Court : Chennai
Decided on : Feb-10-2006
Reported in : (2006)3LLJ123Mad; (2006)2MLJ205
..... are totally different.(x) anna transport corporation v. labour court (supra): in this decision, this court has held that the discretion vested under section 11-a of the industrial disputes act is not meant to be equated to charity and therefore set aside the award of the labour court for not properly exercising the discretion under ..... learned counsel that even according to the doctors, the 2nd respondent has become unfit to handle machines and he cannot be allowed to work directly in automobile section. it is also submitted by the learned counsel that besides his physical unfitness, the 2nd respondent was also mentally disturbed at various stages which would definitely affect ..... section 11-a. this ratio is not applicable to the facts of the case on hand.(xi) puratchi thalaivar m.g.r. transport corporation limited v. .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-2006
Reported in : AIR2006Mad347; (2006)4MLJ79
..... matter of precaution, the evidence of medical expert should be taken. (8) of course, the opinion, of a doctor, as is the opinion of any other expert, under section 45 of the evidence act, is only a relevant piece of evidence.(9) the court may also compel the attendance of the alleged lunatic before it, and to submit himself for medical examination .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-2006
Reported in : 2007(115)ECC1; 2007LC1(Madras)
..... the beer after it has been manufactured; the levy has to be on the quantity manufactured. how this quantity is to be arrived at has to be determined according to section 32 read with rule 35.12.13. learned senior counsel for the petitioner has also cited the decision in state of u.p. v. modi distillery : (1995) ..... states is valid and the said question is answered as a common question of law, dealing with the factual situations on the basis of the provisions of various acts, as follows:56...we must recognise the exercise of sovereign power which gives the states sufficient authority to enact any law subject to the limitations of the constitution ..... , manufacture process etc. are governed by the tamil nadu indian made foreign spirits (manufacture) rules, 1981, known as ifms rules, framed under the tamil nadu prohibition act, hereinafter called the 'act'. 4.10. the case of the petitioner is that when imfs rules were introduced in the year 1981, it did not mention anything about the loss in the .....
Tag this Judgment!Court : Chennai
Decided on : Jun-07-2006
Reported in : 2007ACJ2494
..... the genesis of applying multiplier method has been clearly stated which would only go to show that the multiplier method was in practice even before the amendment of the act. in my view, the tribunal, instead of applying the proper multiplier, has applied the multiplier of 12.79 which is not correct as per the proposition laid down ..... dashed against the scooter in which the deceased was a pillion rider. it is also not disputed that the said accident took place due to the careless and negligent act of the driver of the tractor-trailer owned by the respondent. 9. the claimants have filed a claim petition claiming compensation of rs. 10,75,000/- under the ..... too, a proper multiplier to arrive at a just and fair compensation as the motor vehicles act is a beneficial legislation aimed at giving an equitable compensation to the motor accident victims. 17. after the amendment to section 163-a of the motor vehicles act, guidelines have been issued in this regard. in the instant case, the wife of the .....
Tag this Judgment!Court : Chennai
Decided on : Aug-24-2006
Reported in : (2008)17VST416(Mad)
..... . 206, triplicane high road, chennai-5 and found that the said company being a dealer in the lottery tickets had not registered themselves under the tamil nadu general sales tax act, 1959. no day to day accounts were maintained. no stock books have been maintained for the lottery tickets available. no purchase bills have been produced for the goods worth rs .....
Tag this Judgment!Court : Chennai
Decided on : Mar-03-2006
Reported in : [2006]286ITR616(Mad)
..... of compensation received, both under section 10(10c) and section 89(1) of the income tax act.3. the assessing officer granted exemption as envisaged under section 10(10c) of the act, but denied the exemption under section 89(1) of the act, on the ground that once exemption under section 10(10c) is allowed, section 89(1) cannot be invoked. ..... on appeal at the instance of the assessee, the commissioner of income-tax (appeals), taking the view that it is possible to interpret the sections ..... particular assessment year. there was no prohibition to the twin benefits in respect of the amount received under the voluntary retirement scheme. the relief contemplated under section 89(1) is aimed to mitigate hardship that may be caused on account of the high incidence of tax due to progressive increase in tax rates. .....
Tag this Judgment!Court : Chennai
Decided on : Mar-06-2006
Reported in : 2006CriLJ2074; (2006)2MLJ28
..... learned single judge in respect of custodial death, taking note of age and income of the deceased, family circumstance, dependency, etc., by applying multiplier as provided in the motor vehicles act, fixed compensation of rs. 9 lakhs.18. in malkiat singh v. state of u.p. : (1998)9scc351 in respect of death of his son dalvinder singh in an encounter, the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-14-2006
Reported in : (2006)205CTR(Mad)161; [2006]284ITR470(Mad)
..... engineering contracts which includes raising and levelling the earth with earth moving equipments, raising the tank bunds etc. the income tax department intiated proceeding under section 132a of the act on mr. t.t.v.dinakaran, director of the assessee company. there were certain materials which related to the assessee. consequently, the assessee ..... was served with a notice under section 158bd of the act and based on such notice, proceedings were initiated on the assessee. the assessee filed a return of income on 25.03.1997 admitting undisclosed income ..... the said disallowance of the expenditure could not be considered as undisclosed income of the assessee. the word 'undisclosed income' is defined in section 158b(b) of the income tax act, which reads as under:includes any money, bullion, jewellery or other valuable article or thing or any income based on any entry .....
Tag this Judgment!Court : Chennai
Decided on : Mar-29-2006
Reported in : AIR2006Mad208; II(2007)BC708; 2006(3)CTC23; (2006)2MLJ405
..... to 18% from the date of plaint till the date of judgment, which is also usurious and prayed that the same may be reduced. 15. section 79 of the negotiable instruments act contains a mandate that court shall allow the interest on the principal amount advanced against a promisory note at the rate specified in that note and ..... admitted by him. section 20 of the negotiable instruments act contemplates that where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instrument then in force in (india) ..... issued any notice but chosen to lay the said ground only after ex.a3. 11. as rightly pointed out by the courts below, the presumption under section 20 of the negotiable instruments act is in favour of the respondent. the appellant herein has admitted the execution of the suit pronote, ex.a2. his signature, ex.a1 is also .....
Tag this Judgment!Court : Chennai
Decided on : Jul-05-2006
Reported in : 2006CriLJ3713
..... , p.w. 7, and having thoroughly perused the entire records lodged final report as against a. 1 to a. 11 for offences punishable under sections 147, 148 and section 302 r/w section 34 of the indian penal code.13. the incriminating circumstances found in the testimony of the prosecution witnesses were put forth in the form of questionnaire under ..... in the said occurrence. that is the reason why the trial court has chosen to convict these three accused who faced the trial for offences punishable under section 302 r/w section 34 of the indian penal code in the absence of the fourth accused, who is absconding.29. the accused herein cannot take advantage of the acquittal ..... common object stabbed sagayam alias sagayaraj on various parts of his body with steel knives to cause his death and thereby they committed an offence punishable under section 302 r/w section 149 of the indian penal code.4. the case as against the fourth accused ravi alias kurangu ravi had been split up as he was found absconding .....
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