Court : Chennai
Decided on : Mar-28-2003
Reported in : AIR2003Mad310
..... show the non application of mind; (iv) the award is passed on 20.4.2000 beyond two years and therefore the proceedings abate in terms of sec. 11-a of the act.13. per contra, it is contended by the learned government advocate that on facts all the above contentions are devoid of merits and cannot be countenanced. ..... of land measuring 0.34 acres of land in thiruchengode village and taluk for construction of houses under housing board neighbourhood scheme. a notification under section 4(1) of the land acquisition act was issued in g.o.ms. no. 490, housing and urban development department dated 12.11.1996 and it was published in the government ..... objections and submitted draft declaration to the state government. the state government considered the objections and overruled the same and directed issue of a declaration under section 6 of the land acquisition act in g.o.ms.no: 126 housing and urban development department dated 21.4.1998 and published the same in the government gazette as well. 5 .....
Tag this Judgment!Court : Chennai
Decided on : Mar-28-2003
Reported in : 2003CriLJ4677
..... further witnesses and completed the investigation. after completing the investigation, he filed the final report in court against the accused on 31.7.1999. when the accused was questioned under section 313 of the code of criminal procedure on the basis of the incriminating materials made available against her, she denied each and every circumstance put up against her as false ..... of nitrite, yet, it cannot be safely said that the presence of nitrite either in the tumblers or in the viscera of both the deceased was due to the positive act of the accused mixing the said poisonous compound in milk; pouring the same into the two tumblers and then giving it to the respective deceased. we have also referred to ..... aspects would only show that the evidence of p.w.13 that he saw his mother mixing poison in milk and giving it to both the deceased cannot be safely acted upon.10. p.w.1 would state that at 7.00 a.m. in the morning, when he went to the house of d.1, d.2 gave a oral .....
Tag this Judgment!Court : Chennai
Decided on : Apr-04-2003
Reported in : AIR2003Mad411
..... the act extends, in all courts including the supreme court.' sub-section (1) of section 34 of the act empowers the high court to make rules laying down the conditions subject to which an advocate shall be permitted to practice ..... advocate is entitled to argue from the bar his own cause with his advocate's robes on. the learned counsel therein relied on section 30 of the act which states that 'under the provisions of the act, every advocate whose name is entered in the common roll shall be entitled as of right to practise throughout the territories to which ..... any ordinary member of the public. in the case on hand, the petitioner is appearing as litigant in person. he is not governed by the provisions of the advocates act, 1961. accordingly, he cannot claim that he should be permitted to argue in the place and use the table intended for advocates. in other words, the party in .....
Tag this Judgment!Court : Chennai
Decided on : Apr-07-2003
Reported in : (2003)2MLJ823
..... hundred rupees and therefore, the conclusion of the executing court that the defendants are debtors and they are entitled to the benefits of the act is accepted. section 4(a) of the tamilnadu debt relief act (l of 1982) runs as follows:-'every debt advanced or incurred before the 24th august, 1982 (including interest if any) and payable ..... by the debtor to the creditor shall be deemed to be wholly discharged; and section 4(c) of the tamilnadu debt relief act (l of 1982) reads as follows:-'all suits and other proceedings (including appeals, revisions, attachments or execution proceedings) pending on the 24th august, ..... executing court is valid.9. now let us see the definition of 'debtor' as given in the act. the word 'debtor' is defined under section 3(d) of the tamil nadu debt relief act (l of 1982) (hereinafter called as 'act') as follows:-'debtor' means any person from whom any debt is due and whose annual household income does .....
Tag this Judgment!Court : Chennai
Decided on : Apr-08-2003
Reported in : 2005CriLJ385
..... . balasubramaniyan @ s. babu in l. p. no. 32/b1/csr/2002 on the file of the court of vii metropolitan magistrate, chennai, would quote section 32 of the advocates act regarding 'power of court to permit appearance in particular cases' which reads :'notwithstanding anything contained in this chapter, any court, authority or person may permit any ..... to make a law imposing, in the interest of the general public, reasonable restrictions on the exercise of the right. the advocates act, by section 29, provides for such a reasonable restriction namely, by section 29, provides for such a reasonable restriction namely, that the only class of persons entitled to practise the profession of law shall be ..... extract paragraphs 2 to 4 of the said judgment, which are as under :'2. advocates are entitled, as of right, to practise in this court (section 30(i) of the advocates act, 1961). but, this privilege cannot be claimed, as of right, by any one else. while it is true that article 19 of the constitution .....
Tag this Judgment!Court : Chennai
Decided on : Apr-08-2003
Reported in : (2004)ILLJ411Mad
..... less for the purpose of payment of subsistence allowance.moreover, whether the assignment of the petitioner would fall under the definition of section 2(a) of the tamil nadu payment of subsistence allowance act having such powers as expressed by the learned single judge of this court in his judgment in c. selvaraj v. deputy commissioner ..... of a second thought whether he could be again re-classified as an. 'employee' much less falling within the purview of the definition section 2(a), of the tamil nadu payment of subsistence allowance act, 1981, which question will not arise at all. therefore, basically, it has to be decided whether the second respondent is.an 'officer ..... in the functioning of the co-operative society or bank. therefore, he cannot, under any circumstance, be brought under the definition of section 2(a) of the tamil nadu payment of subsistence allowance act, 1981, as a mere 'employee' particularly when no good reasons are assigned as to how he ceases to be an 'officer' .....
Tag this Judgment!Court : Chennai
Decided on : Apr-09-2003
Reported in : (2004)186CTR(Mad)102; [2003]264ITR269(Mad)
..... high court in commissioner of income-tax vs . singhania enterprises - : [1998]234itr822(mp) , wherein, the assessee had claimed depreciation at 100% under section 32 of the income tax act on centering material and the revenue contended that each centering material could not be taken individually, but all the centering material put together, including scaffolding, constitute ..... : [1994]210itr668(kar) . the question before the court in that case was as to whether the assessee was entitled to 100% depreciation under section 32 of the income tax act on the cost of the cages purchased, on the ground that each cage was a separate plant valued less than rs.750/-, when the cages were ..... present appeals.4. the only question is asto whether individual centering sheets can be regarded as plant for the purpose of first proviso to section 32(1)(ii) of the act.5. the learned counsel for the appellant/revenue contended that the centering sheets are not used as independent units, but they are used .....
Tag this Judgment!Court : Chennai
Decided on : Apr-10-2003
Reported in : 2004(1)ALD(Cri)859; III(2003)BC479; 2003CriLJ4660; 2003(3)CTC202
..... the facts and circumstances of the case in which the petitioners have been impleaded as parties to the proceedings taken out by the respondent under section 138 of the negotiable instruments act and section 420 ipc, not only against the first accused firm, but also against its partners, including the petitioners, under the guise that they are ..... the contrary to which my attention was drawn.' 8. in reply, learned counsel appearing on behalf of the respondent, referred to section 30 of the indian partnership act, particularly section 30(5) and 30(7)(a). section 30(5) contemplates that at any time within six months of the minor attaining majority, or of his obtaining knowledge that ..... procedure, 1973, no proceeding shall be instituted and no order shall be passed against the juvenile under chapter viii of the said code'; that under section 18 of the act, no joint proceeding of a juvenile could be held nor any juvenile could be charged with or tried for an offence together with a person who .....
Tag this Judgment!Court : Chennai
Decided on : Apr-10-2003
Reported in : 2003(3)CTC81; (2003)2MLJ316
..... the revision petitioner for own use and occupation under section 10(3)(a)(iii) of the act is not maintainable. therefore, the eviction cannot be ordered on the ground of own use and occupation also, as rightly concluded by the learned ..... the lease between the revision petitioner and the respondents herein with regard to the demised premises. as per section 10(2) of the tamil nadu buildings (lease and rent control) act, 1960 (hereinafter referred to as the 'act'), a landlord who seeks to evict his tenant shall apply to the controller for a direction in that ..... to show that in the present case the petition ought to have been filed only under section 10(3)(c) of the act. . . . . . . . . . . . . . . . . . . . . therefore, in the present case, the petition filed for eviction under section 10(3)(a)(iii) of the act is not maintainable.' the decisions referred to above would show that the petition filed by .....
Tag this Judgment!Court : Chennai
Decided on : Apr-10-2003
Reported in : 2003(2)CTC710
..... is not illegal merely because it proceeds on the uncorroborated testimony of the accomplice. 14.3. a harmonious reading of both illustration (b) to section 114 and section 133 of the act enunciates that though it is not illegal to convict upon the evidence of an accomplice supported by the confession of the co-accused, independent evidence ..... on the decision inghulam nabi war v. state of nct of delhi reported in 2000 scc (cri) 1135. in ghulam nabi war case, the prosecution recovered explosive substance from the bag of the first accused therein and the same was not used against the second accused therein, who was a tenant in possession of the ..... pw2 are approvers. in order to appreciate the evidence of pw1 and pw2, a reference to illustration (b) to section 114 and section 133 of the indian evidence act, (hereinafter referred to as the 'act') would be relevant. section 114: court may presume existence of certain facts.- the court may presume the existence of any fact which it thinks .....
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