Court : Chennai
Reported in : (1976)ILLJ226Mad
..... the enquiry which is necessary to adjudge whether such accusations are true, proper and regular, would be a domestic one, in which certain charges of misconduct are levelled against the employee, and without violence to the principles of natural justice, a fair trial is held, and hereafter an ultimate conclusion is arrived at on the matter in issue. .....
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Reported in : (2002)ILLJ658Mad
..... has to be decided whether such charges so made by the employer are true, proper and regular, would be a domestic one, in which certain charges of misconduct are levelled against the: employee, and without violence to the principles of natural justice, a fair trial is held, and thereafter an ultimate conclusion is arrived at on ..... in the case before the supreme court the appellate authority has interfered with the order of discharge/dismissal of the respondent therein on the ground only that a domestic enquiry was not held into the imputations made against the respondent and he did not decide the application of the employer for recording evidence. ..... authority after noting the order of termination, particularly reason for termination of service of the second respondent is due to 'lack-lustre performance' and after holding the management had not conducted domestic enquiry to prove that the second respondent's performance was not satisfactory; set aside the order of termination of the second respondent by the management. ..... the writ petition is whether the appellate authority is right in setting aside the order of termination of the second respondent merely on the ground that there is no domestic enquiry to prove that his performance was not satisfactory9. ..... error in disposing of the application of the appellant for additional evidence and proceeding to dispose of the appeal on the ground that the order of dismissal having been passed without holding a domestic enquiry, was bad in law. .....
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Reported in : 1997(3)CTC590
..... it is alleged that they threatened them adopting violence, intimidation and other unethical methods with the active assistance of anti-social elements. ..... 4 who was appointed as an enquiry officer to conduct enquiry about the alleged incident of violence by the students has now resigned. ..... 4 as domestic enquiry officer is only illegal and contrary to article 226 of the constitution.4. .....
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Reported in : (2009)IIILLJ605Mad
..... it is not in dispute that the lock-out had taken place on 21.06.1985, whereas the suspension of workmen, on the allegation of indulging in violence, took place only on 02.09.1985, long after the lock-out. ..... in the petition filed, it was stated by the first respondent before the tribunal that the establishment had suspended its manufacturing activities from 21.06.1985 to 15.09.1985 in view of the riotous behaviour, indiscipline and acts of violence created by the respondents therein along with other workers. ..... the personnel officer of the first respondent, who was examined as m.w.1 himself has admitted the fact that there was lock-out since 21.06.1985 and according to him, the workmen, who had indulged in violence were suspended only from 02.09.1985. ..... it is further stated that on 24.06.1985, charges were framed against the workmen and written explanation was also called for from them, then a domestic enquiry was conducted. ..... had it been true, there could be no delay in taking action against the workmen, who had indulged in violence.11. .....
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Reported in : (2007)5MLJ135
..... submitted that it is always open to the authorities concerned to take appropriate action under section 11 of the prevention of cruelty to the animals act against the individual persons for causing violence or cruelty to the animals and that a total ban on the conduct of the traditional sport-events, which are peculiar to the state of tamil nadu, is illegal and unjustifiable ..... on the other hand, it is the claim of the 'animal-lovers'/animal welfare board that in such sport-events, the animals are subjected to violence and cruelty, which is a cognizable offence under the provisions of the prevention of cruelty to animals act, and further such sport-events involve high element of risk to the lives of the participants and the ..... events taking place in the villages of the tamil nadu since time immemorial and are considered to be part and parcel of the tamil culture and religion and, therefore, under the guise of 'violence/cruelty' to the animals, the conduct of such traditional sport-events should not be interfered with by the state. ..... general categorically stated that the state would take all possible steps to ensure that the animals are not subjected to any kind of violence/cruelty by any one either before or during the course of the said sport-events. ..... to note here, as was claimed by the appellants/petitioners, that these trained bulls are exclusively used for the performance of such sport-events and are not used for any other domestic purposes, such as ploughing, cart-pulling, etc. .....
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Reported in : AIR1922Mad200; 67Ind.Cas.514; (1922)42MLJ460
..... ' the account , which we are asked on plaintiff's behalf, to accept, is that this violence was used unreasonably to check a mere display of school boy high spirits, which was sanctioned by custom; and that, if defendant, as he says, before taking action, called to the class 'stop that' plaintiff could not and ..... eversley in his 'law of domestic relations' says that the right of the parent of chastisement is jealously watched by the courts and if the parent exceeds the bounds of moderation and inflicts cruel punishment upon the child he may be severely punished. ..... see schouler's domestic relations, 5th ed. ..... i may observe that the school-master cannot escape liability merely on the ground that chastisement administered to the pupil has not left on the pupil's body any marks of violence or injury. ..... and excessive in its nature or degree, or if it be protracted beyond the child's powers of endurance or with an instrument unfitted for the purpose and calculated to produce danger to life or limb; in all such cases the punishment is excessive, the violence is unlawful'.14. .....
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Reported in : (1964)1MLJ145
..... 1 to 3 are speaking to the strict truth of what occurred, and that the accused did use considerable violence towards his wife, following a quarrel, first with the broom (m.o. ..... 2 and 3 merely confirm the truth of the actual physical violence employed by the accused towards his wife, about which there is no doubt. ..... died on account of the beating administered by him the previous night, later, the accused made a judicial confession (exhibit p-10), in which also he has admitted the incident, in broad terms; only he would deny that he used all violence with the iron rod (m.o. 2).2. ..... as is well known, the true principle here is that the applicability of the exception has to be judged, in relation to the class of persons to whom it is applied, their general habits of living, speech, and domestic relations. .....
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Reported in : [2002(95)FLR817]; (2002)IIILLJ1149Mad
..... in the very same judgment, it has also been observed that the misconduct may relate to acts of violence against the management or other employees in or near the place of employment, would be conducive of grave indiscipline.10. ..... at the same time, the said victim had deposed in the domestic enquiry regarding the assault on him. ..... in the present case, the approach of the labour court has to be termed as perverse as regards the finding that there was no evidence of violence on the part of the second respondent. ..... out that the finding of the labour court to the effect that there was no evidence on record that velu was beaten by some persons, was a perverse finding considering that witnesses had been examined in the domestic enquiry. 8. .....
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Reported in : 1998(1)CTC195
..... it is further said that the defendant is indulging in acts of violence and is also attempting to trespass into the vacant portion of the property and therefore, a notice was issued terminating the licence on 21.7.1978, for which a reply was sent. ..... , and during the closure of the section of classes, the plaintiffs were at liberty to remove the benches, stools and furnitures from the class room and keep them aside by way of gaining sufficient space for domestic purposes of the plaintiffs, their relations and friends. ..... it is said therein that the school is being run only during day time and the building is in the possession of the owner and, therefore, electricity bills are to be charged for domestic purpose only. ..... it is also said that plaintiffs as owners of the building, are making periodical payment of tax due to the municipality and the building is in occupation for the plaintiffs for domestic residential purpose. ..... again the purpose of the letter is only that the consumption could be charged only as if it is for domestic purpose, i.e. ..... the tamil nadu electricity department is collecting consumption charges from the plaintiffs for making use of the property for domestic purpose. .....
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Reported in : [2008(119)FLR284]; (2009)ILLJ90Mad
..... petitions filed by the appellant holding that the workmen were not given proper opportunity to participate in the enquiry, and the enquiry was conducted in a manner which is neither fair nor proper, and thus, the domestic enquiry was quashed, and the appellant was permitted to conduct further enquiry by letting fresh evidence. ..... the material facts of the case, as alleged by the appellant, are that there was large scale violence on november 13, 2001 at the instance of workmen, and thereupon charge sheets were issued to all the workmen on november 17, 2001, but the workmen refused to accept the charge sheet. ..... we find that some features of the so called domestic enquiry are inconsistent with the principles of natural justice, and on the basis of which it is difficult for this court to come to a conclusion different from the one which was taken by the tribunal.6. .....
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