Court : Chennai
Decided on : Aug-03-2006
Reported in : 2006ACJ2703; 2006(4)CTC433; (2006)4MLJ362
..... just figure....6. in helen c. rebello v. maharashtra state road transport corporation : air1998sc3191 , the supreme court observed that the tribunal constituted under the act as provided in section 168 is required to make an award determining the amount of compensation which to it appears to be 'just'. it has to be borne in mind that ..... counsel for the respondents also referred to the judgment of the supreme court in ramesh chandra v. randhir singh : (1966)iillj152sc . 5. under section 168 of the motor vehicles act, the tribunal is required to fix such compensation which appears to it to be just. the power given to the tribunal in the matter of fixing ..... regards future loss the chances, both favourable and unfavourable, are to be reflected in the award. pecuniary loss incurred in a case of personal injury consequential upon the tortious act of the defendant may cover (1) consequential expenses; (2) the cost of care; and (3) loss of earnings. it may also be broadly classified under two heads .....
Tag this Judgment!Court : Chennai
Decided on : Aug-04-2006
Reported in : (2006)4MLJ404
..... rent controller and allowed the appeal. aggrieved by the order of the appellate authority dated 13.1.2003, the above revision petition has been filed under section 25 of the act.3. the case of the revision petitioners is that the premises in ground floor and first floor in high towers situated at no. 40-a, ..... the eviction petition.16. the learned counsel for the 1st respondent further contended that in a cheque bouncing case filed by the revision petitioners, under section 138 of the negotiable instruments act against the 1st respondent, the partnership as well as the partners were shown as parties and in such circumstances in the rent control proceedings also ..... the tenant, the 1st respondent herein, as they are alone signatories to the lease agreements in their individual capacity. in a case filed under section 138 of the negotiable instruments act, parties are to be added in the complaint having regard to the signatories in the instrument that too, after finding out whether they signed the .....
Tag this Judgment!Court : Chennai
Decided on : Aug-04-2006
Reported in : (2006)4MLJ572; (2007)5VST425(Mad)
..... made is ex facie illegal as the same has been passed violating the principles of natural justice and also without adhering to the procedures contemplated under section 12 of the tamil nadu general sales tax act. 2. the facts of the case are : the impugned proceedings was passed based on an inspection conducted by the enforcement wing officials at no. 103, avvai ..... office till 31.3.1998 and it closed its business activities from 1.4.1998. the petitioner never registered itself under the provisions of the tamil nadu general sales tax act, as it had the sale office only at bangalore and was a registered dealer there at bangalore. for the notice issued to the petitioner with the proposal to levy huge .....
Tag this Judgment!Court : Chennai
Decided on : Aug-07-2006
Reported in : 2006(5)CTC289; (2006)205CTR(Mad)352; [2006]286ITR77(Mad); (2006)4MLJ762
..... his admission to the benefits of partnership, from his income. under these circumstances, we must give a true meaning to explanation 2a to section 64(1) of the act. reading section 64(1)(v) of the act, as it originally stood, (now 64(1)(vii)), it is clear that if an individual transfers the assets directly or indirectly otherwise than ..... receive the money till he attains majority. therefore, in our considered opinion, the expression 'for the benefit of the minor' found in explanation 2a to section 64(1) of the act would only mean that the minor should be the legal owner of the income mentioned in that explanation, which alone would enable the assessing officer to ..... of tax is avoided. contending contra, learned counsel appearing for the assessee would contend, by drawing our attention to the phrase used in explanation 2a to section 64(1) of the act namely, 'for the benefit of' the minor child, that unless the share income of the minor/beneficiary from the partnership firm is shown to be .....
Tag this Judgment!Court : Chennai
Decided on : Aug-09-2006
Reported in : (2006)4MLJ1513
..... decree of the learned sub-judge, vridhachalam made in arbitration o.p. no. 824 of 1996 dated 18.06.1997 filed under section 33 of the arbitration act (hereinafter referred to as 'the act') read with section 30 of the act confirming the award dated 10.11.1992 passed by the arbitrator, the second respondent herein.2. for the sake of brevity, ..... and anr. para 21we are of the view that such notice of filing of the award must emanate from court. the provisions contained in sub-section (2) of section 14 of the arbitration act are clear on the point. we are also of opinion that the notice of filing of the award referred to in article 119(b) of ..... v. ramnath international construction (p) ltd. : air1996sc782 , the supreme court held that the court can interfere with the award only on the ground set out under section 30 of the act. it cannot re-appreciate the evidence to examine the correctness of the conclusions of the arbitrator. but, it can examine the clauses of the agreement to determine the .....
Tag this Judgment!Court : Chennai
Decided on : Aug-11-2006
Reported in : (2006)4MLJ558
..... adversely affecting his right. in fact, the civil court is obligated to issue notice to all persons interested in the objection as contemplated under section 20(b) of the act. this court cannot overlook the further fact that an allottee who is ultimately made to pay the difference of amount of enhanced compensation cannot be ..... his rights. moreover, in view of the decision of this court referred to above, we hold that the appellant was undoubtedly a person interested as contemplated by section 18(1) of the act.10. the apex court in neyveli lignite corporation ltd. v. special tahsildar (la), neyveli and ors. : air1995sc1004 , while considering the words 'person interested ..... a person interested if he claims an interest in compensation to be awarded. it seems to us that paramsukhdas is a 'person interested' within section 3(b) of the act because he claims an interest in compensation..it seems to us that paramsukhdas was clearly a person interested in the objections which were pending before the .....
Tag this Judgment!Court : Chennai
Decided on : Aug-11-2006
Reported in : (2006)4MLJ565
..... by the reference court was subsequently reduced by the superior court. there can be no dispute that those claiming higher compensation and claiming reference under section 18 of the act are bound by the decree as modified by the superior court in appeal. the principle of restitution must apply to them. for the same reason, ..... courts. otherwise, an incongruous position may emerge that a person who did not challenge the award of the collector and did not claim a reference under section 18 of the act would get a higher compensation than one who challenged the award of the collector and claimed a reference, but in whose case a higher compensation determined ..... to an extent. this would be rather inequitable and unfair. moreover, even if it be that the compensation payable to claimants who have applied under section 28-a of the act, is the enhanced compensation decreed by the reference court, we must understand the decree to mean the decree of the reference court as modified in appeal .....
Tag this Judgment!Court : Chennai
Decided on : Aug-11-2006
Reported in : 2007ACJ1580
..... 21 years. on the question of liability, the tribunal referred the decision reported in koodalingam v. superintending engineer, pwd : (1995)illj334ker and held section 12 of the act would apply to the case. it also noted the decision gave the guidelines in the case of employer taking the services of an employee through a ..... accident had occurred while the workman was in the course of his employment in executing the work. tribunal accordingly held that the provisions under section 12 of workmen's compensation act would apply to hold the principal employer liable to pay the compensation. hence, on the question of compensation, the commissioner held that opposite ..... in respect of an injury caused to the workman? whether the petition filed by the applicant is maintainable against the appellant insurance company under section 12 of workmen's compensation act? whether the appellant is also liable to pay the compensation or any amount ordered to be deposited before the commissioner, since the policy .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-2006
Reported in : (2006)4MLJ1477
..... of the state government is certainly important for supplying the requisite data which is essential for formation of opinion by the regional committee while taking decision under sub-section (3) of section 14 of the act. 30. a division bench of this court in 2003 (3) c.t.c. 1 [h.e.t.c. educational society v. state of tamil nadu ..... to appoint a committee itself is extremely doubtful, the committee so appointed by the state has even lesser power to delegate its role to a regional committee. section 17 of the ncte act deals with the powers of the ncte to take action either by itself or on receipt of a complaint from any person. if the state was bona ..... the council the action, if any, which is proposed to be taken for the purposes of implementing any such recommendation as is referred to in sub-section (3).17. contravention of provisions of the act and consequences thereof. - (1) where the regional committee is, on its own motion or on any representation received from any person, satisfied that a .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-2006
Reported in : (2007)1MLJ457
..... the students sustained bleeding injuries and the petitioners are now accused of the offences punishable under various sections of indian penal code like section 302 ipc and section 3(1)(10) of the scheduled castes and scheduled tribes (prevention of atrocities) act. hence the order of the respondent cannot be treated as illegal or without any bais.13. ..... were registered against the petitioners by the inspector of police, vattathikottai police station, tanjore district under various sections of indian penal code read with section 3(1)(10) of the scheduled castes and scheduled tribes (prevention of atrocities) act. it is also stated in the affidavit that due to the death of a student by name vijay ..... , on the complaint given by his father, a case in crime no. 39 of 2006 under section 174 cri.p.c. was originally registered by the inspector .....
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