Court : Chennai
Decided on : Jan-27-2006
Reported in : II(2006)ACC570; 2007ACJ79; 2006(2)CTC179; (2006)1MLJ621
..... opportunity' has held as under:-8. though the driver may not have been in this case wholly responsible for the accident, as contended, from the mere fact that the victim acted in contravention of a traffic regulation alone, complete immunity from liability of the driver or the appellant corporation for the accident so as to disown totally the responsibility to compensate .....
Tag this Judgment!Court : Chennai
Decided on : Jan-30-2006
Reported in : AIR2006Mad190; (2006)1MLJ442
..... evidence governs the means and manner in which a party may substantiate his own case, or refute that of his opponent.8. evidence as defined in section 3(1) of evidence act is as follows:evidence: 'evidence' means and includes-(1) all statements which the court permits or requires to be made before it by witnesses, ..... departure from a common law jurisdiction is permitted, there can be a summary proceedings and the procedure for recording evidence as found in the definition of evidence act under the term 'evidence' need not be so followed when summary procedure is permitted and whereby departure of procedure from a common law jurisdiction is allowed.11 ..... at pondicherry, in and by which, the rent controller has permitted the landlady to file proof affidavit as a substitute of her statements in the chief examination. this act of accepting proof affidavit is disputed by the revision petitioner / respondent / tenant.2. learned counsel for the revision petitioner / tenant submitted that rule 5 of .....
Tag this Judgment!Court : Chennai
Decided on : Jan-31-2006
Reported in : 2006CriLJ1967
..... dated 6-12-2005 wherein it is stated that the petitioner was found in possession of some explosive materials and explosive substances. it is sufficient to prove his guilt as one of the coconspirator and liable for specific punishment of conspiracy under section 120-b i.p.c. the evidence of sushil kuamr, inspector of police, cannot be ..... governments of their constitutional obligation to strengthen the judiciary quantitatively and qualitatively by providing requisite funds, manpower and infrastructure. we hope and trust that the governments shall act.we answer the questions posed in the orders of reference dated 19-9-2 000 and 26-4-2001 in the above said terms.it is clear from ..... i) and (ii). at the most the periods of time prescribed in those decisions can be taken by the courts seized of the trial or proceedings to act as reminders when they may be persuaded to apply their judicial mind to the facts and circumstances of the case before them and determine by taking into consideration the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-31-2006
Reported in : [2007]288ITR165(Mad)
..... on 9.3.99, the assessing officer excluded the dyeing charges in terms of explanation (baa) to section 80hhc of the act, and held that when 90% of the dyeing charges were excluded from the profits, the deduction under section 80hhc became negative and accordingly, disallowed the same. the assessee went on appeal before the commissioner of ..... the nature of brokerage, commission or other receipts, which are not related to the main activity of the business attracting explanation (baa) to proviso to sub section (4a) of section 80hhc.7. further, it is seen from the order of the commissioner of income-tax (appeals) that the assessing officer was directed to exclude the dyeing ..... from the total turnover and to exclude only the profit element of the dyeing charges from the profit of the business for the purpose of computing deduction under section 80hhc. since that order of the commissioner of income-tax (appeals) has not been challenged by the assessee, as rightly held by the tribunal, the revenue .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-2006
Reported in : (2006)1MLJ472
..... and revenue records mutated. the writ petition has been filed on 25.11.1996, after the passing of the award. the challenge to the notification issued under section 4(1) of the act, after passing of the award, cannot be entertained in the facts and circumstances of the case. in support of the same, learned government advocate submitted the following ..... and therefore, notice was sent to the petitioner also. in any event, the petitioner's father would fall within the scope of the definition of 'owner' under section 3( h) of the act 31 of 1978. however, shri.madana gurusamy has refused to receive the notice, as is evident from the records and the counter affidavit filed. the claim of ..... claims to be the owner. the father of the petitioner shri.madana gurusamy has to be considered as owner by virtue of the definition of 'owner' under section 3(h) of the act 31 of 1978. the contention of the respo ndents that they have rightly sent all the notices to the owner of the property in question, as per .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-2006
Reported in : [2006(110)FLR1033]; (2006)IILLJ579Mad; (2006)1MLJ468
..... counsel for the petitioner submitted the following judgments in support of the contention that unless and until the claim of the workmen is adjudicated as provided under the act, the application under section 33-c(2) will not be maintainable. learned counsel relied on the following judgments in support of her case:state of u.p. and anr. v ..... a sum of rs. 3000 for the month of september 1993. therefore, the counsel for the petitioner would contend that in terms of the definition under section 2(s) of the act, the first respondent cannot claim to be a workmen. in any event, by nature of his duties and reason of his managerial nature of occupation, ..... the petitioner would also contend that appointment order of first respondent will show that he does not fall under the definition of 'workmen' as contemplated under section 2(s) of the act. learned counsel for the petitioner would draw the attention of the court to the appointment order dated march 30, 1991, where first respondent has been clearly .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-2006
Reported in : [2007]137CompCas406(Mad)
..... was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed with the contest or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary ..... conduct of its business as well as the company shall be construed to be guilty of the offence.13. while dealing with the aforesaid question, with regard to section 141 of the negotiable instruments act, 1881, which is in pari material, the hon'blesupreme court in s.m.s. pharmaceuticals ltd. v. neeta bhalla [2005] 127 comp cas 563 : ..... there is no such specific reference in the charge sheet, it will have to be construed, in the light of the aforesaid ratio, that the provisions of section 49a of the indian electricity act, 1910, are not complied with.15. this court in salfee golden jubilee rolling mills v. state [1989] lw (crl.) 227 has held that when .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-2006
Reported in : AIR2006Mad142; 2006(2)CTC353; (2006)2MLJ456
..... observed :-78. thus, after considering the arguments of counsel for the parties on the first two limbs of the questions, our conclusions are :(1) that there is no inconsistency between section 104 read with order 43 rule 1 and the appeals under the letters patent and there is nothing to show that the letters patent in any way excludes or overrides ..... the application of section 104 read with order 43 rule 1 or to show that these provisions would not apply to internal appeals within the high court.(2) that even if it be assumed ..... be the sole sufferer.17. it is the acknowledged position of law that no party can be forced to suffer for the inaction of the court or its omissions to act according to the procedure established by law. under the normal circumstances the aggrieved party can prefer an appeal only against an order passed under rules 1, 2, 2a, 4 .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-2006
Reported in : 2006(1)CTC689; (2006)IILLJ979Mad; (2006)1MLJ511; 2008(1)SLJ529(NULL)
..... about 19.15 hours against mr. l. balasubramaniam before the f4-thousand lights police station, chennai under sections 341 and 323 of ipc read with section 3(1) of the schedule caste and scheduled tribe (prevention of atrocities) act, 1989, and the same has been registered as crime no.163 of 2005, and a charge sheet ..... lodged a complaint against the office-bearers of the petitioners association and the complaint was registered in the same police station under crime no.162 of 2005 under sections 341, 323, 324, 427, 307 and 507(ii) of the indian penal code, and a charge sheet has also been filed in that case before ..... straightaway issued a statement of imputation and started domestic enquiry against the petitioners alleging that the petitioners had indulged in unruly, riotous behaviour, and allegedly committed willful act of criminal assault on mr. l. balasubramnaiam. the statement of imputation is solely based on the criminal complaint lodged by mr. l. balasubramaniam. the petitioners contend .....
Tag this Judgment!Court : Chennai
Decided on : Feb-02-2006
Reported in : [2006]132CompCas803(Mad); (2006)2MLJ134; [2006]72SCL10(Mad)
..... of the borrower before such a process of recovery is initiated so as to demonstrate that the reply of the borrower to the notice under section 13(2) of the act has been considered applying mind to it. the reasons, howsoever brief they may be, for not accepting the objections.from the above observations ..... negotiations between the parties regarding the settlement of the outstanding loan amount did not fructify, the respondent bank initiated action under the provisions of section 13(2) of sarfaesi act and issued the impugned notice. aggrieved, the petitioner has filed the present writ petition.3. learned senior counsel for the petitioner submitted that the ..... learned senior counsel reiterated that poultry farming is incidental to agricultural operations and, therefore, secured asset in this case is eligible for exemption under section 31(i) of the sarfaesi act. learned senior counsel, by producing field-map, etc., submitted that the land on which the poultry farm is located is far away from .....
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