Court : Chennai
Reported in : (2007)2MLJ791
..... licence to a private market for the year 2005-2006 and its renewal in 2006-2007.35. the tamil nadu panchayats act, 1994, itself was enacted with a view to establish a three tire panchayat raj system in keeping with the constitution (73rd amendment) act, 1992, relating to panchayats, for greater participation of the people so as to ..... inasmuch as the damage, if any, suffered thereby was damnum sine injuria-damage without infringement of legal right. in our opinion, this will only result in promoting competition among the traders, which is good for the consumers. merely because some of the customers may switch over to the rival retail outlet does not mean that public ..... interest will suffer rather, in our opinion, it will benefit the consumers because, when there is competition, the businessmen are compelled to provide better quality products at reasonable rates.therefore, the writ petitions w.p. nos. 13180 of 2006 and 24382 of 2006 are .....
Tag this Judgment!Court : Chennai
Reported in : (1980)17CTR(Mad)301; [1980]124ITR85(Mad)
..... v. r.m.d. chamarbaugwala [1957] 2 mlj (sc) 87 was concerned with the validity of the bombay lotteries and prize competitions control and tax act (liv of 1948) as amended by act xxx of 1952. the question was, whether the act fell within entry 34, list ii, viz., ' gambling '. it is unnecessary for our present purpose to go into the details ..... races......and other games of any sort......' in order to get a proper background of this provision, it would be necessary to refer to the other amendments made to the act. section 4 of the finance act, 1972, substituted clause (3) of section 10 in the place of old clause (3). the new provision, in so far as it is material ..... ' black ' money into 'white' by ascribing income which would normally be taxable to winnings from lotteries, races, card games, etc. the bill seeks to make the following amendments to the income-tax act with a view to withdrawing the exemption currently available in respect of casual and non-recurring receipts. '23. prior to this .....
Tag this Judgment!Court : Chennai
Reported in : (1997)IILLJ1118Mad
..... adequately represented in the services under the state. clause (4a) may be noticed in the pnt context. the said clause (4a) was inserted by the constitution (77th amendment) act, 1995 with effect from june 17, 1995 and the said clause (4a) enables the state in making any provision for reservation in matters of promotion to any class ..... and tribes at 18% and 2% respectively in all services or posts to he filled in by promotion through process of selection either by direct recruitment or by competitive examination or limited departmental examinations. the said percentage has been increased to 21 % for dalits and retained at 2 % for the tribes under the u.p. services ..... but consistent with the general reservation policy of the government of india and serves to ensure the vacancies reserved for sc/ sts to them, even though in competition with open category candidates they may lage behind. 'me supreme court rejected the said argument and held that they are unable to agree with the learned counsel .....
Tag this Judgment!Court : Chennai
Reported in : [2004]120CompCas510(Mad); (2004)2CompLJ274(Mad); 2004(2)CTC561; [2004]52SCL79(Mad)
..... similar terms of five years is provided for persons appointed as members of the consumer forums under the consumer protection act, 1986.67. it is only in the companies (amendment) act, 2002 and in the competition act, both enactments being of the year 2002, the term of office is specified as three years, even after ..... jurisdiction now excercised by the high courts or the company law board.124. petitioners have also challenged the validity of certain provisions of the companies (amendment) act, 2002, whereby certain powers currently exercised by the company law board, some of which were earlier exercised by the court, were transferred to the ..... association, which is perhaps, the oldest bar association in the country, has, in this petition, questioned the constitutional validity of the amendment effected to the companies act by companies (second amendment) act, 2002 whereby provision is made for setting up of a national company law tribunal (tribunal) as also a national company law appellate .....
Tag this Judgment!Court : Chennai
Reported in : (1992)IIMLJ168
..... : 'this court in state of bombay v. r. m. d. chamarbagwala, : [1957]1scr874 , upheld the validity of the bombay lotteries and prize competitions control and tax (amendment) act (bombay act xxx of 1952). one of the questions raised was whether gambling was business or trade or commerce within the meaning of article 19(1)(g) of the constitution ..... the right of bare management of an educational institution does not amount to infringement of right to property under article 19(1)(g) as it existed before amendment act incidentally said : 'the word 'property' in article 19(1)(g)(f) must doubtless be extended to all those recognised types of interest which have the ..... bench was dealing with some provisions of the bombay lotteries and prize competitions control and tax act and was mainly concerned with the definition of 'prize competition' in the said act which was sandwitched in between gambling on the one hand and announcement of prize competition on the other hand. we are also aware of the other .....
Tag this Judgment!Court : Chennai
Reported in : [1974]97ITR310(Mad)
..... and indian cases on this aspect. that case concerned with the interpretation of the criminal law amendment act as amended in madras. the act was amended by the madras act 11 of 1950 which came into force on august 15, 1950. section 16 of the act as it originally stood expressly empowered the provincial government by notification in the official gazette to ..... an unlawful association as an association declared to be unlawful by the provincial government under the powers conferred by the act. section 3 of the madras amending act 11 of 1950 deleted section 16 and section 2 substituted for section 15(2) a new sub-clause (b). the new sub-clause (b) to ..... v. chamarbaugwalla, a.i.r. 1949 bom. 109 while considering section 4 of the bombay prize competition tax act, it was held that when the section required that prize competition shall not be conducted unless a licence in respect of such a competition has been obtained by the promoter thereof from the collector, it carried with it also the implied .....
Tag this Judgment!Court : Chennai
Reported in : AIR2002Mad220; (2002)1MLJ391
..... the rival submissions. 7. before considering the rival contentions, it is useful to refer the relevant provisions of the textiles committee act, 1963 (act no. 41 of 1963) (hereinafter referred to an 'the act') and the amendment act 51 of 1973 as well as the textile committee (cess) rules, 1975 (hereinafter referred to as 'the rules'). the ..... trade circles, both in india and abroad. 2. in recent years, however, conditions in the textiles industry have changed. indian cloth is facing every increasing competition in the international markets from other exporting countries like japan, china etc. the mill owner's association and the manufacturers of textile machinery in india have ..... yarn and nylon yarn from the purview of the definition of textiles in section 2(g) prior to its amendment particularly when synthetic fibres have a world market and india has entered into a competitive international trade in all textiles in a large way. in the very same decision. their lordships have also upheld .....
Tag this Judgment!Court : Chennai
Reported in : (1977)ILLJ351Mad
..... that regulation empowered the director general of the corporation to prescribe from time to time the general procedure to be followed for recruitment and for holding competitive tests and interviews. it appears to have been argued before the learned judge on behalf of the appellant that the director general had authority to ..... he maintained was that, at the material time, the regulations did not contain any such provisions. mr. sankaran pointed out, by way of contrast, the amendments subsequently introduced in the regulations. regulation 29(2) introduced in 1975 provided, for a first time, that in regard to promotions by selection on merit, ..... .19. the 'select list' should be periodically reviewed.20. the respondent's contention before the learned judge was that, the departmental promotion committee had not acted within its jurisdiction when it felt bound to follow, and admittedly followed, the home ministry's memorandum regarding the classification of the candidates as 'outstanding', 'very .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad519
..... shall be authenticated by the signature and official seal of the magistrate before whom the said declaration was made. the proviso to that section introduced by the amending act states"provided that where any declaration is made and subscribed under section 5 in respect of a newspaper the declaration shall not, save in the case ..... matter of scrutiny by the press commission, and as a result of their recommendations certain amendments were introduced in the act under act lv of 195s. section 5 was amended by introducing certain new provisions. sub-section (5) introduced by the amending act is as follows:"every declaration made in respect of a newspaper shall be void where the ..... if there existed already a newspaper of that name either in the same language or in the same state. it was evidently intended to prevent unfair competition between two newspapers published by different persons under the same name and title. the proviso would have the effect of protecting an existing newspaper in regard .....
Tag this Judgment!Court : Chennai
Reported in : (1959)2MLJ314
..... shall be authenticated by the signature and official seal of the magistrate before whom the said declaration was made. the proviso to that section introduced by the amending act states:provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case ..... matter of scrutiny by the press commission, and as a result of their recommendations certain amendments were introduced in the act under act lv of 1955. section 5 was amended by introducing certain new provisions. sub-section (5) introduced by the amending act is as follows:every declaration made in respect of a newspaper shall be void where the ..... if there existed already a newspaper of that name either in the same language or in the same state. it was evidently intended to prevent unfair competition between two newspapers published by different persons under the same name and title. the proviso would have the effect of protecting an existing newspaper in regard .....
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