Court : Chennai
Decided on : Aug-14-2003
Reported in : (2003)3MLJ507
..... first defendant to hold the land on that basis is also void and not binding on the plaintiffs. there is much force in the said contention.22. section 6(d) of the transfer of property act, 1882 says that an interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. section ..... inalienable service inam. learned counsel referred to section 41 of the tamil nadu hindu religious and charitable endowments act, 1959 which empowers the resumption of the grant of inam made even prior to the coming into force of this act since according to him, any such alienation of a service inam will be violating the public policy inasmuch ..... according to the plaintiffs, is void since the subject matter was an inalienable service inam land. it is stated that on the coming into force of the tamil nadu minor inams (abolition and conversion into ryotwari) act, 1963 (act xxx of 1963), the settlement tahsildar, minor inams, after holding an enquiry under section 11(2) of the said .....
Tag this Judgment!Court : Chennai
Decided on : Apr-10-2003
Reported in : 2004(1)ALD(Cri)859; III(2003)BC479; 2003CriLJ4660; 2003(3)CTC202
..... herein appears to have filled up a fictitious date in the cheque and presented it for collection; that since the transaction for which the said cheque was given as security had already been satisfactorily closed, her father did not bother to check the account, and therefore, the cheque was dishonoured; that the respondent herein issued a notice ..... juvenile. ... if a juvenile is accused of any offence, committed under section 223 of the code of criminal procedure or any other law for the time being in force, but for the prohibition contained in sub-section (1), such juvenile and any person who is not a juvenile, are charged and tried together, the board taking cognizance ..... void, without jurisdiction and void ab initio; and (e) that the cheque has been issued only as security and not for the discharge of any lawful debt or obligation, and therefore, the proceedings u/s. 138 of the act are not maintainable.4. in the counter affidavit filed on behalf of the respondent, it would be submitted that .....
Tag this Judgment!Court : Chennai
Decided on : Jun-17-2003
Reported in : 2004ACJ2125; AIR2003Mad382; 2003(3)CTC526; (2003)3MLJ110
..... deceive the insurance company, burked the material factors, relating to his health. 11.19. it was also observed in kulla ammal (died) and ors. v. the oriental government security life assurance co. ltd., : air1954mad636 as follows : 'true it is that a contract of life insurance has been called one 'uberrimae fidei', in which the insurer is ..... was false or that it suppressed facts which it was material to disclose. 11.17. it was again held in kulla ammal (died) and ors. v. the oriental government security life assurance co. ltd., by its manager at bombay, : air1954mad636 (db) as follows : 'the insurance company's repudiation of liability is really based in this case ..... after two years.- no policy of life insurance effected before the commencement of this act shall after the expiry of two years from the date of commencement of this act and no policy of life insurance effected after the coming into force of this act shall after the expiry of two years from the date on which it was effected .....
Tag this Judgment!Court : Chennai
Decided on : May-14-2003
Reported in : (2003)2MLJ526
..... remarks has stated that raja told him that he paid a sum of rs. 3 lakhs to ahmed ibrahim for securing employment and he has also stated that raja met him subsequently and informed that he was forced to give an affidavit stating that he did not make the said payment and in such circumstances, learned judge stated, ..... put up a plea before this court that no suit is pending against them regarding encroachment of the wakf property. it is not a solitary or an isolated act. learned supervisor has commented that when the secretary was directed to drop certain proceedings, the secretary dropped the proceedings, but a resolution was subsequently passed by the ..... observed that the appellant in his reply has admitted that he was once convicted, but he has stated that other persons having similar disqualification have been permitted to act as trustees and submitted that since there is an admission as regards the conviction in the earlier proceedings, there is no necessity for the respondents to adduce .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-2003
Reported in : 2003(1)CTC259; I(2003)DMC668; (2003)2MLJ148
..... in family court. 12. though in the petition for divorce the petitioner has raised a ground that the first respondent's consent was being obtained by force and fraud and the petitioner was informed that the first respondent had given consent for the marriage, which amounts to fraud and misrepresentation, at the time of ..... reported in : which supports the stand taken by the husband. their lordships after referring 'treating the petitioner with cruelty' in section 13(1)(i-a) of the act have concluded, '14. ........ under the statutory provision, cruelty includes both physical and mental cruelty. the legal conception of cruelty and the kind of degree of cruelty ..... necessary to amount to a matrimonial offence has not been defined under the act. probably, the legislature has advisedly refrained from making any attempt at giving a comprehensive definition of the expression that may cover all cases, realising the .....
Tag this Judgment!Court : Chennai
Decided on : Jun-17-2003
Reported in : AIR2004Mad18
..... . from the above decision, it is clear that even if any agreement had been entered into in respect of the sale of the property prior to the act came into force, the agreement would become null and void and that cannot be enforced. when that be the case, in this case, the agreement itself is subsequent to the ..... sum of rs. 4,50,000/- accompanied the said notice; by this notice, the defendant called upon the plaintiff to return the original documents received by her for security. the plaintiff refused to receive this notice and it was returned 'undelivered'. on 23-1-1988, the defendant issued a telegraphic notice informing that agreement stood cancelled; by ..... arrears of urban land tax. no draft sale deed was forwarded to enable the defendant to secure necessary certificate under section 230-a of the income-tax act. the plaintiff was indifferent towards his obligations. in the year 1986, the income-tax act was amended with the introduction of chapter xx-c, the plaintiff was informed that the law .....
Tag this Judgment!Court : Chennai
Decided on : May-13-2003
Reported in : (2003)IIILLJ570Mad; (2003)2MLJ633
..... the average of ratings under the heads of managerial ability, potential and overall suitability should not be more than +/- 10% of the average of marks secured under the heads of past performance and confidential reports. in case the difference is more than the tolerance level specified above the evaluation committee, constituted as ..... him eminently suitable for promotion to the grade of general manager. 1999 the officers strength are his excellent knowledge, high integrity and strong desire to act effectively. with a little moderation at times he could be an excellent friend philosopher and guide. overall, i consider him quite suitable for promotion. 2000 ..... addressed to government officials/financial institutions. with his experience and job knowledge he could exhibit better performance if he understands the priorities of the bank and acts in proper perspectives'.71. by this time, the respondents have been made aware that even downgrading has to be communicated and hence even though the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-11-2003
Reported in : III(2003)BC49; 2003(2)CTC424; (2003)2MLJ475
..... passed an order of injunction restraining the plaintiffs and their men from in any manner interfering with the possession and enjoyment of the defendant and it is still in force. the defendant has been paying all his contribution for payment of house tax as well as electricity charges. the plaintiffs are not entitled to any relief and the ..... of the party and not from the mother.16. the learned counsel for the respondent relied on kamakshi animal v. rajalakshmi and ors., : under section 3 of the act, wherein it has been held as follows:'purchase of property in the name of wife or unmarried daughter is not a benami transaction. there is a mandatory presumption that ..... for the benefit of such persons'.this decision is also applicable to the case on hand.17. the learned counsel for the respondent also relied upon section 3 of the act relating to prohibition of benami transaction and sub-sections (1) and (2) read as follows:(1) no person shall enter into any benami transaction.(2) nothing in sub .....
Tag this Judgment!Court : Chennai
Decided on : Apr-11-2003
Reported in : (2003)2MLJ332
..... had also undertaken to pay on demand to the petitioner, the entire dues and indemnify and keep the petitioner indemnified against the loss of principal, interest or other moneys secured and costs. his liability was co-extensive with that of the other respondents. the first respondent had been a chronic and systematic defaulter in repayment of the loan. ..... court cannot raise an adverse inference against a party withholding evidence in his possession. such a rule is inconsistent with illustration (g) of s. 114 of the evidence act, and also an impressive body of authority.' having regard to this ratio of the supreme court, in our view, the learned additional district judge was in error in ..... that respondents 2 and 3 had not established by any tangible proof that they had retired from the first respondent/partnership, that under section 31(1) of the act an application could not be said to be a suit, that the claim was not barred by limitation, that on a breach of an agreement by an industrial .....
Tag this Judgment!Court : Chennai
Decided on : Nov-11-2003
Reported in : (2004)190CTR(Mad)536; [2004]267ITR677(Mad)
..... is required to be and is answered against the revenue and in favour of the assessee. we must, however, make it clear that in the event of the assessee subsequently securing renewal, whether under the orders of the court or otherwise, the assessee's assessment to wealth-tax for the years subsequent to 1987 will be liable to be reopened so ..... property.3. the property has a large vacant area. the assessee claimed that as that was in excess of what was permissible under the provisions of the urban land ceiling act which was in force during these years the vacant portion should be valued at the rate of which the land was to be compensated in terms of that ..... s contention that the property at no. 17, greams road, madras, should be valued on the basis of rent capitalisation method for determining the taxable wealth under the wealth-tax act ?(2) whether, on the facts and in the circumstances of the case, the tribunal was right in rejecting the assessee's contention that the property at ooty should be .....
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