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H.H. Rijhwani Vs. N. Venkat Ramani and Either Others

Court : Chennai

Reported in : 1999(2)CTC13a; (1999)3MLJ750

..... this requirement is consistent with the principle, that a party to a suit, who is being restrained from exercising the right which such party claims to exercise either under a statute or under the common law, must be informed why instead of following the requirement of rule 3, the procedure prescribed under the proviso has been followed. ..... with the consent of the learned counsel appearing for either side in both the revision petitions, the revision petitions are taken up today for final disposal and they are disposed of.2. .....

Pathaperumal Chetti Vs. Murugandi Servaigaran and ors.

Court : Chennai

Reported in : (1895)ILR18Mad466

..... [1] [section 158: if any party to a suit to whom time has been granted fails to produce hiscourt may proceed not- evidence, or to cause the attendance of his witnesses, or towithstanding either party perform any other act necessary to the further progress of thefails to produce evidence, suit for which time has been allowed the court may not with-&c. ..... now the rejection of a suit to operate as a bar to the entertainment of a subsequent suit on the same cause of action must rest either on a statutory prohibition similar to that contained in section 103, civil procedure code, or on the principle of res judicata. ..... and even this decision apart, it appears to me that the real effect of a failure to produce a certificate in either case, whether such production should take place at the institution of a suit or at some later stage, is to prevent a court from pronouncing on the merits so as to render its decision an adjudication having the force of res judicata. .....

Daramma and ors. Vs. Mariamma and ors.

Court : Chennai

Reported in : (1913)24MLJ397

..... ; wells and tanks formed; expen-sive buildings erected; trees planted, &c;) were disallowed in part :on appeal before the principal sadar amin, the claim for improve-ments was altogether disallowed on the ground of absence of either(1) contract or (2) consent on the other part : in special appeal tothe high court, the claim for compensation was decreed--the learnedjudges holloway (at that time acting as chief justice) and kinders-ley (who bad served ..... we are unable to agree with either of the lower courts that there is anything in the language of the mortgage instrument or exhibit a to indicate that the intention of the parties was that the mortgagee should forego any claim to the value of improvements, if he was .....

Mrs. S. Bagavathy Vs. State of Tamil Nadu, Rep. by Its Secretary, Law ...

Court : Chennai

Reported in : 2007(2)CTC207

..... the other predominant contention is that the impugned legislation suffers from want of legislative competency of the state government as the subject matter in question relates either to the regulation of the trading corporation, including banking, insurance and financial corporation, or relating to the regulation of corporations, whether trading or not, falling within the field of legislation of the union of india under entries 43 or 44 of the list i of ..... the above public deposits, however, are either siphoned or diverted mala fide in the hands of financial establishments. ..... these depositors belong to either poor or middle-class; retired government servants and pensioners; dependents or driven out by wards; senior citizens or economically weaker sections; and so on. .....

Srm University Vs. the Government of India and anr.

Court : Chennai

..... it may be a case where after receiving the proposal from an institution, the university grants commission has appointed its expert committee and the committee's report either has not been received or after receiving the committee's report, the university grants commission had no occasion to decide by passing resolution and if the process was pending at that stage, the same has to be ..... reason that the government can take a decision regarding such permission only in the overall interest of education in the country as a policy and cannot go against the expert's opinion given at various levels, either by the medical council of india or all india council for technical education, including the university grants commission.36. ..... seeking declaration as an institution deemed to be university or seeking approval for establishing off-campus centres/off-shore campus(es) or inclusion of off-campus centres in the ambit of the institution deemed to be university), which are either pending/in process in the commission or have been received by the central government, shall be governed by these regulations."40. ..... it has not entered into any franchise agreement, either overtly or covertly, with any other organization for establishing and running the off-campus centre/off-shore campus of the institution deemed ..... air 1978 sc 851, wherein regarding the binding nature of such decision and the fact that the authority cannot go back by explaining either by affidavit or otherwise, it was held as follows: "8. .....

Sarasamma Vs. G. Pandurangan and Others

Court : Chennai

..... over and above that, when that witness ventures to speak about one other attestor's role, then he must be able to say similarly that the deceased attesting witness, either saw the testator signing the will or got acknowledgment from the testator; the testator signed the will and whereupon the deceased attesting witness attested the testator's signature in the presence of the ..... , the defendant-pandurangan alone is entitled to succeed to the family properties of his deceased father r.gopal naidu, either acquired or self-acquired through the income from self-acquired property by way of sale of the joint family ..... the plaintiff-sarasamma only claims her right through the will executed by the deceased gopal and the will having not been proved by her, she has no right, interest or title either over the suit properties or the properties of the deceased r.gopal or even the properties of the defendant-pandurangan ..... of the evidence act can only be requisitioned when the attesting witnesses who have been called failed to prove the execution of the will by reason of either denying their own signatures or denying the signature of the testator or having no recollection as to the execution of the document. ..... 1 and 2 in tr.c.s.no.889 of 2009 filed additional written statement, reiterating the averments made in the written statement filed by them and further stating as follows: (a) the amended plaint copy is not maintainable either in law or on facts and the same is liable to be dismissed in-limine. .....

R. Ramachandran Vs. G. Hariharan

Court : Chennai

Reported in : (2001)2MLJ417

..... , [i] the appellant has not disputed the genuineness of the 1975 will; [ii] the testator had not bequeathed any property under either of these two wills to the appellant or to his brother kasi viswanathan. ..... but however, the appellant has not made a statement either in the affidavit or in the reply affidavit that the paper publication did not come to his notice or knowledge, for some reason or the other. ..... ,' but it was argued on behalf of the appellant that that stage had not yet arrived and that it would be open to the appellant after obtaining an order or revocation of the grant to show that the will was either not genuine or had not been validity executed. ..... the court may refuse to grant annulment in cases where there is no likelihood of proof being offered that me will admitted to probate was either not genuine or had not been validly executed. ..... according to the appellant no notice either through court or privately was received by him. ..... the applicant is not a beneficiary either in the first will or in the second will. ..... , either in the letter dated 8.6.1991 or in the affidavit filed before this court in application nos. ..... either through court or privately and that he came to know of the impugned will and the order granting probate only on 20.12.1999.16. .....

The Management of M.R.F. Ltd., Rep. by Its Chairman and Managing Direc ...

Court : Chennai

Reported in : 2008(2)CTC359; [2008(117)FLR751]; (2008)IILLJ162Mad; (2008)2MLJ161

..... novartis india limited : (2007)iillj837sc held inter alia that in the facts and circumstances of the case, the first respondent has got a cause of action to challenge the order either in chennai or at goa under the respective shops and establishments acts, and consequently set aside the order of the second respondent and remitted the matter back to the second respondent for fresh disposal on merits. ..... on a charge of misconduct supported by satisfaction evidence recorded at an enquiry held for the purpose.under section 41(2) of the act, the person employed shall have a right to appeal to such authority within the time that may be prescribed either on the ground that there was no reasonable cause for dispensing with his services or on the ground that he had not been guilty of misconduct as held by the employer.10. ..... the expression 'cause of action' has sometimes been employed to convey the restricted idea of facts or circumstances which constitute either the infringement or the basis of a right and no more. ..... verghese, office manager in the district office, mumbai/4th respondent herein, came to the depot and asked from him a letter of resignation saying that the company has lost confidence in him and asked him either to resign or to face the consequences. .....

Jolen Inc., Rep. by Its Constituted Attorney, Mr. A. Arulselvan Vs. Mr ...

Court : Chennai

Reported in : (2004)3MLJ176; 2005(30)PTC385(Mad)

..... we therefore hold that the appellant has established its prima facie case that it is has reputation and goodwill and its reputation spilled over in the country either on the basis of availability of its goods in india or the availability of the information regarding its products in india and thereby the appellant has prima facie established that there is trans-border reputation. ..... significance and where the infringement took place partly in one jurisdiction by way of advertisement and the rest in another jurisdiction by marketing the product, then, the registered owner of the trademark can maintain the suit either at the place where the cause of action arose partly or wholly which includes the place of registration, advertisement or marketing. 19. ..... 's products on his or her visit to india would be easily misled by the respondents' products as that of the appellant's goods or it is possible to visualize the case of persons going abroad and bringing with them the appellant's goods to india either for their own use or to offer as gifts to the relatives and friends in india. ..... another principle that must be borne in mind is that either in the case of infringement or passing off action, the court is concerned not only with the rival claims between the plaintiff and the defendant, but it should also take note of the interest of the consumer .....

Chennai Container Terminal Pvt. Ltd. Vs. Union of India (Uoi), Rep. by ...

Court : Chennai

Reported in : 2007(3)ARBLR218(Madras); (2007)3MLJ1

..... only a party, who is competent to refer the matter for arbitration alone can go before the court invoking the provisions of section 9 of the act seeking interim relief either before or during or after the arbitral award was passed, but before the same was executed. ..... as far as section 9 of the arbitration and conciliation act 1996 is concerned, the court has been empowered to grant interim relief either before or during arbitral proceedings or even after the making of the arbitral award, but, before it is enforced. ..... a non party,' who has no privity of contract, cannot intervene either in the arbitral proceedings or in the further proceedings that culminated from the arbitral award. ..... as per the scheme of the arbitration and conciliation act, 1996, it is only a party to arbitration agreement who can either refer or defend the dispute referred to the arbitral tribunal. .....