Court : Chennai
Decided on : Aug-29-2006
Reported in : 2006(4)CTC850
..... an application before the first appellate forum. merely because of the reason that the trial court has compared the admitted signature and the disputed signature invoking section 73 of the evidence act, there is no bar or ban for the first appellate court sending the documents for canvassing the expert's opinion. under such circumstances, an ..... true that no steps were taken by the plaintiffs' side for sending those documents for expert's opinion. in such circumstances, the trial court invoking section 73 of the evidence act has compared the signatures. a perusal of the judgment of the trial court would clearly indicate that the said comparison was not properly done. on the ..... assessment of the value on the total evidence. proof of handwriting is in nature of comparison of the admitted and the disputed signature or handwriting. section 73 of the evidence act authorises the court to compare such handwriting in order to come to its own conclusion, but it is always safe for the court to take .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-2006
Reported in : 2006(1)CTC689; (2006)IILLJ979Mad; (2006)1MLJ511; 2008(1)SLJ529(NULL)
..... about 19.15 hours against mr. l. balasubramaniam before the f4-thousand lights police station, chennai under sections 341 and 323 of ipc read with section 3(1) of the schedule caste and scheduled tribe (prevention of atrocities) act, 1989, and the same has been registered as crime no.163 of 2005, and a charge sheet ..... lodged a complaint against the office-bearers of the petitioners association and the complaint was registered in the same police station under crime no.162 of 2005 under sections 341, 323, 324, 427, 307 and 507(ii) of the indian penal code, and a charge sheet has also been filed in that case before ..... straightaway issued a statement of imputation and started domestic enquiry against the petitioners alleging that the petitioners had indulged in unruly, riotous behaviour, and allegedly committed willful act of criminal assault on mr. l. balasubramnaiam. the statement of imputation is solely based on the criminal complaint lodged by mr. l. balasubramaniam. the petitioners contend .....
Tag this Judgment!Court : Chennai
Decided on : Aug-24-2006
Reported in : 2006(5)CTC546; [2007(112)FLR954]; (2007)IIILLJ265Mad; (2006)4MLJ1447
..... the provisions of regulations 12, 14 and 15 of the employees' state insurance (general) regulations, 1950 and to pay the contribution as required by section 40 of the act. since the respondent-company failed in its obligation, it cannot be heard to say that the workers are unidentifiable. it was within the exclusive knowledge ..... contribution payable in respect of contract employees against the principal employer without looking for the immediate employer. as already stated, in an enquiry under section 45-a of the esi act all that is required is the authority must give a reasonable opportunity of being heard to the employer concerned. that has been complied with ..... club case the subject matter of issue was rejection of the principal employer's petition for impleadment of the contractors in the proceedings initiated under section 45-a of the esi act, food corporation of india case dealt with the failure of the commissioner to exercise his statutory power to issue summons to the contractors of .....
Tag this Judgment!Court : Chennai
Decided on : Jul-12-2006
Reported in : IV(2006)ACC149
..... , the multiplier that was applied was 18. in the instant case, the deceased is a person aged 39 years and as per second schedule to section 163-a of motor vehicles act, the proper multiplier is only 16. the aspects that the wife of the deceased was aged 25 years at the time of accident and his minor ..... hotly contested in a routine manner by dragging the parties to courts, wasting enormous time and money for the claimants to get their claims settled. the act like motor vehicles act being a beneficial legislation aimed at quick redressal of the victims of accidents arising out of the use of motor vehicles, the attitude routinely adopted by insurance ..... rs. 3,510.4. on the other hand, the transport corporation filed a counter statement contending that the alleged accident occurred only due to the careless and negligent act of the deceased who is solely responsible for the alleged accident. further, the transport corporation contended that its bus was not involved in the said accident and it .....
Tag this Judgment!Court : Chennai
Decided on : Jun-21-2006
Reported in : IV(2006)ACC254; 2007ACJ2664; (2006)4MLJ264
..... kept in mind. the position is well settled that the second schedule under section 163-a to the act which gives the amount of compensation to be determined for the purpose of claim under the section can be taken as a guideline while determining the compensation under section 166 of the act. in that view of the matter, there is no reason why multiplier ..... of 17 should not be taken as the appropriate multiplier in this case.33. here, the accident took place on 19.01.1993 and the decision was rendered by the tribunal on 03.07.1997 though the second schedule to the act has ..... in the sum of rs. 2,50,000/- has been passed taking the multiplier of 16. our attention has been drawn to the second schedule of the motor vehicles act, 1988 in which we find that for age between 30 to 35 years, multiplier of 17 has been indicated.3. learned counsel for the claimants made submissions seeking enhancement .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-2006
Reported in : III(2006)ACC792; 2007ACJ578; (2006)2MLJ658
..... appeal and accordingly, i decide that the proper multiplier has to be put based on the schedule-2 of section 166 of the motor vehicles act. the age has been taken as 47 years for which 13 is the proper multiplier to be applied in this ..... police thiru.anthonisamy has registered a case in crime no. 1602/95 for an offence under section 304(a) i.p.c. and section 184 of the motor vehicles act. p.w.2 further speaks to the fact that the driver of the lorry gajendran was charge ..... 10.1997. 2. the claimants are the wife and minor daughter. the claim petition was filed under sections 166 and 163-a of the motor vehicles act (hereinafter referred to as the 'act'), read with rule 3 of the m.a.c.t. rules (hereinafter referred to as the ' ..... halsbury's laws of england in vol.34, para 98 states the principle thus:98. assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received .....
Tag this Judgment!Court : Chennai
Decided on : Aug-04-2006
Reported in : (2006)4MLJ572; (2007)5VST425(Mad)
..... made is ex facie illegal as the same has been passed violating the principles of natural justice and also without adhering to the procedures contemplated under section 12 of the tamil nadu general sales tax act. 2. the facts of the case are : the impugned proceedings was passed based on an inspection conducted by the enforcement wing officials at no. 103, avvai ..... office till 31.3.1998 and it closed its business activities from 1.4.1998. the petitioner never registered itself under the provisions of the tamil nadu general sales tax act, as it had the sale office only at bangalore and was a registered dealer there at bangalore. for the notice issued to the petitioner with the proposal to levy huge .....
Tag this Judgment!Court : Chennai
Decided on : Mar-16-2006
Reported in : III(2006)ACC190; (2006)2MLJ816
..... mensum and the annual dependency will be rs. 23,496 (rs. 1,958 x 12 = rs. 23,496) and the relevant multiplier as per second schedule to section 163-a of motor vehicles act, 1988, is 11. so, if the multiplier 11 is adopted, total loss of income comes to rs. 2,58,456 (rs. 23,496 x 11 = rs ..... the way of this court exercising such powers. the powers do exist under order 41, rule 33, civil procedure code and more importantly, such powers can certainly be exercised under section 151, civil procedure code in the interest of justice.10. the above dictum squarely applies to the present facts of the case wherein the learned tribunal without adopting the proper method ..... warrant nothing precludes an appeal court from granting a well deserved relief having regard to the powers vested in it under order 41, rule 33, civil procedure code and also under section 151, civil procedure code.11. i am of the view that this is a fit case in which the compensation is to be enhanced even without a cross-appeal.12. .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-2006
Reported in : [2007]137CompCas780(Mad)
..... herein.2.the brief facts of the case are as follows:the respondents filed a private complaint against the petitioner and eight others for the offence under section 138 of negotiable instruments act on the ground that when the cheques issued by a2, the managing director of the company were presented, they got bounced and therefore, the company as ..... well as the directors are liable for punishment under section 138 of negotiable instruments act. the petitioners are a4 and a5. in the said case, the petitioners filed crl.m.p. no. 5157 of 2003 to discharge them from the case ..... required to be said : for this, it may be worthwhile to notice the role of a director in a company. the word 'director' is defined in section 2(13) of the companies act, 1956 as under:2.(13) 'director' includes any person occupying the position of director, by whatever name called. there is a whole chapter in the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-14-2006
Reported in : 2006(2)CTC377; (2006)2MLJ87
..... since it was not filed within three years from the date of the knowledge of the sale as per section 59 of the limitation act, is erroneous and cannot be sustained. the correct provision of law applicable under the limitation act is only article 109 and the suit having been filed in the year 1981, within 12 years from the ..... incurred and tainted with immorality and those debts are not binding on the plaintiffs and the trial court, on the basis of the evidence adduced, concluded that the act of immorality or illegality attributed to the first defendant has not been established or proved by the plaintiffs. the learned counsel for the appellants represented that he is not ..... rights and interest of the plaintiffs and the first defendant's father died in the month of chittarai in 1956 prior to the coming into force of hindu succession act and the joint family properties were shared only by the first defendant and his three sons namely, the plaintiffs and the second defendant had no share in the .....
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