Court : Chennai
Decided on : Aug-14-1989
Reported in : 1990(26)ECC145
..... of the passport and even assuming that it could be seized, the officer has not complied with the provisions prescribed under sub-section (8) of section 34 of the foreign exchange regulation act. learned counsel further contends that no mahazar has been prepared and that the seizure of the passport itself is illegal and as ..... not interfere at this stage and exercise the powers under article 226 of the constitution of india. learned counsel further points out that under section 30 of the foreign exchange regulation act, 1973, power is conferred on the director of enforcement or any other officer to require any person to produce or deliver any document ..... of the respondent at the departure hall, international airport, meenambakkam, madras and his person and the petitioner's suit case was searched under section 34 of the foreign exchange regulation act, 1973 in the presence of the two independent witnesses. after the search, certain envelopes and documents were recovered from the suit case of .....
Tag this Judgment!Court : Chennai
Decided on : Aug-22-1989
Reported in : (1989)2MLJ212
..... certificate was engrossed on stamp papers. the mortgagors filed an application to the high court. before the appeal was heard, an application under order 34, rule 5, and section 151, c.p.c. was filed by the mortgagors for redemption of the mortgage. the second respondent-purchaser objected that the application was belated and in any event, such ..... rule 89 to set aside the sale, depositing the whole amount, plus 5% for the auction purchaser and costs. the court held that under article 166 of the limitation act the application was not in time and dismissed it. subsequently the petitioner filed a review petition stating that his application was not one under order 21, rule 89, but ..... amount was deposited and in the face of the same, no separate application is necessary. the learned counsel also submitted that in view of article 127 of the limitation act, the petition has to be filed within 30 days to set aside the sale and it is a proper compliance if the amount is deposited before the time and .....
Tag this Judgment!Court : Chennai
Decided on : Aug-22-1989
Reported in : (1989)2MLJ218
..... 1971 aircj (s.n.) 22, the question arose whether an earning and married son of a landlord, would be a dependent for purposes of section 14(e) of delhi rent control act (act 5 of 1958). it was held that a son married or unmarried, in service, cannot be regarded as wholly independent in view of the prevailing ..... respondents cannot seek an order of eviction on the ground that the building is required for residential user, as that would violate section 21 of the act. this argument is misconceived, for, section 21 of the act provides for conversion of a residential building into a nonresidential building, except with the permission in writing of the controller. if, ..... building in the occupation of the petitioner is a non-residential building, the conversion thereof into a residential building, would not fall within the scope of section 21 of the act at all. however, it may be pointed out that even in the application for eviction, the respondents have clearly stated that the premises had been let .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-1989
Reported in : (1991)1MLJ137
..... is every risk. yet, they dare work, compelled by poverty and by the dire necessity of life.27. in this connection, we may usefully quote section 4 of the maternity benefit act, 1961:section 4 employment of, or work by, woman prohibited during certain periods: (1) no employer shall knowingly employ a woman in any establishment during the ..... pregnancy, or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.(5) the period referred to in sub-section (3) shall be (a) the period of one month immediately preceding the period of six weeks before the date of the expected delivery; (b) any period ..... which the pregnant woman does not avail of leave of absence under section 6.section 5 of the said act deals with the right of payment of maternity benefit. in the absence of such a criteria as mentioned in sub-section (3) of section 4 of the maternity benefit act, the regulation in question is clearly unreasonable.28. the regulation since .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-1989
Reported in : (1991)IILLJ234Mad; (1991)IMLJ137
..... application was made that a pregnant woman cannot be considered, that ground cannot prevail. the appellant would also be entitled to the benefits under the maternity benefit act, 1961. when there is no physical hindrance while the appellant was working under the contract labour system, pregnancy cannot be a ground even to temporarily disqualify her ..... , however, appears to be purely an artificial argument because once a married woman is allowed to continue in service then under the provisions of the maternity benefit act, 1961 and the maharashtra maternity rules, 1965 (these apply to both the corporations as their head offices are at bombay) she is entitled to certain benefits ..... yet, they dare work, compelled by poverty and by the dire necessity of life.27. in this connection, we may usefully quote s. 4 of the maternity benefit act, 1961 :-"s. 4 employment of, or work by, woman, prohibited during certain periods : (1) no employer shall knowingly employ a woman in any establishment during .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-1989
Reported in : AIR1990Mad232
..... accepted, etc., and parties to the proceedings bear the expenses relating to publication etc. the limited service rendered by an auctioneer or an advocate, under such circumstances, is to act as a conduit pipe and not to take any risk whatever on any factor. yet, on a so-called percentage basis, they collect huge amounts, which parties in distress ..... relieve against a forfeiture clause if circumstances justify where the contract of the parties has merged in the order of the court, and thereafter, the court's freedom to act to further the ends of justice would surely not stand curtailed. 3. therefore, having given consent for the offer made by the appellant, it is not now open ..... . yet another decision relied upon is smt. jatan kanwar golcha v. golcha properties p. ltd, : [1971]3scr247 wherein in construing s. 457(1)(c) of the companies act. it was held that it is implicit in that rule that, if the directions which have to be given by the court would affect any person prejudicially, he must be .....
Tag this Judgment!Court : Chennai
Decided on : Sep-05-1989
Reported in : 1990CriLJ1728
..... is further stated that if the detenu is refused of his opportunity to have justice rendered to him by delaying tactics by the detaining authorities, such an act would be unconstitutional necessitating declaring the detention as illegal. the further contents of the affidavit disclose that the detention has caused extreme mental torture and physical sufferings ..... -affidavit only on 29-11-1988 after signing it on 18-10-1988 knowing the fact of the release of the detenu on 14-10-1988. the act of the second respondent is stated to be one of wilful disobedience to the notice issued by this court. expeditious reply is contemplated not only for considering ..... made by the second respondent in exercise of the powers conferred on him by section 3(1) of the tamil nadu prevention of dangerous activities of bootleggers, drug offenders, goondas, immoral traffic offenders and slum grabbers act, xiv of 1982, hereinafter referred to as the act. the detenu was detained as a bootlegger. (2) the writ petition .....
Tag this Judgment!Court : Chennai
Decided on : Sep-08-1989
Reported in : (1990)2MLJ444
..... it would also be appropriate at this stage to take note of the scope of section 18 of the tamil nadu buildings (lease and rent control) act, as amended. under that section, the rent controller executing an order of eviction remains a rent controller, but the ..... this stage that the respondent filed r.e.a.no.49 of 1988 purporting to be under order 21, rule 29, and section 151, civil procedure code praying that the further proceedings in r.e.p.no.4 of 1988 in r.c.o.p.no.iii ..... viz., a suit at the instance of the judgment-debtor against the decree-holder. prior, however, to the amendment introduced by act 104 of 1976, the requirement to be fulfilled before invoking order 21, rule 29, civil procedure code was that there should be an identity ..... iii of 1978 before the rent controller (district munsif), salem, under sections 10(2)(1) and 14(1)(b) of the tamil nadu buildings (lease and rent control) act 18 of 1960, as amended by act 23 of 1973, praying for an order of eviction against the respondent .....
Tag this Judgment!Court : Chennai
Decided on : Sep-12-1989
Reported in : 1991(53)ELT312(Mad)
..... reads thus : 'exemption to aluminium manufactures containing more than 97% of aluminium :- in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), and in supersession of the notification of the government of india in the department of revenue and banking ..... excise duty which amounted to rs. 1,91,205.80 in this case. they, therefore, filed a claim for refund under section 27 of the customs act within the stipulated time. thereafter, the assistant collector of customs considered the application and rejected the same holding that item 73.15 ..... . item 73.15 mentioned in the first schedule to the import tariff as follows : annexureextracts from the customs tariff act, 1975(51 of 1975)the first schedule-import tariff(see section 2)------------------------------------------------------------------------rate of duty duration whenhead-sub-heading no. and ------------------ rates of dutying description of article standard preferential are protectiveno .....
Tag this Judgment!Court : Chennai
Decided on : Sep-15-1989
Reported in : (1990)ILLJ555Mad
..... the rules. there is sufficient safeguard that properly trained officers would be appointed in as much as clear cut guidelines have been given. 12. the section itself provides for acting in accordance with the principles of natural justice. sub-s. (3) is mandatory in that no order determining the amount shall be made unless the employer ..... in respect of matters not involving fundamental rights. the determination of the amount payable by the employer under the provisions of the act does not affect any fundamental right of the employer. even if the section can be constructed as one imposing restrictions on the right to carry on trade or profession, it does not impose any unreasonable ..... discussed by the patna bench and we find ourselves in agreement with the view expressed by them that s. 7a of the act is not ultra vires art. 14 of the constitution and that the said section ensures just and fair enquiry. 19. in the result, all the contentions urged by learned counsel for the petitioners fail and .....
Tag this Judgment!