Court : Chennai
Reported in : AIR1978Mad210
..... willing to reside permanently in conjeevaram for the period of his office. the executive trustee is to hold office for five years and he is required to give security for rs. 2,000/-. he should be paid an honorarium, which shall not exceed rs. 100/- per mensem. clause (6) of the scheme significantly provides ..... that the functions and powers of the trustee under the madras hindu religious endowments act shall ordinarily be exercised by the executive trustee alone. clause (12) provides the rights of the honorary trustees. they are entitled to receive any information which they ..... the temple should be administered by the board by appointing an executive trustee. all functions and powers of the trustee under the madras hindu religious endowments act shall ordinarily be exercised by the executive trustee alone. the function of the honorary trustees is restricted to receiving information which they may require regarding the .....
Tag this Judgment!Court : Chennai
Reported in : 2000(118)ELT560(Mad)
..... proceedings deserves to be quashed. hence, these two petitions.4. learned government advocate also stated that section 40 of the central excise act has not been adhered to and as such, there is force in the contention of the petitioners.5. heard the learned counsel for both sides.6. these two petitions are filed by joint commissioner ..... duty which works out to rs. 18.48 lakhs. the prosecution has been launched in total disregard of the provisions of section 40 of the central excise act which calls for notice of one month either to the alleged offending officers or to the central government. the initiation of proceedings itself lacks jurisdiction and on ..... of brass sheets and circles. they registered themselves under the central excise department only from august '98 onwards. hence, summon under section 14 of the central excise act, 1944 was issued to madan mohan mohanti for his appearance before the superintendent of central excise, anti-evasion, madurai on 6-1-1999 for him to participate .....
Tag this Judgment!Court : Chennai
Reported in : AIR1962Mad458
..... 'patna' and 'cossijurrah' cases. the supreme court entertained proceedings against the officers of the company's courts in respect of their official acts and the company's government promptly employed military force to prevent the orders of the court from being carried out. this caused widespread tumult and uproar which reach-.6d the shores of england. ..... set aside his order. this court's inherent powers to make such orders may be necessary to prevent abuse of process of any court or otherwise to secure the ends of justice are saved by section 561-a of the criminal procedure code.'in the present instance the provision of law invoked is section 151 civil procedure code. we ..... cancelling the appointment of sri w. s. venkataramanujulu as joint receiver and maintaining the appointment of the fifth defendant as receiver subject to the condition of his furnishing security in the manner aforesaid. c. m. a. no. 218 of 1961 is therefore partly allowed.(48) the trial of the suit is expedited and the .....
Tag this Judgment!Court : Chennai
Reported in : [1999]97CompCas582(Mad); 1998(3)CTC589
..... , india, from disposing of any of the immovable properties. c.p.no.18 of 1993 was filed by gwl, india under section 22-a of the securities contract regulation act in regard to rejection of the registration of shares lodged in the name of trident portfolio and investments private limited.35. apart from the above, c.p. ..... stated that in 1973 the majority share holding of gwl, uk, in gordon woodroffe, india, was reduced to just below 40% consequent upon the coming into force of the foreign exchange regulations act, 1973. it is stated that gwl, uk, had no other business except the investment in gwl, india and the only assets of which gwl , uk, ..... position, he attempted to secure personal gain and advantage for himself and his family members. the acquisition of shares in gwl, india in the names of tracstar and sspl, were in violation of various requirements of law and hence it is illegal. when the sick industrial companies (special provisions) act, 1985, came into force, the board for industrial .....
Tag this Judgment!Court : Chennai
Reported in : (1980)16CTR(Mad)201; [1980]126ITR615(Mad)
..... is inherently indefinite in scope, as what may be a mistake to one may not be one for another. it is mostly subjective and the dividing line in border areas is thin and indiscernible. indeed, it is imponderable due to its inherent indefiniteness. it is something which a duly and judiciously instructed mind can find out from ..... these provisions, s. 2(12a) defines an accountable person, or its variant 'person accountable', as including every person in respect of whom nay proceeding under this act has been taken for the assessment of the assessment of the principal value of the estate. 54. the record of the assessment proceedings in this case shown some ..... subsequently, while the assessment proceedings were still under way, the company appears to have applied to the central board of direct taxes, apparently under s. 69 of the act, seeking for the board's is intervention in the assessment. it is quite possible that the board intervened and directed the further course of the assessment. it may .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad130
..... provide for the levy of a general tax on the sale of goods in the state of madras was derived under the government of india act, 1935, the constitution act then in force. under section 100, sub-section (3), the provincial legislature is empowered to legislate for the province with respect to any of the matters enumerated ..... in list ii in the 7th schedule to the act, and item 48 in that list is 'taxes on the sale of goods and on advertisements.' the ..... bharat sabaigrass ltd., calcutta v. collector of commercial taxes, orissa' : air1953ori23 , in the latter case, at p. 25, the learned judges observed;'there seems to be enough force in the contention that a mere contract for sale cannot constitute a sale. it being executory in character, pure and simple, no property of ownership passes under it. the sale .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad147; (1951)IMLJ628
..... 319 u. s. 624. the true character, object & effect of the legislation can only, as has been said, be ascertained from an examination of the act in its entirety. the safety or security of the state is not the end or purpose of the legislation. its purpose is much more restricted, namely, the maintenance of public order inside the state ..... ; the tribunal must be impartial & disinterested; and any condemnation, conviction or deprivation of personal liberty or property must be imposed only as a result or by the force of the decision of the tribunal. it is not necessary that the tribunal should be one in the heirarchy of the ordinary criminal cts. a right of appeal from ..... the decision of the tribunal is nob essential. no set form or stereotyped procedure is necessary. it is not desirable to force 'natural justice' a term lacking in precision, though not in content, into a procrustean bed.68. it is in the light of these principles that the validity .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ880
..... with respect to character of document, it is void, and when it is with respect to contents of document, it is voidable - deeds and documents.specific relief act, 1963 - section 31 - cancellation of registered document - presumption of valid execution of registered document - existence of - onus of rebuttal of the presumption, held, ..... out and explained to the executant. however, absence of certificate or endorsement is not conclusive or decisive and the burden can be discharged by other evidence.contract act (9 of 1872), sections 16, 18 - illiterate lady - execution of sale deed - concurrent finding based on material evidence that she understood nature of ..... undue influence, the learned appellant counsel placed reliance on the decision (hamelo (deceased) v. jang sher singh) wherein it is held as follows:transfer of property act (4 of 1882), section 105 - lease - validity -misrepresentation and undue influence - plaintiff, a lessor was illiterate old and sick lady - question whether lease .....
Tag this Judgment!Court : Chennai
Reported in : 2005(3)ARBLR354(Madras); [2006]129CompCas849(Mad); 2004(5)CTC1; (2004)4MLJ434
..... learned senior counsel appearing for the appellant that other companies supplying power to the tneb are not insisting the dues and also to implement the payment security mechanism, learned senior counsel submitted that the appellant-company has the highest outstanding with the tneb, namely 76% of the outstanding and merely because others ..... conducted, and the award shall be rendered, in the english language. (f)this agreement and the rights and obligation of the parties shall remain in full force and effect pending the award in any arbitration proceedings hereunder. (g) the costs of arbitration shall be determined by the arbitral tribunal in accordance with the ..... contract. the said contract provided for arbitration for any difference arising out of the agreement being referred to arbitrators, which is governed by the indian arbitration act, 1940. in view of certain disputes, two arbitrators and an umpire were appointed. the arbitrators informed the umpire that they were unable to agree on .....
Tag this Judgment!Court : Chennai
Reported in : 1996(2)CTC337; (1996)IIMLJ345
..... view, it is not possible to draw any analogy or substenance from the cases decided under the industrial disputes act or the shops and establishments act to hold that the order is liable to be struck down.24. though i find force in the arguments advanced by the learned senior counsel mr. thiagarajan in the context of the facts and circumstances ..... service whether by way of punishment or not. he also referred to section 24 of the act which provides that the chapter to have overriding effect over the other law for the time being in force. he contended that considering the object behind the act, it is necessary that the prior approval of the competent authority should be obtained before the ..... of the case, i am of the view that section 19 of the act would squarely apply to the facts of the case and the prior approval .....
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