Court : Chennai
Decided on : Mar-29-1989
Reported in : (1992)1MLJ54
..... to the writ jurisdiction.21. mr. m.r. narayanaswamy also placed reliance on the provisions of the act viz., section 32 of the tamil nadu co-operative societies act, 1983, corresponding to section 26 of the tamil nadu cooperative societies act, 1961 and submitted that the ultimate decision relating to the affairs of the society vests with the general body ..... special officers are appointed, they must be considered to be public authorities as they were appointed under the provisions of tamil nadu act 25 of 1976. a look into the preamble to act 25 of 1976 and sections 3 and 4 will support the contention that the society is amenable to writ jurisdiction.12. mr. m.r. narayanaswamy, ..... colleges referred to above, might be categorised as not being created by the statute or statutory rules. by several provisions of the act (which i have given copiously in the beginning) and specially by sections 25, 86 and 129 of the same. i am inclined to hold that the management of the affairs and the activities of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-29-1989
Reported in : (1990)ILLJ73Mad
..... . chandru, learned counsel for the petitioner, would refer to the provisions in tamil nadu private colleges (regulation) act, 1976. section 14 deals with the functions of the college committee and responsibilities of educational agency under the act. it states the subject to the provisions of the act, the college committee shall have power to take disciplinary action against teachers and other persons of the ..... private college. section 112 contemplates a secretary being appointed to the college committee. rule 9(3) states that he shall .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1989
Reported in : (1989)1MLJ467
..... in the pronouncement referred to by us above.14. we propose to go by the plain language of section 3 of the reduction act-section 3 of the reduction act speaks about 'saving'. sub-section (1) of section 3 of the reduction act alone is relevant and by plain and unambiguous language, it contemplates that the proceedings taken under the provisions ..... l.n.j. 440, there is no advertance to the implications of sub-section (1) of section 3 of the reduction act though there is a reference to sub-section (2) of the section 3 of the reduction act. sub-section (2) of section 3 of the reduction act merely speaks about the reduced ceiling limit with effect from 15.2.1970. it ..... ors. : (1975)1mlj67 , ismail, j., as he then was, held that for proceedings commenced under the principal act namely, act 58 of 1961, the reduction act cannot be applied and therefore, section 3(14) of the amendment act by act 17 of 1970 will not apply. the same was confirmed by a division bench consisting of veeraswami, j., and s. .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1989
Reported in : 1990CriLJ2559
..... necessary formalities of investigation, p.w. 18 laid a report under s. 173 cr.p.c. before the judicial second class magistrate, periyakulam on 21-12-1983 for offences under sections 323, 324, 326 and 302 read with s. 34 i.p.c. appeared to have been committed by accused 1 to 4. 3. the learned sessions judge, upon committal, framed ..... deceased would appear to have died of shock and haemorrhage due to injury to vital organs, heart and lungs. in such a circumstance, it cannot be stated that the overt acts of accused 1 in causing the external injuries nos. 1 and 2 could have caused injuries to vital organs, heart and lungs, resulting in the death of the deceased, as ..... prior concert or design among the accused to commit the murder of the deceased and that accused 1 to 4 are liable to be punished for their individual proved overt acts. therefore, he found accused 3 and 4 not guilty and acquitted them of all the charges framed against them. he however found accused 1 guilty under s. 326, i.p .....
Tag this Judgment!Court : Chennai
Decided on : Apr-03-1989
Reported in : AIR1990Mad8
..... if at all to be stamped,have the character of a declaration of trustand certainly not that of a mortgage deed asdefined under s. 2(17) of the act.2. section 2(17) of the act defines mortgage deed in the following terms :--'mortgage deed : 'mortgage deed' includes every instrument whereby, for the purpose of securing money advanced, or to be ..... .'as we could see from the above definition, it is an inclusive one. mortgage, as such, stands defined under s. 58(a) of the transfer of property act, as follows -'58(a). a mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be ..... person to and in favour of another, a right over or in respect of specifiedproperty. sec. 58(a) of the transfer of property act, referes to mortgages as relating to immovable property only, while the inclusive definition in s. 2(17) of the act applies it to transfers both of movable and immovable property. with this salient exception, the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-03-1989
Reported in : (1989)2MLJ5
..... at all to be stamped, have the character of a declaration of trust and certainly not that of a mortgage deed as defined under section 2(17) of the act. 2. section 2(17) of the act defines mortage deed in the following terms:mortgage deed: 'mortgage deed' includes every instrument whereby, for the purpose of securing money advanced, ..... loan, or an existing future debt, or the performance of an engagement which may give rise to a pecuniary liability. the definition of mortgage deed under section 29(17) of the act includes every instrument whereby, for the purpose of securing money, advanced or to be advanced, by way of loan, or an existing or a future debt ..... the discharge of the said debts. the revenue wanted to maintain that this document will fall within the definition of a mortgage deed under section 2(17) of the act attracting article 40 of the act. the respondents, on the other hand, presented the document without tendering any stamp duty, and on objections being raised that the document .....
Tag this Judgment!Court : Chennai
Decided on : Apr-04-1989
Reported in : AIR1990Mad87
..... stated to have been infringed. the observations of the supreme court could not he construed to say that if it is a case of a permit under section 5(4) of the act, the existing rice mill owner would have a lever to challenge the grant on the ground it has prejudicially affected his business. the observations of the supreme ..... of the constitution, its exercise is subject only to the restrictions imposed by law in the interest of the general public under art. 19(6)(i). if section 8(3)(c) of the act, which is merely regulatory is not complied with, there could be imposition of penalty, but a competitor in the business cannot seek to prevent the other, in ..... sanctioning the change in the location of the appellants' rice mill from its original site to the new site as per the provisions contained in section 8(3)(c) of the rice milling industry (regulation) act, 1958, and rejected the objection raised by the respondents.the respondents then moved a petition in the high court of mysore for a direction .....
Tag this Judgment!Court : Chennai
Decided on : Apr-04-1989
Reported in : (1989)2MLJ284
..... stated to have been infringed. the observations of the supreme court could not be construed to say that if it is a case of a permit under section 5(4) of the act the existing rice mill owner would have a lever to challenge the grant on the, ground it has prejudicially affected his business. the observations of the supreme ..... of the constitution, its exercise is subject only to the restrictions imposed by law in the interests of the general public under article 19(6)(i). if section 8(3)(c) of the act, which is merely regulatory is not completed with, there could be imposition of penalty, but a competitor in the business cannot seek to prevent the other, ..... the change in the location of the appellants 'rice mill from its original site to the new site' as per the provisions contained in section 8(3)(c) of the rice milling industry (regulation) act, 1958, and rejected the objection raised by the respondents.the respondents then moved a petition in the high court of mysore for a direction .....
Tag this Judgment!Court : Chennai
Decided on : Apr-05-1989
Reported in : (1990)IILLJ474Mad
..... the appellant and the bank. that contractual right cannot be taken away by introducing a proviso to dtcs order. that order is traceable to section 43 of the state bank of india act. the said section does not empower passing a resolution in 1984 so as to affect retrospectively the employees who had entered into service in 1969. in other ..... employee was ignored without any justification that was held to be bad. 8. in b. s. yadav v. central bank of india : [1987]3scr165 , section 12 of the bank nationalization act was considered and the nationalization with effect from 19th july, 1969 was upheld. however, as far as the case on hand is concerned, that date is irrelevant ..... of the bank which we will deal in detail in the later part of our judgment. in exercise of the powers conferred under sub-section (1) of section 43 of the state bank of india act, 1955, the first respondent-bank determined the terms and conditions of service of officers. the revised service conditions came into force on 1st .....
Tag this Judgment!Court : Chennai
Decided on : Apr-05-1989
Reported in : 1990CriLJ704
..... officer-in-charge of a police station and subject to the provisions of the code of criminal procedure. that the word 'otherwise' in sub-section (3) of section 104 of the customs act relates to the releasing of a person who has been arrested and has no reference to investment of the customs officer with all the powers which ..... r. antulay v. r. s. naik : 1984crilj647 . 15. before proceeding to consider the rival contentions put forth by either counsel let us look into section 103 of the customs act which provides for the screening or taking of x-ray of bodies of suspected persons for detecting secreted goods. sub-clause (7) thereof authorises the magistrate to order ..... (guj) wherein a division bench of the gujarat high court had taken the view that the provision to produce an arrested person before the magistrate under section 104 of the customs act would be meaningless and futile, if the magistrate did not have power of remand and directing release of such person on bail. 14. mr. rajamanickam .....
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