Court : Chennai Madurai
(prayer: appeal filed under section 47 of the guardian and wards act, 1890, against the fair and executable order dated 22.08.2016 passed in gwop.no.12 of 2013 by the principal district court, ramanathapuram.) 1. the present civil miscellaneous appeal .....
Tag this Judgment!Court : Chennai Madurai
..... claim or dispute on payment of gratuity amount has to be raised before the controlling authority (assistant commissioner of labour (gratuity payment) under section 7(4) of the payment of gratuity act, 1972. in view of the existence of alternative and efficacious remedies available in the above two statutory provisions, there is no need and ..... for it's survival. 9. in the above circumstances, on such a contingencies narrated above the state government by invoking the provisions of section 182 of the tamil nadu cooperative societies act 1983, has issued the g.o.ms.no.131, food and cooperative department, dated 04.06.1999, directing all the cooperative societies to ..... recovered/withhold which is not against any cannons of law. similarly, the withholding of gratuity amount is backed by the provision of section -4(6)(b) of the payment of gratuity act-1972 coupled with special bylaw provisions relating the service conditions of the employees of the third respondent bank and also by the decided .....
Tag this Judgment!Court : Chennai
..... appreciated the entire oral and documentary evidence available on record and ultimately, found the petitioner/appellant guilty in terms of sections 366, 376(2)(6) i.p.c. and section 3(2)(v) of the scheduled caste and scheduled tribes (prevention of atrocities) act and imposed the necessary punishments. 6. the learned government advocate (crl. side) for the respondent/complainant takes a plea ..... submits that the trial court found the accused guilty under sections 366, 376(2)(6) i.p.c. and section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. however, the accused was found not guilty in respect of an offence under section 3(1)(x) of the act. also, the petitioner/appellant was imposed with a total fine .....
Tag this Judgment!Court : Chennai
..... : (1) whether it is open to an educational agency to apply for permission to establish an institution in the absence of the competent authority under section 20 (1) of the act, notifying in the prescribed manner, calling for applications from the educational agencies desirous of establishing educational institutions? (2) whether the need of the entire ..... rational relation to the object which the legislature seeks to achieve and must not go in excess of that object (see chintaman rao v. state of madhya pradesh [(1950) scr 759]). the mode of approach to ascertain the reasonableness of a restriction has been succinctly stated by patanjali sastry, c.j., in state of madras v ..... rational relation to the object which the legislature seeks to achieve and must not go in excess of that object (see chintaman rao v. state of madhya pradesh [(1950) scr 759]). the mode of approach to ascertain the reasonableness of a restriction has been succinctly stated by patanjali sastry, c.j., in state of madras v .....
Tag this Judgment!Court : Chennai Madurai
..... .61,622/- as per exs.b.3 to b.5 and b.7 to b.10. under the circumstances, the courts below have considered section 118 of the negotiable instruments act in proper perspective and applying the said provision to the facts of the present case, has held that the appellant has rebutted the presumption in ..... to various materials referred to above? 12. the learned counsel for the appellant submitted that the courts below failed to consider sections 44 and 45 of negotiable instruments act while interpreting section 118 of the negotiable instruments act. the lower appellate court ought to have held that the appellant rebutted the presumption by letting in evidence of d.w ..... nature of rebuttal brought before court by the defendant in a legal manner resulting in miscarriage of justice? (b) when the statutory presumption under section 118 of the negotiable instruments act is a rebuttal presumption and when there is legal evidence by way of rebuttal, is not the judgment of the courts below vitiated in not .....
Tag this Judgment!Court : Chennai
..... cause to condone the delay as contemplated in the judgment of our honourable apex court. the petitioner is seriously lacking to apply the provision of section 5 of limitation act, as the affidavit filed by the petitioner before the lower court was also vague and bereft of particulars without any explanation for period commencing from ..... court held as follows: 19. in ramlal and others vs. rewa coalfields ltd. [ air 1962 sc 361], this court held that: "in construing section 5 of the limitation act, it is relevant to bear in mind two important considerations. the first consideration is that the expiration of period of limitation prescribed for making an appeal gives ..... cause. there is no presumption that delay in approaching the court is always deliberate. this court has held that the words "sufficient cause" under section 5 of the limitation act should receive a liberal construction so as to advance substantial justice vide shakuntala devi jain vs. kuntal kumari [air 1969 sc 575] and state of .....
Tag this Judgment!Court : Chennai
..... of the reason that the complainant as well as the counsel for the complainant had not appeared on the hearing date and consequently, dismissed the complaint filed under section 138 of the negotiable instruments act and resultantly, acquitted the accused. 5. furthermore, it is represented on behalf of the respondent/ accused that the petitioner/appellant/complainant had merely in his affidavit, at .....
Tag this Judgment!Court : Chennai
..... datta v. union of india [air 1969 sc 414] where ramaswami, j. delivering the judgment for the unanimous constitution bench held that provisions of sections 164 and 165 of the army act do not require an order confirming proceedings of court martial to be supported by reasons. this court held that an order confirming such proceedings does not ..... scc pp. 738-39, para 22). 35. in m.l. jaggi v. mtnl [(1996) 3 scc 119], this court dealt with an award under section 7 of the telegraph act and held that since the said award affects public interest, reasons must be recorded in the award. it was also held that such reasons are to be recorded ..... capricious. the high court rejected such pleas and the transferee was asked to file a suit. the transferee filed an appeal to the central government under section 111(3) of the companies act, 1956 which was dismissed. thereafter, the son of the original transferee filed another application for transfer of his shares which was similarly refused by the company .....
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
..... with selvam, radhakrishnan, pauldurai, oliver, doss @ andhikannan doss and ramesh were convicted for the commission of the offences under sections 302, 302 r/w 149, 148, section 3 of indian explosives substances act, 1908 and sections 326 and 392 r/w 149 of ipc., sentenced to death and various spells of imprisonment. 2. the convicts challenging the ..... dismissal vide order dated 21.06.1999. 3. the petitioner along with radhakrishnan, arumai @ arumai raj and selvam had tried for the commission of offences under sections 148, 341 and 302 ipc., on the file of court of additional sessions judge, kanyakumari district at nagercoil. he along with other accused were imposed sentence of ..... this petition and prays for dismissal. 7. the court heard the rival submissions and also perused the materials placed before it. 8. it is relevant to extract section 427(2) of cr.pc., which reads as follows:- (2) when a person already undergoing of imprisonment for life is sentenced on a subsequent conviction to .....
Tag this Judgment!