Court : Chennai
Reported in : 13Ind.Cas.860; (1912)22MLJ187
..... proceedings in the small cause court. the question of transfer of suits from that court to the high court is regulated by section 13 of the letters patent.7. we must therefore uphold the objection, and we direct that the application be returned to the petitioner to be moved before a judge or judges ..... original jurisdiction could be properly made in the exercise of the high court's appellate jurisdiction. that is a case to which section 13 of the letters patent would not be applicable. there is no doubt that the presidency court of small causes is subject to the superintendence of the high court. that is expressly ..... justice in c. s. no. 264 of 1911, although the point was not expressly decided there, the application having been made under section 13 of the letters patent. the same view was held in thom is robert douceit v. josiah patrick wise (1865) 4 w. r. mis. 7. where also the application appears to ..... may be the view to be held, in the absence of clear legislative provision on the subject, it appears to us that under section 13 of the letters patent we are bound to hold that such an order should be made by the court as a court of extraordinary original jurisdiction. the terms 'original' and ' ..... should be made to a judge sitting on the original side. we are of opinion that this objection must be upheld.3. section 13 of the letters patent gives power to the high court as a court of extraordinary original. civil jurisdiction to with draw a suit pending in any other court and to try .....Tag this Judgment!
Court : Chennai
Reported in : AIR1932Mad474; (1932)62MLJ720
..... companies from time to time in force in british india, or formed in pursuance of an act of parliament or by royal charter or letters patent.28. it will thus be noted that the definition or description of the word 'company' differs materially in various enactments. it is important to ..... english) companies act, 1862 to 1890, or incorporated by the act of parliament or of the governor-general in council, or by royal charter or letters patent; and includes a society registered under the societies registration act, 1860, and a registered society within the meaning of the co-operative societies act, 1912.27 ..... means a company as denned in the indian companies act, 1913, or formed in pursuance of an act of parliament or of royal charter or letters patent, or of an act of the legislature of a british possession, and includes any foreign association carrying 'on business in british india whether incorporated or ..... of the companies act or incorporated by the act of parliament, or of the governor-general in council or by a royal charter or by letters patent.24. in the madras district municipalities act (v of 1920) practically the same definition is given. there was no definition of the word 'company ..... collective title of the companies act or incorporated by the act of parliament or of governor-general in council or by royal charter or by letters patent.' the banks in question have not been registered under the indian. companies act, 1913, but were registered under the co-operative societies act (ii .....Tag this Judgment!
Court : Chennai
Reported in : AIR1929Mad721; 118Ind.Cas.73; (1929)57MLJ190
..... rem.' they are 'toto coelo' apart: they belong to different jurisdictions which are now no doubt fused. the object of clause (12) of the letters patent is to bar the ordinary original civil jurisdiction of the high court as to actions in rent, when the land is situate outside madras; it does not ..... madhavan nair, j., having regard to the indian authorities.9. there is a very large body of case-law on clause (12) of the letters patent and the construction of that clause has led to considerable diversity of opinion. there has been a conflict of opinion on the construction of the various parts ..... learned trial judge came to the conclusion that the present suit was a suit for land within the meaning of clause (12) of the letters patent and as the land is not situated within the limits of the ordinary original jurisdiction he held that the suit did not lie and dismissed it ..... to the jurisdiction of the original side to try the case. the jurisdiction of the original side turns upon the construction of clause (12) of the letters patent issued for the madras high court (28 and 29 vic, chapter xv). clause (12) empowers the high court to try and determine suits of every ..... the imponderable adverb 'substantially' itself calls for a definition, a task more difficult in my opinion than the definition of the actual words of the letters patent. the truth is that many indian statutes fall into one of two extremes. they sometimes throw at the courts cryptic expressions without a word of explanation .....Tag this Judgment!
Court : Chennai
Reported in : AIR1985Mad348
..... by the supreme court the dismissal of the application filed by the appellants, in our view, can be treated as judgment within the meaning of the letters patent. hence, we are of the view that the appeal is maintainable.8. see. 31 of the arbitration act reads as follows -'(1) subject to the ..... which affects valuable rights of one of the parties, it must be treated to be a judgment within the meaning of the letters patent. every interlocutory order cannot be regarded as a judgment but only those orders, would be judgments which decide matters of moment or affect vital and valuable ..... iyer it will not be a judgment giving a finality as such to give right to the party to file an appeal under clause 15 of the letters patent. in shah babulal khimji v. jayaben d. kania, : 1scr187 , the supreme court has observed as follows -'whenever a trial judge decides a controversy ..... , and even assuming that such an application is maintainable, whether the order passed by the learned single judge is appealable under clause 15 of the letters patent.7. we are not satisfied with the argument of mr. r. krishna iyer learned counsel for the respondents, to the effect that an appeal under ..... under any of the provisions of the arbitration act and that, in any event, the present appeal cannot be sustained under clause 15 of the letters patent.6. the short point that we have to decide in this appeal is as to whether the present application is maintainable before the learned single judge .....Tag this Judgment!
Court : Chennai
Reported in : AIR1947Mad359; (1947)1MLJ149
..... the decree to be executed was the decree of this court in letters patent appeal, the appellant was entitled to mesne profits up to three years of the passing of the decree of this court or up to the date ..... the appellate court, the appellant was entitled to execute his decree, since the application had been filed within twelve years of the decree in the letters patent appeal. applying that decision to the facts of this case, the application of the appellant was in time.3. with regard to mesne profits, since ..... for three years from the date of the decree. nevertheless, both the courts agreed that the appellant was entitled to execute for the costs of the letters patent appeal.2. the decisions of the courts below are based on nagalinga chetti v. srinivasa aiyangar : air1941mad477 . this case was however considered, together with ..... recovery of mesne profits up to 1927, in which year the appellant obtained possession of the suit property, for the costs awarded in the letters patent appeal, and for interest on mesne profits. both the trial court and the lower appellate court he d that the application was barred by virtue of ..... of periakulam. the matter was carried in appeal and in second appeal and then again in letters patent appeal. in each court the appeal was dismissed, the date of the decree in the letters patent appeal being 15th september, 1932. the first court decreed the suit for possession and future mesne profits .....Tag this Judgment!
Court : Chennai
Reported in : AIR1984Mad212; (1983)IIMLJ314
..... of law and facts and hence they have to be relegated for trial in the suit itself. this is a case where the plaint allegations do not patently show that any part of the cause of action arises within the jurisdiction of the original side of this court. for all these reasons, the appeal ..... arose within the jurisdiction, the leave should be revoked as a matter of course. in our view, the only implication of clause 12 of the letters patent is that where no, part of the cause of action arose within the jurisdiction of the court, the revocation of the leave is a must. applying ..... of the legal principles established by judicial decisions, delineated the following proposition:-(a) that an application lies for revoking leave granted under clause 12 of the letters patent; (b) that such an application should be made at an early stage of the suit and delay and acquiescence may be a bar to such an application ..... the cause of action to file the suit on the, original side of this court will enure to the appellant herein. clause 12 of the letters patent reads as follows:-'original jurisdiction as to suits: and we do further ordain that the said high court of judicature at madras, in exercise of its ..... leave granted by allowing appln. no. 4651 of 1982. it is as against this order, the present appeal has been filed under cl. 15 of the letters patent.5. mr. m. srinivasan, learned counsel for the appellant, contends that there is an agreement at madras, between the plaintiff and respondent i in respect of .....Tag this Judgment!
Court : Chennai
Reported in : 2008(2)CTC359; [2008(117)FLR751]; (2008)IILLJ162Mad; (2008)2MLJ161
..... before the calcutta high court which came to be dismissed by the learned single judge. on an intra-court appeal filed by the respondents under clause 15 of the letters patent, the division bench, however, without going into the merit of the matter, held that the state of west bengal, being not the appropriate government in respect of the dispute raised .....Tag this Judgment!
Court : Chennai
Reported in : AIR1944Mad139; (1943)2MLJ615
..... such courts, whether an appeal actually lies thereunder to the high court or to a civil court subordinate thereto. indeed, reading clause 16 of the letters patent section 3(24) of the general clauses act, 1897, the preamble and sections 3 to 5, civil procedure code, in the light of the privy council decision ..... taken on the construction of section 3 we are not called upon to decide finally which of the two views of clause 16 of the letters patent is correct, we think it right to say that the view first aforementioned commends itself to us. the question of subordination being one of status ..... the suggestion that it is a binding authority by implication on the true construction of section 3 of the code or of clause 16 of the letters patent, where, as here, the question arises with reference to orders passed in exercise of a jurisdiction conferred by a different act,17. though in the ..... judge, however, proceeded to hold, following nilmoni's case that the revenue board was a civil court.within the meaning of clause 16 of the letters patent and subordinate to the high court which is a court of appeal from all the. civil courts of the presidency and that this order was therefore revisable ..... at all, and venkatasubba rao, j., while holding that the revenue board was a ' civil court ' within the meaning of clause 16 of the letters patent following nilmoni's case 4, and that this court had revisional jurisdiction over it as it was subject to its superintendence, dismissed section 3 with the remark .....Tag this Judgment!
Court : Chennai
Reported in : (1928)54MLJ710
..... dismissed but without costs.curgenven, j.4. i agree. it may be conceded that an order transferring a suit would amount to a judgment within section 15 of the letters patent on the ground explained by sir walter schwabe, c. j., in krishna reddi v. thanikachala mudali ilr (1924) m 136. 45 mlj 153 namely, that it terminates ..... which is a case similar in this way, namely, that the order of a judge is there said to be a judgment within article 15 of the letters patent and therefore appealable and this is put on the ground that in that case the judge by his order put an end to the case as it stood in ..... is impossible to say that it satisfies the test laid down by sir arnold white in the full bench case.2. now on the objection that no letters patent appeal lies it appears to me that applying this principle matters are left exactly as they were and that it is that that distinguishes this case from the ..... himself. narasa reddi moved the high court to transfer the city civil suit to the vellore court. this was refused and the matter now comes before us on letters patent appeal. now the question is whether this is a matter within the purview of the full bench case in tuljaram rao v. alagappa chettiar ilr (1912) m 1 ..... order now appealed from is to allow the proceedings to go on. i therefore think that on this ground it must be held that the letters patent appeal so far as the order refusing to transfer is concerned does not lie and the party has no right to have the case transferred. the letters .....Tag this Judgment!
Court : Chennai
Reported in : AIR1954Mad543; (1954)IMLJ206
..... the practice of procedure of the courts conferred under section 15 of the charter act. leach j. of the rangoon high court discovered it in clause 35 of the letters patent, rangoon. venkatasubba rao j. found no difficulty in deriving it from section 107(e) of the government of india act, 1915. section 3 of the court-fees act, 1870 assumed ..... presidency of fort william, of the governor general in council, and in madras or bombay of the governor in council of the respective presidencies."article 37 of the amended letters patent for the high court of judicature for the presidency of madras, says :"and we do further ordain that it shall be lawful for the said high court of judicature at ..... then was in 'maung ba thaw v. m. s. v. m. chettiar', air 1935 rang 460 (d) would .extract this power from clause 35 of the letters patent (corresponding to clause 37, madras letters patent). the learned judge did not agree with venkatasubba rao j. in regard to the construction of section 107(e) of the government of india act. notwithstanding the ..... such jurisdiction .... and all such powers .... and power to make rules for regulating the practice of the court, as are vested in them by letters patent, and subject to the provisions of any such letters patent, all such jurisdiction, powers and authority as are vested in those courts respectively at the commencement of this act.section 107 : each of the high courts .....Tag this Judgment!