Court : Chennai
Decided on : Sep-29-2006
Reported in : 2007ACJ1521; [2007(112)FLR561]; (2006)4MLJ1653
..... the applicants are his wife, minor children and mother. let us now consider whether the deceased was a workman within the definition of section 2(n) the act. section 2(n)(ii) of the act reads as under:(1)...(1a)...(ii) employed in any such capacity as is specified in schedule ii.schedule ii prescribes list of person ..... gujarat high court, as referred above, firmly came to the conclusion that the forest guard is a workman coming within the definition of section 2(s) of the industrial disputes act.section 2(s) of the industrial disputes act, reads as follows:'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, ..... deceased was a government servant eligible to get all death-cum-retirement benefits, the fact that he was not an employee within the meaning of section 2(n) of the act has not been substantiated by placing acceptable evidence. in the absence of any oral or documentary evidence before the deputy commissioner, we hold that .....
Tag this Judgment!Court : Chennai
Decided on : Sep-29-2006
Reported in : [2006]134CompCas204(Mad); 2006(4)CTC689; 2006(4)KLT667; (2006)4MLJ641
..... legal heirs. it is an obligation of the society to transfer the share or interest of the deceased member within the stipulated period referred to in section 80 of the act. the appellant being one of the heirs of the deceased member was and still is entitled to succeed to the estate of the deceased member ..... full of the principal and interest therein, or on the security of mortgages, charges or hypothecations etc. the state government constitutes a guarantee fund under section 9 of the act for the purpose of meeting the losses that might accrue on account of loans advanced by the land development banks. the guarantee fund is maintained by ..... co-operative land development bank rules, 1971, which laid down the conditions of service of the employees. the institutional service boards constituted under section 122 of the u.p. co-operative societies act has also framed service rules according to which dismissal of an employee can be ordered only after its approval by the institutional service board .....
Tag this Judgment!Court : Chennai
Decided on : Sep-29-2006
Reported in : 2007ACJ177; 2006(5)CTC97; (2007)2MLJ685
..... and its report will purely be recommendatory and not effective proprio vigore and the statement made by any person before the commission of inquiry is, under section 6 of the act, wholly inadmissible in evidence in any future proceedings, civil or criminal, there can be no point in the commission of inquiry making recommendations for taking ..... the individual, whose property has been destroyed, sought for compensatory relief through writ of mandamus. the government had appointed a commission of inquiry under section 3 of the commissions of inquiry act and mr. m.r.a. ansari, retired chief justice of jammu and kashmir, was appointed as one-man commission. the commission had submitted a ..... had sustained loss due to such communal clash. at that stage, the government of tamil nadu in exercise of the powers conferred under section 3(1) of the commissions of inquiry act, 1952, constituted a commission of inquiry headed by a district judge. the terms of reference were as follows:(i) to inquire into .....
Tag this Judgment!Court : Chennai
Decided on : Oct-09-2006
Reported in : I(2007)DMC756
..... hereunder: the result of a genuine dna test is said to be scientifically accurate. but even that is not enough to escape from the conclusiveness of section 112 of the act e.g if a husband and wife were living together during the time of conception but the dna test revealed that the child was not born to ..... the time when the child could have been begotten, as held by the supreme court in kamti devi's case referred to above, the presumption under section 112 of the indian evidence act stands rebutted. the word 'access' connotes only existence of opportunity for marital intercourse. in this context, we applied our mind to find out whose evidence ..... roof but in different portions. husband is categorical that from october 1982, he did not go anywhere near his wife. the expression 'access' used in section 112 of the indian evidence act had been held by courts as 'opportunities to reach'. therefore the court must have materials to come to the conclusion that, during the period when wife conceived .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-2006
Reported in : (2006)4MLJ1728
..... payable to such employee at that rate has to be multiplied by the number of years of his service subject to the ceiling imposed by sub-section [3] of section 4 of the act viz., that such amount shall not exceed 20 months' wages. both the decisions deal with treating the monthly wages as wages for 26 working days ..... and comprehensive code relating to gratuity as a compulsory retiral benefit. the quantum of gratuity payable under sub-section [2] of section 4 of the act has to be fifteen days' wages based on the rate of wages last drawn by the employee concerned for every completed year of service or more ..... days' wages for one completed year of service. referring to digvijay's case, the supreme court has held:the intention of the legislature in enacting sub-section[2] of section 4 of the act was not only to achieve uniformity and a reasonable degree of certainty, but also to create and bring into force a self contained, all-embracing, complete .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-2006
Reported in : (2007)ILLJ140Mad
..... of his employment express or implied.11. the penalties, which are provided for the breach of the provisions of the epf act, are contained in a group of sections beginning with section 14. section 14b of the act empowers the central provident fund commissioner to recover damages from an employer who makes a default in the payment of contribution ..... has been framed. after the framing of the scheme a fund is established which is vested and administered by the central board constituted under section 5a of the epf act. section 6 of the epf act provides that 8 1/3 per cent. of the basic wages, dearness allowance and retaining allowance, if any, for the time being ..... ] 3 lln 167 : [2002] 112 comp cas 514 considered the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, vis-a-vis section 22(1) of the sica and rejected the argument that wages and terminal benefits to which workers are entitled are not payable until permission is obtained .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-2006
Reported in : [2007]137CompCas917(Mad); [2007]78SCL442(Mad)
..... intervention once again before the company law board. it is stated by the learned counsel for the respondents that changes effected in sub-section 3 of section 111a of the companies act under the amendment act of 1997 by addition of words 'any other law for the time being in force', is retrospective and hence the petition was ..... to the company. the company law board was empowered to direct such company to register the transfer of shares.4. under sub-section 3 of section 111a of the act, introduced by the depositories act, 1995, the company law board was empowered to direct rectification of register of members or records of a depository in the case ..... of mr. mylsamy, learned counsel representing the present appellants is as regards the jurisdiction of the company law board to entertain the petitions under section 111a of the companies act in respect of the transactions which had taken place in the year 1992, 1993 and 1994. the petitioners before the company law board sought rectification .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-2006
Reported in : [2007]138CompCas897(Mad); [2007]80SCL254(Mad)
..... and circumstances of that case, nevertheless, considering the lack of highest degrees of ties of partnership between the groups, the hon'ble apex court held that section 397 of the companies act, 1956, was attracted. certain excerpts are extracted hereunder from it see [1981] 51 comp cas 743, 845:we must mention that we have rejected the ..... 10. the first respondent-company which was originally a private company, subsequently was deemed to be a public company by virtue of turnover in terms of section 43a of the companies act with effect from january 1, 1993, and yet thereafter as per the option exercised, it once again got reverted as private company with effect from ..... that this aspect got reflected in the register of members of the company and the annual report of the company. the company law board under section 402 of the companies act passed suitable direction which cannot be challenged by the appellant in this appeal. the findings are based on facts. relying on the wealth-tax assessment .....
Tag this Judgment!Court : Chennai
Decided on : Oct-12-2006
Reported in : (2007)1MLJ353
..... above statement is hereby recorded. it is stated that the proposed construction is an easy public accessibility in the prevalent economic condition and scenario of population explosion and dearth of housing accommodation. 17. regarding free flow of water in the canal, we have already referred to the stand taken by the ..... and environment throughout the stretch of the project. the proposed construction is an easy public accessibility in the prevalent economic condition and scenario of population explosion and dearth of housing accommodation. the water flow is being regulated in the entire stretch by construction of retaining walls and side pavements as per ..... counsel for thepetitioner relating to pallikaranai marsh has to be rejected.16. section 11 of the indian railways act, 1989, which enables the construction of railway on any condition is brought to our notice and the said section is as follows:section 11. power of railway administration to execute all necessary works - notwithstanding .....
Tag this Judgment!Court : Chennai
Decided on : Oct-12-2006
Reported in : 2006(5)CTC303
..... 1992. a contrary view is taken by another learned single judge in cr.r.p. no. 814 of 1992.7. it cannot be assumed that merely because under section 138 of the act, a guideline is given regarding the quantum of fine to be imposed on the accused, there are different offences. the main punishment prescribed is imprisonment which may extend ..... pay the cheque amount within 15 days from the date of service of notice and the accused failed to pay the cheque amount within the time stipulated under section 138(b) of the act and, therefore, the complainant filed a complaint within one month from the date of service of notice which is well within time. there is no bar for ..... maintainable. it is also contended by the learned counsel for the respondent that the number of transactions and the cheques issued prior to the statutory notice under section 138(b) of the act could at best be considered as bundle of facts giving rise to a cause of action and that it is not a ground to quash the criminal proceedings .....
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