Court : Chennai
Decided on : Sep-29-2006
Reported in : AIR2007Mad73
..... and witnesses alone and it has no application to the parties to an arbitration agreement.25. sub-section (3) to (6) of section 27 of the act 1996 corresponds to sub-section (1) to (3) of section 43 of 1940 act. therefore section 27 also confines to cases to witnesses alone and not to parties before the arbitrators.26. in ..... representing the applicant/ claimant before the arbitral tribunal. thereafter the applicant herein sought the approval of the arbitral tribunal to file an application under section 27 of the act 1996 before this court and the arbitral tribunal by its order dated 26-4-2006 granted its approval and accordingly the applicant is before this ..... cannot be achieved directly cannot be achieved indirectly by the applicant before the tribunal. it is also submitted by the learned senior counsel that under section 27 of the act, 1996, the court has been left with the discretion to decide about the necessity of producing documents before the tribunal and only after satisfying itself .....
Tag this Judgment!Court : Chennai
Decided on : Dec-01-2006
Reported in : 2007(3)ARBLR9(Madras)
..... 12 of letters patent does not determine the jurisdiction of the high court in its ordinary original side to entertain applications under the arbitration act and section 2(c) and section 31 of the act, 1940 alone deal with the jurisdiction of this court.34. this decision is also not very helpful to decide the issue, which has ..... inescapable conclusion that was arrived at is that clause 12 of the letters patent will definitely apply to an application filed under section 9 of the act, 1996. in fact, under section 2(1)(e) of the act, 1996 the court means the principal civil court of original jurisdiction in a district (high court in chennai) to decide ..... their submissions.19. the following questions arise for consideration in the above applications:(a) whether this court has got jurisdiction to entertain these applications filed under section 9 of the act, 1996 ?(b) if yes, whether these applications are liable to be dismissed as no prior leave was obtained under clause 12 of the letters patent .....
Tag this Judgment!Court : Chennai
Decided on : Jun-13-2006
Reported in : [2008]145CompCas748(Mad); [2009]96SCL25(Mad)
..... price from the reserve price, confirmation of the sale, holding of the sale proceeds and the distribution thereof among the creditors in terms of section 529a and section 529 of the companies act. in the context of this decision, the jurisdiction of the rent controller in fixing the fair rent and the company court ordering recovery in the ..... rigour of the rent control legislation. it may be noted that the extent to which the special enactment like the rent control act supersedes the provisions of the companies act under section 446 of the act has to be understood as being restricted to those matters which do not interfere with the administration of the company in liquidation in ..... in the case of sudarsan chits (i) ltd. v. g. sukumaran pillai [1985] 58 comp cas 633, the supreme court held that sub-section (2) of section 446 of the companies act was introduced to enlarge the jurisdiction of the court which is winding up the company so as to facilitate the disposal of the winding up proceedings. .....
Tag this Judgment!Court : Chennai
Decided on : Feb-11-2006
Reported in : AIR2006Mad166; (2006)2MLJ212
..... 2(1)(f) as 'the government means the government of pondicherry.' on the same lines, two different definitions have been given in pondicherry municipalities act, 1973 under section 2 for the words 'administrator' and 'government.61. thus, he has made it clear that the contention of the petitioner that every government order ..... in rule 2(1)(f) as 'the government means the government of pondicherry.' on the same lines, two different definitions have been given in the act under section 2 for the words 'administrator' and 'government'. thus, it is clear that the contention of the petitioner that every government order has to be issued ..... 15. the learned senior counsel for the petitioner, makes a particular mention of the impugned government order which reads as follows:whereas, under section 349 of pondicherry municipalities act, 1973, read with pondicherry municipalities (places of public resort and entertainments), rules 1980 applications are being received for grant of licences for performing .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-2006
Reported in : (2006)3MLJ870
..... or cause to be made of any department or departments only and that too, in such manner as may be prescribed as envisaged in section 11 of the act. clause (t) of sub-section (1) of section 10 envisages aicte to only advise ugc for declaring any institution imparting technical education as a deemed to be university and not do any such ..... parameters of aicte's poweraccording to the managements of the deemed to be universities, in view of the definition of deemed to be university in the aicte act and section 3 of the ugc act, it is not open to anyone to contend that the judgment in bharathidasan's case does not apply to deemed to be universities. the parties opposing ..... is taught in a technical institution or in a university. the aicte has been given the power to inspect under section 11 of the act. section 11 of the aicte act has to be read along with section 10(v) aforesaid and under section 22(ii)(b), the central government has been empowered to make rules to provide for the manner in which the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-04-2006
Reported in : (2006)3MLJ584
..... court shall entertain any suit or other proceeding against the 'debtor' for the recovery of any amount of such debt (including interest, if any)'. section 4(f) of the act says that 'every mortgage executed by the debtor in favour of the creditor shall stand redeemed and the mortgaged property shall be released in favour of ..... labour on agricultural land and whose annual household income does not exceed two thousand and four hundred rupees.the term 'small farmer' is defined under section 3(1) of the act as follows:'small farmer' means a person whose principal means of livelihood is income derived from agricultural land and who holds, whether as owner, tenant ..... or(iii) a small farmer, who has borrowed or incurrred any debt before the commencement of this actthe term 'landless agricultural labourer' is defined under section 3(i) of the act as follows:landless agricultural labourer means a person who does not hold, whether as owner, tenant or mortgagee with possession or partly in one capacity .....
Tag this Judgment!Court : Chennai
Decided on : Jul-06-2006
Reported in : (2006)3MLJ936
..... mad315 (priyadarshini, n. v. the secretary to government, education department). in the year 2006, the state of tamil nadu passed a legislation by tamil nadu act 2 of 2006, whereby common entrance test was dispensed with for the state board students alone, while retaining common entrance test for other board students as an ..... director of medical education/secretary, selection committee on behalf of the respondents. it is stated that there is no prohibition under the medical council of india act or the graduate medical education regulation, 1997 to prescribe better standard of selection process and all that is mentioned in regulation 5(i) and (ii) ..... with the previous sanction of the central government by virtue of powers conferred on it under section 33 of the indian medical council act, 1956. these regulations are called 'regulations on graduate medical education, 1997' published in part iii section 4 of the gazette of india, dated 17.05.1997. regulation 4 prescribes, in considerable .....
Tag this Judgment!Court : Chennai
Decided on : Feb-27-2006
Reported in : (2006)2MLJ382
..... granting marks. this will be violative of article 14 of the constitution as held in the said decisions. the 1997 regulation has statutory force as under section 33 of the indian medical council act, 1956 it will amount to delegated legislation. in andhra bank v. b. sathyanarayanan : (2004)iillj5sc it was held by the supreme court that a ..... the marks obtained on the syllabus of state curriculum prescribed by the state board. it is pertinent to note that though section 8 read with section 2(k) makes the provisions of section 4 of the tamil nadu act 45 of 1994 applicable to the admission to all professional courses, rule 4 of the rules specifically provides that there will ..... and the marks obtained by them shall be the base cut-off marks to which the students of other disciplines as enumerated in the act shall qualify through the common entrance test. section 7 provides that the admission criteria for all kinds of students shall be on the cut-off marks equated by treating the marks obtained .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-2006
Reported in : (2006)4MLJ1728
..... payable to such employee at that rate has to be multiplied by the number of years of his service subject to the ceiling imposed by sub-section [3] of section 4 of the act viz., that such amount shall not exceed 20 months' wages. both the decisions deal with treating the monthly wages as wages for 26 working days ..... and comprehensive code relating to gratuity as a compulsory retiral benefit. the quantum of gratuity payable under sub-section [2] of section 4 of the act has to be fifteen days' wages based on the rate of wages last drawn by the employee concerned for every completed year of service or more ..... days' wages for one completed year of service. referring to digvijay's case, the supreme court has held:the intention of the legislature in enacting sub-section[2] of section 4 of the act was not only to achieve uniformity and a reasonable degree of certainty, but also to create and bring into force a self contained, all-embracing, complete .....
Tag this Judgment!Court : Chennai
Decided on : Apr-18-2006
Reported in : [2006]134CompCas267(Mad); 2006(3)CTC529; (2006)2MLJ822; [2006]72SCL18(Mad)
..... (iii) of the judgment of the supreme court in rajasthan state financial corporation case, (supra). in that event if the securitisation company acting under section 13 of the securitisation act seeks to sell or otherwise transfer the assets of a debtor company in liquidation, the said power could be exercised by it only after ..... only after notice to the official liquidator or the liquidator appointed by the company court and after hearing him(iii)if a financial corporation acting under section 29 of the sfc act seeks to sell or otherwise transfer the assets of a debtor company in liquidation, the said power could be exercised by it only ..... assets along with the official liquidator. the learned senior counsel submitted that in the vent of inconsistency between section 457 of the companies act and second proviso to section 13(9) of the securitisation act, the securitisation act shall prevail and the secured creditor/securitisation company is entitled to take over the assets and sell the same .....
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