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Dsq Software Ltd. Rep. by Its Director, Mr. S.K. Agarwal, Vs. the Spec ...

Court : Chennai

Reported in : (2007)6MLJ1269

..... in order to maintain a writ petition, a writ petitioner has to establish that a legal right claimed by him has prima facie either been infringed or his threatened to be infringed by the respondent within the territorial limits of the court's jurisdiction and such infringement may take place by causing him actual injury or threat thereof.8. ..... 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. ..... (c) the tribunal failed to note that even a cursory reading of the allegations made against the company as well as the directors of the company would show that there was no infraction either of the fera or the fema. ..... heard the submissions made by the learned counsel on either side. ..... the respondent had entered appearance and we have heard the learned senior counsel on either side. .....

Airports Authority of India, Rep. by the Airport Director Internationa ...

Court : Chennai

Reported in : (2006)4MLJ1088

..... in relation to a non-instrument runway, means the area in the shape of an isosceles trapezium having the longer parallel side 1800 meters long (900 meters on either side of the extended centre line of the runway) and smaller parallel side 180 meters long (90 meters on either side of the extended centre line runway), where the smaller and longer parallel sides are placed at a distance of 50 meters and 6540 meters, respectively from the ..... funnel -(i) in relation to an instrument runway, means the area in the shape of an isosceles trapezium having the longer parallel side 4800 meters long (2400 meters on either side of the extended centre line of the runway) and small parallel side 300 meters long (150 meters on either side of the extended centre line of the runway) where the smaller and longer parallel sides are placed at a distance of 60 meters and 15060 meters respectively ..... the authority and several reminders have been issued to the national highways authority, electricity board, municipal authorities and the local bodies concerned to take early action for removal of the hoardings erected on either side of the stretch of nh-45, starting from kathipara junction to pallavaram. ..... secondly, apart from the above topographical deficiency, on the either side of nh-45, starting from kathipara junction and pallavaram, several advertisement hoardings of gigantic heights, fitted with bright focusing lights for illumination (herein after referred to as 'the false lights') have been erected by .....

M/s. Sun TV Network Ltd., Represented by its Managing Director K. Vija ...

Court : Chennai

..... made by the respective learned senior counsel appearing for the petitioners and the learned additional solicitor general, appearing for the respondents and also the judgments relied upon by the learned counsel on either side, it could be seen that the petitioners herein have filed two sets of writ petitions. ..... the issue involved in all these writ petitions are common, at the request of the learned senior counsel appearing on either side, the writ petitions were taken up together and disposed of by this common order. 2. ..... by the process, commonly described as lifting the veil , the law either goes behind the corporate personality to the individual members or ignores the separate personality of each company in favour of the economic entity constituted by a group of ..... agencies (air 1989 sc 1239), laid down that either the agreement ousting jurisdiction of some courts and confining the jurisdiction to one or more courts should use the words like 'alone', 'only', 'exclusive ..... of the admitted share pattern by the petitioners before this court, the companies cannot be seen in isolation from either shri kalanithi maran or shri dayanithi maran. ..... expression cause of action has not been defined either in the code of civil procedure or the ..... 1953 sc 210], held that the writ court would not run beyond the territories subject to its jurisdiction and that the person or the authority affected by the writ must be amenable to court s jurisdiction either by residence or location within those territories. .....

Usv Limited (Rep. by Its Manager-legal and Constituted Attorney, Mr. S ...

Court : Chennai

Reported in : 2004(1)CTC418

..... . the division bench went on to hold that in the field of medicines and pharmaceuticals, it is common practice that the drugs are named either by the name of the organ which it treats or by the principal ingredients or the name of the ailment, which enables the doctor to associate a particular trade name with the organ, ingredient or ailment thereby reducing the chance of ..... held that whether the infringement had taken place partly in one jurisdiction by way of advertisement and rest in another jurisdiction by marketing the product, then, a registered owner of the trade mark could 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.9. ..... sub-section (9) of section 2 of the sale of goods act, 1930, defines 'mercantile agent' to mean a mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods. ..... on the basis of the statement made in the affidavit filed in support of the application and the proper course will be to frame an issue after the written statement is filed as to whether the court has jurisdiction and try it either as a preliminary issue or along with other issues on the basis of the evidence that will be let in by the parties.10. .....

General Merchant Association Rep. by Secretary and Treasurer and Other ...

Court : Chennai

Reported in : 2000(3)CTC565

..... time to time, that by mutual agreement and consent the rates of rent have been revised periodically, that the respondent corporation cannot unilaterally enhance the rent, that the occupant who is a petitioner, either individually or member of the association which is a petitioner in the writ petition are carrying on their business right from the day when the fruit market had been constructed and let out, that the ..... and secure order of stay, that the respondent has neither the authority, nor they have the right to interfere with the possession and enjoyment of the shops/stalls, that the respondent has to either approach the civil court seeking a decree for ejectment after terminating the tenancy in terms for section 106 and 111 of the transfer of property act, that the course available to the respondent is ..... occupants or the encroachers being a special enactment will enable the corporation authorities to remove the writ petitioners/appellants as they are unauthorised occupants and they are not entitled to any protection either under the statutory enactment nor they are entitled to an order of injunction as they have no right to carry on business after revocation of the licence in a public market. ..... in the circumstances, we hold that the contention that petitioners/appellants have to be evicted either by instituting a suit or by initiating action under the tamil nadu public premises (eviction of unauthorised occupants) act, 1976 is devoid of merits and the contentions to the contra .....

A.M. Shamsudeen Vs. A.M. Mohamed Salihu and ors.

Court : Chennai

Reported in : (2003)2MLJ526

..... scheme decree provides that the board of trustees shall be constituted by the district court, thanjavur and the district court is empowered to take action to appoint members of the board of trustees either suo motu or on application of the parties interested and the selection made by the district court shall be final subject to the powers of the high court under section 115 c.p.c. ..... the powers which the high court claimed to exercise, was, in substance, appellate, but the high court was not invested with the power either under the scheme or any law, to set aside the orders of the district judge, exercising authority under the scheme merely because it thought that the order was vitiated on account of error in appreciation of evidence.' 28. ..... . there is no evidence at all to show that the board members have either approached the learned supervisor or the learned receiver for taking proceedings under the wakf act and the elected members have not produced any material to show that they have taken ..... that the learned scheme judge was correct in her observation that prior to the exchange, the necessary prior permission should have been obtained either from the wakf board or from the scheme court. ..... will be sufficient that only those applicants in a particular branch who were either selected or rejected should be made parties in the petitions. ..... of the view that all other persons who have applied in a particular branch, either hereditary or non-hereditary, should be made parties in the c.r.p. .....

Dharmalingam, Vs. the Government of Tamil Nadu Rep. by the Secretary t ...

Court : Chennai

Reported in : (2009)6MLJ757

..... a look into the said provision would make it very clear that such authority, in the case on hand, the cmda, cannot either utilise or transfer such land for any other purpose except for the purpose for which it was acquired without the saction of the government. ..... (iv) since there is no approved plan under the tamil nadu town and country planning act, 1971, for constructing either shops or factories for the members of the 4th respondent association, the proposed allotment cannot be stated to be for a public purpose and thus, the same is without jurisdiction.4. ..... filed by the government and the cmda it is contended as follows:(i) if once the land has been acquired and vested with the government, it is the property of the government and the same can be utilised by the government either for the public purpose for which it was acquired or for any other public purpose. ..... (ii) the cmda has got no power to transfer the land either to an individual or to a body, other than for a public purpose that too without the sanction of the government as required under section 16a of the act. ..... but, in the instant case, according to the learned senior counsel for the petitioners, there is no approved plan for using the land for the business establishments of these gunny bag merchants either in the master plan or in any other approved plan. ..... the learned senior counsel on either side relied on the judgement of the hon'ble supreme court in h.m.t. .....

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

Court : Chennai

..... . this court has considered the rival contentions advanced on either side and perused the materials available on record as also the relevant provisions of the act and the clause on which reliance has been placed and the authorities referred on behalf of the parties ..... . however, for reasons best known to them, either they have not objected to such imposition, or no documents portraying their objection in this regard is placed before this court ..... . the meaning of the term modify needs to be basically understood to tilt the scale in favour of either of the parties .....

G. Ravichandran Vs. The Principal Secretary, Highways and Minor Ports, ...

Court : Chennai Madurai

..... public bridge or causeway; (e) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, varanda or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private or property belonging to the central government or any state government; and (f) all fences, trees, ..... are directed to parallelly consider the claim of the petitioners in the above writ petitions and take appropriate steps to ascertain the actual available area for laying service roads on either side and if necessary, it is for them to initiate necessary proceedings as per law for providing such service roads, including the acquisition of lands and complete ..... superintending engineer, highways department, nabard and rural roads, tirunelveli - 2, the third respondent herein, has passed the impugned proceedings dated 14.05.2015, to the effect that service roads on either side of the proposed road over bridge (hereinafter referred to 'rob') would be constructed as per the order of this court, in w.p(md)nos.4235, 2036, 4720 and 4707 ..... to the contempt petition (md)no.547 of 2015, is concerned, mr.veera kathiravan, learned counsel for the petitioner submitted that the official respondents failed to consider the feasibility of either rob or rub, before issuing the notification under section 8(1) of the tamil nadu highways act and hence, they have violated the orders passed by this court .....

Shanthi Vs. Inspector of Police Nib Cid Chennai

Court : Chennai

Reported in : 2000(4)CTC335; 2000(72)ECC729

..... is arrested and article seized under a warrant issued under section 41(1) of the act shall be forwarded to the magistrate who has issued the warrant without unnecessary delay and when a person is arrested and article is seized either under section 41(2) by an empowered officer or under section 42, section 43 or section 44 shall be forwarded without unnecessary delay only to the officer-in-charge of the nearest police station or the officer empowered under section ..... the fact remains that the properties were produced before the special court on 4.8.99 itself and in the absence of any prejudice having been pleaded by the petitioner either in the petition or in his submissions before this court, i do not think that the contention of the learned counsel for the petitioner that the properties have not been produced before the magistrate and therefore ..... section 41(2) empowers certain officers of gazetted rank of certain departments either to arrest any person or to search any building etc. .....