Court : Chennai
Decided on : Feb-03-2003
Reported in : I(2004)BC456; [2005]124CompCas328(Mad); (2003)1MLJ600
..... in the contention of the learned senior counsel that the transaction between the revision petitioners and the bank will not come as a debt under section 2(g) of the act, 1993. section 2(g) relates to definition of debt, which clearly includes the amount payable under a decree or order of any civil court or any ..... 10.1998 itself within the time and hence, the contentions of the learned senior counsel that the claim is barred by time is without any force.11. section 20 of act, 1993 deals with appeal to the appellate tribunal. admittedly, the revision petitioners have not chosen to prefer any appeal aggrieved against the orders granted by the ..... revision petition invoking article 227 of the constitution of india is not maintainable under law. there is an alternative remedy available to the revision petitioners under section 20 of the act,1993. they have not preferred any appeal aggrieved against the orders passed by the debt recovery officer. the stand now taken by the revision petitioners .....
Tag this Judgment!Court : Chennai
Decided on : Feb-04-2003
Reported in : [2003(97)FLR927]; (2003)IILLJ502Mad
..... of the business and, thus viewed, the transfer of even a part of the business amounts to transfer of the entire undertaking and would suffice to attract section 25ff of the act. learned counsel in this context invited our attention to the decision of the apex court in the case of management, hindustan steel v. workmen : wherein ..... 17. in the result, we do not find any warrant for interfering with the finding of the learned single judge that there was no transfer under section 25ff of the industrial disputes act. we cannot, however, uphold the direction given for the payment of interest on back wages and the further direction that supernumerary posts should be created ..... labour court had committed such error and in recording the finding that there was infact no transfer of the undertaking at all so as to attract section 25ff of the industrial disputes act and that the appellant had not complied with the requirements of law while denying employment to the workmen, who had raised the dispute.7. .....
Tag this Judgment!Court : Chennai
Decided on : Feb-05-2003
Reported in : 2003(155)ELT251(Mad)
..... next writ petition, but it is clear that the 3rd respondent has abdicated itself and it had failed to discharge the statutory function in terms of section 14 of the customs act and valuation rules.16. on this short ground of violation of principles of natural justice and the 3rd respondent had failed to assess the value of ..... adopting the exparte directions issued by the first respondent commission. it is incumbent on the part of the 3rd respondent to assess the value in terms of section 14 of the customs act, 1962 read with the customs evaluation (determination of price of imported goods) rules, 1988, which it has miserably failed, as the value could be determined ..... the ground that the 3rd respondent has not assessed duty payable on the consignment of soda ash by fixing its value for the purpose of assessment under section 18 of the customs act read with the valuation rules. there is force in this contention.10. mr. arvind p. datar, learned senior counsel for the petitioner pointed out that .....
Tag this Judgment!Court : Chennai
Decided on : Feb-06-2003
Reported in : (2003)3MLJ839
..... sciences' at pondicherry ........ with an annual intake of 100 (one hundred only) students with prospective effect, i.e. from the academic session 2002-03 under section 10(a) of imc act, 1956 as amended.'7. that letter of permission was limited to the admission of students initially for a period of one year and is to be renewed on ..... the medical council of india regulations on graduate medical education, 1997, framed by the medical council of india in exercise of powers conferred on it by section 33 of the indian medical council act, 1956. he has further informed us that pursuant to the directions issued by the apex court in the case of medical council of india vs . ..... 2001 given it's consent in principle to affiliate the pims to the university subject to the grant of permission by the government of india under section 10a of the indian medical council act. 3. on 01.03.2002 the ministry of health and family welfare of government of india informed the appellant that the appellant's proposal had .....
Tag this Judgment!Court : Chennai
Decided on : Feb-06-2003
Reported in : (2003)IILLJ420Mad
..... for the contesting respondents in both the writ petitions.23. one of the objections being that after retirement the claimant cannot maintain a claim under section 17 of the working journalists act. this petition is no longer res integra, if such a claim falls within the definition of the expression 'working journalist' as has been held ..... w-42. the first respondent industrial tribunal, by award dated 12.3.97 held that the claimant is a not workman as defined under section 2(s) of the industrial disputes act, that the reference by the state government is competent as the claimant was stationed in madras, the claim that the claimant varadachari was victimised ..... petitioners retirement is not a bar to raise the dispute, as even after retirement, he falls under the classification of workman as defined under section 2(s) of the industrial disputes act, 1947.4. the state government made a reference consequent to the failure of conciliation in g.o. d no. 850 labour and employment department .....
Tag this Judgment!Court : Chennai
Decided on : Feb-11-2003
Reported in : 2003(1)CTC530
..... if the offence is punishable with imprisonment for less than 3 years or with fine only, the offence is non-cognizable and bailable. as per section 4 of the central act, the offence is punishable with imprisonment which may extend to three years and if the offence is punishable with imprisonment for three years it is clearly ..... that the scheme alleged to have been conducted by the respondent herein would squarely come under the money circulation scheme defined in section 2(c) of the central act which is banned under section 3 of the act. in this context, the averments in the complaint are relevant and they are extracted below. 8. the complainant jayaraman is ..... the business of the respondent is based on the money circulation scheme which is banned under the central act 43 of 1978. section 3 of the act provides for the ban of money circulation scheme and under section 4, whoever contravenes section 3 shall be punishable with imprisonment for a term which may extend to three years or with fine .....
Tag this Judgment!Court : Chennai
Decided on : Feb-13-2003
Reported in : II(2004)BC182; [2004]118CompCas280(Mad); 2003CriLJ3971
..... and deceit. it is to be noted that in order to curb offences in the name of schemes/promotion/distribution/membership, the said act was enacted. as per section 3 of the act, no one is permitted to promote or conduct either prize chit or money circulation scheme, or enrol any one as member for the ..... measures should be undertaken for the purpose. pursuant to the said recommendation, the parliament enacted the prize chits and money circulation schemes (banning) act, 1978. among the other provisions, the following sections are relevant:'section 2(c) 'money circulation scheme' means any scheme, by whatever name called, for the making of quick or easy money, or for ..... of the petitioner company is based on the money circulation scheme, which is banned under central act 43 of 1978. section 3 of the said act provides for the ban of money circulation scheme and under section 4, whoever contravenes section 3 shall be punishable with imprisonment for a term which may extend to three years or with .....
Tag this Judgment!Court : Chennai
Decided on : Feb-17-2003
Reported in : (2003)1MLJ707
..... court below has dismissed the suit is that the agreement is void inasmuch as it is against the provisions of the tamil nadu land reforms act (58 of 1961). section 23 of the act, as it stood prior to the amendment in 1974, provided that the authorised officer shall not take into consideration any transfer, whether by sale ..... nanalal v. patel lallubhai ishverbhai : has held as follows: 'we do not think that the decision therein could be applied so far as tamil nadu act is concerned. exemption under section 21 can be applied only by vendor and it is for him exemption is granted. while considering suit for specific performance, court is only concerned whether ..... below:'the title perused was considered to be good, but we have to get all other informations such as encumbrance certificate, urban land ceiling under section 6 of the said act and other statutory information connected with the company law affairs.' he has also stated that the appellants have fulfilled the obligations under clause 3.25. .....
Tag this Judgment!Court : Chennai
Decided on : Feb-19-2003
Reported in : 2003CriLJ4024; 2003(2)CTC683
..... the provisions of contempt of court, as the supreme court also has observed in the same case that action could be taken under section 3(2) of the contempt of courts act but not definitely under section 228 ipc.10. yet another disturbing feature in the present case is when the magistrate proposes to sentence the accused for imprisonment or ..... if he was not doing any judicial work at the relevant time, then the third essential ingredient mentioned above was not fulfilled and the act complained of would not amount to an offence under section 228 ipc.9. similar is the situation in the case on hand, the magistrate nowhere says as to what he was doing when he ..... fine of rs.1000/- he should necessarily follow the provisions of section 346 cr.p.c. in other words, section 345 and 346 are the relevant .....
Tag this Judgment!Court : Chennai
Decided on : Feb-20-2003
Reported in : (2003)IIILLJ804Mad
..... the present case, the only point that arise for consideration is:whether the petitioner is bound to comply with requirement to proviso to sub section (7)(2) of section 7 of the payment of gratuity act, 1972?8. there is no factual controversy with respect to the presentation of the appeals. in state of punjab v. labour court, ..... by the controlling authority is deposited or a certificate as prescribed by second proviso to section 7(7) of the payment of gratuity act is enclosed. challenging the same, the present writ petition has been filed. 6. according to mr. john, the learned counsel for the ..... itself is questioned. 5. once again by endorsement dated 13.1.1998, the first respondent while drawing the attention of the petitioner to section 7(7) of the payment of graguity act, overruled the submissions made by the petitioner and held that the appeals cannot be entertained unless predeposit of the amount directed to be paid .....
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