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Documents citing Vijaya Ragava vs The Secretary Of State For India In ... on 2 May, 1884

Seshadri Ayyangar vs Nataraja Ayyar And Ors. on 24 February, 1898

The case of Vijaya Ragava v. Secretary of State for India I.L.R. 7 Mad. 466 does not apply; there there was no question of general superintendence, and no question of a subordinate, but the question related to a statutory power, and in such a case suspension is unnecessary, because the councillor has no executive function, and there was no obstruction. [DAVIES, J.--Also that was only an appointment for a term. I As to the evidence--can this bench go into evidence? or only into the point of law referred? See Section 575, Civil Procedure Code.
Madras High Court Cites 20 - Cited by 23 - Full Document

K. Seshadri Aiyangar And Two Ors. vs Ranga Bhattar on 7 April, 1911

it was held that the dismissal of a municipal councillor for misconduct would not be set aside by the Court merely on the ground of want of notice, if the misconduct itself is proved before it. See Vijaya Ragava v. Secretary of State for India (1884) I.L.R. 7 Mad. 466 and at p. 473 (F.B.) Mr. Ramachandra Ayyar contends that his client is entitled to the profits of his office during the time that he was under suspension without notice. This proposition is, in our opinion, quite untenable as the suspension was found to be proper at the subsequent enquiry. The correct rule in such oases is, we think, that laid down at page 1406 of vol. 29, American Cyclopaedia, and in Dillon on Municipal Corporations, Section 247, although if the order is set aside as improper he might be entitled to recover the profits. In the result we reverse the decision of the lower Appellate Court and restore that of the District Munsif with costs both here and in the lower Appellate Court.
Madras High Court Cites 2 - Cited by 27 - Full Document

A.M. Ross vs The Secretary Of State For India In ... on 6 February, 1913

16. The plaintiff however relies on the decision of Kernan, Muthuswami Ayyar and Hutchins, JJ. in Vijaya Ragava v. The Secretary of State for India (1884) I.L.R. 7 Mad. At pp. 478, 486 and 487, 466, that the Secretary of State in Council was liable in damages for the illegal action of the Governor of Madras in removing the plaintiff from the Office of Municipal Councillor under the Towns Improvement Act (III of 1870). That decision does not proceed expressly on the ground that the Company would have been liable like an ordinary employer for acts done by its servants in the course of its employment; and indeed this part of the case appears to have received very little consideration.
Madras High Court Cites 9 - Cited by 16 - Full Document

Moulvi Lutfar Rahaman And Anr. vs Moulvi Waliur Rahaman And Ors. on 13 February, 1942

466 (F.B.), Vijaya Ragava v. Secy. Of State supports the view we take. In the case in 36 Mad. 120 (13) 36. Mad. 120 : 12 I.C. 311 : 21 M.L.J. 878, Nataraja mudaliar v. Municipal Council of Mayavaram the order in question was that of a Collector declaring the invalidity of an election of a candidate to a seat in a Municipal Council. The order was made under Rule 36 of the Election Rules prevailing in that Province and it seems that the power conferred upon the Collector by that rule was dependent on his own decision of the condition of facts affecting the election. The decision proceeded upon the footing that the legal character claimed there could not come into existence till the election became final. The election which was alleged by the plaintiff in that case to give him a vested status was, according to the learned Judges, only held conditionally on its being liable to be declared invalid. The election did not become final and consequently the plaintiff did not as yet acquire the status claimed. We need not proceed to examine whether or not the view of the law taken on this view of the facts was correct. All that is necessary for us to say is that the position under consideration in that case was materially different from the one now under consideration and the very judgment shows that at least in cases of status already vesting a different consideration will prevail.
Calcutta High Court Cites 2 - Cited by 0 - Full Document

The Secretary Of State For India In ... vs A. Cockcraft And Anr. on 2 December, 1914

It would also necessitate an enquiry into the correctness of the concession made by the Advocate-General in Vijaya Ragava v. Secretary of State for India (1884) I.L.R. 7 Mad. 466 (F.B.) that the Secretary of State is liable for all illegal acts of the Governor in Council, Fort St. George. I do not propose to go into these questions, as I have come to the conclusion on the records before us, that the injury caused in this case was not due to negligence resulting from the exercise of other than sovereign or administrative powers by the Government of Madras. I would therefore reverse the decrees of the District Judge and dismiss the suit.
Madras High Court Cites 5 - Cited by 14 - Full Document

A.M. Ross, Duly Authorised Agent Of ... vs The Secretary Of State For India In ... on 29 April, 1915

2. The Secretary of State in Council is not legally liable for the tortious acts of the Collector of Ganjam or of the Governor of Madras in Council. If Section 416 of the old Civil Procedure Code really laid down that the Secretary of State can be made liable for the tortious acts of a local Government or of an officer of that Government notwithstanding that the East India Company would not have been liable for such acts, that section is ultra vires of the Indian Legislature, as opposed the provisions of the Indian Councils Act of 1861. If the decision in Vijaya Ragava v. Secretary of State for India 7 M. 466 holds otherwise, it is no longer an authority as opposed to the Privy Council decision in Secretary of State for India v. Moment 18 Ind. Cas. 22 : C. 391 ( P.C.) : 24 M.L.J. 459 : 13 M.L.T. 53 : 14 C.W.N. 169 : (1913) M.W.N. 45 : 15 Bom. L.R. 27 : 11 A.L.J. 49 : 7 C.L.J. 194 : 6 Bur. L.T. 1 : 7 L.B.R. 10 : 40 I.A. 48.
Madras High Court Cites 3 - Cited by 0 - Full Document
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