Court : Chennai Madurai
..... in law or it suffers from any other legal infirmities. while considering the application for grant of permit, the authority functioning under the act need not go into the aspect as to whether there is competition in respect of the route involved, for, the apex court, in mithilesh garg and others vs. union of india and others (air ..... in the case before the supreme court exercised that power subsequent to august 18, 1975 on which date, the amendment came into force, it cannot be said that the selection made by him was illegal since the amending law had no retrospective effect, because, it did not have any effect on the proceeding which had commenced prior ..... be issued. 5. continuing his arguments, learned counsel would submit that the tribunal failed to consider the provision under section 99(2) of the motor vehicles act (newly inserted by act 54 of 1994 with effect from 14.11.1994) which states that notwithstanding anything contained in sub- section (1) of section 99, when a proposal is .....
Tag this Judgment!Court : Chennai Madurai
..... justice and constitutional development [2013] zacc 35, the constitutional court of south africa confirmed that provisions of the criminal law (sexual offences and related matters) amendment act, 2007, which criminalised consensual sexual conduct of adolescents above 12 years and below 16 years, were unconstitutional. the imposition of criminal liability on adolescents engaging in consensual sexual ..... penal code, 1860 (ipc), sexual intercourse by a man with his wife above 15 years of age, is an exception to rape. the criminal law amendment act, 2013 raised the age of consent to 18 years but did not disturb this exception. as a result, sexual intercourse with a wife above 15 years of ..... criminal justice system and the resulting trauma," said swagata raha, one of the authors of the study. 27. the protection of children from sexual offences act, 2012 (pocso act), defines a child to mean any person below the age of eighteen years and raised the age of consent from 16 years under the indian penal .....
Tag this Judgment!Court : Chennai Madurai
..... directed the second respondent therein to return the document with an endorsement as to the pendency of the proceedings under section 47-a of the indian stamp act, 1899, as amended by the tamil nadu amendment act, 2004, within a particular time and also passed further directions. the writ petitioner, aggrieved by the same, filed an appeal in w.a.no ..... writ petition. 8. against the said order dated 29.04.2016, the present writ appeal is filed. 9. during the pendency of the writ appeal, applications for amendment of prayer and to receive the additional grounds in the writ petition have been filed and the same were allowed by this court, by order dated 15.11.2016. ..... of the suggestion for fresh reference by the registering authority to the collector in the absence of any time limit prescribed, even as per the full bench judgment reported in 2007 (5) ctc 737 (cited supra) (para-34) by applying the concept of conscience and reasonableness, i have no hesitation to come to the conclusion that on the .....
Tag this Judgment!Court : Chennai Madurai
..... , kanyakumari district / 3rd respondent, to show that such promotion is contrary to regulation or bye-law or government orders. 14. though there is reference to an amended bye-law, which was introduced pursuant to the proceedings of the the joint registrar, co-operative societies, nagercoil, kanyakumari district / 3rd respondent, dated 25.02.1998 ..... . after election of executive committee members, by notice, dated 10.07.2013, the meeting of the elected executive committee members was scheduled on 15.07.2007, for the purpose of electing the president and vice-president of the co-operative bank. the appellant / writ petitioner was also one of the elected ..... co-operative societies, nagercoil, kanyakumari district / 3rd respondent, dated 11.07.2005 to hold enquiry under section 81 of the tamil nadu co-operative societies act. the report contains the statement obtained from several officers, including the appellant and the said henry thangam. the entire files relating to the promotion of the .....
Tag this Judgment!Court : Chennai Madurai
..... except by citing some representations / petitions filed by them in the year 2007 for withdrawal of acquisition and to re-transfer the lands in terms of section 48b of the land acquisition act, 1894 as amended by the land acquisition (tamil nadu amendment) act, 1996. when the request of the father of the appellants was rejected ..... respondents should be directed to return the lands to the appellants in terms of section 48b read with section 16b of land acquisition act, 1894 (as amended by the land acquisition tamil nadu amendment act, 1996). (b).the tamil nadu small industries development corporation (sidco) has given advertisement for the allotment of lands to various individuals ..... respondents in the year 2004 for re-transfer of lands in terms of section 48b r/w section 16b of the land acquisition act, 1894 (as amended by the land acquisition (tamil nadu amendment) act, 1996. the representation of the appellants' father was turned down by the respondents once in 2008 and again in the year .....
Tag this Judgment!Court : Chennai Madurai
..... enquiry along with his advocate. after enquiry, the appointment of executive officer was kept in abeyance in view of the pendency of rule amendment for appointment of executive officer under section 45(1) of the act. the said amendment was issued in g.o.ms.no.260, tc and re (re4-2) department dated 06.11.2015, which was also ..... arulmigu suyampirakasa eeswar temple is administered in terms of a scheme framed by this court in app.no.492, 743 and 491 of 1951, dated 05.05.1954 and amended by deputy commissioner, hindu religious and charitable endowment department, in oa.no.44/1962 dated 21.11.1966, and commissioner, hr and ce in ap.no.71 of 1967 ..... officer to perform a dual function as executive officer as well as the fit person. in the above circumstances, in my considered view the first respondent did not act reasonably and fairly in appointing the executive officer to the above said temple. 15. the first respondent himself admitted in the counter affidavit that the executive officer can .....
Tag this Judgment!Court : Chennai Madurai
..... as he has purchased the property knowing fully well about the specific share of the plaintiff in the suit property. 2.4. the plaintiff also by way of amendment questioned the further alienation of the suit property by the third defendant in favour of his wife, namely, the seventh defendant. 3. the suit was contested by ..... heir specified in clause (1) of the schedule, desires to dispose of his interest in the property inherited by him along with others, under the provisions of the act, any other heir, who inherited the property simultaneously, has a preferential right to acquire that interest by purchase. the preferential right to acquire the property as per section ..... hon'ble supreme court in the case of lachhman dass v. jagat ram and others reported in 2007 sar (civil) 250. this is a case where the plaintiff claimed right of preemption under section 22 of the hindu succession act only against the purchasers of the property without impleading the appellant, a tenant who has also acquired .....
Tag this Judgment!Court : Chennai Madurai
..... any share in the suit property as she was married 50 years back and daughters became entitled to share only from 25.03.1989 as per the amendment to hindu succession act 1956 by the amendment act 1/1990. this contention is contrary to law. the first respondent stated that periya patchai perumal died in the year 1958. no contra evidence was produced either ..... heirs of daughter of periya patchai perumal are not entitled to any share in the suit property as she got married 50 years ago before the amendment to hindu succession act, 1956 and the hindu succession amendment act 1/90 which came into effect on 25.03.1989. 18. the learned counsel for the appellant relied on the following judgments:- i) air 1982 delhi .....
Tag this Judgment!Court : Chennai Madurai
..... by the first respondent by filing a detailed counter. 6. the learned subordinate judge, ramanathapuram dismissed the application holding that once amendment is allowed, it relates back to the date of institution of the suit, by relying on the judgment of the honourable ..... payment of court fee under section 25(a) of the tamil nadu court fees act by contending that the suit was amended in the year 2016 and on the date of amendment, the value of the suit was rs. 14,80,000/-. the application ..... on the date of amendment of the plaint. the division bench of this court has categorically held that after commencement of the trial, the application under section 12(2) of the tamil nadu court fees and suit valuation act is not maintainable. ..... amendment was allowed, the first respondent paid a sum of rs. 20,250/- towards the court fee valuing the suit property at rs. 2,70,000/-. 5. the petitioner filed an application in i.a.no.259 of 2016 under section 12(2) of tamil nadu court fees and suit valuation act .....
Tag this Judgment!Court : Chennai Madurai
..... fact, is a matter of proof..... now, upon this question there is, their lordship are satisfied no difference between the law of india as declared in the evidence act and the law of england (range balaji v. mudiyeppa) and searching for an explanation of this very persistent heresy, their lordships find it in the words in which ..... the respondent's husband should be deemed to have been dead from may 1999 onwards on the basis of the presumption available under section 108 of the indian evidence act, 1872. taking such a view, the learned judge held the order of dismissal to be invalid and directed the respondents to settle all terminal benefits and also ..... therefore, the punishment by itself, cannot stand unless the presumption under section 108 of the indian evidence act, 1872 is rebutted by the employer. 24. as a matter of fact, the government itself had taken note of the contingencies of this nature and amended the tamil nadu pension rules, 1978, by g.o.ms.no.540, finance (pension), dated .....
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