Court : Chennai
Reported in : [2005]126CompCas83(Mad); 2003CriLJ3468; [2005]63SCL248(Mad)
..... /accused under the fera, 1973, for which the respondents/accused are convicted, should be dealt with only under the provisions of the repealed act, fera, 1973, even though there is no provision for punishment in the replaced enactment, fema, 1999.14.8. the sheet anchor of the argument of the ..... that the offences committed by the respondents/accused, which are the subject matter in the above appeals, shall continue to be governed by the provisions of the repealed act, fera, 1973.14.7. mr. k. kumar, learned counsel for the appellant, therefore, strenuously contends that the offence said to have been committed by the respondents ..... purchased the gold and converted it as a kara. in this situation, bringing the gold without permission of the authority is in contravention of the customs duty act and also fera. when the petitioner seeks for cross-examination of the witnesses who have said that the recovery was made from the petitioner, necessarily an opportunity .....
Tag this Judgment!Court : Chennai
Reported in : (2002)2MLJ150
..... the plea of adverse possession raised by the appellants can be said to be bonafide. if it is not bonafide, it is open to the refere court to act upon the prima facie evidence produced by the respondents and direct the eviction of the appellants.' it is clear from this that the title was not in dispute ..... therefore in time. the following judgments were cited: (1) (3) : air1984mad122 (sendamarai ammal vs. vijaya rajagopal chettiar) to show that only the french civil code applies and not indian limitation act. for adverse possession, the following decisions were cited: (1) (ejas ali vs . spl. manager, court of wards), (2) : air1943all362 (lalit kishore vs. ram prasad), (3) 2001 ( ..... the value of the suit was only rs.10,800/-, the decree enhanced it. the following paragraph in the decree is relevant:' ... pondicherry court fees and suit valuation act 1972 and further valued at rs.35,900/- (rs.10,800 + 25,100) and additional court fee payable rs.1883/-.)'this is the crux of the preliminary issue. .....
Tag this Judgment!Court : Chennai
Reported in : 2002CriLJ3026
..... section 166a of code of criminal procedure, would, in strict sense, render the trial unfair and evidence inadmissible. if the court is seen to condone acts of lawlessness conducted by the investigating agency, the legitimacy of judicial process will fall under a cloud, undermine respect for the law and have the effect of ..... petitioners herein contend that the alleged accumulation of disproportionate wealth by the petitioners constituting an offence punishable under section 13(1)(e) of prevention of corruption act and the criminal conspiracy to commit the said offence, had taken place during the course of same transaction with reference to the same check period for ..... on the prosecution, there is a deliberate departure from the said ordinary principles of criminal jurisprudence in the case of offence punishable under the prevention of corruption act, wherein the burden on the prosecution to prove the guilt of the accused must be held to be discharged, if certain facts as mentioned therein are .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Reported in : (2004)91TTJ(Chennai)970
..... relevant sections are reproduced hereunder : "158ba. assessment of undisclosed income as a result of search(1) notwithstanding anything contained in any other provisions of this act, where after the 30-6-1995, a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section ..... of section 132 of the act. the background of the enactment indicated that the provisions that existed earlier of framing of summary assessments that required to be followed by regular assessments ..... the return for block assessment, the assessee has, however, showed only rs. 36. 10 lakhs as his undisclosed income." chapter xiv-b of the act has been enacted to speed up assessments on undisclosed income consequent to the search conducted and with reference to assets seized during search conducted within the meaning .....
Tag this Judgment!Court : Chennai
Reported in : (2001)IILLJ345Mad
..... only in south india, jewel loans are on the higher side. (3) it is the policy of the government to advance jewel loans to agriculturists. (4) after nationalisation, maximum loans are agricultural loans and 98 per cent of them are discharged. (5) the bank manager cannot value thejewel. (6) generally genuine gold and duplicate gold ..... the jewel appraisers were performing certain duties which would bring them within the definition of 'workmen' as defined under section 2(s) of the industrial disputes act. the said approach cannot also be found fault with, since the bank management resisted the claim of the union mainly and substantially on the sole ground that ..... various states other than tamil nadu and therefore, the dispute could be adjudicated upon only by a national tribunal constituted under section 7b of the industrial disputes act, that there being vast differences in respect of jewel appraisers employed by the indian bank and that of this bank management, the judgment relating to the .....
Tag this Judgment!Court : Chennai
Reported in : (2001)ILLJ1095Mad
..... local newspapers malai murasu and daily thanthi giving notice of closure. no retrenchment compensation was given to the workers as per the provisions of the industrial disputes act, during the conciliation proceedings, the union approached the hon'ble supreme court to implement various labour legislations. then a direction was given by the apex ..... society produced a certificate of registration issued by the assistant commissioner of labour, coimbatore in 1982 under s. 7 of the contract labour (regulation and abolition) act, 1970. the court vacated the interim orders, it was observed as follows:'these references pertain to the claim made by the society that it had been engaging ..... for long number of years, but they were not given permanent status; that their age is very low; that the number of benefits like provident fund, esi act, maternity benefit, bonus and drinking water and toilet facilities were not given to them that the workers were doing loading and unloading, . grading, packing and .....
Tag this Judgment!Court : Chennai
Reported in : (2000)IIILLJ908Mad
..... commandant and that he would see some action is taken against the respondent and threatened with serious consequences. according to the respondent, he was posted to eastern coal field, seethalpur, west bengal in february, 1986 on temporary duty and later transferred to madras to the office of the 3rd respondent, where he joined in ..... observed thus: 'in c.s. rowjee v. a.p state road transport corporation, : [1964]6scr330 , the court in a matter arising out of the motor vehicles act, 1939 where certain allegations against the minister went uncontroverted, had occasion to administer a word of caution. where mala fides are alleged, it is necessary that the person against ..... documents sought for by the respondent to prepare his case, has caused considerable prejudice and consequently, it has to be held that the appellants had not acted fairly. the learned judge also found that a long delay in initiating proceedings has also to the great disadvantage of the respondent and consequently, the writ .....
Tag this Judgment!Court : Chennai
Reported in : AIR2000Mad393
..... is only a reasonable exercise of power by the local body. the government has only the supervisory power. the government has the rule making power under the act and with aview to stream-line the procedure, the government issues administrative instructions and brings about amendments to the rules regarding leases and lincences. hence. it is ..... not a sovereign exercise, but it is like any other act of an ordinary individual and therefore, the municipality or to the public bodies cannot claim any higher right. he further contended that it is a normal commercial ..... is shown that they are singled out for different treatment, the petitioners can succeed in questioning the right of the municipality to auction out. tamil nadu panchayats act, under sections 147 and 154 deal with markets and halting places. section 220 deals with licenses.20. learned counsel for the petitioner submits that leasing out is .....
Tag this Judgment!Court : Chennai
Reported in : (2000)IILLJ1015Mad
..... discretionary powers conferred under section 11-a of the industrial disputes act or exceeded its jurisdiction in ordering reinstatement of the second respondent without back wages. needless to point out that the exercise of power in ordering ..... with the penalty inflicted by the petitioner against the second respondent, in exercise of the powers conferred under section 11-a of the industrial disputes act in the right earnest way. there is absolutely no room or reason to conclude that either the labour court has arbitrarily or unreasonably exercised its ..... the first respondent interfered with the penalty inflicted upon the second respondent in exercise of its discretionary powers conferred under section 11-a of industrial disputes act and moulded the relief from one of dismissal from service to reinstatement without back wages and aggrieved, the petitioner/management has come forward to file the .....
Tag this Judgment!Court : Chennai
Reported in : 1999(3)CTC72
..... then an adverse inference can bedrawn by the court against such party. in that judgment the hon'ble supreme court of india has held as follows:'(a) evidence act (1872), sections 114(g) and 103 - a party in possession of best evidence which would throw light on the issue in controversy withholding it - court ..... , who had not made good the 'alleged shortage'. the plaintiff was also informed that the licence issued to him under the rice mill industries (regulation) act would be cancelled unless the 'alleged shortage' is made good by him. the demand of the defendants was unjustifiable, arbitrary and illegal. however to avoid coercive ..... officers have been adopting various tactics to make the plaintiff comply with the 'unjustifiable demand'. the plaintiff was threatened with coercive proceedings under the revenue recovery act for meeting the said demand.on 11.1.1978 the third defendant issued a circular intimating all procuring agencies not to accept paddy towards levy from agents .....
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