Court : Chennai Madurai
..... for his examination under section 313 cr.p.c., question of sentence for pronouncement of judgment for sending him to jail or even to hear, when there is a overt act of acquittal is to be pronounced, the court can always insist upon the physical presence of the petitioner. sometimes, when the personal appearance of the accused is dispensed with, as .....
Tag this Judgment!Court : Chennai Madurai
(Prayer: Writ Appeal under Clause 15 of the Letters Patent, against the order made in W. P. (MD) No. 7296 of 2013, dated 03. 01. 2014.) 1. Challenge in this appeal is to an order made in W.P.(MD)No.7296 of 2013, dated 03.01.2014, by which, the Writ Court has set aside the order, dated 17.02.2008 in P.R.No.03/07, passed by the Commandant, TSP IX Battalion, Manimuthar, Tirunelveli, 3rd appellant herein, and also the order, dated 25.03.2013, passed by the Deputy Inspector General of Police, Armed Police, Trichy, 2nd appellant herein. 2. Facts of the case are that the respondent's father, died on 05.12.1996, in harness, while he was working as cook. The respondent signed his verification roll on 26.09.2000. He was appointed as Grade II Police Constable on 01.07.2002, on compassionate grounds. Thereafter, on 19.05.2006, he was promoted as Nayak. In the year 2007, a charge memo, dated 03.03.2007, was served on the respondent, on the grounds that he had suppressed the factum of employment of ...
Tag this Judgment!Court : Chennai
..... answer statement before the tribunal denying the allegations made in the complaint. according to them, the complainant does not come under the purview of section 36(c) of the railways act, 1989. he further submitted that the coal does not absorb water and hence the contention of the complainant that excess weight had been caused on account of heavy rain, is .....
Tag this Judgment!Court : Chennai
..... exception to the rule that when there is no attesting witness available, the will can be proved by other evidence. so far as section 71 of the indian evidence act is concerned, when it is not possible to prove the execution of the will, by examining an attesting witness, though alive or when the attesting witness who appeared, ..... to be compared with the admitted signatures found in the registered settlement deed and the original registered will mentioned earlier. 7. as per section 68 of the indian evidence act, the will has to be proved in the manner stated therein. when in certain circumstances, it is not possible to prove the will, under section 68 of the ..... by the plaintiffs 1 to 4 contending that the will has not been proved in the manner known to law, as required under section 68 of the indian evidence act. it is further contended that comparison of signature of a will is not applicable, in testamentary jurisdiction and the application itself, is not maintainable. hence, prayed for .....
Tag this Judgment!Court : Chennai
S. Manikumar, J. 1. Tax Case Appeals have been filed against the common orders, made in I.T.A. Nos. 550 and 551/Mds/2010 and Cross-Appeals. 2. Facts leading to the appeals are that the assessee, M/s. Tamil Nadu Tourism Development Corporation Ltd., filed returns for the assessment year 2005-06 on 31.10.2005 and a revised return on 06.06.2006, admitting the total income of Rs. 2,12,97,601/-. For the assessment year 2006-07, the assessee filed returns on 27.11.2006, admitting the total income of Rs. 2,05,70,640/-. Returns were processed under Section 143(1), selected for scrutiny and notice under Section 143(2) was issued. 3. After enquiry, assessment was completed and vide order, dated 05.12.2012, the following additions were made to the income of the assessee for the assessment year 2005-06: 30% deduction claimed for franchise income as discussed above50,88,343/-Interest on Government Loan as discussed above17,55,632/-Thiruvalluvar statue expenses as discussed above45,34,350/-Prior per...
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..... that though, section 6 declaration was made on 02.03.2011 and published on 02.03.2011, award was not passed within two years, as mandated under the act. invocation of the urgency clause and dispensing with the enquiry under section 5(a) has also been questioned. in support of the above contentions, learned counsel for the ..... was abdul sukoor [minor] son of mohammed abubacker. after purchase, he has effected mutation in the revenue records. however, in declaration issued under section 6 of the act, published in government gazette dated 02.03.2011, the name of the petitioner was not included. it still contained the name of minor abdul sukkur. section 6 declaration was ..... of the sub registrar, neravy. according to him, he is in possession and enjoyment of the property. by notification dated 05.10.2010 issued under the land acquisition act, 1894, an extent of 11 ares and 34 centiares, out of the total extent of 23 ares 34 centiares, was notified for acquisition for forming western bypass road. .....
Tag this Judgment!Court : Chennai
..... reported in 1998 234 itr 0113, the petitioner therein was aggrieved over three orders of assessment and rejection of an application under section 154 of the income tax act, 1961. all orders having been passed by the assistant cit, investigation circle, gurgaon and three appellate orders passed by the commissioner of income tax (appeals), ..... , in sikkim. it had no office or agent outside sikkim. income tax authorities at delhi issued notices alleging non-compliance of section 282 of income tax act, 1961. notices were served at delhi. assessment proceedings were completed. when the same were questioned, one of the contentions of the revenue was that the ..... bhopal branch of state bank of india. the bank issued notice for repayment. questioning the vires of securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, a writ petition was filed, which was dismissed on the ground of lack of jurisdiction. at paragraph 18, the apex court held as follows: .....
Tag this Judgment!Court : Chennai
..... , as regards payment of duty, time and manner of payment. the said judgment is also applicable, on the grounds of exclusion of the general provisions of the act and the rules, during the period of the compounded levy scheme. when the general provisions of availing cenvat credit are excluded, consequences thereof, is to make payment ..... the assessee. yet another substantial question of law, raised therein was, "whether rule 96zp of central excise rule, 1944 and section 3a of the central excise act, 1944 are the charging provisions and also provide for machinery for recovery of due?" dealing the above substantial questions of law and on the facts and circumstances of ..... . it has to be taken into consideration that the compounded levy scheme for collection of duty based on annual capacity of production under section 3 of the act and hot re-rolling steel mills annual capacity determination rules, 1997 is a separate scheme from the normal scheme for collection of central excise duty on goods .....
Tag this Judgment!Court : Chennai
..... raised a preliminary objection with regard to the request for copies of the statements. it is submitted that the petitioner herein is a company incorporated under the companies act, the director, who has sworn to the affidavit in this writ petition has not given any statement, the persons, who have given statements have not approached ..... proceedings of the directors and consultant of the petitioner pending before the third and fourth respondents and issuance of repeated summons under section 131 of the income tax act on the directors and consultant of the petitioner as 'assessee' is without jurisdiction and hence, all the summons proceedings pertaining to the directors and consultant of ..... , seeking for a writ of declaration to declare that entire survey conducted by the officers of the income tax department under section 133a of the income tax act, 1961 on the 1st and 2nd of december, 2015, in the business premises of the petitioner and the residence of the directors of the petitioner and .....
Tag this Judgment!Court : Chennai Madurai
..... sides. perused the impugned order and the materials on record. 3. the revision petitioner is the de facto complainant. it is stated already that he has suffered by the criminal act committed by the accused persons, now by certain onerous conditions imposed upon him by the court, he has to suffer still further. 4. the de facto complainant is the owner .....
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