Judgment Search Results Home > Cases Phrase: bombay children act 1948 maharashtra section 77 court empowered to exercise powers under one or more of preceding provisions Court: chennai Page 1 of about 7 results (0.197 seconds)

S.Madheswaran. Vs. State of Tamil Nadu and ors.

Court : Chennai

..... state of maharashtra and 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 (criminal). ..... in the light of the statutory provisions and the decisions seen above, in the case before us, on the date, when the offence was committed, petitioner being a juvenile in conflict with law entitled to the benefit of juvenile justice (care and protection of children) act, 2000, as such as per section 16 of the act, he cannot be sentenced to life, so he has to be freed from jail.34. ..... so, no one shall be jailed as against the provisions of j.j. ..... 624], in the habeas corpus petitions filed by the life convicts after dismissal of their criminal appeals by this court when they have established that they were juveniles in conflict with law at the time when the offences were committed by them and they have spent more than 3 years in jail and they have also crossed 18 years of their age long back, the court directed their release from jail.31. ..... before the learned iii additional sessions judge, salem, in s.c.no.9 of 2001, the petitioner was prosecuted as a6 for having killed one vasudevan along with others on 21.08.1999, in pullagoundampatti, in salem district.3. .....

Jayavel Vs. State

Court : Chennai

..... enactment while making an inquiry with regard to the juvenility of a person, when the claim of juvenility is raised before the court exercising powers under section 7-a of the act ..... the report of the inquiring judge, the several provisions of juvenile justice act, 1986 (shortly, hereinafter, old j.j.act, 1986) and the juvenile justice (care and protection of children) act, 2000 (shortly, hereinafter, the new j.j.act, 2000) as amended by act no.33 of 2006 and several decisions on juvenile justice ..... 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 the honourable supreme court, in writ petition (criminal) no.16 of 2010 and for the first time, claimed juvenility, the honourable supreme court ..... one shall be jailed as against the provisions of j.j.act, more particularly, in violation of s.15,16 of new j.j.act,2000 (also see s.7a and s.20, new j.j.act ..... section 20 enables the court to consider and determine the juvenility of a person even after conviction by the regular court and also empowers the court, while maintaining the conviction, to set aside the sentence imposed and forward the case to the juvenile justice board concerned for passing sentence in accordance with the provisions of the juvenile justice act .....

R.Chinnusamy Vs. State of Tamil Nadu

Court : Chennai

..... a court before interfering in tender or contractual matters, in exercise of power of judicial review, should pose to itself the following questions: (i) whether the process adopted or decision made by the authority is mala fide or intended to favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: the decision is such that no responsible authority acting reasonably ..... submitted that the policy decision of the state cannot be normally interfered with and unless the decision is contrary to any statutory provision or the constitution, the courts cannot examine relative merits of different economic policies. ..... bombay high court and the bombay high court ..... that case, the state of maharashtra floated a global tender for ..... eggs and there is nothing wrong in ensuring quality, particularly when the purpose is to feed the poor children and the same cannot be questioned by the petitioners. ..... (xv)the director of social welfare shall, without prejudice to its other remedies under the contract, deduct from the contract price, as liquidated damages, a sum equivalent to the percentage at the rate of 5% per month of the value of undelivered portion of eggs as per ..... have made a categorical statement that the government could have more than one supplier selected in the tender process. ..... department of the government for having delivered eggs or any other food material for a minimum of 200 delivery points every month during the preceding three months. .....

Mohamed Mujeebur Rahman Vs. the State of Tamil Nadu and ors.

Court : Chennai

..... power of the state government to appoint mutawalli under section 66 of act 43 of 1995 cannot be taken way by the second respondent by exercising its power under section 32(2)(g) of act 43 of 1995;(vi)that respondents 3 to 6 have committed gross misappropriation and failed to perform their statutory obligations and, in fact, the high court ..... the board for exercising its powers under this clause;(f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for the auditing of account of wakfs;(g) to appoint and approve and remove mutawallis in accordance with the provisions of this act;(h) to take ..... the wakfs having an annual income or rupees one lakh and above;(c) one and not more than two members to be nominated by the state government representing eminent muslim organisations;(d) one and not more than two members to be nominated by ..... person for himself, or for the mothers of his children, or for his own children, or a wakf of mushaa was lawful, which was ..... act, 1934, u.p.muslim wakfs act, 1936, bihar wakf act, 1947, and in bombay they had the central act, 1923 amended in 1935 by the mussalman wakf (bombay amendment) act ..... act, 1954 is not applicable to uttar pradesh, west bengal, parts of gujarat, parts of maharashtra ..... precedent is a decision which lays down some principle of law and any judgment dismissing the special leave petition will not amount to the declaration of law and therefore, there is no merger and in those circumstances, it was held by the supreme court .....

A.Pavadai Vs. Revenue Divisional Officer

Court : Chennai

..... courts in india are empowered under article 226 of the constitution to exercise judicial review to correct administrative decisions and under this jurisdiction the high court ..... escorting stands over, one cannot but ascribe it to be in the course of employment the two teachers were assigned to escort the students : the reason obviously being the children should otherwise be safe and secure and it is the act of utter negligence of ..... awarding compensation in a proceeding in which courts power under articles 32 and 226 of the ..... any way whatsoever and since the issue of vicarious liability has been more emphatic and pronounced than the issue of joint tort-feasor, we ..... under the tamil nadu recognised private schools (regulation) act, rules framed thereunder, and the code, have to be in conformity with the statutory provisions and that the educational authorities have a pervasive control over such schools, recognised by the competent authorities, under the act ..... courts of delhi, rajasthan, orissa, punjab and haryana, himachal pradesh, patna, madhya pradesh, allahabad and bombay in the states of delhi, rajasthan, orissa, haryana, himachal pradesh, bihar, madhya pradesh, uttar pradesh, maharashtra and goa to deal with the matter in respect of the allegations made herein in respect of the state falling in their jurisdiction by treating the writ petition as a petition filed in that high court ..... precedents, can this court deny compensation to the unfortunate parents of the four children ..... under section .....

Kalai Selvi Vs. the State

Court : Chennai

..... court under section 302 r/w 34 i.p.c, since the appellant was a juvenile in conflict with law within the meaning of new juvenile justice (care and protection of children) act, 2000 on the date when the offence was committed, he was already in jail for 9 years and attained his majority long back directed his release from jail and also noticing section 19 of the j.j act ..... the supreme court and this court and bearing in mind the above provisions of the act/rules and taking into account the facts and circumstances of the case, while considering the relief sought for by the petitioner for setting the detenu at liberty, as he is now aged 34 years and is in jail for more than 11 years, as per section 2(l) of the act, as ..... the incident, which occurred on the night of 16th december, 2012, was not only gruesome, but almost maniacal in its content, wherein one juvenile, whose role is yet to be established, was involved, but such an incident, in comparison to the vast number of crimes ..... 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 ..... maharashtra & another [2011(13)scc744, 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 ..... caused the death of millions of people, including children, the united nations had been formed in 1945 and on 10th december, 1948 adopted and proclaimed the universal declaration of human .....

Maria Grace Rural Middle School, Rep. by Its Correspondent Rev. Fr. A. ...

Court : Chennai

Reported in : AIR2007Mad52

..... tamil nadu recognised private schools (regulation) amendment act, 1998 (act 11 of 1999), inserting section 14-a to tamil nadu recognised private schools (regulation) act, 1973, violate the fundamental rights enshrined under part iii of the constitution of india, particularly articles 21, 21a, 39, 41, 45 and 46;(ii) the impugned provisions promote discrimination and hit by articles 14 and 30(2) of the constitution, since it permit two classes of recognised private schools after 01.06.1991;(iii) the state ..... note of various aspects including the fact that it has achieved gross access rate in the year 2003-2004 itself in fulfilling the constitutional mandate of providing free education to all children and that it is not in need of any more private schools in its efforts to achieve the goal of providing free education, has taken a policy decision not to grant aid to private schools established on or after the ..... opinion that in cases where constitutionality and/or interpretation of any legislation, be it made by parliament or an executive authority by way of delegated legislation, is in question, it would be idle to contend that a court of superior jurisdiction cannot exercise the power of judicial review. ..... , by the state of maharashtra, their lordships have held that recognized private law colleges alone were singled out for ..... the writ appeals as well as the writ petitions is one and the same, they are being disposed of by the ..... legislation, the following conclusion in bombay dyeing & ., v. .....

Kanagavalli and 4 Others Vs. Saroja and 3 Others

Court : Chennai

Reported in : AIR2002Mad73; II(2001)DMC603; (2001)3MLJ360

..... therefore, the children born to them are not illegitimate and the provisions of section 16 of the hindu marriage act will be applicable to them.8. ..... section 16 of the hindu marriage act clearly lays down that notwithstanding that a marriage is null and void under section 11 and where a decree of nullity has been granted in respect of a voidable marriage, children who are born, who would otherwise have been legitimate if the marriage had been valid, shall be deemed to be their legitimate children. ..... the following enactments of the states governments provide for uniform compulsory registration of marriages: * the bombay registration of marriages act, 1953 as in force in the states of maharashtra and gujarat. ..... in particular, he submitted that itwas their case in the written statement that the 1st appellant had a liaison with one veeraghavan and it was while she was pregnant with his child, that she came in touch with natarajan. ..... suruttayan, the supreme court held that the circumstances of evidence in that case did not destroy the presumption, that the parties therein lived as man and wife under the same roof. ..... panchayats can be empowered to register marriages, certificates issued by temples and kalyanamandapams where marriage takes place can be considered by the registering authorities to issue certificates of registration. ..... what is more, the children born out of this union will not have to go to courts and seek declaration of their paternity. .....

Rahamathulla Vs. Piyare and Others

Court : Chennai

Reported in : 1996CriLJ4322; II(1996)DMC295

..... these provisions contemplate, the divorced wife's right to claim maintenance in respect of the children, under the act, and this has got nothing to do with the independent right of the children to be maintained by the father, even under the relevant sections of the mahomedan law. ..... that was why, provision has been made under section 3(1)(b) of the act of 1986, that the husband shall pay to the children through the divorced wife for a period of two years from the date of the birth of the said children in respect of maintenance and also means that the father will have no right to claim custody, as that may not be in the interest of children. ..... contained in any other law for the time being in force, a divorced woman shall be entitled to (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband; (b) where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates or birth ..... state of maharashtra, , the bombay high court has held that 'on the date of filing of application claiming maintenance under s. ..... since the husband/petitioner was not satisfied with the 'sreedhana' provided by the family of the wife/1st respondent at the time of marriage, he demanded for more money and jewels, even after the child was born. ..... 1 and one amanulla was examined as p.w. 2. .....

K. Abdul Azeez Sahib and Sons, Four Horse Beedi Manufacturers and ors. ...

Court : Chennai

Reported in : (1973)2MLJ126

..... provisions of the industrial employment (standing orders) act, 1946, shall apply to every industrial premises wherein fifty or more persons are employed or were employed on any one day of the preceding twelve months as if such industrial premises were an industrial establishment to which that act has been applied by a notification under sub-section (3) of section 1 thereof, and as if the employee in the said premises were a workman within the meaning of that act ..... the grant or renewal of a licence and the provision for an appeal against such order, are sufficient safe-guards against any arbitrary exercise of power by the licensing authority. ..... as far as clauses 2 (g) (a) and 2 (m) are concerned the high court of bombay proceeded on the basis that the contractor was an independent contractor and the provisions of the act logically taken to their conclusions meant that the principal employer was made liable civilly as well as criminally in respect of every ..... the part-time worker or the members of his family including women and children, who would assist in rolling the beedies or taking any part in producing the finished product would be disentitled from participating in the ..... forests of chanda and bhandara districts in the vidharbha region of the state of maharashtra and in certian other states. ..... act, 1948 applies to such establishments, there has been a tendency on the part of employers to split their concerns into smaller units and thus escape from the provisions of the said act .....