Court : Chennai
Reported in : (2004)4MLJ335
..... termination orders inasmuch as we have held that the department of highways in which, the gang mazdoors came to be engaged would fall within the definition of 'industry' under section 2(j) of the industrial disputes act and that the gang mazdoors being 'workmen' under the provisions of the industrial disputes act, in the light of chapter v-b relating to the procedure to be followed in the matter of retrenchment, the action of the state in resorting ..... dealing with the said issue, the hon'ble supreme court took the view that in order to come within the definition of 'factory' as defined under section 2(m) of the factories act, no fixed site was necessary and that even 'open land ..... judgment reported in ' : (1988)iillj149sc (des raj and others versus state of punjab and others)', the hon'ble supreme court dealt with a case of the irrigation department of the state of punjab and by applying the 'dominant test' evolved by the hon'ble supreme court in the oft quoted judgment in 'bangalore water supply and sewerage board case' reported in : (1978)illj349sc , it was held that the irrigation department of the ..... notwithstanding anything contained, in these rules or in the special rules, the governor shall have power to deal with the case of any person or class of persons serving in a civil capacity under the government of tamil nadu or of any person who has or of any class of person who have served as aforesaid or any candidate or class of candidates for appointments to a service in such ..... city .....
Tag this Judgment!Court : Chennai
Reported in : [2005]142STC130(Mad)
..... to set aside the orders impugned in these writ petitions and direct the respondent to hold the proceedings afresh, exercising all the powers that are vested in him under section 54 of the tamil nadu general sales tax act in order to ensure the presence of the dealer concerned for being offered for cross examination by the petitioner, without which, there would be no scope for the ..... has been passed after an order of remand made by the appellate assistant commissioner (ct), salem, specifically directing the respondent to provide an opportunity to cross examine the seller at bangalore with regard to the alleged purchase of refined sunflower oil for rs.37,39,000/- during the year 1993-94 and rs.9,73,800/- during the year 1994-95. ..... according to the direction of the appellate assistant commissioner (ct), salem to provide opportunity for cross examination, the seller at bangalore was summoned to produce the accounts for cross examination with the dealer to the alleged purchase of refined sunflower oil for ..... section-54 of the tamil nadu general sales tax act discloses that the assessing authority is vested with all the powers conferred on a court by the code of civil procedure for the purpose of summoning and enforcing the attendance of any person and examining him on oath ..... expressed his inability to summon the concerned seller at bangalore, the petitioner approached the tamil nadu taxation special tribunal ..... , bangalore, and grant an opportunity to the petitioner to cross-examine them .....
Tag this Judgment!Court : Chennai
Reported in : 2005(2)CTC472; (2006)3MLJ735
..... counsel for the respondent would submit that it is only because there may be genuine lapses in the drafting of the pleadings, that civil procedure code itself provides for amendment, in this case, the amendment petitions have been filed as soon as the error was noticed. ..... 17 -amendment of pleadings - held, should be permitted where it would result in solution of real controversy between parties, without altering original cause of action-amendment cannot be claimed as a matter of right under all circumstances, but court ought not to adopt hypertechnical approach while deciding such prayers-court's approach should be liberal particularly where any prejudice suffered by the other side can be compensated by costs.d. ..... if a fact, arising after the lis has come to court and has a fundamental impact on the right to relief for the manner of moulding it, is brought diligently to the notice of the tribunal, it cannot blink at it or be blind to events which stultify or render inept the ..... ganesan, bangalore 2001 (3) ctc 652 really do not help the petitioners in the facts of this ..... further, he submitted that as per the amended civil procedure code, every plaint shall be supported by an affidavit and an affidavit is the sworn statement and it is not open to the respondent to alter what has been sworn by him ..... of the plaint not only a new and inconsistent case but was put forward to get over bar of limitation and therefore, should not have been allowed - limitation act, 1963, article 97'gojabai v. .....
Tag this Judgment!Court : Chennai
Reported in : 2005(5)CTC748; I(2006)DMC475; (2006)1MLJ116
..... - (1) subject to the other provisions of this act and the rules, the provisions of the code of civil procedure, 1908 (v of 1908) and of any other law for the time being in force shall apply to the suits and proceeding (other than the proceedings under chapter ix of the code of criminal procedure, 1973 (2 of 1974), before a family court and for the purposes of the said provisions of the code, a family court shall be deemed to be a civil court and shall have all the ..... petitioner, but she did not turn up, hence, he issued a notice on 08-08-1992 and the same was also received, but no reply was sent by her; that the respondent has filed similar petitions under section 9 of the hindu marriage act, which was dismissed as withdrawn on 22-12-1994 as the dispute was settled mutually; that the petitioner and the respondent lived together as wife and husband continuously from 22-12-1994 to 17-01-2003; that on 18-01-2003, the ..... section 7 of the family courts act confer jurisdiction to the family courts, subject to other provisions of this act, it also have jurisdiction exercisable by a magistrate of the first class under chapter 9 of criminal procedure code and such other jurisdiction as may be conferred on it by other enactment. ..... from the statement of the facts found in the judgment of the high court, it is perfectly plain that the suit now pending before the first munsif's court, bangalore, is a flagrant misuse of the mercies of the law in receiving plaints. .....
Tag this Judgment!Court : Chennai
Reported in : [2006]287ITR561(Mad)
..... the effect of section 293 of the act, which bars the civil suit, is that even if the assessment or other proceeding is erroneous or wrong, no suit can be initiated in any civil court to set aside or modify the assessment unless the assessment or other proceedings taken are ultra vires the provisions. ..... section 293 of the income-tax act is as under:bar of suits in civil courts. ..... the effect of section 293 which bars suits in civil courts is that, even where the assessment or other proceeding is erroneous or wrong, no suit can be initiated in any civil court to set aside or modify the assessment unless it be that the assessment or other proceeding is taken under an ultra vires provision. ..... elaborately considering the effect of the itcp rules, the kerala high court found that as per the scheme of the rules, the civil court has only limited jurisdiction namely to examine into the case whether the tax recovery officer has or has not acted in accordance with the law and the fundamental principles of judicial procedure. ..... . gvfl has not produced any documentary books as evidence for payment of the security deposit; but has produced only a copy of panchanama drawn on behalf of the cbi, bangalore, and explained that the related account books were seized by them ..... . corporation of city of jabalpur : [1973]1scr403 and biswabani p .....
Tag this Judgment!Court : Chennai
Reported in : 2006(1)CTC620; (2006)1MLJ322
..... the proposition that for making the right or re4medy claimed by the party just and meaningful as also legally and factually in accord with the current realities, the court can, and in many cases must, take cautious cognizance of events and developments subsequent to the institution of the proceeding provided the rules of fairness to both sides are scrupulously obeyed. 25 ..... old cases filed some decade ago can provide a catalytic agent for the high courts to evolve some concrete schemes for winching to the fore similar long-pending matters, lying in torpidity at the bottom of the crammed list of pending cases in the high courts; it is worth considering whether a cell can be set up in each of such high courts where the piles of backlog are stirring problem, to pick out such cases ..... of landlord to a spacious bungalow constructed by him, during the pendency of appeal, was considered, by the appellate court and it was found that landlord's requirement was wholly satisfied and then no more bona fide requirement and order of ..... in this context it is necessary to extract the provisions under section 27 of the tamil nadu act 18 of 1960 as under: '27.proceedings by or against legal representatives- (1) any applications made, appeal preferred, or proceeding taken, under this act by or against any person, may in the event of his death, ..... goyal : [2002]1scr359 and the same is following: the ordinary rule of civil law is that the decree in a suit should accord with the rights of the parties as ..... bangalore .....
Tag this Judgment!Court : Chennai
Reported in : (2006)IILLJ437Mad; (2006)1MLJ233
..... therefore, always in the interest of the workmen that disputes concerning them are adjudicated in the forums created by the act and not in a civil court. ..... this legislative policy and intendment should necessarily weigh with the courts in interpreting these enactments and the disputes arising under them. ... ..... outset, it would be appropriate to refer to settled law laid down by the supreme court dealing with the powers of the high court under article 226 of the constitution, while considering the orders passed by the authorities under the industrial disputes act in labour matters.7. in u.p. ..... management filed an approval petition under section 33(2)(b) of the industrial disputes act before the authority, viz. ..... commissioner of labour, keeping in mind the time-frame fixed by the division bench for passing orders going to expire on 15-1-1995 and also of the fact that he has no powers under the act to issue summons, refused the request and proceeded to pass orders. ..... trite law that under article 226, high court cannot go into the disputed questions of fact ..... karamchari sangh : (2004)iillj9sc , the apex court would make the following observation:the awards passed by the authorities constituted under ..... banerjee ;5) bangalore woollen, cotton and silk mills ..... ultimately, on 27.10.1994, the first bench of this court allowed the writ appeal and remanded the matter again to the assistant commissioner of labour to consider the case afresh and pass order after giving opportunity to both parties to adduce .....
Tag this Judgment!Court : Chennai
Reported in : 2006(2)CTC723; (2006)2MLJ354
..... government of goa, daman and diu and others), wherein the supreme court held as under,the question for consideration is whether even after the inclusion of the above two classes of employees in the definition of the expression 'workman' in the act a teacher in a school can be called a workman. ..... the petitioner school having been granted recognition under the code of matriculation, the provisions of the tamil nadu recognised private schools (regulation) act, 1973, is not applicable because in the definition to 'private school' as per section 2(7), it is stated that recognised by the competent authority under the act. ..... in the above referred judgment of the supreme court it is held that the teachers in the educational institutions are not treated as 'workmen' under the industrial disputes act, 1947, even though the educational institutions can be treated as industry in view of the decision in the bangalore water supply and sewerage board v. a. ..... the grant of permission under section 6 of the act entitles the school for recognition under section 11 of the act. ..... petitioner school, even though claims as minority school in the affidavit, there is no declaration, issued by the competent civil court or by the government, is produced. ..... it is not possible to accept the suggestion that having regard to the object of the act, all employees in an industry except those falling under the four exceptions (i) to (iv) in section 2(s) of the act should be treated as workmen. .....
Tag this Judgment!Court : Chennai
Reported in : [2006]132CompCas797(Mad); 2006(33)PTC330(Mad)
..... he would contend that the whole transaction has taken place only in the city of chennai, except the production of the duplicate products by the accused company and that therefore, the court at chennai has jurisdiction to deal with the case. ..... therefore, the petitioners have not only committed criminal breach of trust, but also committed cheating and infringed the copyrights punishable under sections 406 and 417 of the indian penal code and section 63 r/w section 69 of the copyright act, 1957. 6. ..... steel centre and came to know the infringement of copyrights which is punishable under section 63 r/w section 69 of the copyright act, 1957. ..... of 2004 on the file of the learned viii metropolitan magistrate, george town, chennai, launched as against them for the offences under sections 406 and 417 of the indian penal code and section 63 of the copyright act, 1957. 2. ..... had been no dishonest intention at the very inception which is the basic requirement for attracting the penal provision under section 417 of the indian penal code. ..... he would further contend that there was no cause of action to file a complaint before the court at chennai, as the occurrence had allegedly taken place at bangalore. ..... 2006 (32) ptc 157 that the copy rights shall be registered with the registrar of copyrights before invoking the criminal or civil jurisdiction by the proprietor of copyrights. 15. ..... is his submission that there is no need to register the copyrights before launching criminal prosecution or filing civil suit. .....
Tag this Judgment!Court : Chennai
Reported in : 2006(4)CTC835; (2006)4MLJ45
..... the absence of any special provisions contained in the act regarding the transfer of proceedings pending before family court prohibiting the exercise of power of transfer by the high court under section 24 of the code, when the other concerned civil courts available in other parts of the state where no family court had been established, are competent to try the subject matter of disputes to be fought in family court, it goes without saying that the powers of transfer as contemplated under section 24 of the code can, by no stretch of ..... paragraphs 5 and 6, the court has held as follows: family court, as such, is a substitute of a civil court in respect of the matters referred to in the explanation to sub-section (1) of section 7 of the act and has been declared to be a district court or the subordinate civil court, as the case may be ..... imagination, be held to have been whittled or taken away by the provisions of section 8 of the act. ..... the result, the suit instituted on the file of family court, tumkur was transferred to the family court, bangalore. .....
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