Court : Chennai
Decided on : Mar-18-2003
Reported in : III(2003)ACC64; 2003ACJ2072; 2003(3)CTC321; (2003)2MLJ49
..... that the amount of compensation awarded by the claims tribunal is part of the estate of the deceased. he referred to the provisions of fatal accidents act, 1855, particularly section 2 of the said act and submitted that the pecuniary loss awarded shall be deemed to be part of the estate of the deceased and therefore, the petitioner was justified in ..... to the dependants by the death inasmuch as the dependants are deprived of the maintenance being received from the deceased. the delhi high court also held that under section 2 of the said act the cause of action for compensation is the loss to the estate, if any, caused by the death and it is only when the deceased was in ..... in the vera cruz (no.2) 1884) 9 pd 96, 101 for injuriously affecting the family of the deceased. it is not a claim which the deceased could have pursued in his own life time, because it is for damages suffered not by himself, but by his family after his death. the act of 1846, section 2 provides that the action is to .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-2003
Reported in : 2004CriLJ4326
..... on such director or partner who comes forward pleading that he is not liable for the commission of the offence contemplated under section 138 of the negotiable instruments act.7. coming to sub-section (2) of section 141 which speaks of the consent or connivance or neglect on the part of any director, manager, secretary or other officers ..... of the offence or the issuance of the cheque which got dishonoured they cannot be prosecuted and punished within the meaning of section 141(1) of the negotiable instruments act. however, the operation of section 141(2) should not also be forgotten and in these circumstances since the question for decision is whether the director or ..... to this court to decide the question in an inconsistent manner on the face value.9. all the judgments cited above are pointed towards section 141 of the negotiable instruments act which has been vividly discussed in the foregoing paragraphs. these judgments would lay emphasis on prima facie evidence to show that a director or .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-2003
Reported in : AIR2003Mad221; (2003)2MLJ69
..... doing irregularities in the purchase of medicines. not only this, but the prosecution was also launched against the contractor under the provisions of prevention of corruption act read with sec. 120 ipc. it was under those circumstances that the government served a notice on the contractor to show cause as to why it should not be blacklisted ..... insurance corporation of india v. escorts limited : in paragraph 63, the supreme court observed that the absence of the word 'previous' in sec. 29(1) of the foreign exchange regulation act suggested that the legislature wanted to invest the reserve bank of india with certain degree of elasticity in the matter of permission to the non resident ..... their associate for providing machinery and equipment on lease basis to do the earth work activity which was permitted as per the contract agreement [instruction to bidders section 1-a cl.4.5 b(a)] and that the contractor had also informed that if cecon achieved the progress of the earth work activity to the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-2003
Reported in : 2003(2)CTC449; (2003)2MLJ578
..... on appeal by the appellant to the judicial committee:- it was held, dismissing the appeal, that the control of loudspeakers at public meetings by section 5 of the act of 1969 was not contrary to section 10 of the constitution, for public order required that the public, who did not wish to hear the speaker, be protected from any ..... stop such noise pollution arising out of unnecessary use of such electric and air horn deliberately. the transport authorities are under a statutory obligation and duty under section 112 of the motor vehicles act to punish the person who contravenes the provision of rule 114(d) of the rules.'14. noise, it is common knowledge, has adverse effect on ..... unions, (d) to move freely throughout the territory of india, (e) to reside and settle in any part of the territory of india, (f) [omitted by section 2 of the forty fourth amendment act, 1978] (g) to practise any profession, or to carry on any occupation, trade or business. (2) nothing in sub-clause (a) of clause (1) .....
Tag this Judgment!Court : Chennai
Decided on : Mar-19-2003
Reported in : (2004)187CTR(Mad)654
..... 238itr139(mad) wherein this court followed the decision of the supreme court in the case of manjunathesware (supra) and further held that the explanation added to section 263(1) of the act in the year 1988 has to be regarded as declaratory, since this court has considered the case which was of the year prior to the amendment. this ..... case of cit v. shree manjunathesware packing products & camphor works (1998) 231 itr 53 to contend that section 263 of the it act, 1961, enables the cit to call for and examine the records of any proceedings under the act and pass such orders thereon as the circumstances of the case justify, including an order enhancing or modifying ..... of the loan by the assessee from jayalakshmi leasing company was not part of the proceedings under the it act and the same is extraneous to the assessment proceedings. hence, the invocation of the power under section 263 of the act is bad in law.4. the tribunal after considering the issue accepted the contention of the assessee and .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-2003
Reported in : (2004)188CTR(Mad)53; [2004]266ITR135(Mad)
..... was payable to the assessee and was, in fact, paid in the subsequent assessment year.17. the material word 'due' which requires consideration is to be found in section 41(2) of the act:'section 41. profits chargeable to tax.-- . . . (2) where any building, machinery, plant or furniture,--(a) which is owned by the assessee ;(b) in ..... decision of the apex court in the case of united provinces electric supply company : [2000]244itr764(sc) , the word 'finally' is not used in section 41(2) of the act, nevertheless, there must be initial determination which may subsequently be modified by reason of other subsequent proceedings. but the initial determination is a pre-requisite for ..... the additional ground. we answer the first question in favour of the assessee.13. no answer need be recorded for the second question having regard to section 153 of the act. that question is returned unanswered.14. with regard to the third question, it was submitted by learned counsel for the assessee that in the order .....
Tag this Judgment!Court : Chennai
Decided on : Mar-24-2003
Reported in : AIR2004Mad191; 2003(2)CTC90
..... view, the fixation of tariffs is, therefore, a major policy decision which the board can take concerning which the government can effectively intervene by acting under section 78-a of the supply act. in one of the early cases which came up before this court in w.a.no.359/74 and batch this question arose before a ..... is the concerned department. he further submitted that only on the basis of the policy of the government, the government have been exercising the power under sec. 78-a of the act 1948.8. mr. somayaji, learned senior counsel appearing for the respective respondents submitted that there is a procedure for granting completion certificate. he also ..... t.v. ramanujan, learned senior counsel, appearing for the respective petitioner submitted that the powers and duties of the electricity board have been specified under section 49 of the act 1948, and no power is stipulated to insist upon production of completion certificate by the board as it is nothing to do with the supply of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-27-2003
Reported in : (2003)IIILLJ229Mad; (2004)3MLJ456
..... and delhi had passed similar orders. 7. mr. a.l. somayaji, learned senior counsel, had strongly relied upon clause (d) of sub-section (1) of section 22 of industrial disputes act. we are of the considered view that there was a prima facie case and balance of convenience in favour of the appellant for issuance of the ..... of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal. 11. sub-section (1) of section 22 of the act prohibits the strike enumerating the four conditions and, as rightly pointed out by ms. vaigai, the prohibition should come in either of the said ..... -a, shastri bhavannew delhi - 1100 001fax: 011-2338 6118 dear sir, sub: notice of strike in accordance with the provisions contained in sub-section (1) of section 22 of the industrial disputes act, 1947, we the undersigned trade unions functioning in hindustan petroleum corporation limited (hpcl) and bharat petroleum corporation limited (bpcl), hereby give you notice .....
Tag this Judgment!Court : Chennai
Decided on : Mar-27-2003
Reported in : [2003]132STC35(Mad)
..... dealer for claiming the benefit of this notification. total turnover has not been defined in the notification but its definition is to be found in section 2(q) of the tamil nadu general sales tax act. that definition reads thus,'2 (q) 'total turnover' means the aggregate turnover in all goods of a dealer at all places of ..... turnover of that dealer which is not to exceed the sum specified in that notification. for ascertaining the meaning of 'total turnover' the definition given in the parent act must be the guide. 25. so construed, the only possible interpretation that can be given reasonably to this notification is that the benefit granted under the notification is ..... or by another notification dated 25th march 1989. 2. the notification dated 1st september 1964 issued under section 17 of the madras general sales tax act 1959 exempted, with effect on and from 1st september 1964, the tax payable under the said act, on the sales by a canteen run by an employer, or by the employees on co- .....
Tag this Judgment!Court : Chennai
Decided on : Mar-28-2003
Reported in : (2003)IIILLJ483Mad
..... , there is no dispute that the 4th respondent is an employee and it is an industrial establishment as defined in the act and that the deceased subramaniam was a workman as defined in section 2 of the factories act. section 3 of the act provides that every workman who is in continuous service for a period of 480 days within a period of 24 calendar ..... deputy chief inspector of factories, the authority constituted under the tamil nadu industrial establishment (conferment of permanent status to workman) act, 1981. after contest by order dated 4.3.1996, the said authority while exercising powers under section 3 of the said act directed that all the 54 workman except one gopal are entitled for conferment of permanent status on their completing 480 .....
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