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Chennai Fire Works Dealers Welfare Association Vs. Tamil Nadu Tourism ...

Court : Chennai

..... the first bench of this court vide common order dated 20.10.2008, has disposed of the writ petition as well as the contempt petition by directing the commissioner of police, greater chennai city, to strictly adhere to all the rules and regulations under the explosives act as amended from time to time, and to ensure other safety measures as suggested by this court in its earlier orders dated 4.10.2007 and 24.10.2007, while granting temporary licences for storage and sale of fire crackers. 8.mr. ..... 6.it is stated by the petitioners that mr.k.r.ramaswamy alias traffic ramaswamy filed w.p.no.38180/2005 against the chief controller of explosives, director of fire services, commissioner of police, greater chennai city, commissioner of chennai corporation and chennai fire works dealers' welfare association-petitioner in w.p.no.25870/2013, praying for the issuance of a writ of mandamus directing the official respondents therein to reconsider the grant of licences for storing and selling crackers in the above ..... a single bench of this court has disposed of the said writ petitions vide common order dated 11.10.2011, by granting liberty to the individual members of the petitioners' association to apply before the commissioner of police, chennai city for grant of temporary licence to run a fire cracker shop and directed the said official to inspect the same and issue temporary licence within a stipulated timeframe. .....

J.Alex Ponseelan Vs. 1.The Director General of Police,

Court : Chennai

..... it is an admitted fact that in g.o.ms.no.101, human (police-ix) department, dated 30.01.2003, the government of tamil nadu introduced an amendment to tamil nadu special police subordinate service rules, 1978 in exercise of the powers conferred under the tamil nadu district police act, 1859 and section 9 of the chennai city police act read with the proviso to article 309 of the constitution of ..... state of tamil nadu, rep.by its secretary to government, home (pol ix) department, chennai and others - (2007) 3 mlj676 the hon'ble single judge of this court has upheld constitutional validity of explanation (1) of ..... that the decisions rendered by this court in manikandan's case, on rule 14(b)(iv) and its explanations, has been challenged in special leave to appeal (civil) nos.4679 - 4681 of 2009, in so far as w.p.nos.5525, 6260 and 7832 of 2007 before the hon'ble apex court and the same have been dismissed in limine by way of saying that there is no merit.60. ..... covered by the full bench decision, against which, special leave to appeal (civil) nos.4679 - 4681 of 2009, in so far as w.p.nos.5525, 6260 and 7832 of 2007 filed, have been dismissed on 23.03.2012 holding as follows: ".no ground is made out for our interference with the impugned judgment. ..... down in manikandan's case has been challenged in special leave to appeal (civil) nos.4679 - 4681 of 2009, in so far as w.p.nos.5525, 6260 and 7832 of 2007 before the hon'ble apex court and the same have been dismissed, since there is no merit. .....

Present: Mr. Jitender Kumar Advocate for Vs. Resurgence India ...Petit ...

Court : Punjab and Haryana

..... it is significant also to reproduce the objects and reasons for the introduction of this section which is quoted below: the statement of objects and reasons for the amendment act state that: as of today in chennai as well as in other metropolitan cities of india many aberrations in the urban development are noticed. ..... municipal bodies in punjab in allowing massive violations of building bye-laws, land use policy, town planning schemes and building schemes in punjab that have allegedly taken place cwp no.4099 of 2004 [2].cwp no.6026 of 2007 ***** over more than a decade and to fix responsibility of the municipal and other officials including the supervisory authorities who allowed these violations to occur. ..... governot in exercise of its power under this clause (cc) made application, assessment and collection of regularisation fees (chennai metropolitan rural area) rules, 1999 which prescribe the rates of regularisation cwp no.4099 of 2004 [5].cwp no.6026 of 2007 ***** fees with respect to the various violation if one seeks to regularize it under section 113-a. ..... there is any provision to make illegal construction valid on ground of limitation, then it cwp no.4099 of 2004 [ 11 ].cwp no.6026 of 2007 ***** must mean statutory authority in spite of knowledge has not taken any action. ..... upon the issue of the order under sub- cwp no.4099 of 2004 [4].cwp no.6026 of 2007 ***** section (1).permission shall be deemed to have been granted under this act for such development of land or building. .....

M/S.Latif Estate Line India Ltd. Vs. Mrs. Hadeeja Ammal and ors.

Court : Chennai

Reported in : AIR2011Mad66(FB)

..... amendment so inserted by the state of tamil nadu vide section 22-a of the tamil nadu (amendment) act was also challenged before this court in the case of captain dr.r.bellie vs the sub-registrar reported in 2007 ..... and (iii) whether the decisions of the single judge dated 10.2.2009 made in w.p.no.8567 of 2008 and the division bench dated 1.4.2009 made in w.a.no.194 of 2009 amount to amending the provisions of the registration act and the rules framed thereunder, by inserting a clause for extinguishing right, title or interest of a person on an immovable property of value more than rs.100/- in a manner not prescribed ..... hereditary trustees appointed to any religious institution under a scheme settled or deemed to have been settled under the provisions of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act 22 of 1959) and mutts and temples including specific endowments attached to such of those temples managed by mutts; or iii) conveyance of properties assigned to or held by a) the tamil nadu state ..... any instrument relating to i) conveyance of properties belonging to the government or the local bodies such as the chennai metropolitan development authority or corporations, or municipalities, or town panchayats, or panchayat unions or village panchayats; or ii) conveyance of properties belonging to any religious institutions including temples, mutts, or specific endowments managed by the hereditary trustees/non ..... city ..... city .....

Sadashiv Sakharam Patil and ors. Vs. Chandrakant Gopal Desale and ors.

Court : Mumbai

..... it is his contention that only on and from 9th september 2005 on which date the amendment act 39 of 2005 came into force that the daughter who was then living would become a coparcener ..... if such interpretation is not given the words "on" and "from" "the commencement of the hindu succession (amendment) act, 2005" would lose their significance all together and would be rendered otiose. ..... 13.this is the case where the daughters had already expired prior to the coming into force of the amendment act and prior to any litigation, her son having filed the suit himself. ..... - (1) on and from the commencement of the hindu succession (amendment) act, 2005, in a joint hindu family governed by the mitakshara law, the daughter of a coparcener shall, - (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenery property as ..... it is observed that in other words as soon as the amending act came into force the daughter of the coparcener becomes, by birth, a coparcener in her own right in the same manner as the son ..... are concerned with only the aspect of the applicability of the amendment act on the date the succession opened. ..... the case that they are ancestral properties, the heirs claim that muktabai was a coparcener under section 6 of the hindu succession act 1956 as amended by the hindu succession (amendment) act 39 of 2005. ..... ilr 2007 kar 4790 the first three words of the aforesaid section came to be considered and interpreted in paragraph 24 .....

J.Alex Ponseelan Vs. 1.The Director General of Police,

Court : Chennai

..... home (police ix) department, dated 30.01.2003, thereby amending the ".tamil nadu special police subordinate service rules, 1978".this was done in exercise of the powers conferred under the tamil nadu district police act, 1859 and section 9 of the chennai city police act read with ..... of the learned single judge that the decision of the full bench in manikandan's case is in conflict with the law laid down, subsequently, by the hon'ble supreme court in commissioner of police and others versus sandeep kumar - (2011) 4 mlj1006(sc).the learned single judge has further held that it will be totally arbitrary and unfair to deny appointment to a young man who has been ..... the judgments in jainendra singh versus state of u.p.and others - 2012 (5) supreme 215; commissioner of police and others versus sandeep kumar - (2011) 4 mlj1006(sc).kendriya vidyalaya sangathan and others versus ram ratan yadav - (2003) 3 scc437 ram kumar versus state of u.p.and others - 2011 ..... was cited before yet another learned single judge of this court (hon'ble mr.justice vinod k.sharma) in a batch of writ petitions in m.vijaya baskar versus the superintendent of police, dharmapuri and another - cdj2013mhc1921 his lordship had an occasion to consider the above full bench judgment and also various subsequent judgments of the hon'ble supreme court, more particularly ..... (pol.ix) department, chennai and others - [2007 (3) mlj676. .....

Nagendra Mani N. Vs. State of Kerala

Court : Kerala

..... . in the light of the above decision, the learned single judge is justified in rejecting the contention that the amendment to section 2(e) of the mvt act with retrospective effect as per the finance act, 2014 is intended to defeat the judgment passed in fathima shirin's case and thereby it is illegal and unsustainable.12 ..... going by the averments in the writ petitions, it is seen that all the writ petitioners lost sight of the amendment brought about to the definition of 'purchase value' under section 2(e) by the kerala finance act, 2014 with retrospective effect from 01/04/2007, subsequent to the interpretation given to 'purchase value' in fathima shirin's case. ..... . we are also endorsing the views of the learned single judge that amendment brought about to the term 'purchase value' under section 2(e) of the mvt act as per the kerala finance act 2014 is only 'clarificatory in nature', as nothing new was introduced or declared or declared illegal or invalid ..... . as we noticed above, subsequent to the above decision giving a restrictive meaning to 'purchase value' defined under section 2(e) of the mvt act, by the amendment brought about the said section, as per the kerala finance act, 2014, the legislature had added more components to the purchase value, with retrospective effect from 01/04/2007 ..... . in short, the amended section 2(e) of the mvt act shall be deemed to be in existence from 01/04/2007 .....

Dr. M. Vinobaji Vs. Central Registrar of Co-op. Societies and ors.

Court : Chennai

Reported in : (2007)3MLJ708

..... the purpose and object of the 2002 act have been mentioned in the preamble portion of the said act, which reads as follows:an act to consolidate and amend the law relating to co-operative societies, with objects not confined to one state and serving the interests of members in more than one state, to facilitate the voluntary formation and democratic functioning of co-operatives as people's ..... (f) the commissioner of police, chennai, is hereby directed to render all necessary assistance including personal security to the court commissioner and also provide enough police bandobust as requested by the court commissioner in the conduct of ..... 6326 of 2007 in the name of impcops represented by him, seeking for permission to give police protection for himself and the other board of directors to attend the meeting fixed on 21.02.2007 and other subsequent ..... when that writ petition came up for admission on 22.02.2007, notice was taken by all the respondents and the learned judge passed the order directing the writ petition to be posted along with the above batch of ..... 703 of 1999, 704 of 1999 and 820 of 2007, were filed by three different petitioners seeking to quash the certificate of registration of the amendment to the bye-laws dated 14.01.1993 as well as to set aside the election notification dated ..... appeal was admitted, interim stay application was dismissed by an order dated 02.3.2007 by the delhi high court. ..... high court passed a final order on 23.01.2007 allowing the application filed by dr. .....

Pune Municipal Corp.and anr. Vs. Kausarbag Coop.Hsng Soc.Ltd.and anr.

Court : Supreme Court of India

..... it is further submitted that the government order dated 03.02.2007 purports to amend the dcr which cannot be so done without following the procedure prescribed under section 37 of the mrtp act. ..... the concept of tdr was brought in by an amendment to the mrtp act in the year 1993 whereas the award for acquisition of the land of the respondent society was passed in the year 1987 and possession thereof was taken over on 21.2.1987. ..... the concept of tdr was introduced for the first time in the mrtp act in the year 1993 by an amendment of section 126(1)(a), (b) and (c) of the mrtp act. ..... dated 03.02.2007 is no way amends dcr no.2.4.17 as held by the high court; rather the said directions are merely clarificatory and were issued due to large scale deviations that have taken place in the matter of grant of tdr. ..... such an extension appears to be in consonance with the object behind the introduction of the concept of tdr by the amendment of the mrtp act of 1993. ..... dcr n-2.4.1(a) gives effect to the provisions of section 126(1)(a) and (b) brought in by the amendment to the mrtp act in 1993. ..... the government order dated 3.2.2007, though claimed to be clarificatory by the appellants, really, seeks to prohibit the grant of dcr under dcr n- 2.4.17 so far as lands in respect of which award under the land acquisition act had been passed or possession of which has been taken over. ..... government order dated 03.02.2007 maharashtra regional & town planning act, 1966 directive under section 154 about tdr. .....

Chola Turbo Machinery International Pvt. Ltd. Vs. Development Credit B ...

Court : Delhi

Reported in : III(2008)BC547; 149(2008)DLT313

..... if the approval of the line of credit by exim bank of india to buyer is delayed beyond six weeks then the effective date of the contract shall be amended accordingly.2.3 soil investigation report and topography survey report with drawings within four weeks of signing of contract.if the buyer delay is the above, the effective date automatically gets extended by equal time. ..... the development credit bank (first respondent referred to as 'the bank') issued a guarantee, dated 29-11-2007, containing, inter alia, the following terms:whereas the purchaser has entered into a contract dated 21-10-2007 with m/s chola turbo machinery international pvt. ..... , a company registered under the companies act, 1956 and having its registered office at 401, trade center 45/7, dickinson road, bangalore, india, (hereinafter referred as the 'seller' or 'supplier') for design, engineering, manufacturing, testing, supply, supervision of civil works, erection and commissioning of 2 x ..... , a company registered under the companies act, 1956 and having its registered office at 401, trade center 45/7, dickinson road, bangalore, india, (hereinafter referred as the 'seller' or 'supplier') for design, engineering, manufacturing, testing, supply, supervision of civil works, erection and commissioning of 2 x ..... in these circumstances, the purchaser acted within the bounds of commercial prudence in invoking the bank guarantees, on a fair construction of the ..... 15/2008, under section of the act, since the contract contained an .....