Court : Chennai
Decided on : Mar-04-2003
Reported in : 2003CriLJ2779
..... of such powers pending investigation.13. from this background, the case of the petitioner has to be studied in the context of sections 17 and 18 of the prevention of corruption act and section 102 of the code of criminal procedure. regarding the freezing of the bank accounts operated by the petitioner and his family members ..... that the mandatory requirements, as emphasized by the above judgment, have not been followed by the first respondent. he would further submit that under section 18 of the prevention of corruption act, 1988, regarding the powers to inspect the bank account, an officer below the rank of superintendent of police cannot do, since he has ..... petitioner would point out that the authorization made by the superintendent of police, directorate of vigillance and anti corruption special investigation cell under section 18 of the prevention of corruption act, 1988 dated 16.8.2002 and the requisition of the inspector of police and the investigating officer are at variance so far as .....
Tag this Judgment!Court : Chennai
Decided on : Mar-04-2003
Reported in : AIR2003Mad290; 2003(1)CTC705; (2003)1MLJ823
..... and may put questions to him as the court thinks fit. such witnesses are amenable for cross-examination with the leave of the court as contemplated under section 165 of the evidence act. those provisions relate to the suo motu power of the court in either recalling the witnesses or directing the production of any document or the thing and ..... empowered to recall any witness who has been examined and may put such questions to him as the court thinks fit. learned senior counsel also relied upon section 165 of the evidence act, which empowers the judge to ask any questions he pleases of any witnesses or parties about the fact relevant or irrelevant and may also order the production ..... to move the high court in revision against the decision of the court of first instance on the matter of court fee payable in a plaint. the act, it is true by section 19 provides that for the purpose of deciding whether the subject matter of the suit or other proceeding has been properly valued or whether the fee paid .....
Tag this Judgment!Court : Chennai
Decided on : Mar-04-2003
Reported in : AIR2003Mad337; (2003)1MLJ756
..... filed on 8.2.85. pending the suit, the appellant has purchased item no. 1 of the suit property and therefore, the transaction is hit by section 52 of the transfer of property act. 7. i have given my anxious consideration to the respective submissions. insofar as the second submission of the learned counsel for respondents 1 and 2 as to ..... the challenge to the purchase of item no. 1 of the suit property by the appellant is hit by section 52 of the transfer of property act, it is to be seen that it was not the case of the first and second respondents either before the trial court or before the lower ..... this case that the third respondent/father visited with a decree for damages for malicious prosecution. to judge a debt as one of 'vyavaharika debt' or 'avyavaharika debt', the act of the person which lead to the suit and the decree is relevant. suit was filed against the third respondent for malicious prosecution. plea of malicious prosecution was found in .....
Tag this Judgment!Court : Chennai
Decided on : Mar-05-2003
Reported in : 2003(2)CTC482
..... of their life as observed by the supreme court in the above judgment and that they shall not be entitled to any commutation or premature release under sections 432 and 433 cr.p.c., prisoners' act, jail manual or any other statute and the rules made for the purpose of grant of commutation and remissions. the appeal is disposed of with the ..... an oral complaint, which he reduced into writing. he had taken his signature in it and he registered it as ex-pi in crime no. 154/2000 for offences under sections 302 and 307, i.p.c. he prepared ex-p15, the printed first information report. he sent the material records to the court as well as to the higher officials ..... the appeal stand convicted in s.c. no. 514/2001 on the file of the additional court of sessions, tuticorin, for offences under section 302 r/w section 34 i.p.c. (5 counts) and section 307 r/w section 34 i.p.c. for the offence of murder, each one of them stands sentenced to be hanged till their death and for the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-10-2003
Reported in : (2003)IILLJ715Mad
..... period of three years on and from 15th march 1984. the second respondent relying on the said g.o., has come to the conclusion that section 41 of the act is applicable to the first respondent as the said provision was not exempted and as the period of the g.o. had also over. the ..... have wrongly exercised the said power, the 1st respondent cannot take advantage of the same to contend that the petitioner is estopped from relying on section 4(1)(c) of the act. there cannot be any estoppel with reference to the statute. in view of the above, the said submission of the learned counsel for ..... provide for the regulations of conditions of work in shops, commercial establishments, restaurants, theatres and other establishments, and for certain other purposes. section 2(3) of the act defines 'commercial establishment'. section 2(6) of the act defines 'establishment', which means a shop, commercial establishment, restaurant, eating-house, residential hotel, theatre or any place of public amusement or .....
Tag this Judgment!Court : Chennai
Decided on : Mar-11-2003
Reported in : (2003)IIILLJ119Mad
..... be eligible for gratuity. the indian overseas bank (employees') pension regulations 1995 was framed in exercise of powers conferred by clause (f) of sub section (2) of section 19 of he banking companies (acquisition and transfer of undertakings) act, 1970. pension regulations were framed after consultation with the reserve bank of india and with the previous sanction of the central government by the ..... pay and the balance of gratuity of rs.41,750/= was paid on 16.6.1997. the petitioner made an application before the controlling authority under the payment of gratuity act as there was some delay in payment of gratuity. 7. the respondent by letter dated 1.7.1997 calculated pension payable to the petitioner without reference to the pension regulations .....
Tag this Judgment!Court : Chennai
Decided on : Mar-13-2003
Reported in : (2003)1MLJ781
..... benefit of compensation, the burden is on the owner of the land to show that the acquired land was under cultivation on the date of notification issued under section 4(1) of the act. 19. the next question is what is the reasonable compensation to be fixed. this court in the decision reported in : (the sub collector, dindigul v. ..... and would encompass almost anything which is an occupation, as distinct from a pleasure - anything which is an occupation or duty which requires attention is a business.'(ruling reported in (1884) 27 c.d 71 and halsbury: laws of england, fourth edn., vol.10, pages 106-108 were relied on by the high court)in : (hindustan steel ltd. v ..... the meaning of the term 'business'.(a) the words and phrases, legally defined vol.i, butterworths, 1969, ii edition would place reliance on the ruling in rolls v. miller (1884) 27 c.d.71 and gives the meaning of the word 'business' as, 'business is a wider term than, and not synonymous with, trade; and means practically anything .....
Tag this Judgment!Court : Chennai
Decided on : Mar-13-2003
Reported in : (2003)2MLJ90
..... following substantial question of law:- i. whether the courts below are right in giving a finding relating to the right of the defendant as a cultivating tenant under section 16a of act 10 of 1969, interpreted by the full bench in : and ignoring the very plea of the defendant that the civil court has no jurisdiction?13. the ..... ex.b3 in her favour. the claim of maintenance of father, mother, widow, etc. is regulated under the hindu adoptions and maintenance act, 1956 (act 78 of 1956). section 18 deals with 'maintenance of wife' and section 19 deals with 'maintenance of widowed daughter-in-law', who is entitled to be maintained after the death of her husband by her ..... or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this act' section 14(2) states, 'nothing contained in sub section (1) shall apply to any property acquire by way of gift or under a will or any other instrument or under a decree or .....
Tag this Judgment!Court : Chennai
Decided on : Mar-13-2003
Reported in : III(2003)BC86; 2003(2)CTC270
..... accused, it may reasonably be assumed that the prosecution will mechanically contend that if it is pointed out that custody is required for the purpose of discovery under section 27 of the evidence act 'the person released on bail shall be liable to be taken in police custody for facilitating the discovery'. there is no inflexible rule that can be pressed into ..... and subsequently, it was repaid with interest, but the respondent, with fraudulent intention and to harass the petitioner, filed an application under section 439(1)(b) read with section 433(e) and (f) and 434(1)(a) of the companies act before this court in company petition no. 529 of 2000 for winding up of the petitioners company, which is pending.2. the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-2003
Reported in : 2003(2)CTC10
..... executorship cannot continue beyond his lifetime.'srinivasa sastri v. seshayyangar ilr (3) mad. (1878) 37 and the full bench has held that, under act 8 of 1859, section 259 and act 20 of 1866, sections 17 and 42, it was necessary to register the certificate of sale itself and not merely the memorandum of certificate of sale. in that case, ..... was not registered. the judgment begins with the line:'the court turner, c.j., innes and kernan, jj.) delivered the following judgments:--innes, j.-- under the act of 1866, section 17, the certificate of sale required to be registered. the registration of the memorandum of the order was not sufficient. this has been held in bombay and ..... no document has been filed to show that yegappa chettiar has purchased the property in the court auction.(v) exs-d24 and d25, which are of the year 1884 and 1888 are rental agreements in favour of yegappa chettiar and according to the defendants, this would show yegappa chettiar has title and enjoyed property. but on .....
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