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Judgment Search Results Home > Cases Phrase: durgah khawaja saheb act 1955 amending act i durgah khawaja saheb amendment act 1964 Court: chennai Page 1 of about 10 results (0.117 seconds)

Jun 19 2014 (HC)

K.S.Sharfudeen Vs. 1.Union of India,

Court : Chennai

..... ali, air1961sc1402 a writ petition under article 226 was filed by the khadims of tomb of khawaja moin-ud-din chishti of ajmer, challenging the vires of durgah khawaja saheb act xxxvi of 1955. ..... was contended before the supreme court that the 2011 amendment act had the effect of bringing back section 14 of the 2010 act which was earlier declared ultra vires by the high ..... to the explanation inserted under section 15(1) by way of the wakf (amendment) act, 1984 to the wakf act, 1954 and also after referring to the explanation under section 32(1) under the 1995 act, the division bench of the andhra pradesh high court, held in paragraph 29 of the judgment that the schemes framed under sections 92 and 93 of the code of civil procedure are in no way affected on account of the enactment of 1954 act. ..... of objects and reasons of the wakf act, 1995, shows that the attempts to revamp the working of the wakf act, 1954 in the year 1984 by way of an amendment, met with stiff resistance. ..... but the provisions of the wakf (amendment) act, 1984 could not be enforced, on account of very ..... one of the opposition to the amendments proposed under the 1984 act was that the wakf board itself was made subordinate to the wakf commissioner who was conferred with ..... of tamil nadu vs.k.shyam sunder, (2011) 8 scc737the question that came up for consideration before the supreme court was about the striking down of section 3 of the tamil nadu uniform system of school education (amendment) act, 2011 by the high court. .....

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Jul 17 1973 (HC)

The Madras State Wakf Board, Madras Vs. Khazi Mohideen Sheriff

Court : Chennai

Reported in : AIR1974Mad225

..... introduced by the above madras act has since been incorporated in the central act by the central act 34 of 1964 by the introduction of section 66-c. ..... by a non-muslim, even if the purpose of dedication is one contemplated under section 3(1) of the act would not be wakf; and a dedication by a non-muslim can be wakf only if it comes ..... given or donated by persons not professing islam for support of certain wakfs--notwithstanding anything contained in this act where any movable or immovable property has been given or donated by any person not professing islam for the support of a wakf being (a) a mosque, idgath, imambara, dargah khangah or a maqhara; ..... act), shall include all property given or endowed by any person professing any religion other than islam for the support of--(i) mosque, idgahs, imambaras, dargahs, khangahs or maqbaras; (ii) graveyards of persons professing islam; and (iii) choultries for, or musafarikhanas for, the benefit or persons professing islam; and the term 'wakf' defined in the clause aforesaid shall include any person aforesaid'.this amendment ..... act, 1961, madras act 19 of 1961, the term 'wakf' as defined by the central act was amended ..... amendment of the definition of the word 'wakf' was by the madras act 19 of 1961 and that has now been incorporated in section 66-c of the central act .....

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Oct 26 2016 (HC)

Advocates' Forum for Social Justice rep. by its President, Mr. K. Balu ...

Court : Chennai

..... the learned judge pointed out that all the consequences suggested on behalf of the petitioners as flowing out of the working journalists (conditions of service) and miscellaneous act, 1955, namely, 'the tendency to curtail circulation and thereby narrow the scope of dissemination of information, fetters on the petitioners freedom to choose the means of exercising the right, likelihood of the independence of the press being undermined by having to ..... zora singh case, (1992) 1 scc 673 to apply on its own force to matters in which acquisition proceedings were initiated prior to the commencement of the amending act and were pending on the date of said commencement. 63. ..... in the said decision, the question raised was as to whether section 23(1-a) as inserted by the land acquisition (amendment) act, 1984 would have retrospective applicability. ..... while considering the application under section 20 of the act, the provisions of the act, as amended in 1987, have to be applied? ..... in the said decision, the question raised was as to whether section 23(1-a) as inserted by the land acquisition (amendment) act, 1984 would have retrospective applicability. ..... (3) while considering the application under section 20 of the act, the provisions of the act, as amended in 1987, have to be applied? ..... zora singh case, (1992) 1 scc 673 to apply on its own force to matters in which acquisition proceedings were initiated prior to the commencement of the amending act and were pending on the date of said commencement. 63. .....

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Jan 21 1995 (HC)

K.V. Jaisingh Vs. C.R. Govindaswami Chettiar (Died) and ors.

Court : Chennai

Reported in : (1995)1MLJ540

..... and fittings, including subsidiary and incidentally, though necessarily, the structure of brick and mortar; and(b) whether the cinema, to fall within the exclusionary clause added by the amending act, must be actually a going concern with all the licences for showing films and running the theatre being in the name of the lessor. ..... renewal for the 'c' form licence saying that the lease expired on 30.9.1975 and that it was of a composite nature not falling within the purview of the tamil nadu buildings (lease and rent control) act 1960, and that on the expiry of the lease, the lessee could not claim to be in lawful possession of the property and that therefore, the requirement of rule 13 of the tamil nadu cinemas ..... 1st defendant, it can be safely concluded that what was leased out to the 1st defendant was not a running cinema industry or business to attract section 30(iii) illustration (2) of the act and that the suit property is only land and building and some trivial and minor items of articles, which are not usable for running a cinema industry or business in the suit property. ..... where the licensing authority under the madras cinemas regulation act, 1955, is not satisfied that the applicant for licence is in lawful possession of the building within the meaning of rule 13 of the madras cinemas regulation rules, 1957, ..... 1849 of 1964 on the file of the city civil court, madras, for rendition of accounts and for removal of the 1st plaintiff from the office of the trustee and manager the .....

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Dec 01 2015 (HC)

Indra Vs. B.G. Giri

Court : Chennai

..... . perumayee ammal and others, air 1965 mad 139 : ilr ( 1964) 1 mad 845 77 mad lw 548 : (1964) 1 mad lj 122 referred to (ii) section 10 of the hindu marriage act, 1955 and section 18 of he hindu adoptions and maintenance act, 1956 are quite distinct and one cannot be said to control the ..... supreme court also observed that it is futile for the husband to claim that by the withdrawal of allegations unilaterally by him by filing an application for amendment of the written statement has wiped out completely all those allegations for all purposes. ..... the learned counsel for the respondent submitted that the dismissal of application for amendment to insert the ground of cruelty on the basis of the alleged false imputation made against the appellant in the counter of the respondent precluded the appellant from raising the ground of ..... otherwise the rules of pleadings and the provision for amendment of pleadings for deciding the real question in controversy between the parties will become ..... it is quite obvious that section 18 of the maintenance act does not amend or abrogate the provisions of section 10 of the hindu marriage act ..... the husband sought to withdraw those allegations by amendment of the written statement. ..... the amendments carried out subsequently will not absolve the husband from being held liable for having treated the wife with cruelty by making earlier such injurious reproaches and statements due to their impact ..... the amendments were allowed and were actually carried out by the trial .....

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Jun 13 2016 (HC)

R. Gowrishankar Vs. The Commissioner of Service Tax (Appeals)-I, Chenn ...

Court : Chennai

..... is a settled legal position that the law of limitation has not been enacted for the purpose of defeating the rights of the parties and if a person has not been diligent and acted in a mala fide and with deliberate intention presented the appeal belatedly for certain other reasons, then, it would be a case, where, the court would not exercise discretion in condoning ..... (p and h), on the facts and circumstances of the case, a hon'ble division bench of punjab and haryana high court, at paragraph 14, held as follows: we are conscious of the prohibition enacted by section 35f of the act against condoning delay beyond 30 days, but proceed to consider whether the dropping of similar show cause notices, served upon the petitioner, is sufficient to issue a writ in favour of the petitioner. 28. ..... appearing for the 3rd respondent therein has submitted that in view of the plain language of the proviso to section 125 of the electricity act, the supreme court has no power to extend the period for filing an appeal beyond 120 days and if the provisions of the limitation act is invoked, it would negative the legislative intent, which prescribed special limitation, for filing an appeal against any decision or order of the ..... by virtue of the 8th amendment act 1986 which came into effect on 15/12/1986, the high court may within a further period of forty-five days, admit a petition preferred after the expiration of the said period of ninety days, if it ..... baghel reported in air 1964 sc 1099, hukamdev narain .....

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Jan 12 2017 (HC)

P.H.C.M. Gandhi, President Rica Employees Union (AITUC) Vellore Vs. Th ...

Court : Chennai

..... letter stated supra has stated that the board of management of regional institute of correctional administration, vellore, in its 56th meeting held at vellore on 28.8.99 has instructed the director to incorporate the modification amendments in the draft service rules, and also instructed the director to take necessary action to get the approval of the draft service rules of the regional institute of correctional administration, from the ..... the competent auhtority, inter alia, to regulate the service matters and pay scales of staff, to revise and fix the terms and conditions employment, to alter and amend rules to regulate the functioning of the institute in any manner it may decide and as per the apca service rules and resolutions of the board of ..... and regulations of the regional institute of correctional administration set up at vellore by the four participating states and registered as the society under section 27 of the tamil nadu societies registration act, 1975, clause 12, the appointment to various posts shall be made by selection from the services of the correctional departments including prison departments of the four southern ..... 87. government of andhra pradesh have issued g.o.ms.no.147, finance (hrm iv) department, dated 30.06.2014, amending section 3 of the andhra pradesh public employment (regulation of age of superannuation) act, 1985, stating that every government employee shall retire from service on the afternoon of the last day of ..... parte boulton (1964) 2 ..... .....

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Aug 11 2016 (HC)

Aircel Cellular Ltd. and Another Vs. Union of India, Thro' Secretary, ...

Court : Chennai

..... usage of the spectrum by the petitioners having been on the premise that they have been paying all the charges as envisaged under the licence agreement as also the further amended migration package, which was on a mutual understanding, the levy of otsc in an arbitrary and unreasonable manner by dot is against the constitutional obligations imposed on the ..... by the supreme court in harinarayan jaiswal's case (supra), the central government, being the seller has exclusive right to deal with the privileges flowing from section 4 (1) of the telegraph act and once the exclusive privilege of the central government is conceded, violation of articles 14 and 19 (1) (g) cannot be pressed into service by persons citing fundamental right to trade ..... arises for determination in this batch of writ petitions is -- whether the first proviso to section 4 of the indian telegraph act gives unbridled powers to dot to claim a share of revenue from non-telecom activities vide the definition of 'adjusted gross revenue', forming part of the amended licence agreement in no.842-2/2000-vas (vol.iv) (part) dated 25.9.01 and whether such a power is violative of ..... the adjudication, vide show cause notice dated 12.10.2012, while alleging violation of clause 9 and condition 15.7 of the license agreement as well as conditions of license amendment regarding transfer/assignment dated 2.6.03, called upon acl to show cause within 60 days as to why penalty of rs.10 crore should not be imposed and/or the license ..... ( .....

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Jan 21 1960 (HC)

Abdur Rahim Vs. State of Madras (Secretary, Industries, Labour and Co- ...

Court : Chennai

Reported in : (1961)IILLJ213Mad

..... :plainly, a regulation which has the effect of denying or unreasonably curtailing the common right to engage in a lawful private business, such as that under review, cannot be upheld consistent with the fourteenth amendment....the opportunity to apply one's labour and skill is an ordinary occupation with the proper, regard for all reasonable regulations is no less entitled to protection.the decision declaring the statute invalid was rested on ..... his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any beedi industrial premises and includes:(i) a proprietor or a registered user of a trade mark registered under the trade marks act, 1940 (central act v of 1940), in relation to beedi; and (ii) any other person to whom the affairs of any beedi industrial premises are entrusted (whether such other person is called a managing agent, manager, superintendent or by any other ..... if it were otherwise doubtful, that mere stock ownership in a corporation, owning and operating a drug store, ban have no real or substantial relation to the public health; and that the act in question creates an unreasonable and unnecessary restriction upon private business.what then the case decided was not that there could be no restriction in regard to a business but the restriction imposed, ..... rajagopalan : [1955]2scr541 , the supreme court approved the principle laid down by the aforesaid decisions, and held that previous material which led up to a particular .....

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Sep 26 1968 (HC)

Minor Dorairaj Also Called Karuppiah Pillai Alias Aiyaswami by His Nex ...

Court : Chennai

Reported in : (1969)1MLJ348

..... the plaintiff understands that the 1st defendant has been absent from india in malaya from 17th march, 1947 to 19th may, 1948, 25th august, 1948 to 29th june, 1952 and from 20th january, 1955 to 24th december, 1956 both days; inclusive.the written statement does not specifically traverse this and hence under order 8, rules 3 to 5 the first defendant must be deemed to have admitted the periods ..... the following documents shall be registered, if the property to which they relate is situate in a district in which and if they have been executed on or after the date on which, act xvi of 1864 or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877 or this act came or comes into force, namely:(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title ..... the head-note correctly sums up the position:the plaintiff being in england, filed a bill for an account against the executors of a deceased partner, some of whom were in england, but acting in concert with the others, who were in jamaica; the partnership property being also in jamaica;--held, upon a plea to the jurisdiction by the executors resident in jamaica,, that the suit was properly instituted ..... saheb ..... (1964) 1 mad 611, the question was one of limitation in a suit on a mortgage executed and registered in burma in respect of properties there by persons 'who were of indian ..... (1964) .....

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