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1 - 9 of 9 (0.24 seconds)The State Of Bombay vs Adamjee Hajee Dawood And Co. on 1 March, 1951
21; State of Bombay v. Adamjee L.R. (1951) A.C. 147 and Valli v. Corporation of Madras (1915) 23 M.L.J. 531 : I.L.R. 38 Mad.. But even in such cases civil Courts have jurisdiction to examine into cases where the provisions of the statute have not been complied with or the tribunal has not acted in conformity with the fundamental principles of Judicial Procedure: Secretary of State v. Mask and Co. (1940) 2 M.L.J. 140 : L.R. 67 I.A. 222 : I.L.R. (1940) Mad.
Valli Ammal vs The Corporation Of Madras on 8 October, 1912
21; State of Bombay v. Adamjee L.R. (1951) A.C. 147 and Valli v. Corporation of Madras (1915) 23 M.L.J. 531 : I.L.R. 38 Mad.. But even in such cases civil Courts have jurisdiction to examine into cases where the provisions of the statute have not been complied with or the tribunal has not acted in conformity with the fundamental principles of Judicial Procedure: Secretary of State v. Mask and Co. (1940) 2 M.L.J. 140 : L.R. 67 I.A. 222 : I.L.R. (1940) Mad.
The Secretary Of State For India In ... vs Mask And Company, By Partners, M. ... on 8 September, 1938
21; State of Bombay v. Adamjee L.R. (1951) A.C. 147 and Valli v. Corporation of Madras (1915) 23 M.L.J. 531 : I.L.R. 38 Mad.. But even in such cases civil Courts have jurisdiction to examine into cases where the provisions of the statute have not been complied with or the tribunal has not acted in conformity with the fundamental principles of Judicial Procedure: Secretary of State v. Mask and Co. (1940) 2 M.L.J. 140 : L.R. 67 I.A. 222 : I.L.R. (1940) Mad.
Irulappa Konar And Ors. vs Madhava Konar (Died) And Ors. on 28 July, 1950
20. It will thus be open to the civil Court to go into the question for instance whether there has been a voluntary surrender by the renant terminating his character as a cultivating tenant as laid down in Chinmayanandaswamigal and others v. Sinangi Konar amd Ors. 70 L.W. (Jornal) 87 W.P. No. 699 of 4956 : The case is fully reported in (1957) 1 M.L.J. 165, Kuppammal v. Vellingiri 70 L.W. (Jornal) 11 : The case is fully reported in (1957) 1 M.L.J. 293 and Sellathammal v. M. Ganesan 70 L.W. (Jornal) 119 C.R.P. No. 890 of 1957.
The Code of Civil Procedure, 1908
Narasimha Chettiar vs Muthuswami Gounder And Ors. on 4 December, 1957
In fact, subject to the bar contained in Section 6 of the Act an aggrieved landlord can even sue for arrears of rent as pointed out by me in Narasimha Chettiar v. Muthuswami Gounder and Ors. Journal section of 71 L.W. 26 Since reported in full which reads:
Kuppammal vs Vellingiri Gounder And Anr. on 25 September, 1956
20. It will thus be open to the civil Court to go into the question for instance whether there has been a voluntary surrender by the renant terminating his character as a cultivating tenant as laid down in Chinmayanandaswamigal and others v. Sinangi Konar amd Ors. 70 L.W. (Jornal) 87 W.P. No. 699 of 4956 : The case is fully reported in (1957) 1 M.L.J. 165, Kuppammal v. Vellingiri 70 L.W. (Jornal) 11 : The case is fully reported in (1957) 1 M.L.J. 293 and Sellathammal v. M. Ganesan 70 L.W. (Jornal) 119 C.R.P. No. 890 of 1957.
V. Kuppuswami And Ors. vs Sri Subramaniaswami Devastahanam By ... on 21 January, 1958
18. It has been recently held by Balakrishna Ayyar, J., in Kuppuswami v. Subramaniaswami Devasthanam (1958) 1 M.L.J. 208, that
Having regard to the scheme of the Act and the language of the section before a civil Court can transfer a proceeding under Section 6-A of the Act, it must be satisfied that the tenant is not only a cultivating tenant as defined by the Act ; he should also be entitled to some benefit or other under the Act. If both these conditions are not satisfied, no question of any transfer under Section 6-A of the Act will arise. It may be that in coming to a conclusion whether a suit has to be transferred or not the civil Court may have to determine certain questions which are exclusively within the jurisdiction of the Revenue Courts under the Act. But this cannot affect the interpretation of the specific words of the section, viz., "cultivating tenants entitled to the benefits of the Act."
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