Court : Chennai
Reported in : 2000(4)CTC243; [2001(88)FLR150]; (2000)IILLJ1033Mad
..... the apex court concluded that though there was no express provision in the act for absorption of the employees whose contract labour system stood abolished by publication of the notification under section-10(1) of the act in a proper case, and the court can direct the appropriate authority to act in accordance with law and submit a report to the court and based thereon relief should be ..... for that they sought a direction against the state of gujarat for a reference to the state advisory contract labour board constituted in that behalf under the provisions of contract labour (regulation and abolition) act, 1970, and in that case, there was an apprehension that because of the efforts taken by the petitioner-union to organise the employees, the workmen concerned would be terminated from their services. ..... that case while considering the notification prohibiting employment of contract labour under section 10(1) of the act, issued by the central government for sweeping, cleaning, dusting and watching of buildings owned or occupied by establishments in respect of which the appropriate government under the act is the central government, the supreme court held that the appropriate government is the central government from the inception of the act. ..... no doubt, courts can pass appropriate orders to safeguard the interest of either of the parties, but at the same time, when initially the prayer is only to refer the matter for adjudication relating to non-employment and also permanency of 168 .....
Tag this Judgment!Court : Chennai
Reported in : (2003)179CTR(Mad)584; [2003]261ITR202(Mad)
..... mr.lakshmi narayanan learned counsel appearing for the petitioner (transferee in w.p.no:9956 of 1999) contended that the appropriate authority has acted without jurisdiction in invoking the powers under chapter xx-c as according to him, the agreement entered between the transferor and transferees cannot be subjected to an action under chapter xx-c since the transferor and the transferees have entered ..... 9793 of 1999, the petitioner, hereinafter referred to as the transferor, owner of premises bearing door no.3, krishmanachari avenue, adyar, chennai-20 has prayed for the issue of a writ of certiorari to call for the proceedings of the first respondent-appropriate authority, chennai-34, bearing no.a.a/mds/no.2(243) 5/98-99, dated 28.5.1999 passed under section 269(ud) of the income tax act, 1961 and quash the same.2. ..... w.p.no:9956 of 1999 has been filed by the two petitioners, who are the transferees who have entered into an agreement to purchase, hereinafter referred to as transferees to call for and quash the proceedings of the first respondent-appropriate authority, chennai-34, bearing no.a.a/mds/no.2(243) 5/98-99, dated 28.5.1999 passed under section 269ud(1) of the income tax act, 1961.3. ..... before taking up the contentions, it is essential to examine the scope and powers of exercise of judicial review by this court under art.226 in respect of the order of purchase passed by the appropriate authority under chapter xx-c of the income-tax act. .....
Tag this Judgment!Court : Chennai
Reported in : (2006)4MLJ1
..... made any material change in the use of land or constructed, formed or laid out any work in contravention of section 48 or of any condition specified in any permission referred to in that section:(c) the appropriate planning authority may, by order, require such person to restore the land or building to its original condition, or to bring the land or building in conformity with any condition specified in such permission within ..... building has been carried out-(a) without permission required under this act; or(b) in contravention of any permission granted or of any condition subject to which permission has been granted; or(c) after the permission for development of land or building has been duly revoked; or(d) in contravention of any permission which has been duly modified the appropriate planning authority may, within three years of such development, serve ..... section 85 of the act confers power to appropriate planning authority that use and development of any land not in confirmity with ..... section 49 of the act is crystal clear that the permission can be granted by the appropriate planning authority to a person ..... section 49 of the act says that any person not being any state government or the central government or any local authority intending to carryout any development on any land or building shall make an application in writing to the appropriate planning authority for permission in such form and containing such particulars and accompanied by such documents as may be prescribed and .....
Tag this Judgment!Court : Chennai
..... opinion, if the commissioner while considering the proposed award of the collector under the proviso to section 11(1) of the act to grant or not to grant approval if he thinks that the order of the collector cannot be approved, he can at the most on the administrative side bring it to the notice of the appropriate government to exercise its power under section 15a of the act, but he cannot as in the present case on his own exercise the said power because that power under ..... attention of this court to section 11 of the act which states that no award shall be made by the collector, under this sub-section, without the previous approval of the appropriate government or of such officer, as the appropriate government may authorise in this behalf and further provided that it shall be competent for the appropriate government to direct that the collector may make such award without such approval in such class of cases as the appropriate government may specify in this behalf. ..... he alternatively contended that assuming that the commissioner had no appellate power, such power is definitely available to the appropriate government under section 15-a of the act which power can also be exercised by the commissioner.". ..... as per first proviso to section 11(1) of the land acquisition act, 1894, no award shall be made by the collector under this sub-section, without the previous approval of the appropriate government or of such officer as the appropriate government may authorise in this behalf. .....
Tag this Judgment!Court : Chennai
..... view that if the court' has the discretion not to strike out the defence of the tenant committing default in payment or deposit of rent as required by a provision in any rent restriction act, then the court surely has the further discretion to condone the default and extend the time for payment or deposit and such a discretion is necessary implication of the discretion not to strike out the ..... gupta, [1985] 3 scc 53 this court, dealing with a similar provision for striking out of defence in section 11a of the bihar build- ings (lease, rent and eviction) control act, 1947 referred to govindlal chhagganlal patel's case (supra), and held as follows:- "applying this well-recognised canon of construction the conclusion is inescapable that the word 'shall' used in the ..... -(1) when the deputy commissioner after due enquiry, is satisfied that a trust has made default in performing any duty imposed on it by this act, or by any order or rule made under this act, he may, by an order in writing duly supported with reasons fix a period for the performance of the duty; and should it not be performed within the period so fixed, he may appoint ..... at this juncture, it would be appropriate to consider the argument putforth by mr.ar.l.sundaresan, learned senior counsel appearing for the revision petitioner stating that the word 'shall' used in section 15(4) of the act is not mandatory in nature and it ..... be appropriate to incorporate sections 6 of the act. 6 ..... appropriate to incorporate section 15 of the act .....
Tag this Judgment!Court : Chennai
Reported in : 2005(4)CTC469; [2005]64SCL115(Mad)
..... relied upon paragraphs 39, 45 and 79 of the judgment cited supra and submitted that the hon'ble supreme court has left it open for the courts to decide appropriately as and when any such situation arises and therefore, in the present situation this court should direct the secured creditor, namely, the indian bank to work out ..... circumstances, the sale resorted to by the fifth respondent, namely, the indian bank of the assets of the seventh respondent under the provisions of sarfaesi act would seriously prejudice the rights of the depositors and therefore, their interests should be protected by issuing appropriate directions to respondents 1 to 4, namely, the union of india, reserve bank of india, inspector of police and superintendent of police, pondicherry.9. ..... the debts recovery tribunal as against the proceedings made under section 13(4) of the sarfaesi act on such application being made, it is for the debs recovery tribunal to consider the points raised in such application in exercise of its power under section 17(3), and pass such orders as it may consider appropriate and necessary in relation to any of the recourse taken by the secured creditor under ..... the fourth respondent-indian bank, as a secured creditor and as a lead bank having initiated action under the provisions of sarfaesi act for realization of their dues to an extent of only about 27 crores and since 50.20 crores have been realized in the said auction, appropriate direction should be issued for the payment of rs. .....
Tag this Judgment!Court : Chennai
Reported in : (2007)3MLJ647
..... or person to whom the authority had delegated its powers may impose such restrictions and conditions as may be necessary under these rules, which means that any condition imposed shall be in compliance of the said act or rules, hence, the argument of the learned advocate general that it is open to the respondent to keep in mind future development of maintenance of the planning area by imposing any condition, though they are not ..... master plan: (1) as soon as may be, after the declaration of a local planning area under section 10 and after the constitution of the appropriate planning authority under section 11, the local planning authority shall, within such time as may be prescribed and after consulting the regional planning authority and the local authorities concerned, prepare ..... land or building on or after the date of the publication of the resolution under sub-section (2) of section 19 or of the notice in the tamil nadu government gazzette under section 26, shall make an application in writing to the appropriate planning authority for permission in such form and containing such particulars and accompanied by such documents as may be prescribed. ..... under section 49 of the act any person not being a state government or central government or local authority intends to carry out any development of any land or building shall make an application in writing to the appropriate planning authority for permission in such form and containing such particulars and accompanied by such documents .....
Tag this Judgment!Court : Chennai
Reported in : 2006(4)CTC483
..... vii) the committee shall identify the officers at the cmda and the corporation, who are responsible for the failure to enforce the planning laws and make appropriate recommendation for prosecution and/or disciplinary action.viii) the cmda and the corporation are directed to take action against the illegal multi-storied and special buildings, as per the recommendation of the monitoring committee. ..... section 2(13) defines 'development' to mean carrying out of all or any of the works contemplated in a regional plan, master plan, detailed development plan or a new town development plan prepared under the act, which includes the carrying out of building, engineering, mining or other operations in, or over, or under the land and also includes making of any material change in the use of any building or land. ..... in the result, in view of the foregoing discussion, we pass the following order:i) the amendments to section 113-a of the tamil nadu town and country planning act, 1971 by amending acts 31 of 2000, 17 of 2001 and 7 of 2002 and the consequential amendments to the application, assessment and collection of regularisation fee (chennai metropolitan area) rules, 1999 as far as applicable to the constructions made after 22.2.1999 are hereby declared ..... the appropriate authority has got power de hors section 56 to order demolition of unauthorised development under section 85(1)(c) of the act. .....
Tag this Judgment!Court : Chennai
..... further submitted by the learned senior counsel that what was under consideration of the supreme court in the 2g spectrum case (supra) was the grant of 122 licenses during the period 2007-2008, without there being any auction and not the licenses granted previously and that supreme court has made it clear in its order that they are not dealing with other licenses than ..... a nutshell, it is submitted by the learned senior counsel for the petitioners that the appropriate forum, being this court, in relation to dealing with the vires of the section 4 of the act vis-a-vis article 19 (1) (g), the petitioners have approached this court by filing the present ..... relied upon by dot before the learned single judge has no relevance to the case on hand as the licenses with which the apex court was concerned relates to the period between 2007 and 2008, whereas the licenses of the appellants were granted as back as in the year 1994 ..... 2167 of 2013 have been filed praying this court to issue a writ of certiorarified mandamus to call for the records comprised in the impugned order bearing reference p-11014/19/2008-pp (pt-i) dated 28.12.2012 issued by the 2nd respondent and demand notice bearing ref. ..... vs union of india (2012 (3) scc 1); (ii) state of tamil nadu vs k.shyam sunder (2011 (8) scc 737); (iii) assistant commissioner of income tax vs hotel blue moon (2010 (3) scc 259); (iv) state of kerala vs kurian abraham (2008 (3) scc 508); (v) commissioner of central excise, mumbai vs rajpurohit gmp india ltd .....
Tag this Judgment!Court : Chennai
..... a combined reading of the provisions would clearly cast an obligation on the corporation, being a local authority to frame appropriate scheme for disabled persons and it is fairly admitted that no such scheme has been framed by the corporation. ..... under section 38 of the act, the appropriate government or local authority by a notification must formulate a scheme for ensuring employment of persons with disabilities and also provide for the training and welfare of persons with disabilities. ..... like section 38, section 43 of the act also enables the local authority by a notification to frame a scheme in favour of persons with disabilities for the preferential allotment of land at concessional rate for setting up of business. ..... will not give any proper solution to either side.4.on the contrary, the corporation of chennai must be reminded of its social responsibility imposed by the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereinafter referred to as 'the act'). ..... subsequently, m.p.no.1 of 2007 in w.p.no.17656 of 2007 was rejected for not complying with the office objections regarding the completion of service of process vide order dated 22.04.2008. ..... on such notice being put up, the persons with disabilities can make such applications and if they are qualified, necessary shops may be allotted as enjoined under the provisions of the act. .....
Tag this Judgment!