Court : Chennai
..... writings and examine the same by application of recognised principles and by critical tests which in most cases cannot be conveniently conducted before the court.'' 38.section 73 of evidence act contemplates that in order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, ..... is obvious to note here that rule-10 (a) has been inserted in order 26 c.p.c., as a consequence of amendment in section 75 wherein clause (e) to (g) have been inserted by c.p.c. amendment of 1976. 17. from the provisions of rule 10(a), it is clear that a discretion has been vested in the ..... to the accused to give specimen writings for anticipated necessity for comparison in a proceeding which may later be instituted in the court. further, section 73 of the evidence act makes no distinction between a civil court and a criminal court.'' 34.this court has gone through the above cited decision with due care and caution and on considering .....
Tag this Judgment!Court : Chennai Madurai
..... are not omitted because of administrative delay." 13. the first respondent, vide g.o.ms.no.124, health and family welfare (a1) department, dated 10.06.2003, had brought forth amendments to the special rules for the tamil nadu medical services, in section 21 in volume ii of the tamil nadu service manual, 1969 and also indicated that it shall ..... writ petitioner may be positively considered as she will be the senior most medical officer in the civil medical list and the first respondent need not be influenced by the act of the appellant/writ petitioner in filing the writ petition as well as this writ appeal as she has exercised her legal and constitutional right. 9. per contra, mr ..... herself forwarded the proposal for filling up the vacant post of director of medical education, vide her letter dated 30.12.2015 to the first respondent and the said act cannot be termed as a fair one as she herself be the judge of her own cause. 6. it is the further submission of the learned counsel for the .....
Tag this Judgment!Court : Chennai
..... amount for the entire period of default. the said percentage i.e., 2% of interest as stood originally has been subsequently amended by tamil nadu act 13 of 2008 which came into effect only from 01.09.2010. therefore, as far as the petitioner's case is concerned ..... by the petitioner by filing the cma as set out above in the year 2004 as against the order dated 28.3.2003 passed by the first respondent in the first round under section 47 a (10) and the same has been mentioned in ..... disposed and a market value was fixed by the appellate authority, namely, the first respondent in the first round on 28.03.2003. as against the said order of the first respondent, the writ petitioner preferred further appeal under sub section (10) before this court ..... at rs.1884/- per sq.ft, and was pleased to set aside the said order of the first respondent dated 28.03.2003 and remanded the matter back to the first respondent for fresh consideration and directed to complete the said consideration and pass orders within .....
Tag this Judgment!Court : Chennai
..... the report submitted to the claims tribunal under sub-section (6) of section 158 can be treated as an application for compensation under the mv act. if required, in appropriate cases, the court may permit amendment to the claim petition." from the above said ratio of the hon'ble apex court, it is clear that the tribunal/high courts can ..... it proper to enhance the compensation from rs.1,89,440/- to rs.6 lacs. this approach is in tune with the judgment in nagappa v. gurudayal singh (2003) 2 scc 274. in that case, the court considered a similar issue, referred to the judgments of the bombay high court in municipal corporation of greater bombay v. ..... haryana high court in devki nandan bangur v. state of haryana 1995 acj 1288 (pandh) and observed: "for the reasons discussed above, in our view, under the mv act, there is no restriction that the tribunal/court cannot award compensation amount exceeding the claimed amount. the function of the tribunal/court is to award "just" compensation which is .....
Tag this Judgment!Court : Chennai Madurai
..... accepted the plea of plaintiff. the suit for injunction when title is seriously in dispute, may be objected to and the plaintiff could have been given an opportunity to amend the plaint. the defendant has not even raised any objection in the written statement filed by him. further, having regard to the nature of relief and fact that ..... , is the appellant in this appeal. 2. the first respondent in this appeal, who is the plaintiff, has filed a suit in o.s.no.107 of 2003 for permanent injunction restraining the defendants from in any way interfering with the plaintiff's peaceful possession in the suit common lane and for mandatory injunction directing the second defendant ..... relief of declaration? 2)whether the court below is right in entertaining the suit in the absence of pre-suit notice under section 231 of the tamil nadu panchayat act? 3) whether the courts below are right in allowing the suit when the plaintiff has no right to sue in his individual capacity?" 9. the learned counsel for .....
Tag this Judgment!Court : Chennai
..... 00,0002,00,000 equity sharesrs.2,00,00,00020,00,000 equity shares21.4rs.36,00,0203,60,002 equity sharesrs.36,00,2003,60,020 equity shares34.3293(1)(d)180(1)(c)47.57.601-04-1201-04-1201-04-1501-04-15511section 81(1a) ..... s.2(1b) of the income tax act, 1961. the amalgamation is in the nature of merger as defined in para 3(e) of the accounting standard (as) 14 as ..... and 94 or any other provision of the actsection 62(1)(c)s.13, 14, or 61 or any other provision of the companies act, 2013615...the amalgamation of the transferor company with the transferee company in accordance with this scheme will be in compliance with the provisions of ..... the prayer made in the application is allowed. 7. the applicant will file an amended scheme within one (1) week from the date of receipt of a copy of the order passed today. 8. the amended scheme will be served on the rd, as well as the official liquidator. 9 .....
Tag this Judgment!Court : Chennai
..... do so. 5. the petitioner would further state that the customs department has issued a notice dated 11.08.2016 under section 48 of the customs act, 1962 (as amended) requiring the petitioner firm that the consignment ought to have been cleared within 30 days and hence there is a threat of the consignment being sold by ..... cannot be done here and it should have to be done only in the exporting country and the epidemiological status of the exporting country. in fact, after the amendment all the importers are producing the original health / sanitary certificate from the competent authority of the exporting country. in fact the very same importer, the petitioner herein, ..... against the officials, that was a mistake committed by the officials on the earlier occasion. they ought to have brought to the notice of the court the subsequent amendment made in may, 2015 where it is made mandatory to produce the original health certificate from the originating country. furthermore, it is not the case of the .....
Tag this Judgment!Court : Chennai Madurai
..... of madras high court, has observed as below:- ''18. it is true that section 19 of the hindu marriage act, has been amended by insertion of proviso of (iii)(a) to section 19. of course, this amended section 19(iii)(a) gives special preference to the wife to file a petition or defending the case of the husband ..... in the matter of initiation of matrimonial proceedings. the report submitted by the law commission as well as national commission for women, underlying the need for such amendment so as to enable the women to approach the nearest jurisdictional court to redress their matrimonial grievances, were also taken note of by the government. therefore such ..... the contention of the respondent is that out of the wedlock, a female child was born to her on 09.12.2003 and due to misunderstanding between the petitioner and respondent, the petitioner has committed an act of cruelty and the respondent was forced to leave the matrimonial home. subsequently, the respondent filed a petition for restitution .....
Tag this Judgment!Court : Chennai Madurai
..... suit and third respondent herein was impleaded as the legal representative of second respondent. the second respondent though died during pendency of suit, the cause title appears to be amended only before this court. 7. at the time of admitting the second appeal, the following substantial questions of law were framed: (1) whether the courts below are ..... the binding precedents on this point. (1) ramasesha iyer v. c.v.ramanujachariar reported in air 1935 madras 458. (2) asha sharma v. amar nath reported in air 2003 hp 32. (3) v.ponramu v. b.usharani and 3 others reported in(2009) 1 mlj 126. (4)balamani and another v. s.balasundaram reported in(2009) 4 ..... favour of the appellants by holding that the plea of benami is available in respect of a transaction which was prior to the commencement of benami transaction (prohibition) act, 1988, the first defendant has not established the transactions in respect of items 1 and 2 as benami transactions by proper evidence. both the courts have also gone .....
Tag this Judgment!Court : Chennai
..... notice about the cancellation of the patta in the above said suit. even thereafter, it has not been explained, as to why, the plaintiff has not sought for amendment of suitable reliefs in the said suit, particularly, with reference to seek declaratory relief or mandatory injunction in the said suit, as against the cancellation of patta. to ..... as to how the present suit could have been laid by the plaintiff seeking the relief of mandatory injunction without exhausting the legal remedies available to him under the act as against the order of cancellation of patta by the defendants. 13. the plaintiff's counsel vehemently contended that the courts below erred in holding that the ..... his case. in such circumstances, the contention that the courts below had solely rejected the plaintiff's case under section 14 of the tamil nadu patta pass book act cannot be countenanced. 15. the plaintiff's counsel further contended that in the suit in o.s.no.88 of 2000, the court has held that the cancellation .....
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