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Muthukuberan Vs. The State by Inspector of Police Madhuranthakam Polic ...

Court : Chennai

..... the evidences of p.ws.1 to 4 as against the accused 2 and 3, though all these witnesses have spoken about individual overt acts of the accused 2 and 3 also. so far as the appellant is concerned, again, the trial court has rejected the evidences of ..... the accused 2 and 3 from the charges for offences 498(a), 302 r/w 109 ipc and section 4 of the dowry prohibition act, neither the state nor the victim has filed any appeal before this court. thus, the acquittal of the accused 2 and 3 has ..... , she laid charge sheet against the accused u/s 498(a) and 302 r/w 109 ipc and sec.4 of the dowry prohibition act, against all the three accused. 5. based on the above materials, the trial court framed appropriate charges as detailed in the first paragraph ..... as many as four charges against the accused. the first charge was against all the three accused u/s 4 of the dowry prohibition act; the second charge was against all the three accused u/s 498(a) ipc; the third charge was against the first accused for .....

J. Veeraraghavan Vs. Lalith Kumar

Court : Chennai

Reported in : [1995]83CompCas853(Mad)

..... follows (at p. 839): 'reading these provisions with the statement of objects and reasons of the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988), whereby chapter xvii comprising sections 138 to 142 was inserted with effect from april 1, 1989, there can be little doubt that section ..... on the ground 'account closed'. the learned magistrate had dismissed the private complaint filed on such dishonour, of offence under section 138 of the negotiable instruments act. aggrieved by that order, the complainant took up the matter to the high court under section 482 of the criminal procedure code. it was held that section ..... in the endorsement itself, viz., that payment was countermanded by the drawer. such a case would not come within the ambit and scope of section 138, negotiable instruments act.' (c) in prasanna (s.) v. vijayalakshmi (r.) , pratap singh j., while deciding if a cheque returned unpaid with an endorsement 'account closed' would .....

Alayil Kalathil Kambil Achuthan Vs. Kunnambrath Abdu and ors.

Court : Chennai

Reported in : AIR1925Mad675

..... existing liability, at the time when the-statements were made, and, therefore they held in these cases that 'for the purposes of section 19 of the limitation act, it was not necessary that all the legal consequences that may flow from the obligation acknowledged should be specified, to constitute an acknowledgment.' a similar observation cannot be ..... in kalliani amma v. narayanan nambiar : air1915mad962 which was a suit for redemption, the acknowledgment relied upon to save limitation, under section 19 of the limitation act, was the statement contained in exhibit c in that case which was a written statement, filed by the predecessor-in-title of the defendants in a prior suit. ..... not affect his right to apply for probate.' it was held that the statement amounted to a sufficient acknowledgment, within the meaning of section 19 of the limitation act. in this case, there was a clear admission that there were open and current accounts between the parties. this implied two things : (1) at that date .....

M. Karuppanna Gounder Vs. C. Visuvasam and ors.

Court : Chennai

Reported in : (1998)1MLJ155

..... north-eastern corner was really a bunk. he further went on and said thus:the rent controller, accepting the evidence of the tenant, held that the above acts are acts of waste. the appellate authority, without further discussing the matter, accepted the conclusion. i have already said that the burden of proof is on the landlady ..... of these legal implications before passing the order of eviction. rent controller as well as the appellate authority has only considered that the tenant has committed certain acts without the consent of the landlady. in my opinion, that by itself will not give the rent controller jurisdiction to order eviction.15. a lease contemplates ..... the expression 'materially altered the accommodation or is likely to substantially diminish its value' in section 3 of the u.p. (temporary) control of rent and eviction act, 1947 the supreme court observed in man mohan das v. bishun das : [1967]1scr836 that it would depend upon facts and circumstances in each case. the expression .....

Mr.M.Palanichamy. Vs. Union of India and ors.

Court : Chennai

..... court. upon considering the cause of action, the court held that the offence under section 138 can be completed only with concatenation of a number of acts, acts being, drawing of cheque, presentation of cheque with bank, returning of cheque unpaid by drawee bank, giving notice in writing to drawer of cheque demanding payment ..... not confine to a particular transaction where an offence is alleged to have been committed. in cases filed under s. 138 of the negotiable instruments act, series of acts will result at different places. as already discussed (supra). giving the cheque by the accused to the complainant and presenting the same for collection by ..... kochi. various complaints were filed before the learned additional chief metropolitan magistrate, mumbai, under section 138 read with sections 141 and 142 of the negotiable instruments act, against the petitioner firm and some of the partners of the firm. the petitioner therein prayed to quash the criminal cases, contending inter alia that the .....

Mahender Goyal Vs. M/S. Kadamba International, Represented by Its Prop ...

Court : Chennai

..... cognizance of an offence of course, in certain special enactments special provisions are incorporated for restricting the power of taking cognizance of offences falling under such acts. but such provisions are protected by non-obstante clauses. any way that is a different matter. 14.) the jurisdictional aspect becomes relevant only when the ..... the collecting bank of the payee." 10. once again, the question relating to territorial jurisdiction of court trying an offence under section 138 of the negotiable instruments act came up for consideration before a coram of two honble judges in harman electronics (p) ltd. vs. national panasonic india ltd. reported in 2009 (1) ..... as demanded, within the time stipulated. thus, according to the complainant, the accused has committed an offence punishable under section 138 of the negotiable instruments act. 3. in this petition, it is contended that the order of the learned judicial magistrate no.ii, erode taking cognizance of the complainant is wholly .....

Ilm Matriculation School, Vs. 1.The Director of Matriculation Schools,

Court : Chennai

..... public building other than government building shall follow the provisions of the multi-storeyed and public building rules, 1973 issued under the tamil nadu district municipalities act, 1920. provided that the executive authority shall not grant approval for construction, reconstruction, addition or alteration of any such building without consulting the concerned ..... least there should be a consultation by the authority with the concerned joint director or deputy director of town and country planning and therefore, the act of the petitioner, in absence of such consultation, is erroneous and the relief sought for by the petitioner should not be granted. learned additional ..... the joint director or deputy director of town and country planning. since the executive authority, namely, panchayat president has approved the building the plan, the act of the petitioner cannot be faulted with in any manner, more particularly, it cannot be said that it is against the provisions of law. admittedly .....

The British India Steam Navigation Co. Vs. H.M. Sharafally Merchant by ...

Court : Chennai

Reported in : AIR1923Mad435; (1923)44MLJ100

..... may, the the small cause court adjourned for the long vacation. the defendant filed an application for new trial under section 38 of the presidency small cause courts act. act xv of 1882, on the day when the court reopened after the annual recess. the full bench of the court of small causes rejected the application as ..... plaints and applications presented on those days. i am therefore not prepared to hold that the notification was illegal or contravened the provisions of section 92 of the act, although i consider that future notifications should be more precisely worded, so as to leave no doubt as to when applications under section 38 will be received. ..... execution applications or other papers,' within the meaning of paragraph 5 of the notification, and secondly that the notification is not in conformity with section 92 of the act which requires the list of holidays and vacations to be notified. it is contended that a vacation means a continuous holiday which cannot be whittled down by an .....

A. R. Rangachari Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Reported in : [1955]28ITR528(Mad)

..... against frivolous litigation. the clause ran as follows :-'as long as the present trustee, namely, the settlor or persons named as trustees in addition or substitution shall act as trustees, they shall not accountable to any of the beneficiaries under these presents relating to his or their dealings as to the income of the trust estate ..... the transferors income and the transaction was treated as an expenditure or an application of income and unless the deduction was allowable under any particular provision of the act, with the result that the disposition was disregarded in computing the total income of the assessee. the decision of the board in mullicks case is an instance ..... had fastened on the estate which the assessee had inherited from his father, it was not a deductible expenditure under any of the provisions of the income-tax act, and so disallowed the assessees claim. the assessee took the matter on appeal to the privy council and lord macmillan, delivering the judgment of the board, .....

In Re: Pachiripalli Satyanarayana

Court : Chennai

Reported in : AIR1953Mad534; (1953)IMLJ175

..... sind 154 (q). 13. this is the line of decisions arising under four important heads viz., (a) section 114, indian evidence act -- illustration (a); (b) arms act; (c) abkari act and (d) opium act. it will be remembered that under section 114, illustration (a), in order to draw the presumption, the possession must be exclusive. but ..... .the illicit article: -- 'fernando v. emperor : air1931mad490 ; -- 'nga shwe toe v. emperor', air 1937 rang 434 (zd). possession in order to justify a conviction under the abkari act need not necessarily be exclusive possession: -- ' : air1934bom16 (v)'; --''harsh nath v. emperor', air 1915 cal 719 (ze) and -- 'parmai v. emperor : air1934all129 . the only ..... son is not guilty of possession: -- 'emperor v. binjha', air 1930 lah 884 (w); -- bimal protiva debi v. emperor : air1942cal464 . 16. similarly, under the opium act, it has been held by thadani, c.j. and ram labhaya, j. in -- 'bholanath sarma v. king', air 1949 assam. 73 (y) that where substantial amount of .....