Court : Chennai
Reported in : 1999(2)CTC364; (2000)ILLJ340Mad
..... competence of kerala state legislature to enact the legislation. it was urged . that in view of the declaration made in section 2 of the tea act, 1853. tea was a controlled industry and, therefore, the state legislature was denuded of any power to deal with the industry. it was further contended that the plantation required extensive ..... land and that resumption of land by the impugned legislation would directly and adversely affect the control taken over by the union and, therefore, the state legislature was incompetent to enact the impugned legislation. this contention was repelled holding that the impugned legislation ..... avergal v. the state of tamil nadu, 1985 wlr 1 is a judgment where the tamil nadu cultivating tenants (payment of fair rent) amendment act 17 of 1980 called in question. the act impugned therein does not even declare that the law enacted by the state is to give effect to the policy of the state .....
Tag this Judgment!Court : Chennai
Reported in : AIR2000Mad78; 1999(1)CTC238
..... . krishnamurthy, : 2008(228)elt162(sc) where k.t. thomas, j. speaking for the bench while considering what is sufficient cause under section 5 of the limitation act held that the said expression should receive a liberal construction so as to advance substantial justice. in this respect k.t. thomas, j. relied upon the earlier pronouncements ..... learned counsel relied upon the following passage:-'it is undoubtedly true that in dealing with the question of condoning the delay under section 5 of the limitation act the party seeking relief has to satisfy the court that he had sufficient cause for not preferring the appeal or making the application within the prescribed time ..... the civil court. thereafter on 22.7.1991, the arbitration petition was presented.13. it is relevant to refer to the provisions of the chit funds act, 1982 with respect to disputes and the arbitration. chapter xii relates to disputes and arbitration. in terms of section 64 notwithstanding anything contained in any other law .....
Tag this Judgment!Court : Chennai
Reported in : (1999)1MLJ655
..... in the official gazette, direct that leases of immovable-property, other than leases from year to year, or for any term exceeding one year or reserving a yearly rent, or any class of such leases, may be made by unregistered instrument or by oral agreement without delivery of possession.as per this provision, where lease of immovable property ..... defendant had become the successor-in-interest of the said burmah shell company and had duly attorned to the plaintiff the said leases and they have been paying the rent. the plaintiff in the year 1991 requested the appellant to give vacant possession of the property. the appellant took a stand in the reply dated 8.3.1991 ..... government to get the lease renewed, if so desired section 107 of the transfer of property act runs as follows:lease how made: a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. all other leases of immovable property may .....
Tag this Judgment!Court : Chennai
Reported in : 1999CriLJ181; 1998(2)CTC651
..... (2) s.d. ashok kumar v. stale, ; (3) chandra nath sarma v. mahesh nath sarma, ; (4) kurukshetra university v. state of haryana, : 1977crilj1900 ; (5) jehan singh v. delhi administration, : 1974crilj802 ; (6) r.d. bajaj and anr. v. k. pal singh gill and anr., : 1996crilj381 ; (7) state of tamil nadu v. thirukkural perumal, : [1995]1scr712 ; ..... from the year 1956. the label was duty registered onder the trade and merchandise marks act as number 439372 in clause 34 and the registration is valid and in force... .... ....at present the complainant markets their product affixed with 'camel' trade ..... and attractive colour scheme to their trade mark. all such different varieties of 'camel' brand trade marks have been registered under the trade and merchandise marks act... .... ....the label was got approved by the central excise department and was affixed in the matches manufactured by the complainant in the course of trade .....
Tag this Judgment!Court : Chennai
Reported in : (1999)1MLJ276
..... preferred to apply for an order of certiorari to quash his conviction, the court should be debarred from granting his application.likewise, in khurshed modi v. rent controller bombay : air1947bom46 it was held that the high court would not refuse to issue a writ of certiorari merely because there was a right of appeal. it ..... tribunals throughout the territories in relation to which it exercises jurisdiction. the certificate officer is a court according to the definition given in the public demands recovery act. therefore, there can be no doubt that we have jurisdiction to exercise our power of superintendent over that court. but the learned senior government pleader ..... arrest should be issued against the certificate debtor. it is also true that the certificate debtor might institute a suit under section 34, public demands recovery act for cancellation of the certificate but the existence of an alternative remedy like a suit does not, in our opinion, preclude us from exercising our powers .....
Tag this Judgment!Court : Chennai
Reported in : 1998(2)CTC7
..... the even tempo of the life of the community taking the country as a whole or even a specified locality. disturbance of public order is to be distinguished from acts directed against individuals which do not disturb the society to the extent of causing a general disturbance of public tranquillity. it is the degree of disturbance and its ..... cannot be set aside.' so long as there is a mention in the grounds of detention that the representation would be dealtwith as per section 10 of the act and it was made known to them, there is no substance in contending that the tamil version does not mention the right of the detenues that their representations ..... antecedents and keeping in view the manner how the ground case happened, respondent no.2 passed the impugned orders of detention dated 31.10.1997 under the tamil nadu act 14 of 1982, describing the detenues as 'goondas'. now detained at a central prison,chennai, with a view to preventing them from indulging in activities prejudicial to the .....
Tag this Judgment!Court : Chennai
Reported in : 1998(102)ELT251(Mad)
..... did not dispute the fact that the central government is also subject to the jurisdiction of this court and that even though the notifications have been issued initially at delhi which is the seat of the central government, nevertheless the notification is meant to have effect throughout the territory of india, and that notification is amenable for being ..... jurisdiction some thing was done in relation to the notification without any qualification. if it is possible to establish a reasonable link between the notification impugned and some act which is germane any material having occurred within the state that would be sufficient to establish that a part of cause of action has arisen within the state. ..... at the rate of rs. 1/400/- per light displacement tonnage. the petitioner has paid the duty as also contravailing duty under section 3 of the customs tariff act, but had not paid the duty at the rate of rs. 1,400/- per light displacement tonnage.2. it is not in dispute that the ship which the .....
Tag this Judgment!Court : Chennai
Reported in : 1998(61)ECC50
..... public regarding when, in which event, and/or on what basis and condition the licence would be granted under the imports and exports (control) act, 1947 and the imports control older, 1955 and import control policy have no force of law.15. it is now necessary to notice a decision of the supreme court in east india commrl. co ..... senior counsel for the respondents 1 and 2 that the import and export policy declared by the central government exercising powers under section 3 of the import and export control act, 1947 has statutory force. as already stated, he relied upon a decision of the supreme court in east india commercial co. v. collector of customs : 1983 ..... force and the policy is merely an intimation to the public regarding the conditions under which the licence should be issued under the import and export control act and the import control order, 1955. according to the learned senior counsel, if the licence is issued, licencee has a right to import goods as mentioned in the said .....
Tag this Judgment!Court : Chennai
Reported in : 1998(1)CTC1; [1998(79)FLR97]
..... broo nath, : (1986)iillj171sc , o.p. bhandari v. indian tourish development corporation ltd., : (1986)iillj509sc ; m.k. agarwal v. gurgaon gramin bank, : [1987]3scr640 ; delhi transport corporation v. d.t.c. mazdoor congress, : (1991)illj395sc ; brig. s. ramachandran v. hydera ad allwyn metal works ltd. : (1996)iillj741sc ; workmen in canteen in s ..... to public policy as held by the apex court in the decisions reported in central inland water transport corporation ltd. vs . brojo nath, : (1986)iillj171sc and delhi transport corporation vs . d.t.c. mazdor congress, : (1991)illj395sc . it was also stated that the respondent-mills went before the board for industrial and ..... capacity, it is stated that the petitioners are given absolute discretion and authority to act and take decisions on matters which are assigned to their control including the power to grant leave to workmen working under their control or to issue warning memos and enforce discipline. four annexures have been filed with .....
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC486
..... by the learned counsel for the respondent to distinguish the judgment in jai prakash's case : 1993crilj303 , on the ground that the detention was under national security act, and there were more number of copies and relying on the decision in noorjehan sarver khan v. state of maharashtra .12. liberty of an individual being a ..... send one copy of the representation to the second respondent-central government, an authority competent to revoke the order of detention under section 11 of the cofeposa act in such circumstances.'discussing the factual aspects of the case, the court has further held thus:'....failure to send a copy of the representation to the second ..... detention are very vague and confusing and there is no material to indicate that he abetted the smuggling which offence is punishable under section 135 of the customs act. he further contended that five copies of the representation were given to the superintendent of central prison, madurai, with a request to forward the same to the .....
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