Court : Chennai Madurai
..... upon any public officer, licensee or any other person engaged in the business of supplying electricity under this act, subject to such conditions and restrictions, if any, as the appropriate government may think fit to impose and to the provisions of the indian telegraph act,1885(13 of 1885), any of the powers which the telegraph authority possesses under that act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or ..... it is further contention of the learned counsel for the petitioners that if there is objection from the land owners, the respondents/board can always approach the district magistrate to get appropriate orders to place electricity line without the consent of the land owners; but, in the instant case, without doing so, the licensee/board is straightaway trying to place electricity line in the lands of the ..... mr.b.saravanan appearing for some of the petitioners herein submitted that section 12(2) of the 1910 act provides the procedures to obtain orders from the appropriate authority to proceed with the work in spite of the objection from the land owners. ..... one more reference could be placed in the judgment delivered by the learned single judge of this court in w.p.no.36566 of 2007, dated 28.01.2008, in the case oft.s.t.kaznavi vs. ..... proposition, the learned counsel for the electricity board has also relied upon the judgment delivered by this court in w.p.no.36566 of 2007, dated 28.01.2008, in the case oft.s.t.kaznavi vs. .....
Tag this Judgment!Court : Chennai Madurai
..... state that to their shock and surprise, the impugned notice, dated 08.07.2008 came to be issued based on the order passed in w.p.no.10805 of 2007, dated 02.01.2008, calling upon them to remove the encroachments, within 15 days from the date of receipt of the notice, failing which, appropriate action will be initiated under section 339 of the tamil nadu panchayat act and necessary charges will also be collected by invoking sections 340(1) and ..... parte decree, has ended in rejection and that apart, the 4th respondent in the form of representation has also sought to implement the said judgment and decree and this court vide order dated 02.01.2008 in w.p.no.10805 of 2007, also directed the concerned respondents to pass orders on the representation submitted by the 4th respondent, in accordance with law, after putting the encroachers on notice and accordingly, ..... 633 are classified as cart track government poramboke lands and as such, the said land is exclusively with the local body and this court vide order, dated 02.01.2008 in w.p.no.10805 of 2007 had also directed the collector of ramnad district, tahsildar of rameswaram, to consider the representation of the 4th respondent. ..... counsel appearing for the petitioners that they may be permitted to submit representations renewing their request for issuance of pattas to the 3rd respondent and appropriate direction may be issued to him, to sympathetically consider the representations and pass appropriate orders in accordance with law. 4. .....
Tag this Judgment!Court : Chennai Madurai
..... the clauses provide that if the magistrate finds that the accused is incapable of making his defence due to unsoundness of mind, to refer such a person for appropriate medical treatment in accordance with section 330. 17. ..... the trial court is directed to take appropriate steps so as to incarcerate the appellant/first accused in prison. ..... ] amendment act, 2008. ..... on the basis of evidence given by prosecution witnesses and also the fact that only due to attack made by the first accused the deceased has passed away, the act of the accused would come within the purview of 304(ii) of the indian penal code. 27. ..... therefore, the court cannot come to a conclusion that the act of the first accused would come within the purview of section 323 of the indian penal code. 29. ..... further he would say in his evidence that even at the time of giving treatment, the first accused has acted as a normal man. ..... act and the same have been read over and explained to them. .....
Tag this Judgment!Court : Chennai Madurai
..... has flown under the bridge for the reason that subsequently sale was confirmed in favour of the respondents 3 and 4, who were declared as successful bidders and for the purpose of taking possession, section 14 of the act has been invoked and therefore, at this distant point of time, it is not open to the petitioner to contend otherwise and also drawn the attention of this court to the impugned order, which is challenged in this writ ..... 1416 of 2015, dated 03.02.2015, wherein, it has been held that section 5 of the limitation act is also applicable to the proceedings initiated before the debts recovery tribunal also and in the light of the same, the impugned order warrants interference and prays for appropriate orders. ..... per contra, learned standing counsel appearing for the first respondent bank would submit that though challenge has been made to the sale notice dated 03.01.2008 in the light of the observation made in the order dated 01.06.2011 made in w.a. ..... thereafter, challenging the sale notice, dated 03.01.2008, the petitioner, filed s.a.sr.no.5438 of 2013 with condone delay of more than 700 days and in paragraph no.7 of the said application, it is stated as follows :- "7 ..... the securitization appeal in s.a.no.1 of 2008 was also dismissed by the tribunal on 22.02.2010 ..... being the guarantor challenged the legality of the proceedings of the bank before the debts recovery tribunal, madurai and had the benefit of interim orders regarding tender-cum-auction and sale fixed on 03.01.2008. .....
Tag this Judgment!Court : Chennai Madurai
..... bom.) (db), it has been held that for the purpose of imposing penalty, the adjudicating authority under customs act, 1962 may in an appropriate case impose a penalty both upon a partnership firm as well as on the partners and whether the facts and circumstances of a case warrant imposition of penalty both on the firm and its partners should be decided on the facts ..... mumbai and would submit that as per the ratio laid down in the above cited decisions, simultaneous penalty can be imposed both on the partners and partnership firm under section 112 (a) of the customs act where the charge on the firm is of acting or omitting to act rendering the goods liable for confiscation and the notice issued to the partner makes out a separate case of abetment on his part and the said abetment should be in respect of ..... , had filed this appeal and it was admitted on the following substantial question of law: "whether the appellate tribunal was justified in sustaining the penalty on the partner and partnership firm simultaneously under central excise act, 1944?" 2. a perusal of the materials placed before this court would reveal that based on the intelligence gathered by the officers of hpu, madurai, that m/s.paragon paper private limited, 543/2, perumal goundanpatti, b.ammapatty, theni ..... . total receipts available from the 80 pages note books for the period from march, 2005 to december, 2008, work out to rs.3,18,96,521/- .....
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..... rajan, learned counsel for the petitioner, however, contended that the opinion of the authority was erroneous because, under section 3(ii) of the act, there is a power to proceed against the borrowers in order to satisfy the demands of the depositors and therefore, the competent authority sent the proposals to the state government and the state government may pass orders and hence, appropriate direction may be issued. 8. ..... view of the non-payment of the deposits, a criminal case was registered under cr.no.29 of 2006 under the provisions of the tamil nadu protection of interests of depositors (in financial establishments) act, 1997 and the charge sheet has been filed before the special court dealing with the said case. 4. ..... present case, a perusal of section 4(5) of the act, will clearly show that the competent authority should make an application to any court having jurisdiction to try similar cases or deal with the subject matter pertaining to money or property belonging to a financial institution or any person specified in section 3 situated within the territorial jurisdiction of that court for appropriate orders. 9. ..... while this court does not find any illegality in the impugned order passed by the third respondent, nothing prevents the petitioner from moving the state government for passing necessary and appropriate orders under section 3 of the act. ..... already, a criminal case has been registered in cr.no.30 of 2008 and the case is pending before the special court in c.c.no.46 of .....
Tag this Judgment!Court : Chennai Madurai
..... at this juncture, it is appropriate to consider the decision of the division bench of this court in devaki thiyagarajan v. ..... in so far as the present appeal is concerned, we would like to place it on record that the principle of lis pendens embodied in section 52 of the t.p.act being a principle of public policy, no question of good faith or bona fide arises. ..... (prayer: civil revision petition filed under article 227 of the constitution of india, praying this court to set aside the fair and decretal order made in i.a.no.329 of 2007 in o.s.no.83 of 2007, dated 5.2.2008, on the file of the district munsif-cum-judicial magistrate, keeranur.) 1. ..... this revision has been filed seeking for a direction to set aside the fair and decretal order made in i.a.no.329 of 2007 in o.s.no.83 of 2007, dated 5.2.2008, on the file of the district munsif-cum-judicial magistrate, keeranur. 2. ..... therefore in the light of the provisions of the land encroachment act as well as government orders, the revision petitioners can very well approach the authorities concerned to seek their relief. 6. ..... section 52 of t.p.act is a substantive law, whereas the provisions of order 1, rule 10(2) of c.p.c. ..... the trial court has also considered the contentions of the petitioners as well as respondents and allowed the application on payment of cost of rs.200/- each payable by respondents 1 to 31 to the plaintiffs/revision petitioners on or before 19.2.2008. 8. .....
Tag this Judgment!Court : Chennai Madurai
..... or coercion in respect of the execution of the will propounded, such pleas may, have to be proved by the caveators; but, even without such pleas circumstances may raise a doubt as to whether the testator was acting of his own free will in executing the will, and in such circumstances, it would be a part of the initial onus to remove any such legitimate doubts in the matter. 21. ..... of d.w.5 and medical report ex.b6, it is stated that the said sankarakumara pillai was discharged on 11.05.1991 and his general condition was fairly well and conscious through the hospital stay and appropriate care and management was given. ..... counsel for the appellants would submit that as per section 70 of the indian evidence act, the burden is upon the respondents/defendants to prove that the cancellation of will ..... it is also appropriate to consider the decision reported ..... is also appropriate to consider ..... it is appropriate to consider ..... it is appropriate to consider ..... it is appropriate to consider the citation reported in air ..... it is appropriate to consider ..... learned counsel for the respondents submitted that section 70 of the indian evidence act deals with how can the unprivileged will can be cancelled? ..... but before we do that it may be necessary to extract section 70 of the act: no unprivileged will or codicil, nor any part thereof shall be revoked of otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which ..... 2008 ..... 2008 .....
Tag this Judgment!Court : Chennai Madurai
..... employee) employed in the execution of the work any compensation which he would have been liable to pay if that (employee) had been immediately employed hy him; and where compensation is claimed from the principal, this act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wagers of the (employee) under the employer by whom ..... workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, this act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by ..... appellant contended that the deputy commissioner of labour failed to consider:- (i) the fact that the appellant is not an industry or public utility and that the provisions of labour laws and workman compensation act are not applicable to the appellant; (ii) the documents filed by appellant along with counter which form part of the records; (iii) having held that third respondent is a contractor and the appellant ..... the executing court shall pass appropriate orders in accordance with law as to the manner in which the owner of the ..... dated 03.09.2015 in cma no.2334 of 2008 (the communications limited vs. .....
Tag this Judgment!Court : Chennai Madurai
..... behalf of the petitioner is that the third respondent / joint commissioner, hrandce department, madurai, had passed an order on 03.03.2016, under section 78 of the tamil nadu hindu religious and charitable endowment act, by recording the petitioner's brother as 'deceased' and the above jeganathan had encroached the aforesaid house, without any material evidence to substantiate the same and in this regard, without serving notice to them ..... it is needless for this court to make a significant mention that if the petitioner files an 'appeal' before the appropriate authority under the act, then the authorities concerned shall dispose of the appeal after providing due opportunity to the petitioner and others concerned, if any, in the manner known to ..... time immemorial and if at all a fair enquiry, is to be conducted, they ought to have followed the procedures prescribed under section 34(b) of the tamil nadu hindu religious and charitable endowment act, further, if opportunity is afforded to the petitioner, they could regularize the arrears of rent in respect of their house and that failure of payment of rent was neither willful nor wanton. ..... considered view that the petitioner can very well seek appropriate remedy as against the impugned order, dated 16.03.2016 of the first respondent and the consequential order, dated 06.06.2016 of the second respondent, under the tamil nadu hindu religious and charitable endowments act,1959. ..... aggrieved to move before the appropriate forum under the 'act'. .....
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