Court : Chennai Madurai
..... observed, evidence to show that the mortgage was in reality a simple mortgage according to the intention of the parties was inadmissible under section 92 of evidence act, and no presumption could be drawn from the previous transactions. i therefore hold that it is not open to the defendant to plead that there was a ..... agreement of sale and therefore, the appellant has proved that preponderance of probabilities would only lead to the conclusion that ex.a.2 was not intended to be acted upon as agreement of sale and it was given only as security or as loan transaction. 25. the courts below, without properly appreciating the consideration fixed, ..... particularly in the absence of evidence of varghese and kuruvila. both of them have kept themselves away from the court. 14. section 20 of the specific relief act, 1963 preserves judicial discretion to courts as to decreeing specific performance. the court should meticulously consider all facts and circumstances of the case. the court is not bound .....
Tag this Judgment!Court : Chennai
..... demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. no doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens wellbeing of society and it is not safe to leave the crime- doer ..... the loan amount. 3.3. according to the prosecution, the accused 1 to 4 entered into a criminal conspiracy to commit criminal misconduct and cheat the idbi bank. the said acts of the accused persons prima facie constitute the offence punishable under section 120(b), r/w.420, 467, 468 r/w.471 ipc. on source information, a case in rc .....
Tag this Judgment!Court : Chennai Madurai
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records of the first respondent relating to impugned orders of the Government passed in fbj vz;.18201/Ntep4(2)/2012-2 dated 03.05.2013 and quash the same and consequently direct the Government to regularise services of the petitioner as per the proposals sent by the Commissioner of Agriculture in his letter No.Nt.mg1/70289/2012 dated 05.07.2012 and sanction arrear increments within a specified time frame that may be fixed by this Court.) 1. The prayer in the writ petition is for a writ of Certiorarified mandamus to call for the records of the first respondent relating to impugned orders of the Government passed in TAMIL (2)/2012-2 dated 03.05.2013 and quash the same and consequently direct the Government to regularise services of the petitioner as per the proposals sent by the Commissioner of Agriculture in his letter No.Nt.mg1/70289/2012 dated 0...
Tag this Judgment!Court : Chennai
..... . ........." (ii) (2009) 2 scc 409 [vidyabai and others vs. padmalatha and another]. para no.10 of the said judgment reads as follows: "7. by reason of the civil procedure code (amendment) act, 2002 (act 22 of 2002), the parliament inter alia inserted a proviso to order vi rule 17 of the code, which reads as under: "provided that no application for amendment shall be ..... could not have raised the matter before the commencement of the trial." 8. though it is pointed out by the learned counsel for the revision petitioners that after the amendment act 22 of 2002, the proviso has been introduced only to curb the amendment being allowed, after the trial is commenced, but when the court comes to the conclusion that inspite .....
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..... and when the witnesses can use his discretion to answer though there is no compulsion. the learned counsel had overlooked these statutory mandates contained in the evidence act. the learned counsel had virtually harassed p.w.1 for days together by asking all irrelevant, unnecessary and scandalous questions. 54. similarly, p.w.2 ..... harassing the witnesses. it reflected as though there is no law regulating the questions during cross examination. it was ignored by the counsel that the evidence act speaks of questions which are lawful during cross examination which could be compelled to be answered by a witness and the questions which could be refused to ..... appeals are before this court for disposal. 2. the case of the prosecution in brief is as follows:- "pricol limited" is a company incorporated under the companies act, 1956. it has six plants. plant-i is in periyanaickkenpalayam in coimbatore district; plant-iii is in chinnamathampalayam in coimbatore district; and plant-iv is in karamadai .....
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..... that without proving execution of promissory note by the defendant, the plaintiff cannot rely upon the statutory presumption available under section 118 of the negotiable instruments act. similar circumstances as discussed earlier by this court show that passing of consideration for the alleged promissory note ex.p.2 is also highly improbable. ..... of proof in respect of negotiable instruments. the judgment of the honourable apex court reads as follows: the relevant part of s.118 of the negotiable instruments act reads : until the contrary is proved, the following presumptions shall be made :- (a) that every negotiable instrument was made or drawn for consideration, and ..... the execution of the promissory note is established in the manner known to law, then the statutory presumption available under section 118 of the negotiable instrument act comes into operation in favour of the plaintiff. 18. in this case, looking at various circumstances of the case, the execution itself has not been .....
Tag this Judgment!Court : Chennai
..... termed as an interested one and therefore, it ought not to be believed. as a matter of fact, the victim of cruelty / harassment would definitely disclose the cruel acts meted out to her to her parents, brothers, sisters and friends, definitely she would not disclose the same to the outsiders, in the considered opinion of this court. ..... no.638 (ramesh), special sub-inspector manivel and obtained their statements on the same day etc., and ultimately laid a final report under section 4 of the dowry prohibition act,1961 and under section 498 (a) and 306 of ipc against the accused (appellant). 23. as far as the present case is concerned, the accused (appellant) had ..... wanted her to bring money and quite often he demanded the same and because of the cruelty, he had committed an offence under section 4 of the dowry prohibition act, 1961. 14. the third charge levelled against the appellant was that because of his continuous scolding of his wife (deceased banu priya) to bring money for purchase .....
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..... disputed at any point of time by the defendants. while so, the first appellate court has rightly held that ex.a1-settlement deed is true and valid and acted upon. this court has no reason to interfere with the above finding of the first appellate court. 15. lastly, the adverse possession claimed by the appellant ..... husband william daniel's father aruldass daniel are sons of m.daniel and the marriage between pw1 and her deceased husband william daniel is prohibited under christian marriage act as the marriage is incestuous. however, the above said erroneous conclusion has been rightly reversed by the first appellate court based on ex.a7-marriage certificate ..... be dismissed for non prosecution? (2) whether the judgment and decree of the lower appellate court vitiated by its failure to consider the impact of christian marriage act to the alleged marriage by the first respondent with late h.m.william daniel which marriage is within prohibited relationship? (3) whether the respondents 2 to 4 .....
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..... suspension period, this court grants liberty to the first respondent to take remedial measures by proceeding against the petitioners as per the provisions of the act, judgment referred supra and also by following the aforesaid observations of this court, if they are found responsible on the proved charges levelled against ..... the board did not prefer any appeal against the order of the assistant commissioner of labour, salem, willfully, deliberately and maliciously. due to their wilful act, the second respondent society has suffered a huge financial loss. 11. it is further submitted that the deputy registrar of cooperative societies, gobichettipalayam, has ..... loans, tahdco loans, irregularities in share capital withdrawal, agricultural insurance scheme, agro service centre etc. thereafter, an enquiry under section 81 of the act was initiated by the registrar of cooperative societies, vide proceedings dated 18.04.2013. the enquiry officer, on completion of the enquiry, submitted his report .....
Tag this Judgment!Court : Chennai
..... holds good, does not warrant any interference. 17. another point for consideration raised regarding applicability of section 34(c) of hindu religious and charitable endowments act, 1959 is also not appreciable since the decree is confined with delivery of possession, which attained finality and as stated supra the same should be executed ..... superstructure itself put up without permission and as such there is no question of compensation. even under section 34(c) of hindu religious and charitable endowments act, 1959, the prior permission for construction is must and as such the very claim is baseless, taken only with the view to prolong the execution proceedings ..... not for the executing court to frame any issue regarding the determination of compensation applying provision of under section 34(c) of hindu religious and charitable endowments act, 1959. 20. the present case is a classic example to how the tenants are taking undue advantage of existence of building, which was constructed without .....
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