Court : Chennai
Reported in : AIR2006Mad156; 2006(1)CTC700; (2006)1MLJ164
..... withdrawal and refuse the prayer for withdrawal and refuse the prayer for permission to bring a fresh suit for the prayer under sub-rule (2) must be treated as one whole and the court may either reject the entire prayer and allow the suit to proceed or allow the entire prayer, that is, permit the withdrawal of the suit with liberty to bring a fresh suit. ..... an application to withdraw the suit with liberty to file a fresh suit must either be allowed or refused in toto. .....
Tag this Judgment!Court : Chennai
Reported in : III(2008)BC190; 2008(1)CTC721; (2008)2MLJ896
..... we have gone through the order of the debts recovery appellate tribunal as well as the documents filed on either side to substantiate their contentions in the respective civil revision petitions and in the writ petition.14. ..... however, in the other proceedings dated 01.12.2004, there is no such endorsement about the requirement of publication of the notice either in the notice board or in the subject matter of the sale. .....
Tag this Judgment!Court : Chennai
Reported in : (2002)2MLJ811
..... in terms of sub-section (1) of that section (section 40), such consent shall not be given unless the appropriate government be satisfied, either on the report of the collector under section 5a, sub-section (2) or by an enquiry held as provided in clauses (a), (aa) and (b) of sub-section (1). ..... it is also clear that the government can get information either by independent enquiry or from reports and information received by the government or even from an application by the company concerned.13. ..... it is also clear that section 4 does not require government to be satisfied, it is sufficient if it appears to the government that land is needed either for public purpose or for a company. ..... as noted before, section 4 does not require government to be satisfied, it is sufficient if it appears to the government that land is needed either for public purpose or for a company. ..... the government might initiate acquisition proceedings 'if it appears' to the government that land is needed either for public purpose or for a company. ..... it may so appear to the government either by independent enquiry or from reports and information received by the government or even from an application by the company concerned. 15. .....
Tag this Judgment!Court : Chennai
Reported in : 2003CriLJ4167
..... of session but also has discredited the inter ference caused by the high court stating that there was nothing to show that the judicial discretion exercised by the court of sessions in granting bail was exercised either erroneously or on any irrelevant considerations and that the high court is wrong in observing that the sessions court's or der was passed on erroneous use of judicial discretion without showing how the judicial discretion was ..... bail has been filed, tracing the facts and circumstances of the case and applying the legal opinion offered by the experts to the effect that the sphere of activity of the petitioners concern is not violation of either the constitution of india or the prevailing laws and therefore justifying the very business being run by the petitioners under the name and style of v-can network (p) ltd. ..... high court wherein the third report of the national police commission suggested that by and large nearly 60% of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2% of the expenditure of the jails...an arrest during the investigation of a cognizable case may be considered justified in one or other of the circumstances brought therein ( ..... the respondent has not initiated any action against them; that the type of business in marketing the product would not attract the penal provisions of either section 420 or that of the provisions of prize chits and money circulation schemes (banning) act, 1978 etc. .....
Tag this Judgment!Court : Chennai
Reported in : (2003)179CTR(Mad)584; [2003]261ITR202(Mad)
..... venkatachalam has already undergone a major operation namely, removal of her breast due to cancer and she has to undergo further treatment for the dreadful disease of cancer this court, with the consent of counsel for either side, directed that the writ petitions be taken up for final disposal. ..... the appropriate authority has considered all the objections and it is not as if it has either not adverted to or failed to consider the objections. ..... the amount is lying in deposit and earning interest also and there is no dispute that the consideration is in deposit as provided for and it is fairly admitted by either side. ..... accordingly, the matter was taken up on 25th october, 2002 with the consent of counsel appearing for either side.6. .....
Tag this Judgment!Court : Chennai
Reported in : 2006(197)ELT476(Mad)
..... . : air1992sc81 and founded in para 102(6) which provides the categories of cases by way of illustration wherein held that such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to ..... . thus the law is well settled that under section 482 crpc, the express legal bar engrafted either in the code or in the concerned act, providing efficacious redress for the grievance of the aggrieved party is available, then an order under section 482 crpc can be well founded upon that legal bar ..... without going into the technicalities of the matter, even if either quashable or dischargeable points are available on the side of the petitioner, remedy in the appropriate proceedings may be given, and if such remedy is not available in either of the cases, then both have to be dismissed.8. .....
Tag this Judgment!Court : Chennai
Reported in : 2006(203)ELT193(Mad)
..... as said earlier, in view of the fact that the relevant issue relating to jurisdiction is to be specifically tried and decided by the courts below, i am not referring to any of the decisions cited on either side, however, both parties are free to place all the relevant materials, evidence both oral and documentary, in support of their respective claim. ..... enables the courts to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. .....
Tag this Judgment!Court : Chennai
Reported in : [2006]287ITR561(Mad)
..... however, if any resistance is offered either by the defaulter or any person on his behalf, if an application is made by the purchaser under rule 39 of the income-tax (certificate proceedings) rules, 1962, then efforts will be taken to put the purchaser in the possession of the property ..... these documents of the government of india would be either in hindi or english or both. ..... 13, itcp rules, is a prescribed form and there is no necessity either for manipulation or commission. ..... though the lease deeds are for a period of more than one year, none of the lease deeds were either registered or witnessed. .....
Tag this Judgment!Court : Chennai
Reported in : [2003]41SCL493(Mad)
..... as already held, it is open to the petitioner to appropriate the amount paid by the respondent against the dues of either of the companies as there was a joint and several liability of nepc india limited and skyline nepc limited.32. ..... sister concerns and they have agreed that they will be jointly and severally liable to pay all the outstandings of both the companies and this shall not be disputed at any point of time at any forum, either judicial or otherwise. .....
Tag this Judgment!Court : Chennai
Reported in : [2002]125TAXMAN979(Mad)
..... venkatachalam has already undergone a major operation namely, removal of her breast due to cancer and she has to undergo further treatment for the dreadful disease of cancer this court, with the consent of counsel for either side, directed that the writ petitions be taken up for final disposal. ..... the appropriate authority has considered all the objections and it is not as if it has either not adverted to or failed to consider the objections. ..... the amount is lying in deposit and earning interest also and there is no dispute that the consideration is in deposit as provided for and it is fairly admitted by either side. ..... accordingly, the matter was taken up on 25-10-2002 with the consent of counsel appearing for either side.6. .....
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