Court : Chennai
..... for declaration that the plaintiff society and the ayyappa temple situated at plot no.c, 49, 2nd avenue, anna nagar, chennai are not religious institutions as defined in the tamil nadu hindu religious and charitable endowment act 1959, and the prayer for setting aside the orders of commissioner in a.p.no.32 of 2001 dated 28.4.2009 confirming the order of the joint commissioner made in o.a.no.8 of 1987 dated 25th april 2001 was also made ..... against the order of the commissioner hr and ce made in a.p.no.23 of 2001 dated 28.04.2009, the plaintiff has filed the above suit under section 70 of the tamil nadu hindu religious and charitable endowment act 1959. ..... in the said decision, the learned judge after referring to various pronouncements of this court as well as the hon'ble supreme court and after taking into account the definition of the terms religious institution as well as temple in tamil nadu hindu religious and charitable endowment act had held that the architecture of the temple, performance of pooja, distribution of prasatham and even presence of hundials cannot make the temple to public, if it is otherwise private. 22. ..... i have heard mr.t.r.rajagopalan learned senior counsel assisted by mr.av.arunan, learned counsel for the appellant and mr.r.venkataramani, learned additional advocate general assisted by mr.r.pratap singh, learned government advocate for the respondent. 14. ..... advocate general to government of h.p. .....
Tag this Judgment!Court : Chennai Madurai
..... it is not within the province or jurisdiction of the court to effect any change in the phraseology adopted by the legislature; and (e) finally, on the basis of his submission on the interpretation of section 30(i) of the act, the learned counsel for the appellant submitted that if the landlord does not notify the completion of the building, it means that he has impliedly waived his right to get the benefit of section 30(i) of the act. ..... prayer: second appeal filed under section 100 of civil procedure code, praying against judgement and decree dated 16.11.2004 and passed in a.s.no.82 of 2003 by the hon'ble principal district judge, virudhunagar district at srivilliputhur reversing the judgment and decree dated 09.07.2003 and passed on o.s.no.171 of 1999 by the hon' ..... while the exemption under section 29 is characterized as a floating exemption , the exemption under section 30 has been described as fixed exemption which can be withdrawn only by way of an amendment to the act and not depend upon any notification by the government. 8. ..... (prayer: second appeal filed under section 100 of civil procedure code, praying against judgement and decree dated 16.11.2004 and passed in a.s.no.81 of 2003 by the hon'ble principal district judge, virudhunagar district at srivilliputhur reversing the judgment and decree dated 09.07.2003 and passed on o.s.no.170 of 1999 by the hon' .....
Tag this Judgment!Court : Chennai
..... the writ petition filed by the appellant was dismissed by the high court, while setting aside the said judgement, the supreme court has directed the state government to pay compensation of rs.50,000/- with interest to the appellant, however with a direction that the state government can recover the said amount from appropriate authority, since the authority ..... the accident occurred due to natural calamity, act of god and that no liability can be fastened on the corporation to pay compensation, the writ court, has considered the statutory duty enjoined on the corporation of chennai in terms of section 259 of the chennai city municipal corporation act, 1919, which mandates the corporation to ..... as no action was taken for seven months, the second respondent has filed writ petition no.20081/2007, through his guardian, for a writ of mandamus directing the appellant corporation to pay a sum of rs.15,00,000/- as compensation, for the death of father of the second respondent mr.c.krishnamurthy, ..... side of the road whereon persons lawfully pass by, extends to guarding against what may happen just by the side of the premises on account ..... sir percy winfield in his book "province of the law of tort", has explained tort as follows: "tortuous liability arises from the breach of a duty primarily fixed by law; this ..... " the public law proceedings serve a different purpose than the ..... to the family of a person, who was shot dead by the security warden of madurai central prison. ..... continued till next day morning. .....
Tag this Judgment!Court : Chennai
..... true account and to pay to the plaintiff a sum equivalent to the profits earned by the defendant through the sale of the said offending goods in the alternative to pay to the plaintiff such sum as this court may determine by way of damages for the passing off committed by the defendant; directing the defendant to surrender to the plaintiff for destruction all product cartons and labels, literature, promotional material etc. ..... case of infringement of trade mark or copyright concerned by section 134(2) of the trade mark act or section 62(2) of the copyright act, the question of plaintiff taking prior leave under clause 12 of the letters patent does not arise and the plaintiff need not take leave of the court under clause 12 of the letters patent even if only a part of the cause of action or no part of the cause of action arose within the jurisdiction of this court, if the plaintiff ordinarily resides or carries on business ..... on the reverse of the carton, the positioning of the words, the colour scheme against which they are set against are almost identical, where the appellant carton's words the respondent's carton is and where the appellant's carton has the words the respondent's carton has the words and ..... (air 1961 mad 111), it is impossible to lay down any rule which could serve as a test of what constitutes a copy or colourable imitation. ..... the central figure of the god is different ..... the next question is whether there has been an infringement of the copyright which the plaintiff had .....
Tag this Judgment!Court : Chennai
..... section (1) of section 20 of the act, the need for providing educational facilities to the people in the locality contemplated under sub-clause (i) of clause (a) of sub-section (3) of section 20 of the act, shall be subject to the policy decision, if any, taken by the state government in that regard in exercise of its power under section 18 of the act ..... , dated 28.1.2015 issued by the second respondent, to quash the same and forbear the first respondent from interfering with the petitioner's right to process its affiliation through the second respondent to commence the law course in saraswathi law college at tindivanam in terms of the no objection certificate issued by the first respondent ..... the exercise of legislative power and it is the duty of the constitutional court to protect the constitutional rights of the citizens against any encroachment, as it is often said, smaller inroad may lead to larger ..... supply of the adequate labour for agricultural purposes in bidi manufacturing areas of the province and it could well be achieved by legislation restraining the employment of agricultural labour ..... the director of legal studies has been carefully examined with reference to the population which the existing law colleges serve and the need for an additional law college in the proposed location, the area where the institution facilities ..... expanse of any of the sub-clauses of clause (1), then the next question to be asked would be, whether the impugned law imposes a ..... two central criteria .....
Tag this Judgment!Court : Chennai
..... petition under section 25 of the tamil nadu buildings (lease and rent control) act 18 of 1980 as amended by act 23 of 1973 and act 1 of 1980 against the fair and decreetal order passed in r.c.a.no.260 of 2015 dated 21.03.2016 on the file of the vii judge, court of small causes, chennai reversing the fair and decreetal order made in r.c.o.p.no.1083 of 2009 on the file of the xvi judge, court of small ..... in suit primarily on two grounds-(i) that he had in the first instance claimed that he required the promises for his residence and after the suit was remanded to the trial court, he set up the plea that the premises were required for business purposes and abandoned his earlier case, and (ii) that the nature and extent of that business carried on by ..... may have apparent impact but is intended to achieve a design or a purpose, then such a motivated process certainly would lack bonafides in the ordinary dictionary meaning of the term. ..... it is also seen that the corporation has served notice on the respondent that the building is in dilapidated condition and it has to be demolished as otherwise ..... the next question would be - whether order xxiii rule 1 sub-rule (4) cpc is applicable to the facts of the present case, sub-rule (4) reads thus: (4) where the plaintiff: (a) abandons any suit or part of claim under sub-rule(1) or (b) withdraws from a suit or part of a claim without the permission referred to in sub-rule (3) he shall be liable for such costs as the court may award and shall be ..... next .....
Tag this Judgment!Court : Chennai
..... and further, at the time of receiving the money, the respondent/accused gave a cheque to the appellant which runs contra to ex.p1 cheque dated 06.11.2002 and also, this court by considering the overall assessment of the entire facts and circumstances of the instant case in a conspectus fashion comes to an irresistible conclusion that the appellant/complainant had not established ..... cheque belongs to him and further admitted that the signature in the cheque was that of his and that he had issued the cheque to bellan for the loan taken by him, yet this court is of the considered view that the evidence of d.w.1 in this regard is to be read as a whole/entirety and not in a piece meal fashion because of the reason that the ..... drunken state and in an imbalanced state, he executed the document in favour of the said bellan and that his father had filed a case in o.s.no.70 of 2004 on the file of the district munsif court, kothagiri (in regard to the sale deed executed by him) and except the signature found in ex.p1, the other details were not written by him and the present case was filed by the said bellan through ..... a presumption under section 118 (a) of the negotiable instruments act is against the maker or drawer or endorser and not a presumption ..... appellant/complainant is that the respondent/accused had issued him a cheque bearing no.002962 dated 06.11.2002 for rs.3 lakhs drawn at central bank of india on the account maintained by him in the said bank in discharge of his liability to him. .....
Tag this Judgment!Court : Chennai
..... taking note of the statutory provisions, section 22(3) of the administrative tribunals act, 1985, which confers the tribunal, the same powers vested on the civil court, under order xlvii rule 1 cpc, the tribunal, held that there is no error apparent on the face of the record in dismissing o.a.no.310/00005/2014 and, vide order dated 8.1.2016, the central administrative tribunal, madras bench, has dismissed ..... order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a court of small causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when ..... is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of rule 20 of the ccs (conduct) rules, 1964, which are applicable to corporation employee by virtue of regulation 23 of the ..... province of a court ..... central civil services (conduct) rules, 1964 under which no employee shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the government ..... process of reasoning, it cannot be treated as an error apparent on the face of the record for the purpose of order 47 rule 1 cpc or section 22(3)(f) of the act .....
Tag this Judgment!Court : Chennai
..... 15-09-2011 and the same reads as follows: "whereas the management of m/s.axles india limited, sriperumpudur has requested the government to transfer the approval petitions nos.4 of 2007 to 12 of 2007 in i.d.no.34/2005 pending before the first additional labour court, chennai to industrial tribunal, chennai, where i.d.no.34/2004 and i.d.no.22/2005 filed by axles india workers union under section 33-a of the industrial disputes act, 1947 (central act xiv of 1947) are pending for adjudication. ..... whereas the commissioner of labour, chennai has recommended to transfer the proceedings under section 33(2)(b) of the said act pending before the first additional labour court, chennai to industrial tribunal, chennai in exercise of the powers vested with the government under section 33-b of the said act, citing the observation of industrial tribunal, chennai in its order, dated 12.10.2009 in complaint nos.6 to 14 of 2007 that approval application of the management ought to have been ..... the proviso to section 33(2)(b) affords protection to a workman to safeguard his interest and it is a shield against victimization and unfair labour practice by the employer during the pendency of industrial dispute ..... be such that it should advance the legislative intent and serve the purpose for which it is made rather than to ..... against the order dated 20-10-2011 passed in w.p.no.23864 of 2011 by the learned single judge of this court ..... clause 15 of the letters patent against the order dated 20-10-2011 in w.p.no.23864 .....
Tag this Judgment!Court : Chennai
..... proceedings shows that while entertaining the appeal, this court has framed the following substantial question of law, whether the tribunal finding that under section 125 of the customs act, 1962, the appellant ought to have been given the option of redemption against payment of fine, when section 125(1) of the act, also incorporated a word, may pertaining prohibited goods ..... laws which are applicable to similar goods produced or manufactured in india; (t) prevention of dissemination of documents containing any matter which is likely to prejudicially affect friendly relations with any foreign state or is derogatory to national prestige; (u) prevention of the contravention of any law for the time being in force; and (v) other purpose conducive to the ..... gazette, specify the goods or class of goods which shall, as soon as may be after its seizure under sub-section (1), be disposed of by the proper officer in such manner as the central government may, from time to time, determine after following the procedure hereinafter specified. ..... officer has reason to believe that any goods are liable to confiscation under this act, he may seize such goods: provided that where it is not practicable to seize any such goods, the proper officer may serve on the owner of the goods an order that he shall not remove, part ..... court is of view that only after the completion of adjudication process, the adjudicating authority would decide whether the goods confiscated under section 111(d) and 111(1) of the customs act .....
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