P J IRANI Vs. STATE OF MADRAS
LAWS(SC)-1961-4-26
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on April 21,1961

P.J.IRANI Appellant
VERSUS
STATE OF MADRAS Respondents





Cited Judgements :-

DWARKA NATH VS. INCOME TAX OFFICER SPECIAL CIRCLE D WARD KANPUR [LAWS(SC)-1960-3-15] [REFERRED TO]
CHIRAG SINGHVI VS. STATE OF RAJASTHAN THROUGH POLICE COMMISSIONER, JODHPUR [LAWS(RAJ)-2017-12-86] [REFERRED TO]
CHANDER BHUSHAN ANAND VS. UNION OF INDIA [LAWS(P&H)-2004-11-70] [REFERRED TO]
PUNJAB TIN SUPPLY CO CHANDIGARH LEKH RAJ VS. CENTRAL GOVERNMENT:CENTRAL GOVERNMENT [LAWS(SC)-1983-10-7] [RELIED ON]
S KANDASWAMY CHETTIAR VS. STATE OF TAMIL NADU AND ANTHER [LAWS(SC)-1984-12-6] [RELIED ON PUBLIC RELIGIOUS AND CHARITABLE ENDOWMENTS OR TRUSTS CONSTITUTE A WELL RECOGNISED DISTINCT]
PRABHAKARAN NAIR VS. STATE OF TAMIL NADU ANT [LAWS(SC)-1987-9-7] [RELIED ON]
STATE OF UTTAR PRADESH VS. RENUSAGAR POWER CO [LAWS(SC)-1988-7-30] [RELIED ON]
STATE OF PUNJAB VS. KHAN CHAND: RAM CHANDER JAGDISH CHANDER [LAWS(SC)-1973-12-26] [DISTINGUISHED]
INDIAN METALS AND FERRO ALLOYS LTD VS. STATE OF ORISSA [LAWS(ORI)-2010-5-9] [REFERRED TO]
ISHMAD PASHA VS. STATE OF KARNATAKA [LAWS(KAR)-1997-12-47] [REFERRED TO]
G VENKATA NAIDU VS. BELLARY CENTRAL CO OPERATIVE STORES LTD [LAWS(KAR)-1967-7-13] [REFERRED TO]
CHIKKAMUDDU VS. STATE OF KARNATAKA [LAWS(KAR)-1979-7-31] [REFERRED TO]
K K KRISHNA PILLAI VS. INFANT JESUS CHURCH ERNAKULAM [LAWS(KER)-1999-11-45] [REFERRED TO]
KAMALASANAN VS. STATE OF KERALA [LAWS(KER)-1997-2-37] [REFERRED TO]
SIMBHAOLI SUGAR MILLS LIMITED VS. UNION OF INDIA [LAWS(DLH)-1992-3-49] [REFERRED , 12) JT (1991) 3 SC 172, 13)]
GOA BOTTIING CO PRIVATE LIMITED GOA VS. UNION OF INDIA [LAWS(BOM)-1988-4-60] [REFERRED TO]
BAKHSHI RAM VS. DURGA DASS [LAWS(DLH)-1969-11-7] [REFERRED]
V V PURI VS. ASSISTANT CONTROLLER RESERVE BANK OF INDIA NEW DELHI [LAWS(DLH)-1969-9-21] [REFERRED]
VADODARA SHAHERI JILLA KHEDUT MANDAL AND ORS VS. VADODARA MUNICIPAL CORPORATION AND ORS [LAWS(GJH)-2014-7-205] [REFERRED TO]
JANHIT MANCH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-11-58] [REFERRED TO]
BRAHMA PRAKASH AND OTHERS VS. U.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW AND OTHERS [LAWS(ALL)-1985-10-80] [REFERRED TO]
S V SUDHAKARA RAO VS. STATE OF A P [LAWS(APH)-2004-1-35] [REFERRED TO]
ROSHINI DEVI BAHUGUNA VS. STATE OF WEST BENGAL COURTS AT ITS OWN MOTION [LAWS(CAL)-1992-7-29] [REFERRED TO]
SURENDRA NATH RAI VS. PRAHLAD SINGH [LAWS(ALL)-2002-5-39] [REFERRED TO]
U.P.Shaskiya Adhivakta Kalyan Samiti, 8, Mustafa Market, SI VS. State of U.P. [LAWS(ALL)-2012-1-307] [REFERRED TO]
JAMSHED HORMUSHJI WADIA VS. BOARD OF TRUSTEES PORT OF MUMBAI [LAWS(SC)-2004-1-47] [REFERRED TO]
INDIAN IMMUNOLOGICALS LTD VS. NARENDRA AGRAWAL [LAWS(TLNG)-2022-2-88] [REFERRED TO]
INDIAN IMMUNOLOGICALS LTD VS. NARENDRA AGRAWAL [LAWS(TLNG)-2022-2-88] [REFERRED TO]
KESHO RAM AND CO VS. UNION OF INDIA [LAWS(SC)-1989-5-8] [REFERRED TO]
UNION OF INDIA VS. PALIWAL ELECTRICALS PRIVATE LIMITED [LAWS(SC)-1996-3-84] [CITED]
M.M. ABBAS BROS., REPRESENTED BY ITS PARTNER, MOHEIN BHAI AND ANR. VS. THE STATE OF MADRAS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF MADRAS, HOME DEPARTMENT AND ORS. [LAWS(MAD)-1962-11-37] [REFERRED TO]
P.S. SRINIVASAN AND ORS. VS. THE DECCAN SUGAR AND ABKARI COMPANY LIMITED AND ORS. [LAWS(MAD)-1972-2-46] [REFERRED TO]
MOIDUNNIHAJI VS. STATE OF KERALA [LAWS(KER)-1991-3-41] [REFERRED TO]
V RAMAN VS. STATE OF KERALA [LAWS(KER)-1994-1-42] [REFERRED TO]
M J THOMAL VS. STATE OF KERALA [LAWS(KER)-2007-10-26] [REFERRED TO]
ALL J AND K BANQUET HALL AND CATERES ASSOCIATION VS. STATE OF J AND K [LAWS(J&K)-2006-6-2] [REFERRED TO]
SHIVLAL NARANBHAI MAHARAJ VS. CHAROTAR VIDYA MANDAL [LAWS(GJH)-2011-5-122] [REFERRED TO]
MANAS KUMAR SARKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-11-8] [REFERRED TO]
Town Municipal Council VS. State of Karnataka [LAWS(KAR)-1986-2-50] [REFERRED TO]
BEHARI LAL BALDEO PRASAD VS. COMMISSIONER [LAWS(ALL)-1965-3-21] [REFERRED TO]
VEL WHITE HORSE DISTELLRIES PVT LTD VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2003-4-5] [REFERREED TO 13]
ALLAH TALA VS. DY DIRECTOR OF CONSOLIDATION KANPUR [LAWS(ALL)-1992-9-21] [REFERRED TO]
SAROJ KUMAR KAR VS. STATE OF WEST BENGAL [LAWS(CAL)-1967-3-29] [REFERRED TO]
RABINDRA NATH GHOSAL VS. UNIVERSITY OF CALCUTTA [LAWS(CAL)-1991-11-11] [REFERRED TO]
MOHAMMAD ABDUR RAQUIB VS. SECRETARY W B MADRASAH EDUCATION BOARD [LAWS(CAL)-1992-8-2] [REFERRED TO]
JITENDRA KUMAR SINGH AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2020-3-137] [REFERRED TO]
DAS & CO. VS. STATE OF BIHAR AND OTHERS [LAWS(PAT)-1986-1-32] [REFERRED TO]
MANGO RAM AND ORS. VS. THE STATE OF HARYANA AND ORS. [LAWS(P&H)-1967-11-33] [REFERRED TO]
PREMIUM GRANITES VS. STATE OF TAMIL NADU [LAWS(SC)-1993-2-101] [RELIED ON]
CONSUMER ACTION GROUP VS. STATE OF TAMIL NADU [LAWS(SC)-2000-8-45] [REFERRED]
KURIEN VS. STATE OF KERALA [LAWS(KER)-1987-11-41] [REFERRED TO]
AJMER SINGH VS. HAMIRPUR DISTT.CO-OP.MARKETING AND CONSUMERS FEDERATION LTD. [LAWS(HPH)-1994-10-16] [REFERRED TO]
MADRAS REFINERIES LTD VS. ASST COMMISSIONER CENTRAL ASSESSMENT CIRCLE IV [LAWS(MAD)-2010-1-371] [REFERRED TO]
AHIL GUPTA VS. STATE OF J&K [LAWS(J&K)-2023-11-42] [REFERRED TO]
PALANI HILLS CONSERVATION COUNCIL REP. BY ITS PRESIDENT, NAVROZ MODY VS. THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT, KODAIKANAL TOWNSHIP COMMITTEE REP. BY ITS CHAIRMAN, PLEASANT STAY (KODAI) HOTELS PRIVATE LIMITED REP. BY ITS EXECUTIVE DIRECTOR, RAKESH MI [LAWS(MAD)-1995-4-111] [REFERRED TO]
MURALIDHAR LOHIA DIED VS. NORTH MADRAS MERCHANTS ASSOCIATION [LAWS(MAD)-1996-8-69] [REFERRED TO]
S LALITHA VS. STATE OF TAMIL NADU [LAWS(MAD)-1998-8-50] [REFERRED TO]
SHUBHAKAR BALLAL VS. STATE OF KARNATAKA [LAWS(KAR)-1986-1-40] [REFERRED TO]
DILIP N. SHROFF KARTA OF N. D. SHROFF VS. JOINT COMMISSIONER OF INCOME TAX [LAWS(SC)-2007-5-203] [REFERRED TO]
CHRIST THE KING CATHEDRAL VS. JOHN ANCHERIL [LAWS(SC)-2001-7-53] [REFERRED]
STATE OF KERALA VS. VIJAYAN [LAWS(KER)-1978-3-7] [REFERRED TO]
BEHARI LAL GUPTA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-9-98] [REFERRED TO]
MOHAMMAD HUSSAIN VS. RAJASTHAN BOARD OF MUSLIM WAKF [LAWS(RAJ)-2003-2-19] [REFERRED TO]
JYOTI BISWAS VS. RAJ KUMAR GHOSH [LAWS(CAL)-2022-4-74] [REFERRED TO]
GURBAKSH SINGH VS. DELHI DEVELOPMENT CORPORATION [LAWS(DLH)-1978-5-4] [REFERRED TO]
MONNET ISPAT & ENERGY LIMITED VS. UNION OF INDIA [LAWS(CHH)-2013-1-6] [REFERRED TO]
RAM CHAND AND OTHERS VS. BHAGWAN DAS AND OTHERS [LAWS(ALL)-1963-5-28] [REFERRED TO]
A N DYES CORPORATION VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1981-8-23] [REFERRED TO]
BHIVA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-4-7] [REFERRED TO]
BHAIYA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-4-30] [REFERRED TO]
BOMBAY DYEING AND MFG CO LTD VS. BOMBAY ENVIRONMENT ACTION GROUP [LAWS(SC)-2006-3-10] [REFERRED TO]
AYAL DAS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-2-143] [REFERRED TO]
CHINTAMANI CHANDRA MOHAN AGARWAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1993-9-31] [REFERRED TO]
KAMARAJ THEATRE ROYAKOTTAI DHARMAPURI DISTRICT VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-1996-7-90] [REFERRED TO]
R R THULASIRAM VS. SECRETARY GOVERNMENT OF TAMIL NADU HOUSING AND URBAN DEVELOPMENT T I DEPARTMENT MADRAS [LAWS(MAD)-1998-2-218] [REFERRED TO]
MADRAS REFINERIES LTD. VS. ASSISTANT COMMISSIONER AND ORS. [LAWS(MAD)-2010-1-670] [REFERRED TO]
SADHU SINGH S MULLA SINGH VS. DISTRICT BOARD GURDASPUR [LAWS(P&H)-1961-8-14] [REFERRED TO]
BHAGAT RAM PATANGA VS. THE STATE OF PUNJAB [LAWS(P&H)-1963-9-34] [REFERRED TO]
RUDRA TALKIES VS. PREM SAGAR AND CO [LAWS(P&H)-1966-11-10] [REFERRED TO]
BAKKAR SINGH AND ANR. VS. BAGGU SINGH AND ORS. [LAWS(P&H)-1966-2-33] [REFERRED TO]
JOSEPH JOHN VS. STATE OF KERALA [LAWS(KER)-1986-3-38] [REFERRED TO]
V PADMANABHA RAVIVARMA RAJAH VS. STATE OF KERALA [LAWS(KER)-1962-1-20] [REFERRED TO]
SHA POOSAJI MANGILAL VS. SOUTH INDIAN HUMANITARIAN LEAGUE [LAWS(MAD)-2008-12-301] [REFERRED TO]
RUBFILA INTERNATIONAL LIMITED VS. UNION OF INDIA [LAWS(KER)-2009-6-310] [REFERRED TO]
SHYLAJA MANOHARLAL VS. STATE OF KERALA & ANOTHER [LAWS(KER)-1987-8-70] [REFERRED TO]
PANNALAL JAGANNATH PRASAD GUPTA VS. THE STATE OF MADRAS REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT AND ANR. [LAWS(MAD)-1962-12-43] [REFERRED TO]
N MUTHUSWAMI NAIDU VS. STATE OF TAMIL NADU [LAWS(MAD)-1976-7-59] [REFERRED]
GH RASUL MALIK VS. DY COMMISSIONER, FOOD AND SUPPLIES [LAWS(J&K)-1974-4-7] [REFERRED TO]
RAJYA PARSHWA SHIKSHAK SAMANWAY SAMITY VS. UNION OF INDIA [LAWS(CAL)-2023-10-108] [REFERRED TO]
CONSUMER EDUCATION AND RESEARCH CENTRE VS. STATE OF GUJARAT [LAWS(GJH)-1981-6-13] [REFERRED TO]
SUBRAY NARAYAN HEBBAR VS. STATE OF KARNATAKA [LAWS(KAR)-1987-4-11] [FOLLOWED ON]
MUDDURESHWARA MINING INDUSTRIES VS. P G R SCINDIA [LAWS(KAR)-1993-6-16] [REFERRED TO]
BIBI BATOOL VS. PRINCIPAL JUDGE CITY CIVIL COURT BOMBAY [LAWS(BOM)-1967-8-1] [REFERRED TO]
RAJARAM ATMARAM LANDE AND OTHERS VS. STATE OF MAHARASHTRA, THROUGH THE SECRETARY, AGRICULTURE AND CO [LAWS(BOM)-1972-12-15] [REFERRED TO]
KETAN POTTERY WORKS AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(GJH)-2016-2-212] [REFERRED TO]
OMPRAKASH DEWANGAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-3-7] [REFERRED TO]
INDIAN OIL CORPORATION LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-1-88] [REFERRED TO]
MAHABIR PRASAD SHARMA VS. STATE TRANSPORT [LAWS(ALL)-1971-2-13] [REFERRED TO]
K L SAHGAL VS. STATE OF U P [LAWS(ALL)-1965-2-11] [REFERRED TO]
TASKINUDDIN VS. STATE (NCT OF DELHI) [LAWS(DLH)-2013-9-116] [REFERRED TO]
SK MD SOLEMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-1963-5-5] [REFERRED TO]
ALAK PROKASH JAIN VS. UNION OF INDIA [LAWS(CAL)-1971-9-22] [REFERRED TO]
DELHI HIGH COURT LEGEL SERVICES COMMITTEE VS. GOVT. OF NCT OF DELHI [LAWS(DLH)-2009-9-211] [REFERRED TO]
JAIPUR GOLDEN GAS VICTIMS ASSOCIATION VS. UOI [LAWS(DLH)-2009-10-29] [REFERRED TO]
CHINTAPALLI ACHAIAH VS. P GOPALAKRISHNA REDDY [LAWS(APH)-1965-1-7] [REFERRED TO]
S RAMAYYA VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1980-8-34] [REFERRED TO]
NALAM RAMALINGAYYA HEREDITARY TRUSTEE OF NALAM CHO VS. THE COMMISSIONER OF CHARITABLE AND HINDU RELIGIOUS [LAWS(APH)-1969-12-34] [REFERRED TO]
SUJATA MALHOTRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-4-4] [REFERRED TO]
VASU DEV SINGH VS. UNION OF INDIA [LAWS(SC)-2006-11-67] [REFERRED TO]
BAJAJ HINDUSTAN LTD VS. SIR SHADI LAL ENTERPRISES LTD [LAWS(SC)-2010-11-10] [REFERRED TO]
BHANWARLAL VS. RAJASTHAN STATE ROAD TRANSPORT [LAWS(RAJ)-1984-3-15] [REFERRED TO]
CHARAN LAL SAHU RAKESH SHROUTI RAJKUMAR KESWANI NASRIN BI VS. UNION OF INDIA [LAWS(SC)-1989-12-35] [RELIED ON]
SHREE GANESH TRADING CO SAUGOR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1972-4-17] [REFERRED TO]
GOPALDAS VS. Y J.SHAMSHUDEEN [LAWS(MAD)-2012-7-260] [REFERRED TO]
SEWA SING VS. STATE OF PUNJAB [LAWS(P&H)-1967-11-46] [REFERRED]
NORATA RAM VS. THE STATE OF PUNJAB [LAWS(P&H)-1963-10-19] [REFERRED TO]
STATE OF KERALA VS. ANNAM [LAWS(KER)-1968-4-15] [REFERRED TO]
AJMER SINGH VS. THE HAMIRPUR DISTT. COOP. MARKETING CONSUMERS FEDERATION LTD. & ORS. [LAWS(HPH)-1994-10-21] [REFERRED TO]
MASTER SINGHAM VS. DIRECTORATE OF EDUCATION GOVT. OF NCT OF DELHI PRIVATE SCHOOL [LAWS(DLH)-2023-12-15] [REFERRED TO]
MUTHUSWAMI NAIDU VS. THE STATE OF TAMIL NADU, REP. BY SECRETARY TO GOVT., HOME DEPT. & ANOTHER [LAWS(MAD)-1975-1-49] [REFERRED TO]
P DWARAKNATH REDDY VS. NEW INDIA MARITIME AGENCIES [LAWS(MAD)-1990-11-45] [REFERRED TO]
SITYLAJA MANOHARLAL VS. STATE OF KERALA [LAWS(KER)-1987-8-39] [REFERRED TO]
SUBHAM GOODWILL P LTD VS. COMMISSIONER OF CUSTOMS [LAWS(DLH)-2003-3-65] [REFERRED TO]
ASHOK KUMAR VS. LALA SRI KISHAN DASS [LAWS(DLH)-1982-11-1] [REFERRED .]
KADWANI FORGE LTD THRO DIRECTOR UTPALBHAI B SAVALIYA AND ORS VS. STATE OF GUJARAT [LAWS(GJH)-2014-7-230] [REFERRED TO]
MILAN RANI SAHA VS. NEW INDIA ASSURANCE COMPANY LIMITED [LAWS(GAU)-2000-4-2] [REFERRED]
SRI GOPI NATH VS. DIRECTOR GENERAL DOORDARSHAN [LAWS(ALL)-1989-5-43] [REFERRED TO]
STATE OF PUNJAB VS. SALIL SABHLOK [LAWS(SC)-2013-2-60] [REFERRED TO]
HUKAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1974-11-8] [REFERRED TO]
MUNICIPAL COMMITTEE VS. STATE OF PUNJAB [LAWS(P&H)-1966-1-17] [REFERRED TO]
S MANIMUDI VS. STATE OF TAMIL NADU [LAWS(MAD)-1992-12-28] [REFERRED TO]
SAHUL HAMEED VS. STATE OF TAMIL NADU [LAWS(MAD)-1983-4-57] [REFERRED TO]
RAMRAJ SINH THAKUR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1968-10-5] [REFERRED TO]
JAYANTILAL KALIDAS MEHTA VS. STATE OF MAHARASHTRA [LAWS(BOM)-1970-10-8] [REFERRED TO]
NAVINCHANDRA SHAKERCHAND SHAH VS. AHMEDABAD CO OP DEPARTMENT STORES LIMITED [LAWS(GJH)-1977-3-1] [REFERRED]
NEELASEKHARA RAJU VS. RETURNING OFFICER [LAWS(KAR)-1986-8-33] [REFERRED TO]
UNIVERSITY OF AGRICULTURAL SCIENCES EMPLOYEES ASSOCIATION REGD BANGALORE VS. REGISTRAR UNIVERSITY OF AGRICULTURAL SCIENCES BANGALORE [LAWS(KAR)-1990-8-42] [FOLLOWED ON]
MAKS CASTING P LTD VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2010-9-9] [REFERRED TO]
YELAMARTHI SARATH KUMAR VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2011-3-98] [REFERRED TO]
SRINIVASA CONVENT AIDED HIGH SCHOOL VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2003-8-32] [REFERRRED TO 11]
KALPANA PAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-8-176] [REFERRED TO]
JAGAT TALKIES DISTRIBUTORS VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2007-12-98] [REFERRED TO]
UNION OF INDIA VS. COSMO FILMS LIMITED [LAWS(SC)-2023-4-134] [REFERRED TO]
KANHU ALIAS KANHER GOUDA VS. STATE OF ORISSA [LAWS(ORI)-2008-2-7] [REFERRED TO]
RAVNEET KAUR VS. CHRISTIAN MEDICAL COLLEGE LUDHIANA [LAWS(P&H)-1997-5-1] [REFERRED]
STATE OF BIHAR VS. BIHAR CHAMBER OF COMMERCE [LAWS(SC)-1996-2-20] [RELIED ON]
RAVAL AND CO VS. K G RAMACHANDRAN [LAWS(SC)-1973-12-16] [RELIED ON]
AMITA BANTA VS. STATE OF HARYANA [LAWS(P&H)-2009-12-40] [REFERRED TO]
SEHAJDHARI SIKH FEDERATION VS. UNION OF INDIA [LAWS(P&H)-2011-12-23] [REFERRED TO]
KANHAIYALAL THAKURDAS VS. GULAB BAI DIGAMBAR JAIN KANYA VIDHYALAYA [LAWS(MPH)-1964-9-6] [REFERRED TO]
SATYA DEV VS. THE STATE OF PUNJAB AND ANR. [LAWS(P&H)-1963-12-26] [REFERRED TO]
RAMJI LAL RAM LAL VS. STATE OF PUNJAB [LAWS(P&H)-1965-12-17] [REFERRED TO]
KAMAL KISHORE VS. STATE OF H.P. [LAWS(HPH)-1989-6-20] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. SUMITRA DEVI [LAWS(HPH)-2002-7-4] [REFERRED TO]
T.K.S. ELANGOVAN VS. THE STATE OF TAMIL NADU REP. BY ITS CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, FORT ST. GEORGE CHENNAI [LAWS(MAD)-2016-12-100] [REFERRED TO]
N K T NATIONAL GIRLS HIGHER SECONDARY SCHOOL VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-1998-8-127] [REFERRED TO]
R PALANIVELU GOUNDER VS. STATE OF TAMIL NADU [LAWS(MAD)-1982-11-24] [REFERRED TO]
S GURBAKHSH SINGH VS. DELHI STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED [LAWS(DLH)-1978-5-20] [REFERRED]
SURESH CHANDERA SHARMA VS. DELHI LIBRARY BOARD [LAWS(DLH)-1969-11-11] [REFERRED ,]
MESSRS MAXIM TUBES COMPANY PVT LTD VS. UNION OF INDIA : 2018 [LAWS(GJH)-2019-2-97] [REFERRED TO]
STATE OF MAHARASHTRA VS. KUSUM CHARUDUTT BHARMA UPADHYE [LAWS(BOM)-1980-11-18] [REFERRED TO]
SURAJ PRAKASH VS. STATE [LAWS(ALL)-1963-1-4] [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal against a judgment of a Division Bench of the High Court of Madras on a certificate under Arts. 132 and 133(1) of the Constitution, and raises for consideration the constitutionality of S. 13 of the Madras Buildings (Lease and Rent Control) Act, 1949 and the legality of an order of the State Government passed thereunder.
(2.)The facts giving rise to the appeal are briefly as follows : The dispute relates to premises No. 1, Blackers Road, Mount Road, Madras - a property which was originally owned by one Sir Haji Ismail Sair. In or about the years 1914 one Venkayya obtained a lease of this property from Sir Haji Ismail Sait and constructed a cinema theatre thereon which he ran under the name of "the Gaiety Theatre". Venkayya was adjudicated an insolvent and the Official Assignee of Madras in whom his estate including the leasehold interest in the suit site vested, obtained a further lease of the property from the representatives of Sir Haji Ismail Sait who had by then diesd for a period of 9 years from March 1926. Thereafter the Official Assignee sold the superstructure of the theatre to one Mrs. Madan to whom he also assigned the unexpired portion of the lease. Mrs. Madan, subsequently, obtained a further lease of the property from the representatives of Sir Haji Ismail Sait's estate for a further period of 7 years from June 1935 Mrs. Madan was thus the owner of the super-structure and the lessee of the site, with a term which would expire in or about May 1942. While one T.S.P.L.P. Chidambaram Chetty who is the second respondent before us obtained a conveyance of all the rights which Mrs. Madan possessed in the super-structure and in the lease for a sum of Rs. 36,000/- under a registered deed dated January 4, 1937, and he ran the cinema house from then.
(3.)There was litigation between the heirs of Sir Haji Ismail Sait, pending on the original side of the High Court of Madras, and by interim orders passed in two suits (C. S. Nos. 280 and 286 of 1939), the High Court appointed two advocates as Joint Receivers to administer the property in suit. In the the early months of 1940, one J. H. Irani the father of P. J. Irani - the appellant before us - had negotiated with the Receivers for a lease of a property adjacent to No. 1 Blackers Road with a view to construct a cinema theatre thereon. That lease was for a period of 21years and would have expired in or about April May 1961. Irani offered to the Receivers to take a lease also of the property now in dispute and on which the Gaiety theatre stood, also till April-May 1961. The Receivers then moved the Court for directions regarding the grant of the lease. The second respondent, whose term of lease would have expired in 1942, was offered by the Court the option of taking a leased for 21 years from the 1st of May, 1940 but he expressed his unwillingness to take a lease for such a long term. He was, however, willing to have the lease continued for a period of 7 years from the 1st of May 1940 i.e., for 5 years beyond the term of his then existing lease. The Court thereupon passed an order on May 2, 1940, reading :
"The lessee of the Gaiety Theatre (Chidambaram Chetty) will be given a lease of seven years from this date. They will not be given any further option. On the expiry of that period, i.e., from 2nd May 1947 the same may be included in the lease of J. H. Irani at the same rate of rent at which it is being leased to the lessee of the Gaiety Theatres."

In accordance with this order the Receivers of the estate of the late Sir Haji Ismail Sait executed two lease deeds (1) in favour of the second respondent for a period of 7 years from May 1, 1940 and (2) a reversionary lease in favour of J. H. Irani for a period of 13 years - 11 1/2 months commencing from May 1, 1947, i.e., on the expiry of the lease in favour of the second respondent this term being fixed so as to be conterminous with the lease of the neighbouring property which Irani was being granted.



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