Court : Chennai
..... narrated the entire facts in chief examination, during cross examination, which is held after several days or months, makes some contradictory statements, the court may, for these reasons, decline to act upon the facts elicited during cross examination. 17. in the instant case, for the said reasons, we have not given any weightage to the answers elicited on certain vital facts .....
Tag this Judgment!Court : Chennai
..... petitioner has filed h.m.o.p.no.1051 of 2010 on the file of the court-below under section 9 of the hindu marriage act, 1955, whereby prayed to pass an order of restitution of conjugal rights. in that petition, wherein the respondent/petitioner has narrated the ..... pleaded to the effect that during march 2000 both the said chacko kuruvilla and the respondent have served together in a company and he acted as a manager and the petitioner has visited the said office and found both of them in a compromising position. if really such occurrence ..... .a.no.342 of 2016 as petitioner has filed h.m.o.p.no.1051 of 2010 under section 9 of the hindu marriage act, 1955 wherein the appellant in c.m.a.no.342 of 2016 has been arrayed as sole respondent. 3. the material averments made ..... .no.131 of 2011 on the file of the trial court under section 13(1) (i-a) and (iii) of the hindu marriage act, 1955 wherein the respondent in c.m.a.no.343 of 2016 has been shown as sole respondent. likewise, the respondent in c.m .....
Tag this Judgment!Court : Chennai Madurai
..... to the third respondent, the document namely, the release deed is to be construed as a conveyance deed and therefore, the stamp duty under section 23 of the indian stamp act, 1899 is to be paid by the petitioner. furthermore, the petitioner was directed to submit the documents like patta, encumbrance certificate relating to the survey numbers inasmuch as the properties ..... , dated 5.5.2016 raising certain legal questions and asked him to pay the stamp duty, as if it is a conveyance deed under section 23 of the indian stamp act, 1899. he also furnished the explanation on 10.05.2016 complying with the defects/doubts raised by the third respondent. in this connection, the petitioner takes a stand that the .....
Tag this Judgment!Court : Chennai
..... question asked is as to the number of years during which the said hospital had been functioning; whether proper license has been issued under the tamil nadu private clinical establishment act, 1997. yet another question is that as to how many beds were there in the hospital. it has also been elicited that there is an operation theatre, a minor o ..... also a chance witness. on such close scrutiny, if the evidence of a chance and the interested witness, inspires the confidence of the court, there is no legal impediment to act upon the said evidence, even in the absence of any corroboration from any other independent source. 9. here, in this case, p.ws.1 to 3 were cross examined at ..... p.m., he registered a case in crime no.18 of 2013 under section 307 i.p.c. and section 4 of the tamil nadu prevention of harassment of women act. ex.p8 is the f.i.r. he forwarded both the documents to court. 2.8. then on intimation, p.w.15, the vii metropolitan magistrate mrs.hermis went to .....
Tag this Judgment!Court : Chennai
..... that the two fundamental principles which form part of the fundamental policy of indian law (that the arbitrator must have a judicial approach and that he must not act perversely) are to be understood." 14. bearing in mind, the above settled proposition of law and the incorporation of (a) award affected by fraud or ..... above decisions, the following principles emerge: (a) an award, which is (i) contrary to substantive provisions of law; or (ii) the provisions of the arbitration and conciliation act, 1996; or (iii) against the terms of the respective contract; or (iv) patently illegal; or (v) prejudicial to the rights of the parties; is open to ..... appreciating the evidence and correctly interpreting the terms of the contract. the learned single judge traversed beyond the scope of section 34 of the arbitration and conciliation act, 1996, interpreting the terms of the contract, which is impermissible in law and re-appreciating the evidence, by holding that the award suffers from inconsistent .....
Tag this Judgment!Court : Chennai
..... in this case, the act of the accused in causing fracture of the bones would amount to voluntarily causing grievous hurt punishable under section 325 of ipc. thus, we conclude that the accused are liable ..... court in jani gulab shaikh vs. the state of maharashtra in 1969 (2) uj 598 sc wherein in an identical situation, the hon'ble supreme court has held that the act of the deceased would not fall under anyone of the limbs of section 299 of ipc and the same is therefore, an offence punishable under section 323 of ipc. here ..... . 8. the medical opinion of p.w.9 is that the death of the deceased was due to shock and hemorrhage due to chest injuries. in our considered view, the act of the accused in kicking the deceased which resulted in the death of the deceased shall not fall within anyone of the limbs of section 300 of ipc. undoubtedly, there .....
Tag this Judgment!Court : Chennai
..... ble court be pleased to grant an order of exparte ad interim injunction restraining the defendants, their directors, employees, officers, servants, agents and all others acting for and on their behalf from operating any business, making, selling, distributing, advertising, exporting, offering for sale, and in any other manner, directly or ..... ble court be pleased to grant an order of exparte ad interim injunction restraining the defendants, their directors, employees, officers, servants, agents and all others acting for and on their behalf from operating any business, making, selling, distributing, advertising, exporting, offering for sale, and in any other manner, directly or ..... designers etc. any one from these categories can access the website of the respondents, upload their portfolios and their artistic work. thus, the respondents act as a facilitator and intermediary. it appears that some of the activities of the members of the respondents overlap with that of the applicant, such .....
Tag this Judgment!Court : Chennai Madurai
..... and ce department and his original post is commissioner, hrandce department. further, under section 53 of the tamil nadu hindu religious and charitable endowments act, 1959, as secretary of the government, can deal with the charges. moreover, the second respondent/commissioner, hrandce department can also appoint another secretary ..... joint commissioner, hrandce department, after observing the necessary formalities, sent a detailed proposal for appointment of an executive officer under section 45 of the act. further, the first respondent after perusing the report of the third respondent/joint commissioner, hrandce department issued the order appointing the deputy commissioner/ ..... petitioner takes a prime plea that the second respondent/commissioner, hrandce department has no jurisdiction to exercise power under section 45(1) of the act, when allegation of charges are pending before the first respondent/state government. 7. the version of the petitioner is that the second respondent/commissioner .....
Tag this Judgment!Court : Chennai Madurai
..... order and also the materials on record. 10. though a confessional statement cannot be used to convict a person except to the extent provided in section 27 of the evidence act viz., 'so much of information leading to the discovery of a fact', it (confession) can be used for 'any other purpose', confessional statement cannot be used to record a conviction .....
Tag this Judgment!Court : Chennai
..... state of haryana v. bhajan lal and rajesh bajaj vs. state of nct of delhi). 8. in the last referred case this court also pointed out that merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. we quote the following observations: 10. it may be that the facts narrated in the present .....
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