Court : Chennai
Decided on : Jan-31-2003
Reported in : (2003)IILLJ750Mad
..... case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion. sub- section (5) of section 25-m provides that if an application or permission under sub-section (1) or sub-section (3) has been made and if no order is passed granting or refusing to grant permission within a ..... at once. at that stage, the petitioner applied to the government of india for permission to lay-off and in terms of sub-section (1) of section 25 of the industrial disputes act, but in the exceptional circumstances, namely, the direction issued by the supreme court and the consequential orders of the district forest officer. ..... writ-petitioner-management, yet, it has declined to grant permission for lay-off. as rightly contended by the counsel for the petitioner, the first respondent has acted arbitrarily and had taken into consideration matters which are not relevant or irrelevant consideration has entered in the minds of the first respondent. the extraordinary circumstances has .....
Tag this Judgment!Court : Chennai
Decided on : Apr-10-2003
Reported in : 2003(2)CTC710
..... is not illegal merely because it proceeds on the uncorroborated testimony of the accomplice. 14.3. a harmonious reading of both illustration (b) to section 114 and section 133 of the act enunciates that though it is not illegal to convict upon the evidence of an accomplice supported by the confession of the co-accused, independent evidence ..... on the decision inghulam nabi war v. state of nct of delhi reported in 2000 scc (cri) 1135. in ghulam nabi war case, the prosecution recovered explosive substance from the bag of the first accused therein and the same was not used against the second accused therein, who was a tenant in possession of the ..... pw2 are approvers. in order to appreciate the evidence of pw1 and pw2, a reference to illustration (b) to section 114 and section 133 of the indian evidence act, (hereinafter referred to as the 'act') would be relevant. section 114: court may presume existence of certain facts.- the court may presume the existence of any fact which it thinks .....
Tag this Judgment!Court : Chennai
Decided on : Apr-29-2003
Reported in : 2003(2)CTC397
..... admit or deny the genuineness of each such document and the list of documents shall be in such form as may be prescribed by the state government. sub-section 3 of section 294, cr.p.c. contemplates that where the genuineness of any document is not disputed, such documents may be read in evidence in any inquiry, trial or ..... the contents of the document, ex.p.29 and as the contents of the document, ex.p.29, are not proved in terms of the provisions of the evidence act, it is to be excluded from the purview of this court.12. the prosecution can, of course, prove the contents of certain documents without examining the author of ..... the government scientific experts, to whom the section applies. a perusal of sub-section 4 of section 293, cr.p.c. indicates that the document issued by any chemical examiner or assistant chemical examiner to government, the report of a chief inspector of explosives, the report of the director of the finger print bureau, the report of the director, haffkeine institute, .....
Tag this Judgment!Court : Chennai
Decided on : Sep-01-2003
Reported in : 2003(1)CTC78
..... a fine of rs. 250 with a default sentence of three months' rigorous imprisonment. a4 to a14 were also charged under section 3 of the explosive substances act framed under charge no. 15 and under section 4(b) of the said act framed under charge no. 16 and each one of them was sentenced to undergo rigorous imprisonment for a period of three years ..... under each charge. charge no. 17 was framed against a4 to a14 under section 307, ipc and on finding them guilty, the ..... and therefore, an eviction petition in o.p.no. 42 of 1989 was filed against them before the special deputy collector (revenue), salem, under section 3(2)(b)(c) of the cultivating tenants protection act. an order of eviction was passed on 20.12.1991 in favour of p.w.14 and the said order stands marked as ex.p-3 .....
Tag this Judgment!Court : Chennai
Decided on : Dec-18-2003
Reported in : 2004(1)CTC721
..... one paranthaman, who is being tried for the offences under sec. 21(1)(a) and sec. 21(3) of pota read with sec. 13(1)(b) of unlawful activities (prevention) act, 1967 as also sec. 4(b)(1) and sec. 5(a) of the explosives substances act 1908 and sec.17(1) of the criminal law amendment act 1908. 2. learned counsel for the appellant in this ..... happened to this case, which is pending for the last ten years. the second prosecution is vide p.s. crime no.1988 of 1993 under sec. 10 of the unlawful activities (prevention) act on account of the seizure of 298 copies of 'kaviayanayagan kittu', a book on the ltte leader by name kittu, allegedly written by pala nedumaran himself ..... assisted in arranging the said indoor meeting which knew was to support the terrorist organisation ltte and hence had committed the offence under sec. 21(2) pota, punishable under sec. 21(4) of the said act.7. it is then further suggested in the charge-sheet that a-1 pala neduamaran had participated in a public meeting held on .....
Tag this Judgment!Court : Chennai
Decided on : Jan-03-2003
Reported in : AIR2003Mad192; II(2003)BC336; (2003)1MLJ586
..... the lower appellate court was right in declining to award interest to the appellant at the rate claimed by it in view of the provisions of the sale of goods act and section 34, c.p.c.?'10. elaborating the above substantial question of law on the strength of the decision reported in 1988 (1) l.w. 461 (rashi leathers (p ..... the appellant does not lay down any principle with reference to the point in issue. the said decision was given while the company petition for winding up under section 433 of the companies act, was disposed of and the said decision would not be of any use to the appellant. 15. on a perusal of the judgment of the supreme court ..... the agreement by disallowing the interest or by allowing interest at a rate other than agreed by the parties. such agreement may be express or implied. 21. section 80 of the negotiable instruments act, 1881 enacts that where no rate of interest is specified in a negotiable instrument, the court shall award interest at the rate of 6% per annum .....
Tag this Judgment!Court : Chennai
Decided on : Jan-03-2003
Reported in : [2003(97)FLR647]; (2003)IILLJ615Mad
..... the scheme which was binding on them, the scheme being part of the settlement which had been entered into bilaterally did amount to breach of the requirements of section 23 of the act, more particularly, sub clause (c) which resulted in the management having the right to regard the lock-out declared by it as legal and justified by ..... an illegal strike. 5. it must also be noticed here that subsequent to the order of the tribunal, the parties entered into a settlement under section 18(1) of the industrial disputes act which inter alia provided for the payment of 75% of the wages for this lock-out period leaving it open to the management to contest the ..... of the industry goes on unhampered and that the levels of production are not brought down by reason of the disputes for resolving which provision is made in the act by way of settlement by way of mutual negotiations, through conciliation, as also the resolution of disputes through the machinery of arbitration and ultimately by adjudication. the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-06-2003
Reported in : AIR2003Mad241
..... trust property and consequential reliefs. plaintiffs neither members nor persons having interest in trust, have no locus standi to institute suit and order granting leave to institute suit under section 92 is not proper.17. it has been held in mahant harnam singh v. gurdial singh, r.m. narayana chettiar v. n. lakshmanan chettiar that 'mere ..... organization involved in charitable and developmental activities on rent and not to the 7th defendant. this cannot constitute a ground to allege mismanagement and institute the suit under section 92. c. p. c. it is a personal grievance and nothing more. the actions are bona fide and it is transparent. the court is the guardian ..... and successors to be the executors and trustees of the will along with others. a committee of syndics should be nominated and appointed actually who are to act jointly with the bishop or vicar general for managing and conducting the affairs. the plaintiffs have been able to identify two properties-benz garden and de monte .....
Tag this Judgment!Court : Chennai
Decided on : Jan-09-2003
Reported in : [2003(97)FLR655]; (2003)IILLJ469Mad
..... the termination has reached finality.17. the lic of india (employees) pension rules, 1995, was framed by the central government in exercise of powers conferred by section 48 of the lic of india act, 1956, and the rules are called the lic of india (employees) pension rules, 1995. the rule was notified on 28.6.95 and deemed to ..... 1960 and rule 14 of the life insurance corporation of india class iii and class iv employees (revision of terms and conditions of service) rules, 1985 made under the act; (ii) voluntary retirement in accordance with the provisions contained in rule 31 of these rules.' 19. chapter ii provides for the applicability and eligibility of pension rules. rule ..... central government while giving its approval or that it is devoid of rational consideration and is wholly whimsical. in fixing the cut-off date the respondents had not acted mala fide with a view to deprive those who had retired on or before december 31, 1985 of the benefit of the pension scheme but for reasons stated .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-2003
Reported in : 2003(1)CTC259; I(2003)DMC668; (2003)2MLJ148
..... to be judged not from a solitary incident, but on an overall consideration of all relevant circumstances. ' 19. clause (i-a) of sub-section (1) of section 13 of the act is comprehensive enough to include cases of physical as also mental cruelty. it was formerly thought that actual physical harm or reasonable apprehension of it was ..... parties, their status, environment and social values, as also the customs and traditions governing them. 17. this court, construing the question of mental cruelty under section 13(1)(i-a) of the act, in the case of g.v.n. kameswara rao vs. g. jabilli observed: (scc pp.303-304, para 12). '12. the court has ..... mehta vs. inderjit mehta reported in : which supports the stand taken by the husband. their lordships after referring 'treating the petitioner with cruelty' in section 13(1)(i-a) of the act have concluded, '14. ........ under the statutory provision, cruelty includes both physical and mental cruelty. the legal conception of cruelty and the kind of degree .....
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