Court : Chennai
..... out by both the courts below, the petitioner is estopped from taking a different stand, which is made clear under section 116 of the indian evidence act. section 116 of the indian evidence act contemplates that no tenant of immovable property, or person claiming through such tenant, shall during the continuance of the tenancy, ..... pasricha vs. jagannath reiterated the principle that a tenant in a suit for possession was estopped from questioning the title of the landlord under section 116 of the evidence act. the title of the landlord, declared this court, even otherwise irrelevant in a suit for eviction of the tenant. ............................................... ......................................what is ..... ordered that if the amount was not paid within a particular date, the main op will stand allowed on filing an application under section 11(4) of the act. even if no formal order is passed, the rent controller cannot entertain any other application at the instance of the tenant. 22. .....
Tag this Judgment!Court : Chennai
..... held that though the magistrate had earlier accepted the negative final report that would not deter the police from further investigating the matter as provided in sub-section (8) of section 173 of cr.p.c. there is nothing illegal on the part of the learned magistrate in taking cognizance of the offences on the said police report ..... the same time, we would like to reiterate that as held by the hon'ble supreme court in the above judgments, the power of the magistrate under sub-section (8) of section 173 of the code to grant permission for "further investigation" cannot be doubted. 30. in para 20 of the judgment, the division bench has further held ..... v. sumanbhai kantibhai patel, 2017 (2) scale 198]. (viii) the power to grant permission for further investigation under section 173(8) of cr.p.c. can be exercised by the magistrate before accepting the negative police report thereby acting on the protest petition by the victim or the de facto complainant. [vide kishan lal v. dharmendra bafna and .....
Tag this Judgment!Court : Chennai
..... the child and his property. (2) it is also includes the rights, powers and duties which a guardian of the child's estate (appointed, before the commencement of section 5, to act generally) would have had in relation to the child and his property. (3) the rights referred to in subsection (2) include, in particular, the right of the ..... stuff. mother earns income which is certainly not large by english standards, but is not so low as not to enable her to take reasonable care of boy. section 6 of act constitutes father as natural guardian of minor son. but said provision cannot supersede paramount consideration as to what is conducive to welfare of minor. 8.3. in the ..... that are indicative of and presage the livelihood of the welfare and interest of the child being undermined or jeopardised if the custody retained by the mother. section 6(a) of hmg act, therefore, preserves the right of the father to be the guardian of the property of the minor child but not the guardian of his person whilst the .....
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..... version and all of a sudden there was a huge loss in the year 2009. in the year 2009, the police implicated the plaintiff for the alleged offence under section 465 and 471 o ipc. the defendant has filed a complaint against the plaintiff for the alleged forgery committed by her for withdrawing a sum of rs.2,65, ..... plaintiff went to the police station for enquiry, she was informed that a case was registered in cr.no.669 dated 12.09.2009 for the alleged offences under sections 465 and 471 of ipc. the plaintiff at no point of time forged the signature of the defendant. the defendant also filed loc with immigration authorities alleging as if ..... nature as to render a person against whom it is taken liable to be arrested, fined or imprisoned. thus, proceedings under section 476 of the code of criminal procedure and proceedings under section 13 of the legal practitioners act would constitute a prosecution within the meaning of the law of tort. the prosecution must however have been for an offence of .....
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..... not commercially exploited the patent till date, event though the patent was obtained by him. 25. in these circumstances, it is useful to refer section 10 of the patents act, which reads as follows: "10 contents off specifications..(1). every specification, whether provisional of complete, shall describe the invention and shall begin with a ..... best method of performing the invention which is known to the applicant and for which he is entitled to claim protection. furthermore, as per section 10 of the patent act, all the available characteristics of the materials required for it to be correctly identified or indicated are included in the specification including the name. ..... has not furnished periodical statements as to the extent to which the patented invention has been commercially worked in india , which is mandatory under section 146(2) of the act. 31. the defendants had assailed patent granted to the plaintiff on the ground that there was no complete specification and that, there was no .....
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..... the possession of other co-owners. therefore, no plea of adverse possession could be raised by the defendants. the parties belong to christianity, so under section 37 of the indian succession act, they all are entitled to get equal share in the properties left intestate by their father kulandaisamy. in so far as the plea of court fees ..... wife sampoorna ammal and son. they are in possession of the suit properties. hence, they are necessary parties. the possession is with them, so, the court fees under section 37 (2) is not correct. kulanthaisamy has settled certain properties, which are the subject matter of the suit in o.s.no.269/91. through oral partition and ..... and suit valuation, the trial court held that the plaintiff being a co-share in the property cannot be excluded from possession. therefore, court fee paid under section 37(2 .....
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..... writ of habeas corpus, to call for the records, in detention order no.689/bcdfgisssv/2016, dated 13.07.2016, passed by the second respondent herein, detaining the detenu, under section 3(1) of the tamil nadu prevention of dangerous activities of bootleggers, cyber law offenders, drug offenders, forest offenders, goondas, immoral traffic offenders, sand offenders, sexual offenders, slum grabbers and ..... video pirates act, 1982 (tamil nadu act 14/1982), branding him as a goonda , in the central prison, puzhal, chennai and to quash the same and to direct the respondents to produce the body and person .....
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..... , the issues are answered. issue nos.3 and 4: 24. it is further to be noted that the issue of limitation is the legal issue. under section 3 of the limitation act, suit can be dismissed even though the limitation has not been set up in the defence. this suit has been filed claiming damages for malicious prosecution. for filing ..... the plaintiff to render help to meet her livelihood. on humanitarian consideration, the plaintiff rendered help to the defendant. (ii) while so, the defendant lodged a complaint under section 376, 417 and 506 (ii) of the ipc claiming that the plaintiff had raped her when she lost consciousness after consuming the juice given by the plaintiff and she ..... that he was prosecuted by the defendant and the same ended in his favour and that the defendant had acted with malice. 18. in this case, it is seen that the first information was lodged by the defendant, for various offences under section 376, 417 and 506 (ii) ipc. ex.p1, is the complaint said to have been lodged by .....
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..... the constable no.638 (ramesh), special sub-inspector manivel and obtained their statements on the same day etc., and ultimately laid a final report under section 4 of the dowry prohibition act,1961 and under section 498 (a) and 306 of ipc against the accused (appellant). 23. as far as the present case is concerned, the accused (appellant) had ..... the decision of wazir chand ..vs.. state of haryana (air 1989 sc 378). 31. it is to be significantly pointed out that the presumption under section 113(a) of the indian evidence act, 1872 is discretionary and the court concerned can consider the nature of 'cruelty' to which a woman was subjected to, especially in regard to the ..... in this regard wanted her to bring money and quite often he demanded the same and because of the cruelty, he had committed an offence under section 4 of the dowry prohibition act, 1961. 14. the third charge levelled against the appellant was that because of his continuous scolding of his wife (deceased banu priya) to bring .....
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..... borrower to pay the amount in installments. in order to recover the dues, two possession notices dated 09.12.2014 were issued, under sub section (4) of section 13 of the act. possession notices were duly acknowledged by the borrower, by affixing his signature, along with two witnesses and that the petitioner's family was well ..... challenged the validity of any of the aforesaid provisions; it is the borrower-guarantor who have submitted before the drt having moved in appeal (application) under section 17 of the sarfaesi act, therefore, they cannot challenge the jurisdiction of the drt." 20. material on record shows that reserve bank of india, rural planning and credit department, ..... rs.3,38,905/- and rs.12,68,657/- respectively. subsequently, the respondent has also issued two possession notices both dated 09.12.2014 under section 13(4) of sarfaesi act, 2002 and intimated petitioner's father that two properties in embalam revenue village (63) re-survey no.187/2, cadastre no.461/17, patta no .....
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