Judgment Search Results Home > Cases Phrase: the pondicherry settlement act 1970 Page 1 of about 21,582 results (0.271 seconds)

Masilamani (Died) and ors. Vs. Sedial Sengeni Mariamman Koil Sarian Ku ...

Court : Chennai

Reported in : (2001)3MLJ598

..... item had become final; that the first defendant was not the owner of the suit ..... on the oral and the documentary evidence held that the plaintiff was not estopped from questioning the right of the first defendant since the plaintiff himself participated in the auction proceedings related to the property north of the suit property, that in the survey proceedings the error was rectified in favour of the plaintiff in the presence of the first defendant represented by d.w.i and the same not having been challenged before any competent appeal forum envisaged under the pondicherry settlement act, 1970, the records/ex.a-1, as rectified and evidenced, exhibiting name of p.w.i as the owner in respect of the suit .....

Mr. Kaliyuga Kannan Vs. the Tahsildar, Land Survey and Settlement, Kar ...

Court : Chennai

Reported in : (1999)3MLJ400

..... it was further contended that the suit is barred by section 25(1) and (2) of the pondicherry settlement act, 1970. ..... the concurrent judgments of both the courts below are assailed in this second appeal on the following substantial question of law:whether the civil court's jurisdiction is ousted in deciding the change of entry in revenue records in respect of patta, especially when there is no order passed by the competent authority as contemplated under the provisions of pondicherry settlement act, 1970?8. ..... the trial court, after taking oral and documentary evidence, held that the court has no jurisdiction and the same is barred under section 25(1) of the pondicherry settlement act. ..... it is true that under section 25 of the pondicherry settlement act, remedy through civil court is barred. ..... the learned government pleader only relied on the proceedings of the government of pondicherry, settlement branch office, karaikal, r.c. no. ..... (2) where there is an express bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court. ..... where the is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. .....

General Secretary of Greaves Mazdoor Sangam Vs. Commissioner of Labour ...

Court : Chennai

..... it has also been submitted that the chitta correction has been made by way of tampering the records of the taluk office and the competent authority, namely the specified officer under the pondicherry settlement act, 1970 has issued a show-cause notice to tmt.thaiyalnayagi calling for reasons as to why the chitta issued in favour of her should not be cancelled. ..... the inspector general, that too well within the rule making power conferred on him on such subjects under section 69 of the registration act, 1908, after getting prior approval of the government and publishing the same in the gazette, we have no hesitation to hold that the impugned amended rule 54 is intra vires the registration act, 1908 and therefore, w.p.no.19418 of 2008 filed by the petitioner, challenging the amended rule 54 of the pondicherry registration rules, fails and the same is, accordingly, dismissed.18. ..... in w.p.no.19418 of 2008, wherein rule 54 of the pondicherry registration rules has challenged, the contention of the petitioner is that the said rule is violative of the provisions of the registration act, which is the parent statute inasmuch as it empowers the registering official to investigate issues of title and linkages in revenue records which are outside the domain of the registering authority in terms of the act. .....

Rukmani Ammal Vs. the Union Territory of Pondicherry, Represented by t ...

Court : Chennai

Reported in : (1984)2MLJ198

..... govindaswamy, learned government pleader for pondicherry, submits that the language used in section 4(4) of the act is not at all in pari materia with the language used in section 23 of the tamil nadu act before it substitution by tamil nadu act 32 of 1974, and, on the other hand, the language of section 4(4) of the act is in pari materia with the language used in section 23 of the tamil nadu act, after its substitution by tamil nadu act 32 of 1974. ..... (1) subject to the provisions of section 20, for the purpose of fixing, for the first time after the date of the commencement of the act, the ceiling area of any person holding land on the date of the commencement of this act in excess of 30 standard acres-(a) any transfer, whether by sale (including sale in execution of a decree or order of a civil court or of an award or order of any other lawful authority) or by gift (other than gift made in contemplation of death), exchange, surrender, settlement or otherwise, or(b) any sub-division (including sub-division by a decree or order of a civil court ..... the alienor of the petitioner got the lands in question under a settlement from her husband on 16.3.1970. .....

Tamil Nadu Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimai P ...

Court : Supreme Court of India

Reported in : AIR1990SC1316; JT1990(2)SC397; 1990(1)SCALE866; (1990)3SCC440; [1990]3SCR83; 1990(1)LC749(SC)

..... it is on record that during this period as many as 26 sittings spread over many years have been held in which the chief ministers of the karnataka and tamil nadu have unsuccessfully tried to bring about settlement; some of these have been at the instance of the central government in which the union minister for water resources and others have participated.15. ..... in the year 1970 the state of tamil nadu had requested the union of india to set up a tribunal and refer the question of equitable distribution of cauvery waters under section 3 of the act. ..... he has also told that in the month of february a meeting of chief ministers of kerala, karnataka, tamil nadu and pondicherry had been called but that could not be held on account of the air crash at bangalore. ..... the dispute involved is, however, one which affects the southern states of kerala, karnataka and tamil nadu and the union territory of pondicherry. ..... at the hearing of the matter the union territory of pondicherry was not represented though we were told that their stand was common with that of the state of tamil nadu.6. ..... to the petition states of karnataka, tamil nadu and kerala and the union territory of pondicherry have been added as respondents 2 to 5 respectively.2. .....

The Cannanore Spinning and Weaving Mills Ltd. Vs. Union of India (Uoi) ...

Court : Chennai

Reported in : [1978]41STC489(Mad)

..... the french settlements became part of the indian territory by the treaty of cession and after such de jure merger, the pondicherry (administration) act (49 of 1962) came to be enacted by the parliament. ..... in substance what is urged on behalf of the appellant is that the law imposing transaction tax which was in force in the french settlements before 1st november, 1954, corresponds to the sea customs act referred to in column 3 of the schedule and, therefore, transaction tax can no longer be levied after 1st november, 1954, in the state of pondicherry in view of clause 6 of the said order. ..... the representative assembly of french settlements in india constituted by the decret dated 25th october, 1946, in exercise of the powers conferred on it by articles 33 to 48 deliberated at its meeting held on 25th april, 1953 and decided to impose a tax called 'transaction tax' on all transactions effected in the french establishments in india by natural or artificial persons who usually or occasionally purchase for reselling or perform acts coming under an industrial, commercial or artisanal operation. ..... section 4(1) of that act stated that all laws in force immediately before 16th august, 1962, the appointed day, in the former french establishments or any part thereof shall continue to be in force in pondicherry until amended or repealed by a competent legislature or other competent authority. .....

Swadeshi Cotton Mills Co., Ltd., Represented by the Secretary Vs. Comm ...

Court : Chennai

Reported in : (1972)1MLJ457

..... the droit in question was not lawfully levied by the communes within the french settlement in india and whether it is a fee or a tax, it is not in presenti exigible under section 7 of the pondicherry (administration) act, 1962 (act xlix of 1962), hereinafter, referred to as the act. ..... if, therefore, the pondicherry municipality, with which we are concerned, was lawfully levying the droit in question-prior to 16th august, 1962 and did not vary the rate or the scope of such droit' after the passing of act xlixof 1962,then it follows that such fee or tax should be considered to be one which was lawfully levied in the former french establishments and such duty or tax or cess or fee can be continued to be levied in pondicherry for the same purpose. ..... would still be illegal and beyond the competence of the pondicherry commune as the provisions of the municipal act of 1880 authorises the levy under the caption of 'weighing, measuring and gauging charges' only. ..... during this period the metropoll of france was making laws which were made applicable to the french settlements in india including pondicherry. ..... one other contention which was ; pressed into service was that prior to ; 16th august, 1962, when act xlix of 1962 was passed, there were two sets of laws in force in the commune of pondicherry. .....

D. Gobalousamy Vs. the Union Territory of Pondicherry, by Its Lt. Gove ...

Court : Chennai

Reported in : (1967)2MLJ85

..... it is common ground between the writ petitioner and the government of pondicherry as well as the union of india (respondents 1 and 2) that these appointments were made in the wake of two notifications, the first promulgated by the central government by virtue of the powers conferred on it under section 4(2) of the pondicherry (administration) act, 1962, dated 12th october, 1963 and the second termed the pondicherry judicial officers (qualifications) rules, 1963, promulgated by the president of india on 5th october, 1963, and that the appointments were based upon the modifications ensuing from those orders. ..... the arguments involve a careful exposition of the history of the french settlement of pondicherry, with regard to the aspect of the constitutional history of the settlement. ..... it appears that by a decret of february, 1701, the french law was first introduced into the french settlement of pondicherry. ..... it is noteworthy that, though the area was under british occupation from 1793 to 1816, for 23 years, the french judicial system continued to function in tact, and the french law was administered in the courts of the settlement (v. ..... this is the first phase of the constitutional history of this settlement.6. ..... the settlement at chandranagore alone was excluded, and it was transferred to india by a separate treaty; vide union of india v. .....

D. Gobalousamy Vs. Union Territory of Pondicherry and ors.

Court : Chennai

Reported in : AIR1968Mad298

..... i shall proceed on the assumption that the writ petitioner has a right to complain, and to seek these reliefs at our hands, if he can show that the orders of appointment infringed a guarantee, which is part of the treaty of cession, and which is so implemented by the poidicherry (administration) act xlix of 1962, that the guarantee is justiciable in the municipal courts of india; again, that he has a right to relief if he can show that the order of the president introducing changes in qualifications for judicial officers of the pondicherry, under the provision to art. ..... (4) the arguments involve a careful exposition of the history of the french settlement of pondicherry, with regard to the aspect of the constitutional history of the settlement. ..... the essential facts here are as follows:(4-a) it appears that by a decret of february 1701, the french law was first introduced into the french settlement of pondicherry. ..... it is noteworthy that, though the area was under the british occupation from 1793 to 1816, for 23 years, the french judicial system continued to function intact, and the french law was administered in courts of the settlement (v schmit). ..... this is the first phase of the constitutional history of this settlement. ..... the settlement of chandranagore alone was excluded and it was transferred to india by a separate treaty; vide union of india v. .....

Leo John Vs. Smt. Eugenia Preethi

Court : Karnataka

..... that is how, while considering the case of the parties in the aforesaid decision, whether the provisions of the hindu succession act was applicable to them, the madras high court considering the fact that, parliament had enacted the pondicherry (laws) regulation, 1963, and the pondicherry (extension of laws) act, 1968. ..... therefore, it is clear that as per section 3 read with the first schedule to the pondicherry 24 (laws) regulation, 1963, the provisions of the hindu succession act, 1956, were extended to the inhabitants of the union territory of pondicherry, subject to one restriction namely that in so far as renouncants are concerned, the hindu succession act would not have any application.35. ..... under section 4(2) of the pondicherry (administration) act, the central government was empowered by order to make such adoptions and modifications, for the purpose of facilitating the application of any law in relation to the administration of pondicherry and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution. ..... it is only when there is specific mention in the schedule that the provisions of hindu succession act or any other personal law is applicable, the same would be then applicable in the erstwhile french settlements including pondicherry (puducherry). .....