Court : Chennai
Decided on : Oct-26-1989
Reported in : (1989)2MLJ447
..... ground of attack is also being put forth by the workman. however, mr. m.r. narayanaswamy, learned counsel for the petitioner, would submit that clause (bb) introduced into section 2(oo) of the act, when it excludes from the purview of definition of retrenchment, the termination of services as a result of non-renewal of contract of service, must be held to ..... , would draw our attention to the following pronouncements to say that such could not be the correct concept with reference to the retrospectivity of clause (bb) introduced into section 2(oo) of the act. in arun kumar v. union of india and ors. (1986)1 l.l.n. 528, a learned single judge of the high court of patna rejected the ..... arguments that clause (bb) introduced into section 2(oo) of the act must be held to be retrospective. in principal, maya college, ajmer v. labour court and anr. (1988)1 l.l.n. 724 a bench of the high court .....
Tag this Judgment!Court : Chennai
Decided on : Oct-31-1989
Reported in : (1991)ILLJ250Mad
..... for grant of interest, viz., section 80, negotiable instruments act, section 61(2) of the sale of goods acts, section 23 of the trusts act, sections 351 to 353 of the indian succession act, section 111-cc of the motor vehicles act and section 29 of the arbitration act. learned counsel submitted that the payment of bonus act does not contain a similar ..... high court order of 26.3.1987. pursuant to such letters, payments were made to these workers after memoranda of settlements under section 18(1) of the industrial disputes act and rule 25(1) of the tamil nadu industrial disputes rules, 1958 were entered into between the petitioner and the respective unions. ..... court had power to award interest to corporation from the principal employer if he failed to pay contribution. section 78 of the employees' state insurance corporation act is analoguous to section 11 of the industrial disputes act. the former confers the powers of a civil court with reference to matters specified therein on the employees .....
Tag this Judgment!Court : Chennai
Decided on : Oct-31-1989
Reported in : (1990)1MLJ25
..... for grant of interest, viz., section 80, negotiable instruments act, section 61(2) of the sale of goods acts, section 23 of the trusts act, sections 351 to 353 of the indian succession act, section 111-cc of the motor vehicles act and section 29 of the arbitration act. learned counsel submitted that the payment of bonus act does not contain a similar ..... high court order of 26.3.1987. pursuant to such letters, payments were made to these workers after memoranda of settlements under section 18(1) of the industrial disputes act and rule 25(1) of the tamil nadu industrial disputes rules, 1958 were entered into between the petitioner and the respective unions. ..... court had power to award interest to corporation from the principal employer if he failed to pay contribution. section 78 of the employees' state insurance corporation act is analoguous to section 11 of the industrial disputes act. the former confers the powers of a civil court with reference to matters specified therein on the employees .....
Tag this Judgment!Court : Chennai
Decided on : Oct-31-1989
Reported in : I(1990)ACC583
..... under 8.304(a), i.p.c.(2 counts) and sentenced to undergo 5 months rigorous imprisonment under each count. the petitioner also faced a charge under section l 16 of the motor vehicles act, found guilty and sentenced to undergo rigorous imprisonment for 6 weeks.2. the aggrieved petitioner preferred crl. appeal no. 105 of 1985 on the file of the ..... .ws. 1 and 2 and the scene sketch, clearly confirm that the petitioner had driven the bus rashly and negligently had caused the death of two persons, because of his act, the convictions imposed for both the offences by the trial .court and confirmed by the appellate court will have to be sustained.8, as far as the sentence to be .....
Tag this Judgment!Court : Chennai
Decided on : Nov-07-1989
Reported in : AIR1990Mad353; (1995)IIMLJ603
..... under the hire-purcha.se agreement, entered into by the second-defendant with the third-defendant or us predecessor in interest shall certainly come within the ambit of property. section 4 of the act, as a whole, reads as folows :'4. prohibition of the right to recovery property held benami (1) no suit, claim or action to enforce any right in ..... and the suit property itself was convexed to the plaintiff through a sale deed executed by the third defendant at the instance of the second-defendant. apparently, section 4(2) ol the act would apply. it is true that this is a suit which got instituted and in which decision has been rendered anterior to the coming into force of ..... counsel for the first-defendant have no relevance at all to the facts as they stand exposed in the present ease.11. then, submissions were made that section 4(3)(a) of the act would be attracted. the language ol the said provision is unambiguous when it speaks about the case where a person in whose name the property is held .....
Tag this Judgment!Court : Chennai
Decided on : Nov-08-1989
Reported in : (1990)1MLJ457
..... , and the appellate court by judgment dated 31.8.1976, while confirming the conviction, modified the sentence with a direction to release the petitioner under section 4(1) of the probation of offenders act on his executing a bond in a sum of rs. 1,000 with two sureties for a like sum to the satisfaction of the chief judicial magistrate ..... was suspended from service on 6.6.1975 pending enquiry into the case. on 23.5.1976 the chief judicial magistrate, salem, convicted the petitioner and three others under sections 120-b, 420 and 511, i.p.c. and sentenced them to imprisonment till the rising of the court and to pay a fine of rs. 1,000 each ..... convicted of a criminal charge, he could not be said to be not liable to be dismissed in view of provisions of section 12 of the probation of offenders act when he is released under the beneficial provisions of that act.the factors taken note of by the appellate court in criminal proceedings to release the petitioner under the probation of offenders .....
Tag this Judgment!Court : Chennai
Decided on : Nov-08-1989
Reported in : (1990)1MLJ163
..... bad.4. i have carefully considered the arguments of the learned counsel for the petitioner. in exercise of the powers conferred by sub-section (1) of section 3 of the commissions of inquiry act, 1952 (central act ix of 1952) a commission of inquiry consisting of a single member namely justice bhaskaran of this court has been appointed by the ..... a departmental inquiry against its officers.'in orient paper mills v. union of india : air1979cal114 the calcutta high court referred to section 3 of the act and held as follows: (at p.124)section 3 of the act has got two parts. it confers power upon the central government to appoint a commission if there exists definite matter of public ..... bhaskaran of madras high court and that the very appointment of the commission of inquiry is not in consonance of the provisions laid down under section 3 of the commissions of inquiry act, 1952. it is further stated that it is not for a definite matter of public importance but only for information to find out the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-08-1989
Reported in : (1989)2MLJ385
..... compound interest, in the aforesaid circumstances, at 12% p.a. with half-yearly rests appears to be just and reasonable, especially when, on the facts, section 23(f) of the act stood attracted and the appellants have not exercised an option for payment of the net profits made by the respondent by the employment of the trust funds. considering ..... interest at 6% p.a., unless the court otherwise directs. as we have pointed out earlier, with reference to clauses (e) and (f) falling under section 23 of the act, there is no specification of the rate of compound interest, but it is stated that such interest would be at the same rate and that would enable the ..... committed breach of trust and he is, therefore, liable to make good the loss, the beneficiaries of the trust property had thereby sustained. the further provision under section 23 of the act is to the effect that such a trustee committing a breach of trust is not liable to pay interest except in the cases enumerated under clauses (a) to .....
Tag this Judgment!Court : Chennai
Decided on : Nov-10-1989
Reported in : (1990)1MLJ328
..... in the present case, it is not the case of the insolvents that their leasehold interest is not disposable or transferable absolutely. further, under section 108 of the transfer of property act, in the absence of contract to the contrary, lessee may transfer his leasehold interest absolutely.7. the learned official assignee also brought to my ..... .1990 which the adjudicted insolvents had at the time of their adjudication, is a property that vested with the official assignee after adjudication, under section 17 of the presidency towns insolvency act. if so, the applicants in appln. no. 348 of 1989 cannot be lessees of the said premises after their adjudication and appln. no ..... present case, there can be no doubt that the abovesaid leasehold interest is a property. the definition of the term 'property' under section 2 (f) of the presidency towns insolvency act runs as follows:property' includes any property over which or the profits of which any person has a disposing power which he may exercise .....
Tag this Judgment!Court : Chennai
Decided on : Nov-13-1989
Reported in : (1990)1MLJ216
..... government and it cannot override the fundamental rule. tamil nadu municipal services (discipline and appeal) rules, 1970 is concerned with the penalties and sub rules 3 and 4 to section 34-3 deal with the reduction to a lower rank in the seniority list or to a lower post or time scale or to a lower stage in a time ..... as amended from time to time as applicable to government servants, shall apply in so far as they are not inconsistent with the rules made under the district municipalities acts 1920 (tamil nadu act v of 1920), rule 29 of the fundamental rules reads as follows:if a government servant is reduced as a measure of penalty to a lower service, grade ..... petitioner was directly recruited to the post of bill collector and that he cannot be reverted to a lower post of the cadre of chairman in which he had not acted previously and that the period of reversion has not been specified resulting in reversion as a permanent measure. it is further stated in the counter-affidavit that the charges .....
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