Court : Chennai
Decided on : Jul-21-1989
Reported in : 1990ACJ794; AIR1990Mad372
..... this appeal challenging the above two findings.2. the appellant filed the claim petition in m.a.c.t.o.p. no. 162 of 1980 under section 110-a of the motor vehicles act before the motor accidents claims tribunal (additional district judge), thirunelveli, on the averments that her husband gnanamani nadar on 2-4-1980 at 4.30 p ..... the crane and also that the compensation was excessive.4. an additional counter was later filed contending that the crane was not a motor vehicle within the definition of the act and that, therfore, the motor accident claims tribunal has no jurisdiction to decide the claim.5. before the tribunal, the appellant examined himself as p.w. 2 ..... falls within the definition of 'motor vehicle' as found above.10. the reason given by the tribunal for holding that the crane is not a motor vehicle under the act is that the concerned motor vehicles inspector refused to inspect the vehicle, since the crane, according to him, was not a motor vehicle. the tribunal has also stated that .....
Tag this Judgment!Court : Chennai
Decided on : Jul-25-1989
Reported in : (1989)2MLJ124
..... public good. both the decisions have preceeded on the basis that the candidate has, no vested right. thereafter, it is open to given directions to a public authority to not act against rules and the principle of law upheld by the court. it is the cardinal duty of court to enforce the provisions of the ..... act, regulations, and rules in the manner as framed, and if they are found to be unreasonable, illegal or invalid, it is open to the court to strike down the rules. .....
Tag this Judgment!Court : Chennai
Decided on : Jul-26-1989
Reported in : (1989)2MLJ469
..... and permitted increases, if any, and observes and performs the other conditions of the tenancy in so far as they are consistent with the provision of the act. section 13 provides for exceptional cases in which the landlord can eject the tenant even though he had been paying rent regularly or be ready and willing to pay rent ..... both the landlord and the tenant that a harmony is sought to be struck whereby the bona fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have bona ..... to make such alterations or modifications as necessary for his purposes. the provision for requirement for purposes of demolition and reconstruction is found in section 14(1)(b) of the act. under that sub-section, the controller shall, if he is satisfied on an application made by the landlord that the building is bona fide required by the .....
Tag this Judgment!Court : Chennai
Decided on : Aug-02-1989
Reported in : AIR1990Mad347
..... and they do not require interference at our hands. once there is a refusal to set aside the award, then the implications of sec. 17 of the act come into play and as we have already noted, there is no other alternative for the court, except to pronounce a judgment, ..... them to the facts of the present cases, we find no scope for the court to invoke the aid of s. 30 of the act for the purpose of setting aside the awards. if that is so, we find that the dismissals of o.p. 172 and 173 ..... and there is every justification for bringing the matters within the scope of s. 30 and in particular cl. (a) thereof of the act, and setting aside the awards. learned counsel appearing for the board would submit that this is a case where it must be held that ..... is no ground to set aside the awards, then by the very force of s. 17 of the arbitration act 10 of 1940, hereinafter referred to as the act, the court below is left with no other alternative but to proceed to pronounce the judgments according to the awards .....
Tag this Judgment!Court : Chennai
Decided on : Aug-07-1989
Reported in : [1990]33ITD228(Mad)
..... be properly revised or modified for considering the genuineness of the cash credits appearing in the names of the above 24 parties, in accordance with the provisions of section 68 of the income-tax act, 1961. in reply to the above notice, the assessee submitted that the ito had accepted the credits of rs. 10,90,687 on the basis of ..... orderper shri r. rangayya, accountant member - this is an appeal filed by the assessee against the order passed by the commissioner of income-tax under section 263 of the income-tax act, 1961 for the asst. year 1984-85. the ito by an assessment order passed on 18-8-1984 computed the assessees total income at rs. 11,980. the ..... the commissioner could not rely on record, which came into the possession of the department after completion of the assessment, it is contended that he had no jurisdiction to act under section 263 by taking into account the results of the survey. it was accordingly prayed that the proposal to modify or revise the assessment under .....
Tag this Judgment!Court : Chennai
Decided on : Aug-08-1989
Reported in : I(1990)DMC410
..... 'if we apply these principles to the facts in the instant case, the answer on the point under reference cannot but be plainest possible yes.'2. section 236 of the indian succession act rightly bars grant of letters of administration to a minor because of his legal in capacity. but it does not bar his guardian, whether natural guardian or ..... reference made to him for decision when two honourable judges of the said court had differed on this point of law. section 236 of the indian succession act says that letters of administration cannot be granted to any person, who is a minor. the learned judge of the calcutta high court, who rendered the ..... appointed under the will, a petition filed by minor legatee through his natural guardian for grant of letters of administration was maintainable in law and that section 236 of the indian succession act was not a bar to the filing of such a petition. this decision was rendered by a single judge of the calcutta high court on a .....
Tag this Judgment!Court : Chennai
Decided on : Aug-08-1989
Reported in : I(1991)DMC126
..... 'if we apply these principles to the facts in the instant case, the answer on the point under reference cannot but be plainest possible yes.'3. section 236 of the indian succession act rightly bars grant of letters of administration to a minor because of his legal in capacity. but it does not bar his guardian, whether natural guardian or ..... reference made to him for decision when two honourable judges of the said court had differed on this point of law. section 236 of the indian succession act says that letters of administration cannot be granted to any person, who is a minor. the learned judge of the calcutta high court, who rendered the ..... appointed under the will, a petition filed by minor legatee through his natural guardian for grant of letters of administration was maintainable in law and that section 236 of the indian succession act was not a bar to the filing of such a petition. this decision was rendered by a single judge of the calcutta high court on a .....
Tag this Judgment!Court : Chennai
Decided on : Aug-09-1989
Reported in : (1991)ILLJ285Mad
..... time was granted to him and he had officiated in another post within the prohibited period, will not alter the character of the transfer. according to him these are acts done by officials of the branch office and they will not be in any way relevant to consider the question whether the transfer is on request or administrative one. learned ..... of the memorandum of settlement between the majority union and the bank, it cannot be inferred from the facts and circumstances of this case that the bank chose to act against the terms of the settlement and passed an order of transfer on administrative grounds. learned counsel contends that the position was no doubt equivocal initially, as there was ..... may 1977 marked as ex. m. 5. the second respondent was directed to proceed to kayalpatnam on 18th july 1977 to relieve one mr. c. s. narayanan nair, who was acting in the place of mr. s. palaniappan, head cashier 'e' availing joining time. that memo is marked as ex. w. 5, it is clear therefrom that he had .....
Tag this Judgment!Court : Chennai
Decided on : Aug-11-1989
Reported in : (1990)1MLJ140
..... decree passed in the o.p. in this connection the learned counsel reads out the definition of 'landlord' given in section 2(3) of the act which reads as follows: landlord means any person owning any land and includes every person entitled to collect the rent of ..... -owners of the land have filed the suit.as said above, it cannot be said from the definition of 'landlord' given in section 2(3) that one or two landlords can file a suit against the tenant on behalf of themselves as well as the other ..... they become the landlords entitled to file an ejectment suit against the tenant on behalf of themselves as well as others.now, under section 9, when an ejectment suit is filed against a tenant by the landlord he may apply to the court for a direction to ..... of the same. the appellant herein who was the defendant in that suit filed a petition under section 9 of the tamil nadu city tenants protection act, 1921 (hereinafter referred to as the act). that is o.p. no. 76 of 1971. the said o.p. was allowed and .....
Tag this Judgment!Court : Chennai
Decided on : Aug-14-1989
Reported in : 1990CriLJ2570
..... be specified in the notification to try the following offences, namely : (a) an offence punishable under section 161, section 162, section 163, section 164, section 165 or section 165a of the indian penal code (act xiv of 1860) or section 5 of the prevention of corruption act, 1947. (ii of 1947); (b) any conspiracy to commit or any attempt to commit or any ..... of these points, two pioneering decisions of the supreme court explaining in so unambiguous and clear-cut-terms the extent of amplitude of the power, besides section 26 of the general clauses act, 1897 ('act, 1897' for short) may be referred to. 56. the first decision is the one reported in : 1960crilj1239 r. p. kanpur v. state ..... itself whether the order is justified by the facts and circumstances of the case. (10) in the exercise of the wholesome power under the section 482 of the act 2 of 1974 (section 561 of the 1898 code), the high court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding .....
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