Court : Chennai
..... judgment without adhering to mandate of order 23, rule 3 of civil procedure code and thereafter, to justify their action as well as the counsel's action whom they trust and act, refuse to undo the wrong, despite pointing out by the affected party. 2. the suit is for delivery of vacant possession after removing the superstructure put up by ..... discharged the burden lies on her to prove that there was no consent and knowledge for the compromise filed in this case. as per section 14 of the indian contract act a free consent has been defined when the consent is not caused by coercion and undue influence, fraud, misrepresentation, mistake of fact. here, in the instant case ..... of rs.1,15,000/-. the burden on the plaintiffs is discharged and the burden shifts to the defendant. the illustration (g) to section 114 of the indian evidence act, 1872 says that the court may presume, that evidence which could be and is not produced would, if produced, be unfavourable to the person, who withholds it. 14. .....
Tag this Judgment!Court : Chennai
..... , but it was executed for some other purposes namely, as security for loan transaction. such plea would fall within the exceptions under section 92 of the evidence act because, it is actually a invalidating circumstance which is pleaded before the court of law and by pleading so, the defendant is not attempting to vary the terms ..... and not otherwise. per contra, mr.n.suresh, the learned counsel appearing for the respondent would submit that what is prohibited under section 92 of the evidence act, is only the attempt to vary the terms of the contract and the defendant can always establish any invalidating circumstance, that would establish that the contract itself was ..... ignored and that the real purpose was to secure the loan transaction. the defendant is barred from raising such a plea by section 92 of the indian evidence act. 11. relying upon the aforesaid judgments, the learned counsel would submit that the trial court erred in accepting the plea of the defendant that agreements are not .....
Tag this Judgment!Court : Chennai
..... , and because of the above contradictions, we are not able to attach any importance to the evidences of p.ws.1 and 2. assuming that the court could act upon the dying declarations, among these multiple dying declarations, there is no consistency. the deceased should not have gone on improving the version by adding the accused and ..... is quite contrary to the earlier two dying declarations. 16. now, turning to the evidences of p.ws.1 and 2, they have mentioned about the participation and specific overt acts of eight persons. according to them, the juvenile accused, kumar @ sivakumar; kattappu @ sivakumar; jawahar and mr.sowrirajan (a.1) were all armed with aruval and they attacked ..... the place of occurrence. when they rushed to the place of occurrence, according to them, they witnessed the entire occurrence. they have further spoken about the specific overt acts of each of the eight assailants including these appellants/a.1, a.3 and a.4. p.w.3 has stated that he heard about the occurrence and .....
Tag this Judgment!Court : Chennai
..... alteration of service conditions, as it appears from the records placed before this court. merely because an industrial dispute is pending under the industrial disputes act, the act nowhere states that the management should fold their hands and keep quiet and would not proceed further during the pendency of an industrial dispute against the ..... before the labour courts/industrial tribunals. whenever the employer proposes to bring change in the conditions of service, section 9-a of the industrial disputes act read with the rules framed thereunder contemplates providing of notice to the union. whenever the workmen go on strike, the trade union should issue notice ..... conciliate and effect settlement under section 12(3) and if no settlement is forthcoming, to submit failure report under section 12(4) of the industrial disputes act, 1947 and in turn, direct the first respondent to refer the dispute for adjudication before the competent adjudicator. 2. heard the learned counsel appearing for the .....
Tag this Judgment!Court : Chennai
..... president mr.n.gangadharan in o.s.a.no.252 of 2010, dated 10.12.2011, while has directly dealt with section 138 of the tamil nadu housing board act, 1961, has held in para 24 and 25, which reads as follows:- 24............the learned senior counsel would further submit that regarding the non-compliance of durational requirement ..... 23, there was arrears of installment exceeding two months. further, before instituting the suit, the plaintiff ought to have issued notice under section 138 of the tamil nadu housing board act, 1961. due to non-compliance of the statutory notice, the suit is liable to be dismissed. 8. aggrieved by the judgment of the first appellate court, the plaintiff ..... the direction of the board, or of the chairman or managing director of any officer or servant of the board, in respect of any act done or intended to be done under this act, or any rule or regulation made there under until the expiration of sixty days next after written notice has been delivered or left at the .....
Tag this Judgment!Court : Chennai Madurai
..... considered view that the observance of the principles of natural justice before slapping an order of suspension on a hereditary trustee under section 53(4) of the act pending enquiry into grave charges, is neither feasible nor required. therefore, the third contention of the learned senior counsel for the appellants is also rejected. ..... the charges are grave in nature, the petitioner was is placed under suspension pending enquiry into charges under section 53(4) of the hr and ce act. as an interim arrangement, the executive officer of arulmigu koppudainayagi amman temple, karaikudi town was appointed as an official fit person. impunged order was passed ..... initiate appropriate disciplinary proceedings under sub sections (b)(c)(d) and (e) of section 53(2) of the tamil nadu hindu religious and charitable endowment department act against the petitioner, who is the hereditary trustee in the chair. based on the report submitted by the second respondent, and after perusing the relevant records, .....
Tag this Judgment!Court : Chennai Madurai
..... 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 ..... the institution. therefore, it is that natural justice and fair play require that the commissioner should properly exercise the power under section 45(1) of the act, after being satisfied that the institution has not been properly managed and the then administration leaves much to be desired and requires to be toned up or ..... endowments (administration) dept. madras vs. k.jothiramalinga and another, had held has follows:- .............by the appointment of an execuive officer under section 45(1) of the act, coupled with the conferment on him of all or almost all of the above powers, would be to relegate the hereditary trustee to the position of a non entity .....
Tag this Judgment!Court : Chennai
..... 5 cannot be considered at all as it is an inadmissible evidence in view of the bar contained in section 54 of the evidence act, which states that in criminal proceedings the fact that the person accused of, has a bad character, is irrelevant unless the evidence ..... tied the dead body with her bicycle and threw the same into the water with a view to cause disappearance of the evidence. the act of the accused in killing the deceased would squarely fall within the first limb of section 300 ipc. therefore, the trial court was ..... the mobile number 9095763048 under ex.p.16. he has also given a certificate as required u/s.65-b of the indian evidence act. the said certificate is marked as ex.p.18. as per the said call details, on 23.11.2013, from the cell ..... 366, 354, 376, 302 and 201 read with 302 ipc and section 4 of the tamil nadu prohibition of harassment of women [amended] act, 2002. by judgment dated 29.09.2016, the trial court convicted him under sections 341, 376, 302 and 201 read with 302 ipc .....
Tag this Judgment!Court : Chennai
..... for the respondent would submit that the probate granted by the court cannot be revoked unless one or more of the grounds enumerated in sec.263 of the indian succession act is made out. he would further submit that unless the probate is revoked, the matter cannot be converted as a civil suit. 10. we have considered the above ..... him, the learned single judge ought to have allowed the appellant to let in oral and documentary evidence to prove the grounds as enumerated under sec.263 of indian succession act. 8. he would further submit that it is true that in respect of the probate proceedings, no citation is required to be issued to the relatives of the ..... is the last will of the deceased sulochana. the appellant also raised few more grounds for revocation of the will, as referred under sec.263 of the indian succession act. 4. but the respondent contested the said original application contending that the will in favour of the respondent alone is the last and genuine will of the deceased and .....
Tag this Judgment!Court : Chennai
..... the petitioner for implicating him in any manner, the charges are levelled against the petitioner for the offences under section 13(1)(d) of the prevention of corruption act, 1988 and sections 120b, 467, 468, 471 and 420 of ipc, the court stands as legal scrutiny as none of the ingredients therein are satisfied". therefore, ..... the entire subsidy portion sanctioned under the agricultural mechanisation scheme and integrated waste land development programme thereby offences under section 13(1)(d) of the prevention of corruption act, 1988 and sections 120b, 467, 468, 471 and 420 of ipc are attracted. before filing the charge sheet report under section 173 cr.pc, how the ..... the petitioner for implicating him in any manner, the charges are levelled against the petitioner for the offences under section 13(1)(d) of the prevention of corruption act, 1988 and sections 120b, 467, 468, 471 and 420 of ipc, the court stands as legal scrutiny as none of the ingredients therein are satisfied. the .....
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