Court : Chennai
Decided on : Aug-29-2006
Reported in : (2006)4MLJ906
..... booking stations on application to the station masters or goods clerks. the forms of forwarding notes specified by the central government in accordance with section 64 of the railways act, 1989 are shown in annexure 'a'.3. merchants and traders must satisfy themselves that their packages are properly addressed and their forwarding notes ..... note, which must be signed by the sender or his authorised agent, and must contain a declaration of the weight, description in accordance with section 66 of the railways act, 1989 and destination (station and railway on which situated) of the goods consigned, and indicate in the column provided for this purpose, the ..... rules, 1990;iv. articles not packed in accordance with the prescribed conditions or articles in a defective condition;v. explosives and other dangerous goods. 12. having dealt with the relevant provisions in the railways act and railways commercial manual, let me now proceed to discuss the points for consideration which have emerged in this .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-2006
Reported in : 2007CriLJ66
..... after completing all the other legal formalities, he filed the final report in court against the accused for the offence referred to earlier. when the accused was questioned under section 313 of the code of criminal procedure on the basis of the incriminating materials made available against him, he denied each and every circumstance put up against him as ..... the appellant in this appeal stands convicted in s.c. no. 35/2003 on the file of the additional court of sessions (fast track court), kallakurichi for the offence under section 302, i.p.c., for which, he stands sentenced to undergo imprisonment for life. therefore, he is before this court in this appeal questioning his conviction. heard mr. n ..... therefore, having a totality of the materials available in the evidence of p. ws. 1 to 3, we are of the considered opinion that it is not possible to act on the evidence of p. ws. 2 and 3 as a safe piece of evidence. as we have already noted, as per the medical evidence, death would have occurred .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-2006
Reported in : 2006(4)CTC850
..... an application before the first appellate forum. merely because of the reason that the trial court has compared the admitted signature and the disputed signature invoking section 73 of the evidence act, there is no bar or ban for the first appellate court sending the documents for canvassing the expert's opinion. under such circumstances, an ..... true that no steps were taken by the plaintiffs' side for sending those documents for expert's opinion. in such circumstances, the trial court invoking section 73 of the evidence act has compared the signatures. a perusal of the judgment of the trial court would clearly indicate that the said comparison was not properly done. on the ..... assessment of the value on the total evidence. proof of handwriting is in nature of comparison of the admitted and the disputed signature or handwriting. section 73 of the evidence act authorises the court to compare such handwriting in order to come to its own conclusion, but it is always safe for the court to take .....
Tag this Judgment!Court : Chennai
Decided on : Aug-29-2006
Reported in : II(2007)BC499; 2006CriLJ4552; 2007(1)KLT106
..... body corporate or even firm, prosecution proceedings can be initiated against such a drawer. in this context, the phrase 'as well as', used in sub-section (1) of section 141 of the act has some importance. the said phrase would embroil the persons mentioned in the first category within the tentacles of the offence on a par with the ..... . as held by the supreme court in s.m.s. pharmaceuticals ltd. v. neeta bhalla 2005 s c c 1975, by a deeming provision contained in section 141 of the act, relating to the offences committed by the company, such of those persons are also vicariously liable to be held guilty, when the main ingredients for creating criminal ..... person, who has drawn the cheque, must be deemed to be the drawer of the cheque(v) the expression 'person' is not defined in the negotiable instruments act, but is defined under section 11 of ipc, in the following words : '11.'person'.- the word 'person' includes any company or association or body of persons, whether incorporated or not.15 .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-2006
Reported in : AIR2006Mad347; (2006)4MLJ79
..... matter of precaution, the evidence of medical expert should be taken. (8) of course, the opinion, of a doctor, as is the opinion of any other expert, under section 45 of the evidence act, is only a relevant piece of evidence.(9) the court may also compel the attendance of the alleged lunatic before it, and to submit himself for medical examination .....
Tag this Judgment!Court : Chennai
Decided on : Aug-31-2006
Reported in : (2006)4MLJ517
..... 12/3, should come within the meaning of 'encroachment upon the road margin', empowering the municipality to take action, as contemplated under section 182 of the tamil nadu district municipalities act.26. the submission of the learned senior counsel mr. k.m. vijayan, appearing for the fourth respondent, placing reliance upon the town ..... only after following the procedure contemplated in chapter ix of the tamil nadu district municipalities act and more particularly the provisions contained in section 182 and section 183(6). before taking action under section 182 of the district municipalities act, notice in writing giving atleast two weeks time should be served and, if the ..... authorities concerned, as stated therein.20. the full bench of this court, in the above cited judgment, considering the scope of sections 181 and 182 of the tamil nadu district municipalities act, 1920, as well as considering the definition for 'public street', has given the guidelines, how an encroachment has to be .....
Tag this Judgment!Court : Chennai
Decided on : Sep-04-2006
Reported in : 2006(4)CTC471; (2006)4MLJ1129; 2007(3)SLJ282(NULL)
..... which cannot be unilaterally changed by the management.12. the statutory provisions themselves contemplate certain powers as well as laid down certain procedures. section 18(c) of the act contemplates that the school committee is empowered to take disciplinary action against the teachers and other employees of the private school. it is obvious ..... notice the relevant provisions contained in the tamil nadu recognised private schools (regulation) act, 1973.3.1 section 2(3)(a) of the tamil nadu recognsied private schools (regulation) act, 1973, relates to definition of educational agency relating to minority school and section 2(3)(b) relates to any other private school. the 'school committee' ..... for and on behalf of the school committee and the educational agency. under rule 13(4), the secretary shall act on the basis of the resolution of the school committee.3.4 section 18(c) empowers the school committee to take disciplinary action against teachers and other employees of the private school. .....
Tag this Judgment!Court : Chennai
Decided on : Sep-06-2006
Reported in : (2006)4MLJ539
..... is 'restricted' or 'unrestricted' is a question of fact.5. according to the learned senior counsel appearing for the petitioner, when the charging section refers to the schedule under the act, it is not open to the respondents to rely on the schedule to the rules to levy excise duty. in any event, even in the ..... it was further observed that when the medicinal preparation contains self-generated alcohol, it would also fall within the meaning of liquor as defined under section 3(9) of the tamil nadu prohibition act and so long as preparations contain alcohol, whether self-generated or not, licence as envisaged under rule 11 of the tamil nadu spirituous preparations ..... list 1 of the seventh schedule to the constitution on which item the act is based and so whether they are medicinal preparations as defined in section 2(g) of the act. if they are medicinal preparations as defined therein they will be governed by the act, and the omission of these preparations from the list appended to the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-06-2006
Reported in : 2006(5)CTC136
..... v. m. krishanmurthy) in paragraphs 10 and 14 has held as follows:10. it is axiomatic that condonation of delay is a matter of discretion of the court. section 5 of the limitation act does not say that such discretion can be exercised only if the delay is within a certain limit. length of delay is no matter, acceptability of the explanation .....
Tag this Judgment!Court : Chennai
Decided on : Sep-06-2006
Reported in : LC2007(1)1
..... which the apex court had pointed out the difference between an action for passing off and an action for infringement of trade mark, while dealing with section 21 of trade marks act, 1940, stating as follows:an action for passing off is a common law remedy being in substance an action for deceit, that is, a ..... remedy, whereas passing off is a common law remedy. infringement which is a statutory remedy is available only to the registered proprietor of a trademark. section 27 of the trademarks act bars a suit on account of infringement with respect to an unregistered trademark. therefore, no application for interim injunction is maintainable with respect to an ..... and that he has already obtained a trademark registration certificate from the registrar of trademarks vide order, dated 14.02.2005, as contemplated under section 23(2) of the trade marks act, 1999. whereas, the plaintiff had applied for trademark registration only on 28.09.2004, and it was still pending before the authorities concerned. .....
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