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
(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 .....
Tag this Judgment!Court : Chennai Madurai
..... , 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
..... 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
..... 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 .....
Tag this Judgment!Court : Chennai Madurai
..... innocent, registered a false case against the petitioner and two others in crime no.10 of 206 under section 8(c) r/w 25 r/w 20(b)(ii)(c) of ndps act. the fifth respondent alleged that the petitioner and two others were involved in transporting 24 kilograms of cannabis ..... 3.sarun pending before the spl. dist. and sessions judge court for e.c. act and ndps act cases at madurai is referred as "false case" and the final report is submitted. the r.c.s. notice served on the complainant ..... circumstances, after completion of investigation the case in thoothukudi nib cid cr.no.10/2006 under section 8(c) r/w 20(b)(ii)(c) and 25 of n.d.p.s. act including c.c.no.379/2006 against the accused 1.anumohan, a-2.ajaykumar and a- ..... is to be conducted against the above said other accused and i alter the sections of law to 420, 467, 471 ipc and 8(c) r/w.20(b)(ii)(c) 25 and 29 of ndps act." 15. the investigating officer submitted a further report to the special court on .....
Tag this Judgment!Court : Chennai Madurai
..... of ad-interim attachment absolute. if the ad-interim order of attachment made by the government is made absolute by the special court under sub-section (7) of section 7 of the act, the special court, on an application, made by the competent authority, shall direct the said authority to sell the attached properties by public ..... auction and realize the sale proceeds. 15. section 8 of the tnpid act concerns with the attachment of property of malafide transferees, where the financial establishment transfer its properties to a person with an intention to deceit the ..... shall direct the competent authority to sell the properties attached, by public auction and realise the sale proceeds. 14. to put it succinctly, section 7 of the tnpid act specifies the procedures to be adopted by the special courts to make the order of ad-interim attachment of government absolute or refuse to make absolute .....
Tag this Judgment!Court : Chennai Madurai
..... not be gone into. the remaining two grounds i.e., wilful default and owner's occupation alone are to be decided in this revision. 16. sub-section (2) of section 10 of the act reads as under: (2)a landlord who seeks to evict his tenant shall apply to the controller for a direction in that behalf. if the controller, ..... statutory provisions. equitable consideration have no place in such matters. the statute contains express provisions. it prescribes various steps which a tenant is required to take. in section 8 of the act, the procedure to be followed by the tenant is given step by step. an earlier step is a pre-condition for the next step. the tenant has to ..... default in payment of rent regularly to the petitioners. he has also pointed out that from 01.07.2004 till the date of filing of application under section 8(5) of the act, the respondent had failed to pay the rent and therefore, the rent control appellate authority had lost sight upon the findings given by the learned rent controller .....
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