Court : Chennai
Decided on : Aug-28-2003
Reported in : AIR2004Mad127; 2004(1)ARBLR496(Madras)
..... their intention nor their readiness to submit to the arbitration, it is not open to the defendants to insist upon the plaintiff to resort to section 11 of the act for appointment of the arbitrator. it is relevant to note that the judicial authority has no power to compel the authorities to refer the matter ..... on behalf of the defendants, it is further submitted that the plaintiff ought to have sought for the appointment of the arbitrator under the procedure contemplated under section 11 of the act. as discussed earlier, nowhere in the earlier stage, defendants requested for referring the matter to arbitration. on the other hand, defendants have only exhibited their ..... for the plaintiff is right in contending that it is impossible to give effect to clause 23-a.27. drawing the attention of the court to section 11 of the act, which contemplates the procedure for appointment of the arbitrator, learned counsel for defendants submitted that clause 23a is clear and it is not suffering from .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-2003
Reported in : [2003]132STC354(Mad)
..... as to the correctness of the goods detention order passed by the respondent. if the respondent has taken a little bit pain to look into the provision of section 42 of the tngst act, which he invoked for passing the impugned orders, he would not have passed the orders impugned. the reasoning given in the impugned orders are ex facie illegal ..... stated in the goods detention order, i am afraid to accept such a reason is legally sustainable for detention of the goods by invoking the powers under section 42 of the tngst act, which provides for detaining the goods for non-payment of tax or evasion of tax in respect of sale or purchase of the goods under the provision ..... has been paid, or whether the sale or purchase of the goods carried has, for the purpose of the payment of tax under the tngst act, been properly accounted for in the documents referred to in sub-section (5), such as bills of sale, or delivery notes, or such other document as may be prescribed. if on examination and inspection it .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-2003
Reported in : II(2004)ACC692; 2004ACJ777; (2004)ILLJ520Mad; (2003)3MLJ647
..... . the respondents instituted w.c.no.21 of 1997 on the file of the additional commissioner for workmen's compensation, pondicherry claiming a compensation under section 10(1) of the workmen's compensation act, 1923 against the appellants herein for the death of their son employed by the first appellant herein in respect of the accident arising out of and ..... advanced:'(a) whether the learned additional commissioner is correct in not fixing the wages of the deceased at rs. 2,000 as per section 4(1), clause (b), explanation ii of the workmen's compensation act, 1923?(b) whether the learned additional commissioner is correct in not taking the date of accident and fixing the wages of the deceased?' ..... same reasoning, we also hold that on the date of accident in the present case, in terms of the provisions that existed namely central act, 30 of 1995, for the purpose of wages, explanation ii to section 4(1) has to be taken only as rs. 2,000 which is the maximum for the purpose of clauses (a) and (b .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-2003
Reported in : [2004]118CompCas167(Mad); (2004)ILLJ491Mad
..... petitioner cannot be proceeded with; that the proviso to section 14a of the act comes into play only at a much later stage, viz., after discharge of initial onus by the complainant. 6. during arguments, the learned counsel for the ..... the evidence as to on what basis such an assertion is made by the complainant; that the primary onus lies with the complainant in an offence under section 14a of the act to show that the persons sought tobe proceeded against were directors in the a1 company and in the absence of any such averment in the complainant, the ..... of the a1 firm viz. m/s. komminar textiles (p) limited, pethappampatti, udumalpet taluk, which is an `establishment' within the meaning of the said act; that under sections 6 and 6a of the act r/w. paragraphs 30 and 38 of the employees' provident funds scheme, the accused are required to pay the member's and employer's contributions to .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-2003
Reported in : III(2004)ACC509; (2003)3MLJ446
..... remarks as to the defect or damages or condition of the consignment at the time of booking in the forwarding note, any adverse inference could be drawn under section 98 of the railways act?16. the above common points arise in all the three appeals. accordingly, all the appeals could be considered together. the points are being considered together as they ..... and powder was pouring from the holes and damage has been assessed as seen from the inspection report. it is also not in dispute that a notice under section 106 of the railways act was issued and the claim has been repudiated by the railways. in all the three cases, only documentary evidence and no oral evidence has been let in. ..... , the delay in the transit is not at all been explained nor there is an attempt to explain the delay nor the respondent railways could bring it under section 95 of the act. there is a failure on the part of the railways to explain the delay.35. that apart, the forwarding note also has not been produced by the .....
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 : Sep-02-2003
Reported in : [2004]51SCL53(Mad)
..... made by the regional director in his affidavit that the issue in this petition falls within the purview of section 78 read with section 100 of the act and it does not fall under section 391/394 of the act. the said section 100 itself provides that the procedure may be dispensed with by the court if it thinks fit and proper ..... a part of carry forward losses against the share premium account of the company falls within the purview of section 78 read with section 100 of the companies act, 1956 and hence it does not fall under section 391/394 of the companies act, 1956.7. in response, the counsel for petitioner has submitted that the said contention is not well ..... proposal of the petitioner is not one of four such methods the provisions relating to reduction of share capital will apply section 100 of the companies act, and it may be seen whether an arrangement within section 391 would achieve the same object and whether the provisions relating to reduction of capital can be said to have been .....
Tag this Judgment!Court : Chennai
Decided on : Sep-05-2003
Reported in : (2004)IILLJ622Mad
..... 5. it is not in dispute that a settlement was arrived at between the management and the workers' union on 9-8-90 under section 12(3) of the industrial disputes act regarding union election facilitating election for secret ballot to elect workers representatives. it is also not disputed that as per the said 12 (3 ..... originally the factory at ranipet was under the control and management of enfield india limited. there was a settlement dated 9-8-90 under section 12(3) of the industrial disptues act between the management and the several workers' unions facilitating election by secret ballot to elect workers representatives. as per the said 12(3) ..... his inability to conduct union elections.2. the case of the petitioner is briefly stated hereunder:both the petitioners are trade union registered under the trade unions act, 1926. the petitioner union believes in democratic election, electing the workers representatives by all the workers in the industry. the greaves limited has a factory at .....
Tag this Judgment!Court : Chennai
Decided on : Sep-05-2003
Reported in : (2004)ILLJ657Mad
..... heard several persons involving in the subject, visited many manufacturing places and noted various features therein. further, in the light of the saving provision under section 9a of the act, even on the ground of existence of any vacancy or of any defect in the constitution of the committee, the same cannot be questioned.13. ..... also not disputed that employment in medical and sales representatives is a scheduled employment, as defined in section 2 of the act. sections 3 and 4 of the act empower the government to fix minimum rates of wages, and section 5 speaks about the procedure for fixing and revising minimum wages. in order to fix minimum wages ..... representatives in the pharmaceutical manufacturers and marketing units and pharmaceutical wholesale distribution units. it is not disputed that sections 3(1)(a) and 5(2) of the minimum wages act, 1948 (hereinafter referred to as 'the act') empower the government of tamil nadu to fix minimum rates of wages in respect of schedule employment. it .....
Tag this Judgment!Court : Chennai
Decided on : Sep-08-2003
Reported in : (2004)ILLJ323Mad; (2003)3MLJ557
..... counsel for the plaintiff who seeks for a restraint as claimed in the applications.20. learned counsel appearing for defendants submitted that in view of section 42 of specific relief act, such negative covenant cannot be enforced after the termination of services. it is also submitted that when the plaintiff company has not clearly indicated ..... of such negative covenant in the post employment period may be enforceable in england.24. learned counsel for the defendants rightly placed reliance upon section 42 of the specific relief act that approach cannot be adopted in india. more so, in the instant case, where the defendants are top executives, who are necessarily to ..... and if the confidential information is divulged, the same cannot be compensated, in terms of money. drawing the attention of the court to section 38(1) of the specific relief act, learned counsel further submitted that when there is breach of obligation by the defendants, the court is to extend its arm protecting the .....
Tag this Judgment!