Court : Chennai
Decided on : Apr-18-2006
Reported in : [2006]134CompCas267(Mad); 2006(3)CTC529; (2006)2MLJ822; [2006]72SCL18(Mad)
..... (iii) of the judgment of the supreme court in rajasthan state financial corporation case, (supra). in that event if the securitisation company acting under section 13 of the securitisation act seeks to sell or otherwise transfer the assets of a debtor company in liquidation, the said power could be exercised by it only after ..... only after notice to the official liquidator or the liquidator appointed by the company court and after hearing him(iii)if a financial corporation acting under section 29 of the sfc act seeks to sell or otherwise transfer the assets of a debtor company in liquidation, the said power could be exercised by it only ..... assets along with the official liquidator. the learned senior counsel submitted that in the vent of inconsistency between section 457 of the companies act and second proviso to section 13(9) of the securitisation act, the securitisation act shall prevail and the secured creditor/securitisation company is entitled to take over the assets and sell the same .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-2006
Reported in : (2006)2MLJ711
..... by a court of law. it is in this sense the halo of bona fides which plays a very prominent part in so far as petitions under the other sections of the act are concerned, sinks, in my opinion, to more or less to an insignificant level. in view of the fact that the landlord comes forward openly and publicly to ..... reasons could be arrived at on those materials for the purpose of arriving at a different conclusion, evidence cannot be re-read or re-appreciated under section 25 of the act. (2) the landlord under section 14(1)(b) must satisfy about the genuineness of the claim and this can only be established by looking at all the surrounding circumstances, such as ..... of any apparent error or illegality, infirmity, perversity or irregularity, this court cannot interfere with the concurrent findings of both the courts below by exercising its power under section 25 of the act. hence i find no merits in the above civil revision petition. therefore c.r.p.no.444/2005 is dismissed.23. insofar as r.c.a.no. .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-2006
Reported in : AIR2006Mad242
..... binding since the reasonableness of the price is one that can be determined by the ct. if the parties themselves do not ultimately agree about it. under section 29, contract act, it is only agreements the meaning of which is not certain or is not capable of being made certain that are void. a contract to sell at ..... the judgment and decree of the courts below and the specific performance of the agreement is not granted, the courts should award compensation in terms of section 21 of the specific relief act, 1963.47. in this case, even according to the prayer in the plaint, only two contingencies are envisaged. either the suit for specific performance ..... shall be decreed or the amount shall be refunded with interest.48. section 21(5) of the specific relief act reads as follows:no compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint.49. in this case, there is no claim for .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-2006
Reported in : AIR2006Mad276; (2006)4MLJ392
..... appellant that by virtue of the scam relating to securities and the ordinance issued by the central government, there was frustration of the contract as contemplated under section 56 of the contract act as all such events are post the ic deposits which deposits matured long before. however, the contention of the appellant is to be accepted and the ..... schedule to the code of civil procedure, 1908 (5 of 1908);(c) shall empower the court to award interest upon interest.21. the relevant provision of section 3 of the interest act is to the effect that in any proceedings for the recovery of any debt, a claim for interest in respect of such debt is made, the court, ..... classes of scheduled banks in accordance with the directions given or issued to banking companies generally by the reserve bank of india under the banking regulation act, 1949 (10 of 1949).as per section 2(c) 'debt'' means by liability for an ascertained sum of money and includes a debt payable in kind, but does not include a .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-2006
Reported in : IV(2006)ACC395; 2006(3)CTC430; (2006)3MLJ265
..... the original claim in o.p. etc. in order to substantiate his contention, he has made a reference of the tamil nadu court fees and suit valuation act, 1955, wherein, section 52 provides as follows:52. appealsthe fee payable in an appeal shall be the same as the fee that would be payable in the court of first instance ..... he has drawn my attention to the tamil nadu motor vehicles accident claims tribunal rules, 1989, in which rule 24 provides as follows:every application under sub-section (1) of section 166 of the act for payment of compensation shall be accompanied by a fee of rs. 1/- (rupee one only) in the form of court fee stamp, if the claim ..... jurisdiction dependent upon the value as determinable for computation of court fees and that is natural enough. the computation of court fees in suits falling under section 7(iv) of the act depends upon the valuation that the plaintiff exercises his option and values his claim for the purpose of court fees, that determines the value for jurisdiction. .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-2006
Reported in : (2006)3MLJ251; 2007(2)SLJ332(NULL)
P.K. Misra, J.1. The petitioner has filed this writ petition for quashing the order of dismissal from service imposed under the impugned order G.O. (D) Home No. 1072 CTSI-A dated 23.12.1999, passed by the first respondent.2. The petitioner who initially joined under the Tamil Nadu Electricity Board as a clerk, subsequently joined Judicial service on 25.7.1980 as a Judicial Magistrate. On 10.12.1996, the petitioner was suspended from services in contemplation of departmental proceedings. On 17.12.1996, the first set of charge-sheet consisting of 8 charges was issued. However, since the petitioner was attaining the normal age of superannuation, i.e., 58, on 31.12.1996, he was not allowed to retire and the departmental proceedings continued. Subsequently, on 5.12.1997, a second set of charge-sheet consisting of 5 charges was issued, primarily based on the explanation furnished by the petitioner on 28.10.1996. Out of 8 charges included in the first set of charge-sheet, the enquiry officer ...
Tag this Judgment!Court : Chennai
Decided on : Apr-21-2006
Reported in : (2006)4MLJ300
..... framed statutory rules known as tamil nadu payment of pension to tamil scholars and miscellaneous provisions rules, 1984, hereinafter referred to as 'the rules'.initially under section 3(1) of the act, a person was eligible to receive monthly pension of rs. 150/- or a grant not exceeding rs. 10,000/- or both. however, subsequently by amendment ..... ordinarily accept the method of benefit claimed by the applicants. however, even though for the aforesaid reasons and keeping in view the presumption regarding validity of an act or rule, the provisions need be granted, it would be better for the government to prescribe by rules the method and norms for identifying as to whether ..... to receive such amount which has been granted by the government. thereafter the present writ petitions have been filed challenging the validity of the provisions contained in the act and the rules to the extent it provides for grant of rs. 10,000/- as lumpsum. it is claimed that either monthly pension should be paid or .....
Tag this Judgment!Court : Chennai
Decided on : Apr-21-2006
Reported in : (2006)4MysLJ372
..... .2. the present batch of writ petitions have been filed by kendriya vidyalaya sangathan (in short, 'kvs').3. the petitioner-kvs is an autonomous body registered under the societies registration act and financed by the government of india through ministry of human resource development. the staff of kendriya vidyalaya are governed by the rules framed by the board of governors in .....
Tag this Judgment!Court : Chennai
Decided on : Apr-21-2006
Reported in : (2006)4MLJ306
..... and no materials have been placed before me for giving any direction to the contra.9. all these applicants have been promoted temporarily as sub-inspector and they have been acting as such for a period of 2 to 4 years but even in their orders of promotion, it has been stated clearly that temporary appointment will not confer on them .....
Tag this Judgment!Court : Chennai
Decided on : Apr-25-2006
Reported in : (2006)2MLJ797
ORDERP. Sathasivam, J.1. One Selvaraj, a Post Graduate in Computer Science, has filed this petition as Public Interest Litigation, seeking to quash the tender issued by the General Manager, Electronic Corporation of Tamil Nadu Limited (ELCOT), Chennai 600 035, 4th respondent herein in Tender No. GM (PID) CEP-V/HSS/01/2006 dated 30th January, 2006 and direct Government of Tamil Nadu, Director of School Education, respondents 1 and 2 herein to direct the third respondent, the Director of Teacher Recruitment Board, Chennai 600 006, to recruit the post of Junior Post Graduate Assistant Grade I in Computer Science in various School at Tamil Nadu through the Teacher Recruitment Board.2. The case of the petitioner is briefly stated hereunder:(a) According to the petitioner, he finished his B.Sc.[Computer Science] in Bharathidasan University, Tiruchirappalli in the year 1997. In 2001, he passed M.Sc. [Computer Science] in the same University in First Class. He also completed B.Ed. in Madras Un...
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