Court : Chennai
Reported in : AIR1959Mad261; 1959CriLJ731; (1958)IIMLJ123
..... act xxxiv of 1955 was ultra vires of the powers of the state legislature under the constitution of india.though this was a new ground raised by him at a late stage, and though such a contention has not been raised in any case till now, and though a similar sessions court has been established in bombay another presidency town, under bombay act xxxii of 1948, and in calcutta, the third presidency town, under west bengal act ..... not be amended, as it has not left the jurisdiction of the high court as it existed at the commencement of the constitution, viz, 26-1-1950 intact, and not liable to be touched by any act of parliament or the state legislatures but has given the appropriate legislature, whether parliament or the state legislature, power to derogate from the existing jurisdiction of the high court, original or appellate, civil or ..... relied on the full bench ruling of this court in nathaniel in re 1949-i mad lj 258: (air 1949 mad 481), to show that under the government of india act, 1935, the central legislature had power to amend the criminal procedure code and affect the jurisdiction of the high court conferred by the letters patent, and provide for an appeal ..... besides, there is such a thing as grafting; the grafted part is as much part of the tree, when it has been integrated with it, as the original part of the tree.indeed, in modern times, a dead man's cornea can be grafted on and integrated with a living man's eye, and the blood donated to the blood bank by a man or woman, who .....
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad462; (1965)ILLJ294Mad
..... commissioner, west bengal, air 963 ..... quite apart from the infancy protection which was claimed and rejected, it is clear that under the provisions of the act and the scheme frame under the act, a worker becomes entitled to the benefits o this scheme only on his completion of 40 days of work within one year ..... it is claimed that the petitioner firm is not entitled to the infancy protection contemplated by section 16(1)(b) of the act, for the reason that the protection would not be available whenever there was a change of ownership, which, according to the respondent, is all that took place in the ..... during the relevant period (it has been amended by act 46 of 1940) reads thus:"16 (1): this act shall not apply to--(b) any other establishment before or after the commencement of this act, unless, three years have elapsed from its establishment".the explanation to this section reads:"for the removal of doubts, it is hereby declared that the date of the establishment shall not be deemed to ..... it would follow therefore that taking the date of the application of the act as 25-1-1957 (that is the view taken by the department), the computation of the contributions will have to be made only in respect of the workers who continue in the employment beyond one year form that ..... the petitioner was rejected, the respondent holding that the liquidation of the former company would not have the effect of postponing the applicability of the act and that the act would apply with effect form 1st august 1956. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad266
..... be justifiable in law, to treat the salary and emoluments of narayana iyer as partible property because he belonged to a family which followed indigenous banking as kulachara assuming that the hindu gains to learning act did not apply, even so there is no shred to evidence to prove that the joint family incurred any expenses for any special learning in this branch of knowledge, acquired by narayana iyer; clearly ..... come to that branch and that branch alone as 'unobstructed heritage', or it may be the self-acquisition of one or more individual members of that branch, which by act of parties has been impressed with the character of joint property, owned by that branch and that branch alone to the exclusion of the other branches".(36) in . the supreme court has affirmed the ..... coparcener;(7) property held by sole surviving coparcener;(8) separate earnings of a member of the joint family; and(9) acquisitions made by means of learning now declared by the hindu gains of learning act 1930 as the separate property of the acquirer.maintenance allowance by the manager of a joint hindu family to a junior member does not come under any one of the heads of separate property referred ..... joint family property, by or more individual members thereof--whether they belong to different branches or to one and the same branch of the family--may by act of parties be incorporated with the joint property of the main family or one of its branches and a stranger may also give property to the family ..... are: bengal insurance and .....
Tag this Judgment!Court : Chennai
Reported in : AIR1967Mad241; 1967CriLJ899
..... every offence shall ordinary be enquired into and tried by the court within the local limits of whose jurisdiction it was committed.for dealing with civil petitions claiming relief's under the hindu marriage act, section 19 of the act gives a wider jurisdiction by conferring it on the court in which the place of marriage is situated, as well as the court having jurisdiction over the place where the husband and the wife resided, or last resided together ..... state of west bengal, : 1961crilj728 . ..... (2) it is the complainant's case, supported by her witness, that the alleged second marriage took place outside the madras city at avalur in north arcot district, section 17 of the hindu marriage act, 1955, declares that any marriage between two hindus solemnised after the act would be void if on the date of such marriage either party had a husband or a wife living and the provisions of ss. ..... of lords held that earl russell could be tried for bigamy in england for his marriage with a second wife of america; but the concerned offence on that case was under the offence against the persons act of 1861 which had a special clause 'where the second marriage shall have taken place in england or ireland or elsewhere'. .....
Tag this Judgment!Court : Chennai
Reported in : (1967)2MLJ1
..... . in that case the judge sitting on the original side of the high court of calcutta, exercising his powers under clause 13 of the letters patent, transferred a suit filed in a sub-court in west bengal to the high court, on the ground that the local atmosphere was surcharged with an atmosphere of prejudice created in the locality by supporters of the defendants who wielded considerable influence in the district, giving rise to a legitimate ..... to transmit the order of the privy council for execution to a subordinate court was a judgment appealable under clause 15, went on to say:it only remains to observe that their lordships do not think that section 588 of the act x of 1877 (the then civil procedure code), which has the effect of restricting certain appeals, applied to such a case as this where the appeal is from one of the judges of the court to the full court ..... case an application was made to the calcutta high court in the original side under clause 13 of the letters patent to transfer a particular suit in a subordinate judge's court in west bengal to the high court to be tried in its extraordinary original civil jurisdiction. ..... an order relating to the adequacy of the court-fee paid by the plaintiff the defendant may feel aggrieved, it is difficult to appreciate.that was a case where the high court acting under section 115, civil procedure code, interfered with the order passed by a subordinate court about the quantum of court-fee and remitted the matter for further enquiry. ..... 1965 .....
Tag this Judgment!Court : Chennai
Reported in : 1967CriLJ1528
..... state of west bengal : 1953crilj1232 and the other is chandrika sao v. ..... the prosecution of the offence under section 26(1) (h) of the sales tax act required the previous sanction of the commissioner of commercial taxes and no such sanction had been obtained and there was no complaint in respect of that offence. ..... their lord-ships proceeded on the footing that the same act of the accused amounted to an offence under section 26(1) (h) of the sales tax act and also an offence under section 353 1. p. c. ..... 799 of 1965 (mad).7. ..... the main allegation against them was as follows : on 10-2-1965 at about 11 a.m. ..... prohibiting meetings and demonstrations for a period of 15 days from 3-2-1965. ..... this was an offence under section 26 (1) (h) of the bihar sales tax act 1947. ..... is a graver offence than the offence under section 26 (1) (h) of the act.. ..5. .....
Tag this Judgment!Court : Chennai
Reported in : 1968CriLJ329
..... , or with both.in exercise of the powers conferred on the central government, by virtue of section 3 of the act, the central government issued an order called the imports (control) order 1955 (hereinafter called the order), by a notification dated 7.12.1955, which repealed the earlier orders and the relevant provisions of rule 5 of the said ..... 1963crilj403 and state of west bengal v. ..... the following terms:if any person contravenes or attempts to contravene, or abets a contravention of any order made or deemed to have been made under this act or any condition of a licence granted under any such order, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the sea customs act 1870, as applied by sub-section (2) of section 3, be punishable with imprisonment for a term which may extend to one year, or with fine ..... has been sentenced under section 120-b to undergo rigorous imprisonment for six months and under section 5 of the imports and exports (control) act 1947 read with clause 5 of the imports (control) order, 1955 to undergo rigorous imprisonment for six months and to pay a fine ..... convicted by the chief presidency magistrate, madras, under section 5 of the imports and exports (control) act 1947, read with clause 5 of the imports (control) order 1955, and under section 120-b ..... 364 of 1965 filed by the state for enhancement .....
Tag this Judgment!Court : Chennai
Reported in : (1968)1MLJ37
..... beyond the local limits of the ordinary original civil jurisdiction of the high courts of judicature at fort william, madras and bombay, and in proceedings on the appellate side of such high courts, were, as fixed by act xxvi of 1867, to a great extent tentative.the experience gained of their working during the two years in which they have been in force, seems to be conclusive as to their repressive effect on the general litigation ..... otherwise arising therefrom shall be levied by the registrar, the sheriff and the reserve bank of india, as the case may be, according to the provisions of the madras court fees and suits valuation act, xiv of 1965.as pointed out at the outset the madras court fees act by its own force is applicable to proceedings on the original side of the high court ..... abolition of this exaction, on the accession of the british power to the government of bengal, and in lieu of it, the introduction of a small percentage on the institution of ..... the preamble to the bengal regulation vi of 1797, where court-fees are contemplated for adding to the public resources, must be ..... the bengal regulation xxxviii of 1795 contained the following preamble:no expense attending the institution of suits in the first instance; and the ultimate expense, being moderate and limited, whatever length ..... by bengal regulation vi of 1797 new fees were levied, abolishing certain taxes which, it was found inconvenient to realise, and in the preamble of this regulation one finds the object of the levy is .....
Tag this Judgment!Court : Chennai
Reported in : 1968CriLJ1004
..... state of west bengal : 1959crilj1368 even an attempt to take out the currency notes outside india is an offence punishable under the sea customs act, as is clear from the provisions of ..... apart from that, even assuming that the petitioners have not committed any offence under the foreign exchange regulation act, because the contraband goods have not crossed the frontiers of india, still as observed by the supreme court in ..... 1965 under section 167(81) of the sea customs act and confirmed only the conviction of the petitioner under section 23(1) of the foreign exchange regulation act. ..... 2437 of 1965, it is contended that the charge under section 167(81) would cover the same field as charge under section 167(81) of the act and the petitioner having been acquitted of the criminal charge, the order levying penalty is illegal ..... 1965 was convicted by the sub-divisional magistrate, tuticorin both under section 23(1) of the foreign exchange regulation act and section 167(81) of the sea customs act. ..... 2437 of 1965 having been acquitted of the criminal charge, the order levying penalty is illegal, learned counsel for the respondents relies on the decision of jagadisan j. in ..... 2437 of 1965 was acquitted is there was only a strong suspicion amounting to almost a ..... 2121 of 1965 was discharged and the petitioner ..... 2121 of 1965 once the criminal court had discharged the petitioner of an offence arising out of the same transaction on the ground that no prima facie case was ..... of 1965 was ..... of 1965 and ..... (1965) ..... 1965 .....
Tag this Judgment!Court : Chennai
Reported in : (1968)1MLJ211
..... state of west bengal : 1959crilj1368 , even an attempt to take out the currency notes outside india is an offence punishable under the sea customs act, as is clear from the provisions of section ..... apart from that, even assuming that the petitioners have not committed any offence under the foreign exchange regulation act, because the contraband goods have not crossed the frontiers of india, still as observed by the supreme court in narayandas ..... their lordships have observed, in that case, that section 23 of the foreign exchange regulation act is a proceeding against the offender, and is applicable to the person who contravenes any of the provisions of that act, whereas section 167(8) of the sea customs act provides for two kinds of penalties when contraband goods are imported into or exported from india, one is a confiscation of the goods and the other is a penalty on the ..... superintendent, district jail : 1958crilj260 , that under section 186, sea customs act, the award of any confiscation, penalty or increased rate of duty under that act by an officer of customs does not prevent the infliction of any punishment to which the person affected thereby is liable under any ..... 2437 of 1965 having been acquitted of the criminal charge, the order levying penalty is illegal, learned counsel for the respondents relied on the decision of jagadisan,. ..... 2437 of 1965 was acquitted as there was only a strong suspicion amounting to almost a moral ..... 2121 of 1965 was discharged and he petitioner in .....
Tag this Judgment!