Court : Chennai
Reported in : AIR1957Mad333
..... the 2nd respondent filed an application under section 4 of the cultivating tenants protection act (which we shall here-after refer to as the impugned act) which enables every cultivating tenant, who was in possession of any land on the 1st december 1953 and who is not in possession thereof at the commencement of this act (27th september 1955) to obtain restoration of possession by application to the revenue divisional ..... the constitutional validity of the madras cultivating tenants protection act, xxv of 1955 is challenged in this petition for the issue of a writ of certiorari to quash an order of the sub-collector, dindigul, dated 17-4-1956 who acting under section 4 of the act directed the restoration of the 2nd respondent, rakkappan servat, to the possession of certain lands belonging to the ..... in view of the matters set out above we are unable to uphold the argument advanced on behalf of the petitioner that no emergency has been proved to exist to justify this interference with the rights of the landholder; learned counsel urged that legislation similar to the impugned one contained in the tanjore tenants and pannaiyal protection act (act xiv of 1952) was sustained by this court in santhanakrishna ..... it is true that the learned judges when dealing with the constitutional validity of the tanjore tenants and pannaiyal protection act did in part rest their reasoning on the two factors, namely, that it was a piece of temporary legislation and secondly that it was passed to meet .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad323; (1952)IMLJ71
..... section 19 and section 134 of the act clearly contemplate leasing of the land to tenants by the landholder of his private land and even exchange of pattas and muchilikas are permitted which negatives the idea of cultivation by himself.further, the very classification of the lands into two categories, lands in which occupancy rights could be acquired under the statute and lands in which occupancy rights could not so be acquired is a clear indication that the test to determine is not cultivation but the nature of the land at its inception and also the subsequent treatment accorded to it by the landlord and by the tenants of the village.the decision ..... . the temporary rights of cultivators of such land are based on contract ..... . rajaram rao, dewan of ramnad samasthanam, under the orders of the court of wards in 1890 "pannai" lands in the district are those in which the zamindar or inamdar owns both the landlord's and tenants' right and that he can lease out the lands to any one he likes for cultivation and obtain from him "swami bhogam" or thunduvaram, a rent obtained in acknowledgment to the landlord's tenancy right in the soil, in addition to the melwaram or landlord's share, and that most of the dharmasanams in the zamindari were held under "pannai tenure" .....
Tag this Judgment!Court : Chennai
Reported in : AIR1985Mad119
..... therein, the supreme court has upheld the summary nature of the, proceedings under the buildings (lease and rent control) act, and further observed that notwithstanding the proceedings of a summary nature, the rights of the tenants are sufficiently protected. ..... it is true that the tamil nadu buildings (lease and rent control) act, has its origin in rent control orders passed during war-time and even thereafter, the act had the status of a temporary enactment only and had to be periodically re-enacted until act 18 of 1960 came to be passed as a permanent act. ..... the lease agreement executed in 1970 contains a clause for renewal of the lease for a further period of ten years subject to revised rates of rent to be mutually agreed upon by the parties. ..... when it comes to a question of paying fair rent to the landlord, the petitioner's stand is that they are entitled to only a marginal increase in rent over the rate of rent fixed in the year 1970. ..... in 1970, the petitioner took the building on lease for a period of ten years. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1994Mad283
..... it is clear from the preamble to the act that it is an act to provide for the control by the union of the tea industry including the control in pursuance of the international agreement now in force of the cultivation of tea in and of the export of tea from india and for that purpose to establish a tea board and levy a duly of excise on tea produced in india. ..... in writ petition 1443 of 1986, the 1st appellant challenged the validity of the control order, 1984 and contended that the said control order is invalid for the followingreasons :(a) clause 17 of the control order provides that every registered manufacturer in the states of assam, west bengal, tamil nadu and kerala shall sell not less than 70% or such higher percentage as may be specified from time to time by the board, of tea manufactured by him in a year through public tea auctions in india, held under the control order or suspices ..... there is no protection of the rights themselves unless there is a measure of control and regulation of the rights of each individual in the interests of all. 18. ..... what is sought to be done under the control orderis not for a temporary period but perpetual in time. ..... other auction centres were subsequently set up at cochin in 1947, coonoor in 1963, amritsar in 1964, gauhati in 1970, siliguri in 1976 and coimbatore in 1980. .....
Tag this Judgment!Court : Chennai
Reported in : (2007)4MLJ1153
..... the statement of objects and reasons of the patents act, 1970 (act 39/1970) noticed that since the 1911 enactment, there had been substantial changes in the political and economic conditions of the country and therefore a need has arisen for a comprehensive law so as to ensure more effectively that patent rights are not worked out to the detriment of the consumer or to the prejudice of trade or the industrial development of the country, which was felt as early as 1948 resulting in the government appointing the patents enquiry committee to review the working of the patents law in india. ..... state of kerala), wherein, the supreme court had held on the law of interpretation of statutes as hereunder:as regards the statement of objects and reasons appended to the bill the law is well settled that the same cannot be used except for the limited purpose of understanding the background and the state of affairs leading to the legislation but it cannot be used as an aid to the construction of the statute. ..... as to when an inference that a tenant is habitually in arrears disentitling him to the protection of the order could be drawn is a question of fact in each case. ..... pending bringing in comprehensive provisions, the union government of india made some temporary provisions in the act itself, which temporary provisions came to an end on and with effect from the coming into force of act 15/2005. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1973Mad14
..... such fugitive cultivation however, should not be treated as evidence that the land is patta land".it could not be said that the cultivation of the suit land s by the plaintiff in these suit and their predecessors-in-title from long prior to the madras estates land act, 1908, coming into force is fugitive cultivation which can be attributed to inaction or connivance on the part of the landholder. ..... nanak singh, that the decision on the writpetition challenging the order of termination of the temporary service of the petitioner will operate as res judicata in a subsequent suit filed by the said petitioner for a declaration that the termination was by an authority lower in rank than the competent authority. ..... the decision deals with rights of persons owning lands on patta within the water spread of a government tank to construct bunds on their patta lands so as to protect those lands from damages due to submersion. ..... which has been continuously used for the storage of water, is not ryoti and a suit to eject a tenant from such land is cognisable by the civil court. ..... state of kerala, it was held that where the decision in a petition under article 226 of the constitution was not given on merits, the same would not operate as res judicata for maintainability of an application under article 32 for similar relief.14. .....
Tag this Judgment!Court : Chennai
Reported in : 1999(2)CTC364; (2000)ILLJ340Mad
..... when the management and control of the industrial undertaking had already been taken over by the central government under the provisions of the industries (development and regulation) act, the state govern-ment is not competent to legislate the impugned enactment;(iii) the impugned act is not protected by article 31c of the constitution of india;(iv) the compensation payable under the impugned act to the petitioner is illusory, inadequate and hence the impugned act is liable to be declared as void;(v) the impugned legislation is arbitrary and violative of articles 14 and 19(1)(g) of the constitution ..... the state of tamil nadu, 1985 wlr 1 is a judgment where the tamil nadu cultivating tenants (payment of fair rent) amendment act 17 of 1980 ..... it has been held as follows:'it thus clearly transpires that the observations in cooper's case, : [1970]3scr530 extracted above that power to legislate for acquisition of property is exercisable only under entry 42 of list iii and not as an incident of the power to legislate in respect of a specific head of legislation in any of the three lists, in borne out from rajamundery electric supply corporation's case and sir kameshwar singh's case. ..... the time of filing of the writ petition, 242 permanent workers and 62 temporary workmen were employed in the ..... kerala, : [1973]1scr356 constitutional validity of kannan devan hills (resumption of lands) act, 1971, was challenged on the ground of legislative competence of kerala state legislature to enact the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad57
..... spoke for the court observed as follows:--'the furniture supplied or any fittings affixed by the landlord in the premises and let out along with the cinema hall, the entire thing comes within the definition of 'building' and consequently the provisions of the act would govern the relationship of the landlord and the tenant, the result is that although the term of the lease deed had expired, the landlord would not be in a position to evict the tenant except for anyone of the grounds mentioned in section 10 of the act. ..... 1345 referred to reads as follows:'leases of licenced premises usually contain covenants on the part of the tenant intended for the protection of the licence, and also if the landlord is brewer and the premises are to be 'tied' to his business, intended to create the 'tie' and ensure that the benefit of it shall be assignable. ..... : air1966ker244 , took the same view and the definition of the word 'building' in the kerala act, which was amended in 1961, included the words 'any fittings affixed by the landlord. ..... : air1953cal149 which was also a case of a lease of cinema theatre and the definition of the word 'premises' within the meaning of the west bengal premises rent control (temporary provisions) act, 1950, had to be considered. ..... india) : [1970]3scr530 , observed as follows:'goodwill of a business is an intangible asset: it is the whole advantage of the reputation and connections formed with the customers together with the circumstances making the connection durable. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad135
..... kunhilakshmi amma, : air1966ker244 (fb), had to consider the provisions of section 2(1) of the kerala buildings (lease and rent control) act, 1959, as amended by the act 29 of 1961. ..... that sub-section reads (omitting unnecessary portions):--'if the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3), the landlord shall deliver possession of the building and the fixtures and fittings in or on the buildings, in good tenantable repair and condition, to the authorised officer...... ..... section 3(a) of that act describes 'accommodation' as meaning--'(x) any land which is not being used for cultivation; (y) any building or part of a building and it includes-- (1) garden, open land and out-houses, if any, appurtenant to such building or part of a building; (2) any furniture supplied by the landlord for use in such building or part of a building; and (3) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof.' 12. ..... construing a similar provision in west bengal premises rent control (temporary provision) act, 1950, the calcutta high court took the view in kali prasad v. ..... 3219 of 1970 (mad), abdul gaffoor sahib v. m/s. .....
Tag this Judgment!Court : Chennai
Reported in : (1971)2MLJ502
..... then was, on the ground that the difference in the rights of several classes of tenants, is not a discrimination arising by reason of the act but the disparity in the rates existed prior to the legislation and it is no objection to the validity of the act that it has entirely obliterated the pre-existing ..... the settled view of the government for a considerable time was that there should be one uniform price, and that was the reason why the government did not accept the recommendations of the tariff commission recommending as many as ten different retention prices and that if the government adopted a three-tier system, it was only as a temporary measure and the introduction of the uniform price in 1969 was only by way of implementation of the policy decision already taken by the government, with reference to the fixation of the ..... the two parts of the state and because of the said differences, the legislature took the view that the definition of ' previous year' should be so-amended in respect of the madras area, that the assessee in that area may not escape payment of agricultural income-tax in respect of the period after the said area formed part of the ..... case, the provision that pending proceedings should be concluded according to the law applicable at the time when the rights or liabilities accrued and the proceedings commenced is a reasonable law founded upon a reasonable classification of the assessees which is permissible under the equal protection clause and .....
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