Court : Chennai
Decided on : Nov-15-1989
Reported in : [1991]71CompCas95(Mad)
..... non-availability of the daily official list of stock exchange limited to the general public thus defeats the very object for which the legislature enacted section 154 of the companies act. it is, therefore, futile to contend that the issuance of the information about the closure of the registers in the daily official list should ..... filing of the writ appeals.3. one of the crucial points raised before the learned judge and in these appeals,is whether the requirements under section 154 of the companies act are mandatory or only directory in nature. after referring to the meaning ascribable to the expression "newspaper" as found in various dictionaries and different ..... company are listed on the madras stock exchange. the second respondent (ranking of parties as in writ petitions ) moved the company law board under section 111 of the act for directing the rectification of the register of members of the company by entering the names of the respective second respondents in relation to the shares .....
Tag this Judgment!Court : Chennai
Decided on : Nov-15-1989
Reported in : (1990)1MLJ466
..... availability of the daily official list of the stock exchange limited to the general public thus defeats the very object for which the legislature enacted section 154 of the companies act. it is therefore futile to content that the issuance of the information about the closure of the registers in the daily official list should ..... filing of the writ appeals.3. one of the crucial points raised before the learned judge and in these appeal, is whether the requirements under section 154 of the companies act are mandatory or only directory in nature. after referring to the meaning ascribable to the expression, 'newspaper' as found in various dictionaries and different ..... of the company are listed on the madras stock exchange. second respondent (ranking of parties as in writ petitions) moved the company law board under section 111 of the act for directing the rectification of the register of members of the company by entering the names of the respective second respondents in relation to the shares .....
Tag this Judgment!Court : Chennai
Decided on : Nov-17-1989
Reported in : 1990CriLJ2767
..... and temporal lobe. stomach contains about seven ounces of liquid, smell of arrack. the mueus membrane of the stomach was lacerated. lungs pale in colour. liver pale in colour. cut section dry. spleen and kidney are normal. opening of the skull. fracture of both parietal bones extradural haemorrhage and blood clot present. meninges congested. brain substance normal."in the opinion of ..... returned to their houses. all that has to be considered now is whether p.w. 1 has place the entire truth about the occurrence as it has happened. the over acts in respect of each of the accused, which have been detained earlier, have been spoken to by p.w. 1 as for the over tact attributed to the second ..... is concerned neither p.w. 6 nor p.w. 7 had noticed any injury on the occipital region of the head of the deceased to furnish/corroboration, to the overt act attributed only one beating on the back of the head of the deceased by a. 1. it will be relevant to notice the medical evidence furnished by p.w. .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-1989
Reported in : AIR1991Mad246
..... conditions for affiliating colleges to the university and to withdraw affiliation from colleges and to provide for the inspection of all colleges and hostels.32. section 19 of the madras university act sets out the powers of the syndicate. the syndicate has power to make ordinances and amend or repeal the same among other powers. u ..... the duties enjoined on the council are confined to such new institutions and not the existing institutions. the language of the other clauses in sec. 10 of the act as well as the other sections of the act shows that the jurisdiction of the council extends over all the technical institutions, whether established before or after the ..... are to be started thereafter. we have no doubt whatever that the act applies to all technical institutions, whether they came to be before the passing of the act or subsequent thereto. the learned advocate general lays stress on section 10(k) of the act which provides for grant of approval for starting new technical institutions and .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-1989
Reported in : [1990]33ITD493(Mad)
..... is established) which is repugnant to any of the provisions of that chapter or the rules made thereunder.'read with the definition of recognised provident fund in sec. 2(38) of the i. t. act, 1961, which read as under :'2(38) recognised provident fund means a provident fund which has been and continues to be recognised by the chief commissioner or ..... made to the employees provident fund are contributions made to a recognised provident fund in view of sec. 9 of the e. p. f. act, which read as under :'9. fund to be recognised under act 11 of 1922. - for the purposes of the indian income-tax act, 1922, the fund shall be deemed to be a recognised provident fund within the meaning of ..... was getting a salary in excess of rs. 1,000 per month. admittedly also the establishment was one to which the e.p.f act applied. section 5 of the e. p. f. act empowered the central govt. to frame a scheme for the working of the act. it is seen that under paragraph 2(f) of the scheme of the e. p. f .....
Tag this Judgment!Court : Chennai
Decided on : Nov-27-1989
Reported in : [1990]32ITD794(Mad)
..... development rebate and the question was whether the sanitary and pipeline fittings installed fell within the definition of plant given in section 10(5) of the 1922 act which was similar to the definition given in section 43(3) of the 1961 act and this court after approving the definition of plant given by lindley, l. j. in yarmouth v. france [1887] 19 qbd ..... given by lindley, l. j. in yarmouth v. france [1887] 19 qbd 647, a case in which it was decided that a cart-horse was plant within the meaning of section 1(1) of the employers liability act, 1880. the relevant passage occurring at page 658 of the report runs thus :'there is no definition of plant in the ..... act : but in its ordinary sense, it includes whatever apparatus is used by a businessman for carrying on his business,-not his stock-in-trade which he buys or makes for .....
Tag this Judgment!Court : Chennai
Decided on : Nov-28-1989
Reported in : (1990)1MLJ516
..... swadeshi cotton mills v. union of india : [1981]2scr533 although the majority held that the expression that immediate action is necessary in section 18aa(1)(a) of the industries (development and regulation) act, 1951, does not exclude absolutely, by necessary implication the application of the audi alteram partem rule, chinnappa reddy, j. dissented with ..... and associated cement companies ltd. v. t.c. srivastava : (1984)iillj105sc , apart from article 311 prior to its amendment by the constitution (forty-second amendment) act, 1976, it is not necessary either under the ordinary law of the land or under industrial law to give a second opportunity to show cause against the penalty proposed ..... of the enquiry officer are correct and accepted the same. it is also stated in the counter affidavit that in view of the gravity of the acts of misconduct committed by the petitioner and proved at the domestic enquiry, the disciplinary authority took the decision to impose on the petitioner the punishment .....
Tag this Judgment!Court : Chennai
Decided on : Dec-12-1989
Reported in : (1990)2MLJ381
..... tamil nadu panchayats act published by the madras law journal office, madras under the heading 'house tax' reads as follows:the following buildings shall, if they fall within the definition of 'house ..... to pay the tax on the basis thereof, obviously, all is not' well with the first respondent panchayat.3. the relevant rules framed under the tamil nadu panchayats act (xxxv of 1958) grant exemption from payment of house tax for certain classes of buildings. clause (c) of rule 1 which is available at page 174 of the ..... ' under the act be exempt from the house tax--(a) ....(b) ....(c) buildings used for educational purposes including hostels and for libraries which are open to the public, public buildings .....
Tag this Judgment!Court : Chennai
Decided on : Dec-13-1989
Reported in : 1991ACJ874; (1994)IIILLJ514Mad
..... brother p.l. veeriah. the third respondent admittedly is the mother of the deceased worker. under section 2(d) of the act, 'dependent' has been defined as follows:'dependent' means any of the following relatives of a deceased workman namely:- (i) a widow, a minor legitimate son, ..... constitution shall not be invoked. hence, this writ petition is not maintainable, as the petitioner has got an alternative remedy by way of an appeal under section 30(c) of the act.2. the petitioner claims to be the paternal uncle of the deceased worker, as according to his affidavit, the deceased worker was the son of his ..... claim of the third respondent herein for payment of compensation as the dependent of the deceased worker. an appeal lies against the said order under section 30(c) of the workmen's compensation act, 1923. the affidavit of the petitioner does not refer to the existence of the statutory remedy by way of appeal; nor does it explain .....
Tag this Judgment!Court : Chennai
Decided on : Dec-15-1989
Reported in : (1990)1MLJ199
..... has been made by the collector before taking possession. the payment of interest, therefore, cannot, in any way, whittle down the requirements of section 11-a of the act (supra). the section talks of the interest becoming payable from the date of taking over possession at the specified rate on the award amount when the compensation is ..... revesting takes place by operation of law.15. the last submission made by mr. krishnamurthi appearing for the second respondent was that since under section 34 of the land acquisition act interest is payable on the failure to pay or deposit the compensation, the delay in the making of the award, particularly when urgency provisions ..... preventing the authorities from passing orders within the stipulated time.4. mr. k. govindarajan, learned counsel for the appellant, submits that as per section 11-a of the land acquisition act, in any event, within two years from 3.12.1984 the collector having not passed the award, the entire proceedings for the acquisition of .....
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