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Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: chennai Page 10 of about 31,106 results (0.070 seconds)

Feb 15 2011 (HC)

The Management of Magus Customer Dialog Private Limited Vs. the Deputy ...

Court : Chennai

..... and other additional remuneration, if any, paid at intervals not exceeding two months, but does not include- (a) any contribution paid by the employer to any pension fund or provident fund, or under this act;(b)any travelling allowance or the value of any travelling concession;(c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment."11. ..... judgment held that even after the explanation offered, if any orders are passed, the same can be challenged only by a dispute raised under section 75 of the esi act before the appropriate esi court. ..... in the present case, whether conveyance allowance can be treated as travelling allowance coming within the definition of section 2(22)(b) of the esi act is essentially a question of fact for which evidence will have to be let in by the parties as was done in the case ..... clayton's judgment, the court dealt with the definition of the term 'wages' found under section 2(22) of the esi act and thereafter gave its own interpretation as to how the conveyance allowance cannot be construed as wages.10. ..... after referring to certain case laws, in paragraph 2 of the reply dated 14.02.2008, they had stated as follows:- "conveyance allowance/travel allowance is paid to our employees to compensate the expenses incurred by them ..... but the petitioner in their original reply dated 14.02.2008 have claimed that the value was less than 25% ..... directorate and another (2008) 12 scc 359 ..... in 2008-ii-llj-50 ..... admitted on 29.09.2008. .....

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Nov 21 2011 (HC)

Saravanan Vs. Subramaniya Mudaliyar

Court : Chennai

..... the court to the conclusion that long after the issuance of the said notice, the suit was filed and as per the current law as found embodied in the amended section 106 of the transfer of property act, nothing could be found fault with the procedure adopted by the plaintiff long after 15 days, so to say after the expiry of almost a month and a half, the suit was filed. ..... as per the statutory requirements, there should be clear 15 days from the date of notice ending with the tenancy month and defect if any in the notice, it is curable in appropriate circumstances as found embodied in the cited provision of law supra. ..... in the result, the second appeal is dismissed, confirming the judgment and decree dated 07.07.2011 made in a.s.no.33 of 2010 on the file of the subordinate court, kovilpatti, in confirming the judgment and decree dated 19.02.2010 made in o.s.no.32 of 2008 on the file of the district munsif court, vilathikulam. ..... this second appeal is focussed by the defendant animadverting upon the judgment and decree dated 07.07.2011 made in a.s.no.33 of 2010 on the file of the subordinate court, kovilpatti, in confirming the judgment and decree dated 19.02.2010 made in o.s.no.32 of 2008 on the file of the district munsif court, vilathikulam.2. ..... it appears that the termination notice dated 16.06.2008 was issued by the landlord to the tenant and it was received on the same day by the tenant.17 ..... harnam singh and another reported in 2008 (4) scale 300 and(iii) state bank of india and others v .....

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Apr 26 2012 (HC)

South Kallikulam Catholic Vs. the Government of Tamil Nadu and ors.

Court : Chennai

..... . therefore, considering the facts and circumstances of the case and also the long drawn litigation between the parties, it would be appropriate to direct the educational authorities - respondents 1 to 4 to effect direct payment of salary to the approved teachers of kamaraj middle school, therkku ..... . from a bare reading of sub section (1) of section 34, it is clear that the only obligation cast upon the registrar, upon receipt of any document or form filed under the act, is to call for any further information or explanation in respect of any matter, to which, such document relates to sub section (3) makes it still more clear by prescribing that the registrar may annex such information or explanation to ..... the event if he does not satisfy as to the particulars and thereby does not accept form vii, he has to issue a direction relegating the parties to approach the civil court for appropriate orders and thereafter shall act as per the orders of the civil court ..... . elaborating upon r.muralidaran case (2008-2-l.w.75), in subsequent division bench judgment in c. ..... . r.muralidaran case (2008-2-l.w.75) was followed by another division bench in tirunelveli cms-evangelical ..... district registrar,cheranmahadevi, (2008 writ l.r ..... . 75 : 2008 (1) mlj 1308), at paragraph no.19, the duties to be performed by the registrar, which can be demarcated into three categories as (a) ministerial, (b) administrative and (c) quasi-judicial ..... district registrar, south madras and another, (2008-2-l.w .....

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Nov 25 2014 (HC)

K. Sundaralingam Vs. 1. the District Collector

Court : Chennai

..... that the second respondent/devakottai municipality had not allotted eight shops in question to the respondents 4 to 11 based on the conduct of fresh tender-cum- auction by following the ingredients of the tamil nadu transparency in tenders act, 1998, this court to prevent an aberration of justice, on this ground alone (without going into the aspect as to whether the special meeting dated 10/10/2014 of the municipality was held or not) holds ..... . on the other hand, the first respondent has filed an affidavit stating that the third respondent was registered as no.75 of 1969-1970 on 10.10.1969 under the societies registration act, 1860; that the issue as to which of the constitutions is genuine (annexure p-1 or annexure p-11) does not affect his eligibility to be an office-bearer of the third respondent; that the constitution that was relied ..... . it was held that the expression 'person aggrieved' in a statute meant a person who had suffered a legal grievance; anyone given the right under section 37 of the act of 1959 to have his representation considered by the minister was a person aggrieved, thus section 31 applied, if those rights were infringed; but the applicants had not right under the ..... to the authorities concerned with regard to the illegal act of the second and third respondents and sought for further and appropriate action, so as to set things right. ..... . commissioner, coimbatore corporation, coimbatore and others reported in {(2008) 3 mlj185, at special page no.186, wherein it .....

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Apr 17 2012 (HC)

K.R.Chandrasekaran Vs. Union of India and ors.

Court : Chennai

..... 2002 to the tenant in occupation and also in that event direct the bank or financial institution to give such tenant sufficient time to file appeal under section 17 of the sarfaesi act to the debts recovery tribunal; and(vii)thereafter pass appropriate orders, which shall contain laconically the above said considerations to evince that there has been an application of mind by the authority.w.p.nos.30223 and 30184 of 2011,104 and 105 ..... to the tenant in occupation and also in that event direct the bank or financial institution to give such tenant sufficient time to file appeal under section 17 of the sarfaesi act to the debts recovery tribunal, and thereafter the chief metropolitan magistrate or district magistrate should pass appropriate orders and such order shall contain laconically the above said considerations to evince that there has been an application of mind by the authority. ..... the petitioner in the said writ petitions (w.p.nos.950 of 2012 and 30223 of 2011) has availed from the second respondent/bank, on 31.1.2005, a housing loan to the extent of ` 8,82,000/- and, on 23.7.2008, a cash credit loan to the extent of ` 20,00,000/-, in respect of which the outstanding as on 1.3.2011 under the cash credit loan facility was ` 21,58,531.40 and the housing loan outstanding as on 19.3.2011 was arrived ..... is a tenant, he has not stated in the affidavit filed in support of the writ petition as to the period of his tenancy, except producing an unregistered rental agreement dated 7.8.2008. .....

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Apr 11 2012 (HC)

Bhaskar Srinivasan Vs. the Revenue Divisional Officer,

Court : Chennai

..... article 226 of constitution of india for issuance of a writ of mandamus to direct the 1st respondent to consider and pass orders on the appeal dated 16.03.2009 submitted by the petitioner against the orders of the 2nd respondent dated 22.12.2008 for the grant of patta in respect of the lands comprised in survey no.245/2, pothur village, ambatur taluk, tiruvallore district measuring to an extent of 1 acre 36 cents, after affording opportunity of personal hearing to the petitioner and within a time ..... the application moved by the petitioner to the 2nd respondent for grant of patta was not decided by the 2nd respondent, though it was the statutory obligation under section 3 of the tamil nadu patta pass book act, to pass appropriate order on an application moved under the act. ..... the petitioner had to file w.p.no.15666 of 2008, for directing the 2nd respondent to take decision on the application moved by the petitioner. ..... this inaction shows that the 1st respondent has also failed to perform his statutory obligation under the act to decide and dispose of the statutory appeal. ..... it was in pursuance to the directions of this court, that the 2nd respondent woke up from the slumber, and rejected the application filed by the petitioner on 22.12.2008.4. .....

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Apr 04 2012 (HC)

V.Ananda Mudaliar Vs. the Secretary to Government, and ors.

Court : Chennai

..... it is open to the petitioners to make appropriate representation and convince the authorities about the illegality or otherwise of the impugned notices. ..... in the said judgment, it was held that in respect of the encroachers, the power of the joint commissioner to deal with the explanation given by the encroachers and to pass appropriate orders was also upheld. ..... similarly placed persons challenged the notice issued under section 78 of the act and was dismissed by this court in w.p.no.13906 of 2008 etc. ..... with reference to the superstructure in case of removal, the act provides for compensation failing which the tribunal can order for enhancement of compensation.5. ..... this court by a judgment dated 28.10.2008 in adivaram varthagargal sangam, palani represented by its secretary vs. ..... since the act provides for self contained remedy and that the provisions of the act were also upheld by this court, the writ petitions are dismissed. ..... the encroachment notice issued under section 78 of the hindu religious and charitable endowments act, 1959, is under challenge. ..... act, 1959, as amended by act 28 of 2003 was challenged in a batch of cases before this court. .....

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Jan 20 2011 (TRI)

M/S. Sitalakshmi Mills Ltd. Cce, Madurai Vs. Cce, Madurai M/S. Sitalak ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... after due process of law, the joint commissioner, vide 010 no.02/2008-ce dated 27.02.2008 confirmed the demand of duty of rs.8,30,2641- and appropriated the amount already paid towards the demand. ..... the commissioner (appeals) vide order-in-appeal no.139/2010 dated 30-04-2010, has modified the impugned order-in-original to the extent that he has upheld the demand of duty, order for appropriation of amount, demand of interest but set aside the penalty imposed under section 1 iac of the act. 5. ..... it was also proposed to appropriate the amount debited in rg23a part ii on 27.2.2007 towards the above demand and impose penalty under section 1 1ac of the central excise act, 1944 (in short the act). 3. ..... 1,65,602/- under section 1 lab of the act and imposed penalty of rs.8,30,264/- under section 1 1ac of the act. 4. ..... such a case warrants application of extended time limit for issue of demand, the payment of interest as well as imposition of penalty under section 11ac of the act. .....

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Jun 13 2016 (HC)

Thangam @ Chellammal and Another Vs. Sivakami and Others

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 .....

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Oct 12 2009 (HC)

Suchitra Sebastian and Thomas Victor Vs. Michael Arul

Court : Chennai

Reported in : (2009)8MLJ946

..... it is stated in the appellate court judgment that the rent controller has not conducted the enquiry in accordance with law as contemplated under section 11(3) of the act and it would be appropriate to direct the learned rent controller to dispose of the same in accordance with law.3. ..... appellate authority under payment of gratuity act] has decided that the appellate authority has no power to remand a matter and the only power given to him by the statute is to 'make further enquiry either personally or through the controller' if need be, and is bound to decide ..... the rent controller after enquiry allowed the application filed by the landlord under section 11(4) of the act for eviction of these respondents. ..... 188 of 2008 in rcop no. ..... 188 of 2008 on 10.06.2009 directing these petitioners to pay rental arrears of rs. .....

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