Court : Chennai Madurai
..... 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 ..... bench 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 ..... party is immaterial in a case like this. in case the marriage was solemnized under hindu law marital relationship is governed by the provisions of the hindu marriage act. therefore, section 19 has to be given a purposeful interpretation. it is the residence of the wife, which determines the question of jurisdiction, in case the .....
Tag this Judgment!Court : Chennai
..... by the petitioner/tenant. therefore, in respect of the construction cost is concerned as per the pwd rates rs.341/- is fixed for construction for ground floor in the year 2003. 16. the learned rent controller/appellate authority also states that the land value per ground in the area is rs.57,40,128/- whereas the tenant engineers considering the advantages ..... month from the date of filing of this petition to be paid to this respondent/landlord. challenging the said order of the rent controller, passed in rcop.no.1238 of 2003, dated 25.06.2004, this petitioner/tenant has filed an appeal in rca.no.967 of 2004 before the learned viii judge, court of small causes, chennai. 7. this ..... (prayer: civil revision petition filed under section 25 of tamil nadu buildings (lease and rent control act 18/1960 as amended by act 23/1973 and act 1 of 1980, against the judgment and decree dated 19.07.2011, passed in rca.no.967 of 2004 passed by the learned viii judge (rent control appellate authority) court .....
Tag this Judgment!Court : Chennai Madurai
..... costs. in the aforesaid suit, the revision petitioner has filed the above application in i.a.no.1333 of 2006 under section 73 of the indian evidence act 1 of 1872 as amended act iv of 2003 and section 151 c.p.c to send the declaration deed dated 22.8.2005 with admitted documents to the handwriting expert of forensic laboratory at chennai .....
Tag this Judgment!Court : Chennai
..... such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the companies (amendment) act, 1960. 12. it is relevant to point out at this juncture that the power and scope of section 446(2) has not been raised before the learned single ..... any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine including res judicata. (see ram chandra singh v. savitri devi and ors. (2003 (8) scc 319). 18. by relying on above judgments, learned senior counsel for the appellant has sought to contend that fraud and collusion vitiate entire proceedings and no ..... reported in (2016) 4 scc 791 (cited supra), the apex court has following the ratio laid down in (1986) 1 scc 133, (2005) 7 scc 605 and (2003) 8 scc 319, emphasized that any benefit or order obtained by fraud, collusion and conspiracy would vitiate the entire proceedings and such benefit has to stripped. (iv) in the decision .....
Tag this Judgment!Court : Chennai
..... be usefully extracted and the same runs as follows: 26. it is yet another submission of the learned counsel for the plaintiffs that in view of the amendment to section 18(1) of copyrights act, if a copyright was not in existence at the time of assignment, if in future due to advancement of scientific and technology any copyright came into ..... defendant got the telecast rights from m/s.shirdhisai creations, by an agreement dated 07.09.1993, for a valuable consideration and the same was extended upto 06.09.2003 and thereafter to 05.09.2028 by agreements dated 28.02.1998 and 06.01.2000 respectively. rajeevnath is the director of the said film and not the producer. ..... will devolve upon his legal heirs. in view of the said submission of the learned counsel for the plaintiff, it would be appropriate to extract section 18(1) of copyrights act. 18. assignment of copyrights (1) the owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any .....
Tag this Judgment!Court : Chennai Madurai
..... for the owner of the goods, the risk is required to be covered for the owner of the goods by section 147 (i) (b) (i) of the m.v. act as amended w.e.f. 14.11.1994. the deceased bhonu sahani @ upender sahani was travelling in the vehicle no. dl-1lh-1762 from kapashera to gazipur market to purchase fish. in ..... :- ''.....the person accompanying the goods or the owner of the goods were not covered by the terms and conditions of the policy. but by virtue of the incorporation of the amended provision the owner of the goods or the representative of the owner of the goods is statutorily covered. now it is the case of the claimant that he has been ..... insurance company was held liable. this court finds support from the ratio of this judgment delivered by the karnataka bench. 5. a reading of section 147 of the motor vehicle act in fact clearly shows that if the death or injury has occurred to any person including the owner of the goods or his authorized representative in the vehicle, insurance company .....
Tag this Judgment!Court : Chennai Madurai
..... 29 is characterized as a floating exemption , the exemption under section 30 has been described as fixed exemption which can be withdrawn only by way of an amendment to the act and not depend upon any notification by the government. 8. as against the submissions made by the learned counsel for the appellant, the learned counsel for ..... singhreported in air 1996 4 sc 358. in that case, the learned single judge held that the contention that the petitioner society got dissolved on 10.12.2003 was found unsustainable in view of the fact that the gazette notification in respect of the society in question was not issued as contemplated under the provisions of ..... of civil procedure code, praying against judgement and decree dated 16.11.2004 and passed in a.s.no.81 of 2003 by the hon'ble principal district judge, virudhunagar district at srivilliputhur reversing the judgment and decree dated 09.07.2003 and passed on o.s.no.170 of 1999 by the hon'ble additional district munsif, srivilliputhur. prayer .....
Tag this Judgment!Court : Chennai
..... an additional written statement containing several new facts, other than what has been already adverted to by him in the written statement, after the suit had been amended vis-a-vis impleadment of the second defendant, inasmuch as he has set forth new set of facts in the additional written statement, the same was challenged ..... decisions and taken into consideration and followed as applicable to the facts and circumstances' of the present case. similarly, the plaintiff's counsel relied on the decisions reported in 2003 (4) mh.lj 134 : 2004(2) bcr 361 (asudamal v. kisanrao), air 2004 supreme court 4472(1) (p.d'souza v.shondrilo naidu), air 1998 ..... first defendant and his brother had been enjoying the properties of marappa gounder separately, it could be seen that, as per the provisions of the hindu succession act, 1956, palaniappan and his brother arthanari gounder had been enjoying the properties allotted in their favour, as per the arrangement made amongst themselves separately and also, .....
Tag this Judgment!Court : Chennai Madurai
..... . interestingly, section 41 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 makes amendments in three acts the companies act, the securities contracts (regulation) act, 1956, and the sick industrial companies (special provisions) act, 1985. it is of great significance that only the first two acts are included in section 37 and not the third i.e. the sick industrial companies ..... give way to the measures taken under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 more particularly referred to in section 13 of the said act, and that this being the case, the sale notices issued both in 2003 and 2013 could continue without in any manner being thwarted by section 22 of the sick industrial companies .....
Tag this Judgment!Court : Chennai
(prayer: civil miscellaneous appeal filed under section 173 of the motor vehicles act 1988, amended by m.v. (amendment) act 1994 against the judgment and decree dated 28.09.2001 made in m.c.o.p.no.120 of 2000 on the file of the motor accidents claims tribunal, (additional .....
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