Court : Chennai
Decided on : Oct-27-2003
Reported in : 2006ACJ1224; (2004)1MLJ131
..... who was a mechanic, admittedly without a licence. according to the appellant, the insured had committed specific breach of the provisions of the motor vehicles act, in particular section 147 and had also contravened the terms and conditions of the policy, the contract of the insurance and as such the appellant cannot be saddled with ..... which appears to it to be just. this section corresponds to section 110-b of the motor vehicles act, 1939. the tribunal while computing compensation under section 168 of 1988 act, has a wide discretion than what it had under the fatal accidents act of 1855. the provisions of 1988 act are clearly beneficiary legislation and hence to be interpreted ..... its powers, which has to be done only in rare cases and subject to certain limitations.18. section 168 of the motor vehicles act, 1988 is to the effect that on receipt of application for compensation made under section 166, the tribunal shall after giving notice and hearing all the parties, hold an enquiry and make .....
Tag this Judgment!Court : Chennai
Decided on : Oct-28-2003
Reported in : (2004)1MLJ349
..... and unconstitutional. it was also their case that they were not employees of any of the departments or institutions mentioned in schedule-i of the act, and, therefore, the act, more particularly, section 36 had no application to their cases. 5. the specific case pleaded by them in their affidavit was that they had been employed in ..... the supreme court in the case of j.g. dholkia v. scindia steam navigation, : (1961)illj318sc , had while considering the effect of section 20(1) of the air corporations act, (act 27 of 1953) by which the air companies then existing in the country were nationalised, at paragraph 10 of the judgment referred to the english case ..... and held that, 'this observation itself shows that a contract of service may be transferred by a statutory provision.....' 26. dealing with section 20(1) of the air corporations act, 1953, the court observed, 'section 20(1) lays down that every officer or employee of the 'existing air companies' employed by them prior to the first day of .....
Tag this Judgment!Court : Chennai
Decided on : Oct-28-2003
Reported in : 2004(2)CTC266
..... - as to what is required to be done in a case where some parties to the suit are not parties to the arbitration agreement. as against this, under section 24 of the arbitration act, 1940, some of the parties to a suit could apply that the matters in difference between them be referred to arbitration and the court may refer the same ..... consideration is - even if there is no provision for partly referring the dispute to arbitration, whether such a course is possible under section 8 of the act in our view, it would be difficult to give an interpretation to section 8 under which bifurcation of the cause of action that is to say the subject matter of the suit or in some cases ..... orderr. balasubramanian, j.1. this is an application filed by the first defendant under section 8 of the arbitration and conciliation act, 1996 to refer the parties to the suit to arbitration and consequently dismiss the suit itself. heard the learned counsel for the applicant and the learned senior counsel for respondents .....
Tag this Judgment!Court : Chennai
Decided on : Oct-30-2003
Reported in : 2003LC299(Madras)
..... in the order impugned in the writ petition on the face of it would squarely fall within the definition of 'criminal contempt' as defined under section 2(c) of the contempt of courts act, 1971. section 2(c) defines the criminal contempt as under:-' 2(c) 'criminal contempt' means the publication (whether by words, spoken or written, or by ..... there is absolutely no reasoning to state as to what is the question of law involved in the revision petition in order to entertain the same under section 35ee of the act. therefore, looked at from any angle, absolutely no valid reasons shown for having allowed the revision of the respondent in the order of the first respondent ..... return the papers filed in the form of revision to the 3rd respondent with liberty to represent the same with an application under the proviso to section 35ee (2) of the act. on receipt of such application, the 1st respondent shall give an opportunity to the petitioner to put forth their objections on the question of delay .....
Tag this Judgment!Court : Chennai
Decided on : Oct-30-2003
Reported in : 2004(1)CTC310; (2004)IILLJ229Mad
..... in my considered view, these judgments are not applicable to the facts of the present case, as admittedly, there is no application filed by the management under section 33(2)(b) of the act. in the absence of such application and in the absence of any prior approval, the judgments of the apex court in jaipur zila sahakari bhoomi vikas bank case ..... five judges bench of the apex court in p.h. kalyani case (supra). that was a case where the apex court was considering the proviso to section 33(2)(b) of the act with regard to non payment of wages for one month. the apex court found that once the aproval is accorded by the labour court it shall relate ..... the apex court in jaipur zila sahakari bhoomi vikas bank case (supra) has held that the failure on the part of the management to obtain prior permission under section 33(2)(b) of the act would vitiate the order of termination and the order would be invalid and inoperative. however, in the present case, standing order 17(p) relates to the misconduct .....
Tag this Judgment!Court : Chennai
Decided on : Oct-30-2003
Reported in : 2003(158)ELT432(Mad)
..... in the order impugned in the writ petition on the face of it would squarely fall within the definition of 'criminal contempt' as difined under section 2(c) of the contempt of courts - act, 1971. section 2(c) defines the criminal contempt as under :-'2(c) 'criminal contempt' means the publication (whether by words, spoken or written, or by ..... there is absolutely no reasoning to state as to what is the question of law involved in the revision petition in order to entertain the same under section 35ee of the act. therefore, looked at from any angle, absolutely no valid reasons shown for having allowed the revision of the respondent in the order of the first respondent ..... return the papers filed in the form of revision to the 3rd respondent with liberty to represent the same with an application under the proviso to section 35ee (2) of the act. on receipt of such application, the 1st respondent shall give an opportunity to the petitioner to put forth their objections on the question of delay .....
Tag this Judgment!Court : Chennai
Decided on : Oct-30-2003
Reported in : 2004(1)CTLJ291(Mad); (2003)3MLJ733
..... submissions and available materials, the following points, which are of frequent occurrence before the executing courts, arise for consideration in this revision.(i) under sec. 128 of the contract act when the liability of the surety is co-extensive with the principal debtor, can the revision petitioner resist his liability to pay the amount insisting ..... the salary beyond the permissible limit.6. countering the arguments of the revision petitioner, the counsel for the 1st respondent / plaintiff submitted that under sec. 128 of the contract act, the liability of the surety is co-extensive with the principal debtor. it is further submitted that when security is taken for the purpose of ..... .(in execution of any other than a decree for maintenance)it may be mentioned that under the amendment act 46/1999, the words 'four hundred' is now substituted as 'rupees one thousand'. 18. by the reading of sec. 60(i) and the explanations thereon, the following propositions could be enumerated:(1) (a) salary .....
Tag this Judgment!Court : Chennai
Decided on : Oct-31-2003
Reported in : (2004)1MLJ76
..... is alleged by the landlord, and the answer of the tenant is that the landlord never issued receipts for payment of rents, the court cannot ignore the implications of section 8 of the act and that in the absence of any proof of payment of rent, it will not be in consonance with the provisions of the ..... held in 1996 (ii) lw 322, it should be seen from the point of view of the landlord. here, the petitioner admits that he has done all those acts. the acts by their very nature would certainly affect the building materially. the petitioner maintains that they are necessary for his business. this is irrelevant. the petitioner claims he had the ..... v) 1996 (i) lw 714 (panchavarnammal,e (died) &6 others v. e. saraswathiammal & 3 others 8. wilfuldefault: the act requires the tenant to obtain receipt for payment of rent. as per section 8(1) of the tamil nadu buildings (lease and rent control) act, 1960, every landlord shall issue a receipt duly signed by him and where a landlord refuses to accept rent .....
Tag this Judgment!Court : Chennai
Decided on : Oct-31-2003
Reported in : 2003(4)CTC549
..... was held as follows:'the application for exercise of power under proviso to rule 3 of order 23 can be labelled under section 151 of the code but when by the amending act specifically such power has been vested in the court before which the petition of compromise had been filed, the power in appropriate cases has to ..... based was not lawful.'it was held by the supreme court that a party challenging a compromise can file an application under order 23, rule 3 or an appeal under section 96(1) of the court in which he could question the validity of the compromise in view of rule 1(a) of order 43 of the court. further it ..... be exercised under the said proviso to rule 3. it has been held by different high courts that even after a compromise has been recorded, the court concerned can entertain an application under section .....
Tag this Judgment!Court : Chennai
Decided on : Nov-03-2003
Reported in : (2004)IIILLJ211Mad
..... respondent.5. the learned counsel appearing for the appellant has contended that in view of the definition of the word 'employee', as defined under section 2(9) of the act, there is no escape from the conclusion that the employees under the contractor, who were working within the premises of the factory, were also ..... against the order dated march 24, 1994 passed by the principal district judge, tiruchirapalli, allowing the petition filed under section 75-a of the employees' state insurance act, 1948, (hereinafter referred to as 'the act'). the aforesaid proceedings was initiated by the present respondent. there is no dispute that the present respondent is the ..... employees' state insurance contribution. the aforesaid order was challenged by filing the application under section 75-a of the act.3. the main contention was to the effect that the persons working in the factory being less than 20, the act was not applicable. it was also contended that the corporation had wrongly considered the .....
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