Judgment Search Results Home > Cases Phrase: bombay borstal schools act 1929 maharashtra Sorted by: recent Court: chennai Page 1 of about 18 results (0.095 seconds)

The Commissioner, Corporation of Chennai Vs. The State of Tamil Nadu, ...

Court : Chennai

..... by contending that there was no complaint in respect of the tree under which the petitioner's husband got crushed and suffered the fatal accident and died cannot entitle them to raise a plea of vis major (act of god) and, therefore, in absence of any defence, there can be no hesitation on the part of the respondents to arrive at a conclusion that the falling of the tree was due to the ..... be fixed on the electricity board and that writ petition cannot be entertained, as there was dispute regarding negligence on the part of the board and that the accident was an act of god, beyond the control of electricity board, upon consideration of the medical evidence, which proved that the death was due to electrocution, at paragraphs 11 to 14, hon'ble mr.justice jyothimani, ..... in the light of the above discussion, when the officials of the appellant corporation have failed to discharge their duties enjoined on them, by chennai city municipal corporation act, 1919, in section 259 of the act, which mandates the corporation to cut and remove dangerous trees, even if they were standing in a private place and when one of them fell on a car, resulting in loss of the ..... considered that the said tank was constructed by the parent teachers association it was undoubtedly the responsibility of the school authorities to see that the tank was properly constructed and erected and that it should not have been hazardous ..... maharashtra ..... reported in air 1999 sc 1929, reiterated as follows: "the law is stated ..... greater bombay vs. .....

N. Renuka Devi Vs. E. Lalitha and Another

Court : Chennai

..... order actually entitling the petitioner to the grant of probate or letters of administration is passed, he is required to pay court-fee on the probate or letters of administration on the value of the estate under schedule i of the court-fees act, apart from this payment of court-fee, when the petitioner wants to recover the property comprised within the estate of the deceased he is again required to pay ad valorem court fee on the plaint in the suit ..... . regarding the payment of court-fee on advalorem basis, the learned judge held as follows : -- "but the question is whether for the purpose of the proviso to article 11(k) of the court-fees and suits valuation act, there should be a formal entry of caveat in order to attract the proviso, for; there is contention and the application is therefore, to be tried as a suit merely because there is no formal entry of caveat, it does not appear ..... establishing of the chartered high courts by the british government in 1862, the civil courts in the presidency of bombay were governed by the code of civil procedure, 1859 (act no.viii of 1859, which received the assent of the governor general on 22.3.1859) ..... letter dated 26.07.1984 written by the managing trustee and correspondent of jeevarathinammal high school trust, thiruverkadu to mrs.jaya srinivasan acknowledging the receipt of ..... . state of maharashtra (2003 (5) scc 413) (vide scc p.436, para 73) this ..... . nirmala, the wife of the testator, died in 1929, and thereafter it was the wife of paresh charan that .....

Kamalesh Kumar Sheth Vs. The Inspector of Police, Central Crime Branch ...

Court : Chennai

..... sube singh's case (supra) was decided under borstal schools act, 1925 after the accused was convicted and sentence was imposed upon him ..... the provisions of borstal schools act, 1925 are not in pari materia with section 167 cr.p.c ..... this court posed to mr.amit prasad the judgment of the bombay high court in state of maharashtra v. ..... 14.while dealing with a case relating to the punjab borstal act, 1926, this court held that a person convicted under section 302 ipc and sentenced to life imprisonment is not entitled to the benefit of section 5 of the said act as the offence of murder is punishable with death. ..... following passage from the principles of statutory interpretation by justice g.p.singh (6th edition, reprinted in 1997) at page 197 is worth quoting: "however, it is not a sound principle of construction to interpret expressions used in one act with reference to their use in another act, and decisions rendered with reference to construction of one act cannot be applied with reference to the provisions of another act, when the two acts are not in pari materia (nippon yusen kisha v. ..... though there is separation of executive from the judiciary under the 1973 code, yet certain instances of magistrates acting in aid of investigation of the offences is still retained, and thus provisions have been fitted into chapter ..... section 167 of the 1973 code was amended by the code of criminal procedure amendment act, 1978 whereby the present avatar of section 167 prescribing 60/90 days came into force .....

Meharraj Vs. 1)The State of Tamil Nadu,

Court : Chennai

..... ; (24)for regulating the transmission of appeals and petitions from prisoners and their communications with their friends; (25)for the appointment and guidance of visitors of prisons; (26)for extending any or all of the provisions of this act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the code of criminal procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners confined, therein ..... of the central prison and borstal schools, pudukkottai. ..... prison-offences; (2)determining the classification of prison-offences into serious and minor offences; (3)fixing the punishments admissible under this act which shall be awardable for commission of prison-offences or classes thereof; (4)declaring the circumstances in which acts constituting both a prison- offence and an offence under the indian penal code (act 45 of 1860)may or may not be dealt with as a prison-offence; (5)for the award of marks and ..... provided that in respect of accused or undertrial prisoners under the terrorists and disruptive (prevention) activities act 1987 (central act 28 of 1987) the relatives and friends, who desire to interview them, shall produce a certificate from the concerned village administrative officer or member of legislative assembly of the constituency concerned as to the ..... . the state of maharashtra and others, reported in 1993 (3) bomcr717 the ..... to consider a judgment of the bombay high court in danial h.walcott .....

Esakkithevar, Aged 61, Vs. 1.State Represented By,

Court : Chennai

..... respondent no.16/bdfgissv/2014, dated 03.06.2014, by setting aside the said order of detention passed by the first respondent and setting the detenu m.balavignesh alias bala, s/o.murugan, aged 21 years, at liberty now detained in the borstal school, pudukottai. ..... the reason for immediate consideration of the representation is too obvious to be stressed - the personal liberty of a person is at stake and any delay would not only be an indifferent act on the part of the authorities, but would also be unconstitutional, violating the right enshrined under article 22(5) of the constitution of india of a detenu to have his representation considered with reasonable ..... the adverse notice of the police in two case, registered in cr.nos.964/2013 and 301/2014, under sections 147, 148, 341, 294(b), 324, 307, 506(ii) ipc and section 3(2)(v) sc/st (prevention of atrocities) act, 1989 altered into 147, 148, 341, 294(b), 324, 307, 506(ii) ipc and section 3(i)(x) and 3(2)(v) sc/st (prevention of atrocities) act, 1989 and 147, 148, 294(b), 342, 323, 324, 307 and 506(ii) ipc respectively on the file of palayamkottai p.s. ..... state of maharashtra, reported in (2013) 4 scc435 after considering a catena of decisions, the hon'ble apex court, finding that there was a delay in considering the representation, held that the continued detention is illegal ..... state of maharashtra (2006 (12) scc211= 2007 (1) scc (cri) 680 ..... the explanation that he remained away from bombay is certainly not a reasonable explanation.". .....

M.C.Jayasingh Vs. Mishra Dhatu Nigam Limited

Court : Chennai

..... is not fairly based on the matter disclosed in the specification; (j) that the patent was obtained on a false suggestion or representation; (k) that the subject of any claim of the complete specification is not patentable under this act; (l) that the invention so far as claimed in any claim of the complete specification was secretly used in india, otherwise than as mentioned in sub-section (3), before the priority date of the claim; (m) that the ..... was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india; (b) that the patent was granted on the application of a person not entitled under the provisions of this act to apply therefor; (c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims; (d) that the subject of any claim of the complete specification is ..... . similarly, while dealing with a suit instituted by a company incorporated under the companies act, 1956, a division bench of the bombay high court held in all india reporter limited vs ramchandra [air1961bombay292 that the provisions contained in order vi related only to procedure and that the better view would be to regard them ..... of ..... . state of maharashtra [1977 (1) scc133, the supreme court highlighted the fact that a question relating to burden of proof is not always free from difficulty and that 'apparent simplicity of a question relating to presumptions and burden .....

Jayavel Vs. State

Court : Chennai

..... under the j.j.act, at the most, a juvenile in conflict with law can be detained in a special observation home up to 3 years whereas under the borstal schools act, an 'adolescent offender' shall be kept in a borstal school for not less than 2 years, but not more than 5 years but in no case beyond 23 years of his age (see s.victoria ..... under j.j.act, on the date when the offence was committed the 'juvenile in conflict with law' must be 'below 18 years', whereas under the borstal schools act, on the date of conviction the 'adolescent offender' must be 'above 18 years but below 21 ..... is distinction between juvenile justice act and borstal schools act. ..... . state of maharashtra & another [2011(13)scc 744], the accused was found guilty under sections 396, 506, 341, 379 r/w 120-b of ipc and section 25(1-b) , 5 r/w 27 of the arms act, apart from the other sentence of imprisonment, he was also sentenced to life and his sentences were confirmed by the bombay high court in the criminal appeal filed by him and the honourable supreme court also dismissed his special leave petition ..... . state of maharashtra [2011(13) scc 744], the conviction and sentence recorded as against the appellant were confirmed by the bombay high court and their special leave petition (criminal) was dismissed by the honourable supreme court and thereafter, the accused filed habeas corpus petition under article 32 of the constitution of india before ..... state of maharashtra,[2007(11)scc 420:(2008)1 scc(cri)748,] vimal chadha .....

C.Nagamanickaya Vs. K.Syamanthakamma

Court : Chennai

..... leaves [india] for the purpose of residing abroad, or is declared an insolvent, or desires to be discharged from the trust, or refuses or becomes, in the opinion of a principal civil court of original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new trustee may be appointed in his place by-a] the person nominated for that purpose by the instrument of trust (if any), orb] if there be no such person, or no such person ..... instrument of trust;breach of trust a breach of any duty imposed on a trustee, as such, by any law for the time being in force, is called a breach of trust;registered, expressions defined in act 9 of 1872 and in this act, unless there be something repugnant in the subject of context, registered means registered under the law for the registration of documents for the time being in force; a person is said to have notice of a ..... the entire premises consisting of plots 1(a) and 1(b) to the dakshina maharashtra digambar jain sabha, a registered body, for the purpose of building a school upon it for the education of jain students. ..... the suit was dismissed by the trial judge but on appeal by the plaintiff to the high court of bombay, the trial court's judgment was reversed and the plaintiff's claim for khas possession was allowed in respect of the suit land ..... even for argument sake it is taken that by 1929 or before that itself, c.guruviah chetty became the adopted son of pattabirama chetty, yet his capacity as the .....

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)

..... out in his favour;(b) the patent which is subject matter of the present dispute is not a novel or patentable invention;(c) the applicant/plaintiff has merely copied prior art;(d) the suit filed is only confined to the patents act and all relief including the relief of passing off is only claimed vis-`-vis, the registered patent;(e) the design of banana leaf registered in favour of the applicant/plaintiff is not a valid one;(f) the validity of new ..... selling or importing for those purposes that product in india section 48(b) says thatwhere the subject-matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by the process in india.therefore, the interim order granted by this court in o.a. no. ..... . admittedly, in the case on hand, pre and post grant oppositions had been raised in respect of the patent granted to the applicant/plaintiff and under section 43 of the patents act 1970, it is open to a party who is opposing the patent to prove that there are no inventive steps in the invention of the patent and therefore, the patent granted need not be taken into consideration at least at the time ..... , state of maharashtra rep. by ..... in air 1936 bombay 99 - lallubhai chakubhai jariwala ..... king(ii) air 1929 pc 38 - pope appliance corporation ..... in air 1929 privy council 38 - pop appliance corporation .....

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

..... of the invention so that any variant would fall outside the monopoly claimed, even though it could have no material effect upon the way the invention worked.55. the effect of patent granted under the act and its consequential user apart from a third person using the patented product in the substance equivalent to the patented article has been dealt with by the division bench of delhi high court ..... was amended by way of substitution, the patentees right is better protected than what was in existence in the said provision before the amendment.according to him, after the said amendment and as section 48 of the patents act, 1970 stands today, it should be treated that once a patentee files a suit for infringement based on the patent granted to him, it should be prima facie presumed to be valid until the same is revoked or set ..... and that makes the invention not obvious to a person skilled in the art.therefore, an 'inventive step' which is a necessary ingredient of invention in order to make an applicant eligible for grant of patent under the act must be relating to an invention involving technical advance or having economic significance or both along with a necessary factor that such invention should make it 'not obvious to a person skilled in the art.31. ..... at this stage, it is relevant to point out one other judgment of the bombay high court in farbweke hoechst aktiengesellschaft vormals meister lucius & bruning a ..... ltd. air 1929 pc 38, as follows:the test of anticipation has been .....