Court : Chennai Madurai
..... therefore, permitting christmas celebration by the petitioner on 25.12.2015 will lead to law and order problem. however, the information received under the right to information act from the district collector on 05.05.2010 would reveal that there is no permission granted to any person to conduct religious worship, celebration in the specified place ..... is the secretary of zion christhava narpani mantam, aramannam, cheruppaloor post, kanyakumari district and that the said mantam has been registered under the tamil nadu societies registration act in serial no.36/2010. one of the christian believers, namely, tmt.m.daisy, has permitted the society to use her private patta land situated in s ..... celebration has to be conducted only on the day of birth of jesus, the petitioner mantam cannot either advance or postpone the date of celebration. the act of the respondent in extending permission to one group and declining it to other group will amount to disparity, that is to say in tamil ( tamil ?) .....
Tag this Judgment!Court : Chennai Madurai
..... the delay as per section 5 of the limitation act, belatedly, no party will file the same with a mala fide intention. if a party files a delay condonation application belatedly, he or she runs ..... the exparte decree, which was dismissed by the trial court. 9. when a court of law deals with an application to condone the delay filed under section 5 of the limitation act, such application will have to be generally viewed in a liberal and lenient way to do substantial justice between the parties. by projecting an application to condone ..... passed against her. immediately, the petitioner/defendant filed an interlocutory application in i.a.no.649 of 2004 in o.s.no.852 of 2000, under section 5 of the limitation act to condone the delay of 1317 days in filing a petition to set aside the exparte decree. the said petition was dismissed. aggrieved against the said order .....
Tag this Judgment!Court : Chennai Madurai
..... ensuring that equality of opportunity in matters relating to employment becomes a reality for all, parliament enacted the employment exchanges (compulsory notification of vacancies) act, 1959 (for short `the 1959 act'). section 4 of that act casts a duty on the employer in every establishment in public sector in the state or a part thereof to notify every vacancy to the ..... would be selected and appointed to subserve the public interest better. 31.)the ratio of the above noted three judgments is that in terms of section 4 of the 1959 act, every public employer is duty bound to notify the vacancies to the concerned employment exchange so as to enable it to sponsor the names of ..... of india that candidates sponsored by the employment exchanges alone should be appointed are contrary to articles 14 and 16. this court referred to sections 3 and 4 of the 1959 act, adverted to the reasons enumerated in the counter-affidavit filed on behalf of the union of india before the high court to justify the .....
Tag this Judgment!Court : Chennai Madurai
..... metropolitan magistrate, george town, chennai, has been arrayed as second accused in respect of perpetual offences under sections 51(b) r/w. section 63 of the copyright act, 1957 and sections 103 and 104 of the trade mark act, 1999 and under sections 420, 481, 483 and 486 of the indian penal code. 4. the learned counsel for the petitioner ..... 2 to negative the prosecution story at the threshold without appreciating the other materials produced by the prosecution in support of the offences under section 51(b) r/w.63 of the copyright act and sections 420, 481, 483 and 486 of ipc. viewed in that perspective, the criminal revision petition fails. 28. in the result, ..... arrangement of artistic feature in which the product of the complainant is sold, the accused are also appeared to have committed offences under section 51(1)(b) read with section 63 of the copyright act, 1957. as the accused had been cheating gullible public by passing their counterfeit goods as that of the complainant in the market .....
Tag this Judgment!Court : Chennai Madurai
..... . while in exile, sita is kidnapped by ravana, the rakshasa monarch of lanka. after a long and arduous search, rama fights a colossal war against ravana's armies. in a war of powerful and magical beings, greatly destructive weaponry and battles, rama slays ravana in battle and liberates his wife. having completed his exile, rama ..... wide experience in administrative matters. no court should therefore strike down an administrative decision solely because it is perceived by it to be unwise. a judge cannot act on the belief that he knows better than the executive on administrative matters, because he can never be justifiably certain that he is right. judicial humility should ..... india, every citizen has got freedom of speech and expression and under article 19(1)(b), a citizen has a right to assemble peaceably. therefore, by the act of the respondents in not granting permission for conduct of the agitation, the rights of the petitioner are highly infringed. he has also submitted that the 1st .....
Tag this Judgment!Court : Chennai Madurai
(prayer: appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree dated 29.01.2007, made in m.c.o.p.no.104 of 2004, by the motor accident claims tribunal - cum district judge, kanyakumari ..... the award of rs.3,88,652/- (rupees three lakhs eighty eight thousand six hundred and fifty two only) for the death of one aloysious, a retired subedar of indian army, aged about 5 years and re-employed as an accountant in c.s.d. canteen of 11th tamil nadu n.c.c. battalion, earning about rs.9,586/- (rupees nine ..... that the benefit is a statutory benefit and she is entitled to the same and it need not be deducted from the compensation to be awarded under the motor vehicles act, 1988, as per the judgment of the honourable supreme court in reliance general insurance co. ltd. v. shashisharma reported in 2016 (2) tn mac 721 (sc) and therefore, the same .....
Tag this Judgment!Court : Chennai Madurai
..... know of this fact only subsequent to passing of arbitration award. (iii) the learned subordinate judge did not have jurisdiction to appoint arbitrator. as per section 11 of arbitration and conciliation act, 1996, only the chief justice of this court has got power to appoint an arbitrator. 8. the learned counsel for the appellant relied on following ..... the parameters of the contract, his award cannot be questioned on the ground that it contains an error apparent on the face of the record." 24. in md, army welfare housing organisation v. sumangal services (p) ltd. also this court took the similar view and observed: (scc p.646, para 43 "43. an arbitral tribunal ..... . therefore, the contention of the learned counsel for the appellant that he has not nominated the said kanagasabesan, has no force. 16. as per section 8 of arbitration and conciliation act, 1996, the court has power to refer the parties to arbitration if they agreed for the same. in the present case, both appellant and respondent .....
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..... , giving advance to the mike set and fixing speakers for the meeting and the costs for the above expenses run to rs.20,000/- therefore, it is submitted that the act of the 4th respondent in not giving permission for conducting the public meeting is arbitrary and discriminatory in nature, thereby infringing the fundamental rights of the public enshrined under articles ..... games and therefore, the decision relied on by the petitioner is not applicable to the facts of the present case. 11. above all, this court cannot compel the respondents to act against the orders of the supreme court, as the grant of permission for conducting great hunger strike for revocation of ban imposed by the supreme court, will amount to disobedience .....
Tag this Judgment!Court : Chennai Madurai
..... have to accept the argument of the learned counsel for the petitioner. here it is useful to refer the tamil nadu patta pass book act 1983. as per section 10 of the patta pass book act 1983, the power to transfer, cancel and modify the patta is given to the tahsildar of respective taluk. as against the order of ..... the tahsildar, appeal is provided under section 12 of the said act and further revision is provided under section 13 of the tamil nadu patta pass book act 1983. but in the present case, the petitioner was not provided such opportunities and the powers conferred under the ..... revision when can be made. suo motu revision can be exercised when there is no appeal provided. order that could be appealed under section 15 of tamil nadu estate (abolition and conversion into ryotwari) act 1948 could not be revised by invoking suo motu revision power. the above judgment is squarely applicable to the facts of the present .....
Tag this Judgment!Court : Chennai Madurai
..... of receipt of a copy of this order. on such receipt of the representation, the first respondent is directed to initiate necessary proceedings under the revenue recovery act and recover the amounts and to pay the same to the petitioner and the said exercise shall be completed within three months thereafter. 6. with the above ..... first respondent to initiate revenue recovery proceedings, the first respondent did not take any steps to recover the amount and not initiated the proceeding under the revenue recovery act. therefore, the petitioner has come before this court with the relief as stated supra. 3. heard mr.h.arumugam, learned counsel for the petitioner and mr.aairam ..... is filed under article 226 of the constitution of india, to issue a writ of mandamus directing the first respondent to initiate recovery proceeding under the recovery revenue act for recovery the amount as per the award passed by the deputy commissioner of labour, tirunelveli in w.c.no.22 of 2004 and disburse the amount to .....
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