Court : Chennai Madurai
..... the high court the plaintiff had not claimed possession of the suit land. the high court has rightly pointed out that even if the plaintiff had sought amendment of the pleadings in the pending matter and claimed decree for possession, the legal position would have been different he having not done so, he should have ..... documents be consent, the court is not obliged to look into the contents unless those documents are formally proved in accordance with the provisions of the indian evidence act ?. (underlined supplied). we think, with respect to the learned judge, the above proposition is too wide and needs modification. the correct position as found by ..... of the appellant cannot be construed as proved documents. 18. with regard to the contention of ancient documents, the language of section 90 of indian evidence act clearly indicates that the production of the particular document may be necessary for applying statutory presumption. if the document produced was a copy admitted under section 65 .....
Tag this Judgment!Court : Chennai Madurai
..... to a case registered in crime no.194 of 2016 in respect of offences under sections 147, 148, 307, 302 and 109 ipc and sections 3(2)(va) of poa amendment act, 2015. 3a. the petitioner's husband is aged 49 years. on complaint of chest pain, breathlessness and palpitation, he was admitted in the prison hospital, trichy and later, he was ..... as per the detention order dated 12.05.2016 of the district collector. on this ground also, it is urged that when the petitioner's husband is detained under goondas act, he should not be permitted to be treated in a private hospital, especially when there is quality medical treatment available at the government hospital. 10. prisoner is also a human .....
Tag this Judgment!Court : Chennai Madurai
..... juveniles, under sections 147, 148, 294(b), 355, 323 and 506(ii) ipc read with sections 3(1)(x) of scheduled castes and scheduled tribes (prevention of atrocities), amendment act, 2015. 2. heard the learned counsel for the petitioners and the learned government advocate (crl. side) for the respondents. 3. when a specific question was posed as to ..... the minor to stay in observation home which the petitioners want to avoid. under such circumstances, this application for direction is taken up. 4. section 12 of the act, dealing with grant of bail to juvenile, is extracted hereunder for instant reference: 12.bail to a person who is apparently a child alleged to be in conflict ..... juvenile justice board is to place the juvenile under the supervision of a probation officer. 6. bail can be refused under the proviso to section 12 of the act, only if the release is likely to bring the juveniles into the association with any known criminal or expose him to moral, physical or psychological danger or that .....
Tag this Judgment!Court : Chennai Madurai
..... for to set aside the alienation, the suit for declaration of title and for recovery of possession is not maintainable. it is not in dispute that the indian majority act, as amended would clearly show that minority of the person continues only such time he attains the age of 18. it is not in dispute that the plaintiff was a minor and ..... is maintainable and decreed the suit. one of the issues that was raised by the defendant is that the suit is also barred by limitation. strangely though the indian majority act, was amended and as per the amendment, a person will be a minor only till he attains the age of 18 years, without taking into consideration the ..... amendment to the indian majority act, 1875 found that the age of majority for the purpose of guardians and wards act, will be 21. hence, the suit was decreed by the trial court as prayed for. 3.6. aggrieved by the same, the defendant .....
Tag this Judgment!Court : Chennai Madurai
..... the special rules as per the law shall prevail over the general rules. contending further he submitted that when the 2009 rules bringing forth a part of amendment to the 1987 rules by making one more category of officer, namely, the development officer also eligible for promotion to the post of assistant administrative officer, ..... exercise of the powers conferred by sub-section (1) read with clause (cc) of subsection (2) of section 48 of the life insurance corporation of india act, 1956 making the life insurance corporation of india development officers (revision of certain terms and conditions of service) rules, 2009, more particularly rule 8 dealing with ..... in exercise of the powers conferred by sub-section (1) read with clause (cc) of sub-section (2) of section 48 of the life insurance corporation act, 1956 making the rules regulating certain terms and conditions of service relating to business performance of development officers of the life insurance corporation of india. as rule .....
Tag this Judgment!Court : Chennai Madurai
..... offences. as regards the completion of section 364-a is concerned, something more is required for that offence. section 364-a was introduced in ipc by the criminal amendment act (42 of 1993) which came into effect from 22-5-1993 because of the increasing number of cases where the victim is abducted and a demand for money ..... for trafficking children from within india and adjoining countries. . three to five lakh girl children in commercial sex and organized prostitution. background of study on child abuse 2007 according to the researchers the only data on child abuse in india that are rather trustworthy are the data of the national crime records bureau (ncrb), the numbers ..... question has been gone into by this court on more than one occasion. similarly, the hon'ble supreme court in vishwanath gupta vs. state of uttranchal reported in 2007 air scw 2184 held that when the offence is committed in various places, all the courts of those places have jurisdiction to try the offences. paragraph-8 of .....
Tag this Judgment!Court : Chennai Madurai
..... to proceed with the matter on account of the amendment to the arbitration and conciliation act 1996 which came into force on 27.10.2015. therefore, it is in appropriate on the part of the respondents to proceed with the ..... postponed to 29.8.16 to sort out the various aspects to proceed with the arbitration. 4. according to the petitioner, as per the amendment to the arbitration and conciliation act 1996, the third respondent cannot be appointed as an arbitrator. he would further submit that the sole administrator nominated by the first respondent under the ..... to decide the dispute between the parties. since the third respondent being the employee of the railway, he is ineligible to act as an arbitrator subsequent to the amendment to the arbitration and conciliation act 1996. in the above circumstances, on 29.08.2010, the petitioner submitted before the third respondent that he has no jurisdiction .....
Tag this Judgment!Court : Chennai Madurai
..... in the matter of initiation of matrimonial proceedings. the report submitted by the law commission as well as national commission for women, underlying the need for such amendment so as to enable the women to approach the nearest jurisdictional court to redress their matrimonial grievances, were also taken note of by the government. therefore such ..... of madras high court, has observed as below:- ''18.it is true that section 19 of the hindu marriage act, has been amended by insertion of proviso of (iii)(a) to section 19. of course, this amended section 19(iii)(a) gives special preference to the wife to file a petition or defending the case of the ..... the petitioner and the respondent was strained and they were separated. subsequently, the petitioner/wife filed hmop.no.12 of 2015, under section 9 of the hindu marriage act, 1955, before the additional sub court, tirunelveli, seeking the relief of restitution of conjugal rights against the respondent. the said case was adjourned for enquiry and .....
Tag this Judgment!Court : Chennai Madurai
..... appearing for the appellant/writ petitioner has drawn the attention of this court to pre-amended provision of section 22(4) of the tamil nadu value added tax act, 2006 and would submit that the said provision was substituted by tamil nadu act 23 of 2012 with effect from 19.06.2012 and prior to substitution it reads ..... dealer shall be given a reasonable opportunity of being heard. 4. it is the submission of the learned counsel for the appellant/writ petitioner that after the amendment, the said provision has been given a go by and would further submit that the office of the principal secretary, commissioner of commercial taxes has issued a ..... 3589/2014, dated 03.02.2014, issued by the office of the principal secretary, commissioner of commercial taxes, chepauk, chennai: b) revision of assessment under the tnvat act, 2006, the assessing officers usually issue orders to reverse the itc on obvious reasons. during the current financial year, the assessing officer may issue notice to reverse the .....
Tag this Judgment!Court : Chennai Madurai
..... tender by issuing fresh notification. 2. the case of the petitioner is as follows:- the first respondent issued tender notice, dated 31.07.2015, inviting competitive bidders to participate in the tender process in respect of execution of six works at radhapuram union, tirunelveli district. the notification stipulates e-tender process and the ..... , the decision reported in 2009-5 l.w. 858 (consolidated construction consortium ltd., vs. tidel park coimbatore ltd., and another) and the decision reported in (2007)14 scc 517 (jagdish mandal vs. state of orissa). 7. per contra, the learned government advocate appearing for the first respondent contended that in all the places ..... therefore, he is eligible to participate in the tender. the second respondent also furnished experience certificate. as per section 11 of the tamil nadu transparency in tenders act, 1998, the petitioner has to file an appeal before the government within 10 days from the date of the order, if he has any grievance. therefore, .....
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