Court : Chennai
Decided on : Sep-28-1989
Reported in : (1990)1MLJ355
..... is placed upon the above decision by learned counsel for the second respondent.15. it is no doubt true that after the introduction of section 11a in the industrial disputes act,' power has been conferred on the labour court or the industrial tribunal to interfere with punishment awarded by the management if it is ..... a strike period is serious misconduct warranting dismissal.12. it is contended by learned counsel for the second respondent that after the introduction of section 11a in the industrial disputes act, the tribunal of labour court has a very wide power to interfere with the punishment awarded by the management. according to learned counsel, ..... second respondent is guilty of such riotious and disorderly behaviour which would deprive him of his gratuity under the payment of gratuity act also. section 4 (2) (vi) of the payment of gratuity act provides that 'notwithstanding anything contained in sub-clause (1), the gratuity payable to an employee may be wholly or partially forfeited .....
Tag this Judgment!Court : Chennai
Decided on : Oct-03-1989
Reported in : (1990)ILLJ50Mad
..... termination was not justified. on reference to the tribunal, it was held by the tribunal that she satisfied the definition of workman given by section 2(s) of the act. 3. section 2(s) of the act reads as follows : 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, ..... bench does not help the petitioner in the present case. 15. learned counsel for the petitioner invites our attention to the provisions of section 10 of the banking regulation act, 1949. under section 10(1)(b)(ii), no banking company shall employ or continue the employment of any person whose remuneration or part of whose remuneration ..... that the second respondent must be held to be an independent contractor even if the second respondent satisfies the definition of a workman under section 2(s) of the industrial disputes act. hence, this contention has to be rejected. 16. learned counsel for the petitioner submitted that the question whether there is a relationship .....
Tag this Judgment!Court : Chennai
Decided on : Oct-06-1989
Reported in : AIR1990Mad100; I(1991)DMC47
..... (1908) 12 cal wn 446 on which reliance had been placed by abdul hadi, j.-- in which fletcher, j. stated thus, (vide page 447):"section 4, sub-sec. (9) of the inventions and designs act of 1888 says that a district court has the meaning assigned to that expression by the code of civil procedure. now let us look at the ..... wilful or fraudulent misstatement, or upon the ground that the invention is of no utility. when the defendant raised a contention which would fall under sub-sec. (2) of s. 29 of the said act, it was submitted on behalf of the defendant that s. 29 applied only to suits filed in a "district court", that the expression did ..... under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction.(2) for the purpose of sub-sec. (1), a 'district court' having jurisdiction shall notwithstanding anything contained in the code of civil procedure, 1908, or any .....
Tag this Judgment!Court : Chennai
Decided on : Oct-06-1989
Reported in : 1991CriLJ476
..... magistrate, both parties initiated several proceedings before the competent civil courts, claiming various reliefs in respect of not only the subject matter of dispute in the proceedings under section 145 cr.p.c. viz. mosque, but also in respect of other properties owned by the mosque. 3. it is necessary to mention only such of ..... ), who were arrayed as counter-petitioners before the executive magistrate. the inspector of police, chidambaram town, laid information before the learned magistrate for initiation of proceedings under section 145 cr.p.c. on 28-2-1985, since the scramble for possession of the mosque between the parties was likely to create breach of peace and law ..... of absence of an order passed by the executive magistrate. the executive machinery has to act with all speed and haste in such a situation, so as to maintain tranquillity of the atmosphere in the locality concerned. the remedy provided under section 145 cr.p.c. is rather summary, in the sense of investing power upon the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-06-1989
Reported in : (1989)2MLJ332
..... as follows:after the conclusion of arguments we asked parties' counsel to address us on the question of jurisdiction in view of the fact that section 62 of the act (copyright act) requires suit or other civil proceedings in respect of the infringement of copyright to be instituted in the district court having jurisdiction. we heard arguments ..... , any of them actually and voluntarily resides or carries open business or personally works for gain'. the learned judges referred to the prior act, viz., indian copyright act, 1914, which in section 13 expressly provided that civil proceedings relating to infringement of copyright shall be instituted in the high court or the court of the district judge ..... taken away and entrusted to the family court, the full bench is constituted to render a final verdict on the scope and ambit of section 7 and section 8 of the act and on the question whether the jurisdiction exercised by the high court under letters patent is in any manner affected by reason of the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-17-1989
Reported in : 1991ACJ45
..... terms of the policy and that liability could be avoided on one or more of the grounds enumerated in section 96 (2) of the act. thus, it is seen that section 96 (2), read along with section 96 (1) of the act, clearly postulates the subsistence of an insurance policy and the avoidance of liability by the insurance company on the ..... that arose for decision was, whether the insurers, subsequently added as defendants in an action for damages, could be permitted to raise defences falling outside section 96 (2) of the motor vehicles act, 1939. it is thus seen that on the facts of that case, there were valid and operative covers for the vehicles at the time of the ..... ground that the policy lapsed upon the physical transfer of the vehicle. the claimants, however, maintained that until the transfer was duly registered as envisaged in section 31 of the motor vehicles act, 1939, the transfer of the vehicle did not take effect in so far as the third parties were concerned. it was laid down that though .....
Tag this Judgment!Court : Chennai
Decided on : Oct-17-1989
Reported in : (1990)1MLJ252
..... institution run by the mutt and for recovery of certain amounts as well, after issuing notice in accordance with section 80, code of civil procedure. the state of tamil nadu, the defendant in o.s. no. 18 of 1985, resisted that claim and the right to ..... carry on business and those decisions are not of as much assistance in this case involving an adjudication against the state regarding the applicability of the provisions of the act before the civil court. that leave for consideration the decisions in state of punjab v. amar singh : [1974]3scr152 and national textile workers' union v. p ..... commissioner and secretary, education department, fort st. george, madras praying for a declaration that the mutt is a religious denomination and that the provisions of the act are inapplicable to the colleges run by it and for a perpetual injunction restraining the state of tamil nadu from interfering with the administration and management of the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-18-1989
Reported in : [1991]189ITR192(Mad)
..... deals with certain kind of agreements which are now made chargeable to stamp duty and also compulsorily registrable under s. 17(1)(f) of the registration act. section 17 of the act deals with the obligation to stamp instru-ments, and it is as follows :--"all instruments chargeable with duty and executed by any person in india ..... registrar before whom a document is presented for registration cannot embark on the independent enquiry regarding the value of the property, yet he has power under section 35 of the stamp act, to refuse registration if the document is not duly stamped: from which it would seem to follow that he can require the person seeking registration ..... the agreement for the purpose of execution. such certificate shall be conclusive proof of the cost of the proposed construction".in the registration act, section 17(1) (f) as amended by t. n. act 38 of 1987 reads as follows :"instruments of agreement relating to construction of multi-unit house or building on land held by several .....
Tag this Judgment!Court : Chennai
Decided on : Oct-18-1989
Reported in : [1991]71CompCas723(Mad)
..... 1988(36)elt201(sc) , to put forth a claim that the objects and reasons could be looked into as an aid to understand the scope and applicability of the sections in an act. in para 41 therein, it is stated as follows (at p.23 of 65 comp cas) : 'it has to be reiterated, however, that the objects and ..... one of the articles which deals with certain kinds of agreements which are now made chargeable to stamp duty and also compulsorily registrable under section 17(1)(f) of the registration act. section 17 of the stamp act deals with the obligation to stamp instruments and it is as follows : all instruments chargeable with duty and executed by any person in ..... land alone is sought to be sold without reference to the building, the authorities concerned are entitled to proceed under section 27 read with section 47a and section 64, etc., of the stamp act by applying section 8 of the transfer of property act. the second type of cases is where the owner of the land agrees to sell or sells an undivided .....
Tag this Judgment!Court : Chennai
Decided on : Oct-20-1989
Reported in : (1990)1MLJ4
..... a person claims ownership in himself, the question of tenancy does not arise for consideration. we have already referred to the definition of tenant under section 2(4) of the act, wherein it is specifically mentioned that the benefit would accrue only to a tenant whose tenancy agreement is determined. a cumulative effect of these provisions ..... ejected in a suit filed for eviction. therefore, we have to find out who is entitled to get benefit under section 9 of the act. section 9 of the act categorically states that the 'tenant' as defined in the act is entitled to the benefits conferred under the said provisions. therefore, we have to find out what the term 'tenant ..... on the ground that in view of the supreme court judgment in damadilal v. parashram : air1976sc2229 , the tenant is entitled to invoke the provisions of section 9 of the act. the learned judge who has referred to these cases also found that the said supreme court decision arose out of the proceedings initiated under the madhya .....
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