Court : Chennai
Decided on : Dec-14-2007
Reported in : (2008)2MLJ348
..... of section 3 or any part thereof (except in so far as such law continues to be applicable to renoncants) shall stand repealed as from the coming into force of the said act in pondicherry and sub-section (2) of section 4 enjoyed that; nothing in sub-section (1) shall affect-(a) the previous operation of any law so ..... observed as follows:index note: (a) civil p.c., section 2(2) - decree - grosses copy of a notarial mortgage bond executed under the french law has the force of a decree. (x-ref: chandernagore (merger) act (1954), section 18(2)). (x. ref: chandernagore (application of laws) order (1950), paras 7 and 8). (x-ref: chandernagore (administration) regulation (1952), regln ..... of 'code de procedure civile' (in french) before this court and pressed into service chapter vi of general rules on forced execution of judgment and acts article 545 which enjoins as follows:no judgment or act shall be put into execution if they do not bear the same title as the laws and are not ended by an .....
Tag this Judgment!Court : Chennai
Decided on : Mar-02-2007
Reported in : 2007(2)CTC369
..... coastal industries. states should appropriately protect the rights of fishers and fish workers, particularly those engaged in subsistence, small-scale and artisanal fisheries, to a secure and just livelihood, as well as preferential access, where appropriate, to traditional fishing grounds and resources in the waters under their national jurisdiction. xi. ..... on a special island ecosystem of kattupalli and the important brackish water ecosystem of pulicat lake both of which need to be conserved. kattupalli island borders upon pulicat lake which has a density bird population and dense tropical vegetation of great diversity.xvii. pulicat lake is a sister lake of ..... on the three relevant entries relating to the acquisition and requisitioning of property by way of constitution (seventh amendment) act, 1956, which came into force on 1.11.1956. prior to the constitution (seventh amendment) act, 1956, entry 33 of list i read as follows, 'acquisition or requisitioning of property for the purpose of .....
Tag this Judgment!Court : Chennai
Decided on : Oct-12-2007
Reported in : (2008)1MLJ270; 2007(5)CTC392
..... 10. we are unable to accept the submission that the bye-laws of a co-operative society framed in pursuance of the provisions of the act can be held to be law or to have the force of law. it has no doubt been held that, if a statute gives power to a government or other authority to make rules, ..... and ors. etc. v. additional industrial tribunal, andhra pradesh, hyderabad and ors. etc.) that bye-laws of a co-operative society framed in pursuance of the provisions of the act cannot be held to have the force of law, it will have to be held that the same would not in any way impinge upon the specific provision contained under the ..... of the society are similar in nature to the articles of association of a company incorporated under the companies act and therefore, it has no force of law. similarly, comparison was also made with the standing orders under the industrial employment standing orders act, where again, it was held that though such standing orders are binding on the employer and employee .....
Tag this Judgment!Court : Chennai
Decided on : Oct-12-2007
Reported in : 2007(5)CTC513; (2007)6MLJ128
..... is claimed to have been transformed into absolute estate under this particular section, was at least in such possession, taking the word `possession' in its widest connotation, when the act came into force, the section would not apply.and added : (scr p. 978)in our opinion, the view expressed above is the correct view as to how the words `any property ..... restrict her right. it was in that context that this court held that it was a case where tulasamma possessed the property on the date of the coming into force of the act as a limited owner having acquired the same by virtue of a compromise and in the light of the explanation to sub-section (1) of section 14, it ..... the nature of a proviso or exception to section 14(1) and the said section 14(2) is applicable only if the acquisition arose for first time after the act came into force without there being any pre-existing right. the supreme court has held in the said earliest judgment as follows:6. the point for our consideration is narrowed down .....
Tag this Judgment!Court : Chennai
Decided on : Oct-06-2007
Reported in : 2008(1)CTC545; AIR2008Mad127; 2008(3)AIRKarR210(FB); 2008(1)MLJ1217
..... by qualified teachers before allowing such students to write the examination. it would be only in conformity with the regulations of the university if the attendance secured by students, after the affiliation was granted is taken into consideration to arrive the minimum required number of days to write the examination. any other conclusion ..... and jaya gokul educational trust case, the court concluded as follows:63. in the instant case, admittedly, parliament has enacted the 1993 act, which is in force. the preamble of the act provides for establishment of national council for teacher education (ncte) with a view to achieving planned and coordinated development of the teacher-education ..... or research and scientific and technical institutions.this entry has remained unchanged since the inception of the constitution. before the constitution (forty-second amendment) act, 1976, which came into force with effect from 03.1.1977, entry 11 in list ii, i.e. the state list and entry 25 in list iii, i.e .....
Tag this Judgment!Court : Chennai
Decided on : Oct-03-2007
Reported in : 2008(1)CTC97; (2007)5MLJ1417
..... without any definite opinion on that score, much weight cannot be attached to the opinion evidence of cw-1. in our view, this contention has no force. cw-1 was only confined to comparison of disputed signature with admitted signatures and giving his opinion. it was neither within his domain nor necessary to ..... the execution of the document, under section71 evidence act, it has been provided that in such circumstances, the execution of the document may be proved by other evidence.27. the learned senior counsel submitted that plaintiff ..... the execution of the document.26. contending that when the attesting witness has turned hostile, execution can be proved by other evidence under section 71 of evidence act, the learned senior counsel placed reliance upon : air1990ori232 brundaban nayak and ors. v. gobardan biswal and ors. where attesting witness denies or does not recollect .....
Tag this Judgment!Court : Chennai
Decided on : Jul-18-2007
Reported in : 2007(4)ARBLR261(Madras); 2007(5)CTC17; (2007)5MLJ257
..... 12,81,0004 erroneous billing by the dept. 39,92,435 39,92,4555 losses suffered owning to over- stayal of work. 1,26,750 1,04,2506 refund of security deposit 94100 941007 damages to be paid for withholding money due to the contractor by way of interest at the rate of 24% which continues to accrue at 24% not ..... contractor further averred that level of employment of labour was at the rate of about 150 men every day, except on sundays and other holidays and that certain minimum labour force was required for doing sleeper renewal work and that the required level of labour was always maintained at the work spot. the contractor/claimant has averred that due to delays ..... decide the objections raised by a party against an arbitration award, the jurisdiction of the court is limited only to the grounds set out in section 30 of the arbitration act (old act) and it has no jurisdiction to sit in appeal and examine the correctness of the award on merits. it is not necessary to examine the merits of the award .....
Tag this Judgment!Court : Chennai
Decided on : Aug-06-2007
Reported in : (2007)4MLJ1153
..... of any dispute arising under the agreement. article 3 of the rules declares that the dispute settlement system of the world trade organisation is to provide security and predictability to the multilateral trading system. when such a comprehensive dispute settlement mechanism is provided as indicated above and when it cannot be disputed ..... relevant for the purpose of the case on hand. we extract that question hereunder:the question is, whether judicial review is available for the purpose of securing a declaration that certain united kingdom primary legislation is incompatible with community law?in deciding that issue, the house of lords referred to article 119 of ..... comprehensive provisions, the union government of india made some temporary provisions in the act itself, which temporary provisions came to an end on and with effect from the coming into force of act 15/2005. prior to amending act 15/2005, there were amending acts 17/1999 and 38/2002. in the affidavits filed in support of both .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-2007
Reported in : 2007(4)CTC609; 2007(35)PTC938(Mad)
..... overseas right. it is common knowledge that in cinema trade, release of any picture through satellite, doordarshan etc. and overseas would be of considerable importance both to secure success of the film and also to earn profit.42. having regard to the views taken by us in appointing the plaintiff as party receiver, any right of ..... 60. the question may arise whether in a suit for declaration and injunction, receiver could be appointed. grant of injunction governed by the provisions of specific relief act and equitable consideration should invariably be the guiding factor while recording the findings on the question of prima facie case, irreparable loss and balance of convenience. in ..... contemplated under the cancellation agreement, the plaintiff had taken demand draft for rs. 29,00,000/- on 24.11.2005 and the cancellation agreement was very well acted upon, as is evidenced by the proceedings before the sifcc and apfcc. it is stated that it is the responsibility of the svce to cancel the said .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-2007
Reported in : 2007(5)CTC369; (2007)6MLJ455
..... principles enunciated by the supreme court in ashwin kumar's case (supra). hence, the settlements entered under sections 12 or 18 of the industrial disputes act, have got no statutory force and are unforceable. promotions effected also fall to ground.in view of what is stated supra, we hold:(i) that g.o. ms. no. ..... courts desist from issuing orders preventing regular selection of recruitment at the instance of such persons and from issuing directions for continuance of those who have not secured regular appointments as per procedure established. the passing of orders for continuance tends to defeat the very constitutional scheme of public employment. it has to be ..... the supreme court, we hold as follows:i) the state government cannot exercise its jurisdiction under article 162 of the constitution of india or under any act to direct regularisation of service of any employee, including employees of a co-operative society, if the appointments have been made in contravention of the statutory .....
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