many of the persons being bona fide practitioners of the law in the said court of recorder of madras (this was the royal court which preceded the supreme court established by charter) or having been admitted barristers in england or ireland or having been admitted attorneys or solicitors in one of our courts at westminster or being otherwise capable according to such rules and qualifications as the said court shall, for that purpose make and declare, to act as well in the character of advocates as of attorneys in the said court, which persons so approved, ..... 104 the act enabled her majesty by letters patent, to establish high courts at calcutta, bombay and madras ; and section 8 provides, with regard to madras, that upon the establishment of such high court in the presidency of madras, the supreme court and the court of sadar adawlut and foujdhari adawlut in the same presidency shall be ..... the letters patent of bombay some twenty years later, confined the right of appearing in the supreme court to barristers and of acting to solicitors and it was held by the privy council in .....
Tag this Judgment!Court : Chennai
Reported in : (1991)IILLJ394Mad; (1993)IIMLJ540
..... ' the bombay court dealt with the second limb whether the board was established not for the purposes of profit by looking into the scheme of the act under which the electricity board was constituted and concluded that the primary and dominant purpose of providing for the constitution of such board was obviously to serve the public interest by ensuring better amenities of life and raising the standards of life of the community as a whole and added (p ..... government work out and operate as their department when transferred to a statutory establishment/institution, would not convey that they decided to transfer such projects to a statutory corporation/board for, they did not find the projects profitable and accordingly establish the board so that they work out such projects on commercial basis and invest such profits to further the objects of the creation of the board by this alone the test indicated by the bombay court, would be found to have been satisfied. ..... board though satisfied all the bombay court noticed, was held by the allahabad court, to be an institution established not for the purpose of profit. ..... chitale : (1981)illj462bom , a division bench of the bombay high court considered whether the maharashtra state electricity board was an institution exempted under section 32(v)(c) of the act or not and held against the electricity board. ..... : (1988)iillj484bom , the bombay high court once again considered various provisions of the payment of bonus act including section 32(v)(c). .....
Tag this Judgment!Court : Chennai
Reported in : (1988)ILLJ177Mad
..... in that case the services of a member of the staff and a sub-editor in the indian national press, bombay were terminated by notices of retrenchment and the bombay union of journalists, which was a trade union, sponsored their cause and after an attempted conciliation under section 12 of the act failed, the state of bombay refused to refer the dispute to the tribunal for the following reasons :- '(1) the termination of services of shrimati aruna mukherji and shri m. t. ..... a single judge of the bombay high court allowed the writ of mandamus and directed the government to reconsider the question of making or refusing to make a reference ignoring the fact that there was a slow down by the workmen and taking into account only such reasons as were germane to the question of determining whether a reference should or should not be made. ..... that decision was affirmed by a division bench of the bombay high court and the matter was taken to the supreme court by the state government. ..... he contended that even if a mandatory provision of law is ignored by the government in refusing to make reference under section 10 of the act, the court should not interfere with the order of the government and relied on the last paragraph of the judgment of the supreme court in bombay union of journalists v. ..... after extracting the relevant observations made in the bombay union of journalists case (supra) the supreme court states thus : (1985)illj519sc : '..... .....
Tag this Judgment!Court : Chennai
Reported in : (1989)ILLJ180Mad
..... in that case the services of a member of the staff and a sub-editor in the indian national press, bombay were terminated by notices of retrenchment and the bombay union of journalists, which was a trade union, sponsored their cause and after an attempted conciliation under section 12 of the act failed, the state of bombay refused to refer the dispute to the tribunal for the following reasons :- '(1) the termination of services of shrimati aruna mukherji and shri m. t. ..... a single judge of the bombay high court allowed the writ of mandamus and directed the government to reconsider the question of making or refusing to make a reference ignoring the fact that there was a slow down by the workmen and taking into account only such reasons as were germane to the question of determining whether a reference should or should not be made. ..... that decision was affirmed by a division bench of the bombay high court and the matter was taken to the supreme court by the state government. ..... he contended that even if a mandatory provision of law is ignored by the government in refusing to make reference under section 10 of the act, the court should not interfere with the order of the government and relied on the last paragraph of the judgment of the supreme court in bombay union of journalists v. ..... after extracting the relevant observations made in the bombay union of journalists case (supra) the supreme court states thus : (1985)illj519sc : '..... .....
Tag this Judgment!Court : Chennai
Reported in : 1999(2)ALD(Cri)438; 1999CriLJ4766; 1999(2)CTC652
..... . the second conclusion disapproved by the apex court was that the only provisions superseded by the non obstante clause were sections 8(1) and 4(2) of the bar councils act and rule 38 of chapter v of the original side rules of the calcutta high court and a similar rule framed under section 15 (b) of the bar councils act by the calcutta bar council prescribing the conditions subject to which advocates of other high courts were permitted to practice in the original and appellate sides of that court and the corresponding rules then in force in the bombay high court ..... . it was concluded by the apex court, therefore, that the legislature used the word 'practice' both in the bar councils act and in the supreme court advocates (practice in high courts) act in its full sense of acting and pleading, but while in the case of advocates of the calcutta and bombay high courts, it had expressly preserved and continued the power of those courts to restrict or exclude the right of practice on the original side, it has reserved no such overriding power under the new act, with the result that any restrictive rule cutting down the statutory right would be .....
Tag this Judgment!Court : Chennai
Reported in : (1912)22MLJ490
..... ors. it seems to me on further consideration that, to be quite accurate, the rule must be stated subject to the qualification, which i have suggested, and i may point out that neither the learned judges of the bombay high court nor i were called upon in the cases mentioned above to consider whether the rule was subject to any ..... the certificate as to the first point is as follows:that in my judgment the opinion of the majority of the court, that the evidence of an accomplice need not be corroborated in material particulars before it can be acted upon, and that it would be open to the court to convict on the uncorroborated testimony of an accomplice if the court was satisfied that the evidence was true, requires to be further considered ; and it requires to be further considered whether section 133 of the indian evidence act read with section 114, illustration (6), does not merely intend to lay down that a conviction upon the uncorroborated testimony ..... osborne (1905) 1 k.b 551 and it is clear from the recent decision of the court of criminal appeal in r. v. ..... ellsom (1905) 76 j.p. .....
Tag this Judgment!Court : Chennai
Reported in : (1912)ILR35Mad397
..... ,82. now if the view which i have above indicated of the effect of the provisions be correct there is no foundation whatever for the suggestion that the provisions of the indian evidence act are in any respect different from what is laid down in the rulings of the indian courts on the subject, either since the passing of the indian evidence act or before it, or of the english courts, before the passing of the present evidence act, the question of accomplice's evidence was dealt; with in india by section 28 of act ii of 1855 in these ..... h.c.r. 196, it seems to me on further consideration that, to be quite accurate, the rule must be stated subject to the qualification which i have suggested, and i may point out that neither the learned judges of the bombay high court nor i were called upon in the case mentioned above to consider whether the rule was subject to any ..... jj.) laid down that a judge should direct a jury to acquit if the evidence against the accused is that of a parson put for ward as an accomplice and his evidence is not corroborated in some material particular, that is to say, in some particular that involves the guilt of the ..... . osborne (1905) 1 k.b .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad5; (1953)2MLJ387
..... the management of the estate however was taken over in 1941 by the court of wards, at the request of the zamindar under the madras court of wards act (act 1 of 1902) --vide section 18. ..... the claim was rejected by the tribunal on the ground that the deed was ineffective to vest any title in appellant 1 and that it was also hit at by section 34, court of wards act as it virtually amounted to a transfer of the estate by the father to the son. ..... b-1) dated 11-7-1945 as the relinquishment deed by the zamindar was void under section 34, court of wards act and was, therefore, inoperative to pass any title to the zamindari to the eldest son. ..... in view of the observations in the later bombay ease by the same learned judge sir george rankin, it cannot be held that by unity of ownership, the learned judge intended to convey that all junior members are coparceners of the property which would be contrary to all the decisions of the judicial committee, which recognised no interest in the property in the junior members and. ..... no useful purpose would be served by examining all the decisions in detail in view of the clear and unambiguous pronouncement of the judicial committee in the bombay case where it is stated that the junior members are not coparceners.11. .....
Tag this Judgment!Court : Chennai
Reported in : 2008(2)CTC192; (2008)1MLJ938
..... in order to comply with the obligation on the part of the respondent, the respondent vijayalakshmi filed o.p.no.566 of 2005 before this court under sections 3, 7 to 10 and 29 of the guardian and wards act, 1890 and under order xxi rules 2 and 3 of the original side rules seeking the following relief before this court:a. ..... n.r.chandran, learned senior counsel appearing for the appellant submitted that o.p.no.566 of 2005 has been filed under sections 3, 7 to 10 and 29 of the guardian and wards act seeking permission to sell away that portion of the immovable property of the minors, pursuant to an agreement entered into with the appellant by the guardian appointed by this court. ..... the learned single judge, upon consideration of the arguments advanced by the respective parties, dismissed those applications on the premise that the appellant is a third party to the application filed under sections 3, 7 to 10 and 29 of the guardian and wards act, 1890, which was finally disposed of on 05.01.2007, could not be impleaded by reopening the petition, however, gave liberty to the appellant to file an appeal against the order dated 05.01.2007 made in op. no. ..... for that proposition he relied on the decision of the bombay high court in the case of shivamurti v. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad158; 76Ind.Cas.752; (1923)45MLJ471
..... case was decided under the bombay small cause courts act but the words of that act are identical with the words of the letters patent, and, in my judgment, the decision in girdhar damodar ..... stated that the cause of action arose partly if not wholly within the limits of the ordinary jurisdiction of the high court, bombay, but no leave to sue had been obtained, and, therefore, for the purposes of the application before the court, the only question in issue was whether carrying on business by an agent within the jurisdiction was sufficient ..... the question turns on the proper interpretation of clause 12 of the letters patent, which gives the high court jurisdiction 'if the defendant at the time of the commencement of the suit shall dwell or carry on business or personally work for gain ' within the limits ..... is to be observed that the english authorities are of no assistance because in england the rules as to jurisdiction mainly order 11, rule 11 of the supreme court rules, do not confer jurisdiction on english courts over defendants carrying on business within the jurisdiction unless they are residents ..... application by the defendant that the plaint filed herein should be rejected or the suit dismissed on the ground that the cause of action arose outside the jurisdiction of this court. ..... 522, namely, that prima facie courts exercise jurisdiction over the subjects of the country or residents therein, and that words wide enough to confer jurisdiction over foreign residents ordinarily will not .....
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