Array
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    [0] =>  .....  it should also be pointed out here that even though the application for cancellation of the no-objection certificate was addressed to the joint chief controller of explosives, copy was in fact marked to the commissioner of police, the competent authority-district authority who has jurisdiction over the issue. similarly, the application for ..... first respondent is that in the present case, the appropriate authority to cancel the licence and the noc being the 3rd respondent-joint chief controller of explosives and the district authority-commissioner of police respectively, the representation-application in that regard not having been actually addressed to the said authorities, the writ  ..... to exercise their option for renewal and they have to vacate the premises. they are rank trespassers. (emphasis supplied)as regards the rigour of section-9 of the act operating in favour of the oil corporation as argued by the counsel for the first respondent, it is pertinent to quote here the following  ..... 
    [1] =>  ..... any other suit. the arrest of the vessel while in indian waters by an order of the high court concerned, as defined under the merchant shipping act, 1958 [section 3(15)] attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, as an action  .....  of madras is one of them. there has been no legislation affecting the admiralty jurisdiction in india after 1860. section 106 of the government of india act, 1915, section 223 of the government of india act, 1935 and article 225 of the constitution preserved their status and madras high court continues to be a court of ..... claims; or (b) the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or waste."24. colonial courts of admiralty act, 1890, colonial courts of admiralty (india) act, 1891, international convention for unification of certain rules relating to maritime liens and mortgages at ..... 
    [2] =>  ..... to natural calamity, and in the case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion). (2) an application for permission under sub-section (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended lay-off and a copy of  ..... to obtain permission from the government. also, when the clause 11 of the standing order (certified by the joint commissioner of labour under the industrial employment standing orders act) empowers the petitioners/ management/mills to declare lay-off, then there is no necessity for the petitioners/mills to obtain permission from the government.30. this court  .....  declare lay-off, this court is of the view that for commencement or continuance of lay-off, permission through an application as per sub-section (1) of section 25m of the industrial disputes act, lay-off will have to be made by the petitioners/mills within the specified period, but in the instant cases on hand, the petitioners ..... 
    [3] =>  ..... and if such pleas urged and tactics adopted by the defaulters solely with a view to delay the recovery process are encouraged, it would lead not only to docket explosion but also to financial crunch in the country. for all the above reasons, there is no merit in the writ petition and the same is, accordingly, dismissed ..... of finance, department of economic affairs, banking division has issued a notification prescribing fee to be paid for preferring an appeal against the measures under section 13(4) of the sarfaesi act.5. thereafter, the first respondent once again issued a notification dated 23.9.2007 informing the public that the alleged secured interest created in favour .....  to undermine and defame the goodwill of the petitioners. therefore, the petitioners filed w.p.no.10318 of 2006, challenging the notice issued under section 13(2) of the sarfaesi act. the said writ petition was dismissed by a division bench of this court on 13.12.2006, following the judgment of the honourable apex court ..... 
    [4] =>  .....  recommendations made by the sponsoring authority that the detenu is involved in three adverse cases namely (1) mamallapuram ps cr.no.192/2009 under sections 147, 148, 120(b), 302 ipc r/w 3 & 4 of indian explosive substances act; (2) chunambedu ps cr.no.59/2010 under sections 147, 148, 341 and 302 ipc and (3) chunambedu ps cr.no.60/2010 under .....  sections 147, 148, 294(b), 394, 307 ipc r/w 3 of indian explosive substances act and also in one ground case registered by chunambedu ps cr.no ..... .154/2010 under sections 147, 148, 294(b), 341, 394, 307 ipc r/w 4 of indian explosive substances act, 1908 for an occurrence that took place on 17 ..... 
    [5] =>  .....  underwent by him. thiru.a.b.nagier stated that he was arrested for madurai tirumalai naicker mahal bomb case in the year 1937 and he was convicted under sections 4a and 4b of explosives act for six years. it is also stated that on 23.10.1942, he was again imprisoned under rule 26(5) of defence of india rules and he was ..... 
    [6] =>  .....  released on bail directly from the hospital in crime no. 48 of 2010 on the file of the munneerpallam police station registered for offences under section 25(1)(1-b) @ 27(1) arms act 5(a) of explosive substance act r/w.120(b)ipc even without being produced before the learned magistrate, this court finds that the petitioner did bear several injuries as .....  central prison, puzhal was also arrested on 26.02.2010 in connection with munneerpallam police station crime no. 48 of 2010 under section 25(1)(1-b)(a) and 27(1) arms act 1959 and section 5(a) of explosive substances act 1908 and recorded his confession statements on 07.03.2010 at 8.00 hours.5. it is further submitted that in the course ..... 
    [7] =>  .....  case in crime no. 470 of 2009 registered by guduvanchery police station for the offences under sections 147, 148, 324, 302 of the indian penal code read with sections 3 and 5 of indian explosive substances act, 1908 and section 3(i) of tnppdl act and on scrutiny of the materials available, the detaining authority, after recording its subjective satisfaction that ..... case in crime no. 470 of 2009 registered by guduvanchery police station for the offences under sections 147, 148, 324, 302 of the indian penal code read with sections 3 and 5 of indian explosive substances act, 1908 and section 3(i) of tnppdl act and the detenu in h.c.p. no. 1811 of 2010 is involved in one adverse .....  case in crime no.470 of 2009 registered by guduvanchery police station for the offences under sections 147, 148, 324, 302 of the indian penal code read with sections 3 and 5 of indian explosive substances act, 1908 and section 3(i) of tnppdl act, the detenu in h.c.p. no.1810 of 2010 is involved in one adverse case ..... 
    [8] =>  .....  would be the report of the director of finger print bureau which may be read as evidence. the government examiner would not be a person whose report can be acted upon under section 293 cr.p.c. evenso, this lapse of the prosecution would not aid the first accused/appellant in c.a. no. 43/2004 given the overwhelming evidence against him .....  is conversant with the facts of the case and can satisfactorily depose in court on his behalf.(4) this section applies to the following government scientific experts, namely, (a) any chemical examiner or assistant chemical examiner to government;(b) the chief controller of explosives;](c) the director of the finger print bureau;(d) the director, haffkeive institute, bombay;(e) the director[deputy ..... 
    [9] =>  .....  obstetrical catastrophes, as seen from the book principles of internal medicine by harrison, where we find disseminated intravascular coagulation [dic] can be either an explosive and life-threatening bleeding disorder or a relatively mild or subclinical disorder. although there is a long list of diseases complicated by dic, it is .....  have not applied the reasonable skill and professional standard. all the above allegations are only general accusation, and not with reference any specific incidents, or act, pointing out, how and at what point of time, the standard medical care available for treating the patient was deviated or offended, thereby, causing problems .....  skill required in giving care to the patient and they never shirked their responsibility while rendering service, and therefore there is no question of negligent act or deficiency in service. the claim of the complainants, for compensation is based upon untenable allegations. the other allegations in the complaint are denied as ..... 
    [10] =>  .....  document. 7. on examination of the oral and documentary evidence the learned subordinate judge, tiruppatur came to the conclusion that the death was due to electrocution caused by the negligent act of the defendants in laying the live wire on their land without any warning. the learned subordinate judge relied upon the testimony of p.ws.2 and 3, neighboring land .....  total claim itself was only rs.4,00,000/- at the rate of rs.2,00,000/- each. even if the multiplier method of calculation adopted under the motor vehicles act is applied, the compensation, payable would be much higher than what has been claimed. though some evidence is sought to be let in regarding the income of one of the ..... (prayer: these first appeals are filed under section 96 of civil procedure code against the judgment and decree made in o.s.no.123 of 1988 dated 06.08.1997, on the file of the court of subordinate judge, tirupattur.)  ..... 
    [11] =>  .....  8.7.2016. 32. this court cannot simply brush aside ex.r-2 divorce decree which has been granted by a competent matrimonial court/ family court, thalassery (see section 41 of evidence act). as long as ex.r2 remains, in other words, it has been set aside by a competent court in the state of kerala or by the hon'ble apex .....  divorce was passed on the ground of desertion by respondent, she would not be entitled to maintenance for any period prior to the passing of the decree under section 13 of the hindu marriage act. to that extent, learned counsel appears to be correct. but for that short period, we would not be inclined to interfere.'' [emphasis supplied by us] 31. the ..... ) she is living in adultery; and (3) the spouses are living separately under a mutual agreement, the husband can refused to pay her maintenance. thus, section 125 (4) cr.p.c. acts as an exceptional clause to section 125 (1) cr.p.c. 24. the effect of granting of divorce to a woman visa-a-vis a contention placed on the anvil of ..... 
    [12] =>  ..... , muralidharan, chandra mohan and prakash for the offences u/s 120(b), 420, 465, 468, 471, 380, 511 ipc and 66, 66(c), 66(b) of information technology act, 2000 @ sec.474 ipc r/w 465 ipc and 120(b) ipc. 6. at this juncture, it may be relevant to narrate briefly certain parallel events that took place in connection with .....  examination-in-chief was deferred for quite a long time and the procrastination ruled as the monarch. our reference to the said authorities should not be construed to mean that section 311 crpc should not be allowed to have its full play. but, a prominent one, the courts cannot ignore the factual score. 19. in the opinion of this  .....  flee to bangladesh via kolkata and they were arrested by 24 parganas north police, bangoan district, west bengal in fir no.720 of 2014 u/s 14 of the foreigners act and were lodged in kolkata prison. chandra mohan [a5] was enlarged on bail in kolkata and thereafter, his whereabouts are not known. suganandan [a3], muralidharan [a4] and prakash [ ..... 
    [13] =>  .....  an issue for consideration, we are afraid the evidence of pw-4 and pw-5 is hardly an evidence in law to establish such offence. in that situation section 32(1) of the evidence act does not get attracted. 34. recently, in subhash vs. state of maharashtra [criminal appeal no.93 of 2003 dated 15.6.2016],under similar circumstances, the accused ..... ipc. 29. in inderpal (supra), the hon'ble supreme court held as under: 7. unless the statement of a dead person would fall within the purview of section 32(1) of the indian evidence act there is no other provision under which the same can be admitted in evidence. in order to make the statement of a dead person admissible in law .....  13. the learned senior counsel further contended that after the death of the deceased, ex.p-2 becomes a dead woman's statement falling under section 32(1) of the evidence act. with regard to the charge under section 498-a ipc, death of a person will not be an issue. in such circumstances, ex.p-2 cannot be relied on to convict ..... 
    [14] =>  ..... the impugned order-in-original is modified as under (a) demand of duty of rs.3,76,086/- on m/s.paragon paper private limited under sub section (2) of section 11a of central excise act 1944 and adjustment the same amount already paid towards the demand is upheld. (b) imposition of penalty of rs.3,76,086/- on m/s.paragon paper ..... 3,61,240/- + edu cess - rs.7,335/- + she cess - rs.2,031 + paper cess - rs. 5,480) on m/s.paragon paper private limited under sub section (2) of section 11a of central excise act 1944. i adjust an amount of rs.3,76,086/- (rupees three lakhs seventy six thousands and eighty six only) already paid by them on 24.02 ..... . (ii) i impose penalty of rs.3,76,086/- (rupees three lakhs seventy six thousands and eighty six only) on m/s.parago paper private limited, under section 11ac of central excise act 1944. however, they may exercise the option for payment of reduced penalty subject to the fulfillment of the condition stipulated therein. (iii) m/s.paragon paper private limited ..... 
    [15] =>  .....  court in writ petition (md)no.1500 of 2016. apart from that large number of villagers raised objections for grant of renewal of lease alleging that petitioner is using heavy explosives which causes heavy damage to the villagers and it is also affecting agricultural operations. he would further contend that in the interest and welfare of the public of rakkathampatti village .....  fundamental rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an act is challenged. there is a plethora of case law on this point but to cut down this circle of forensic whirlpool, we would rely on some old decisions of the ..... 
    [16] => (prayer: civil miscellaneous appeal filed under section 173 of motor vehicles act, 1988 against the judgment and decree dated 18.12.2015 made in m.a.c.t.o.p. no.927/2014 on the file of the motor accidents claims tribunal, ( .....  aged about 25 years, after filing f.i.r. before the inspector of police, traffic investigation, poonamallee, which was registered in crime no. 1174/ph1/2014 for an offence under sections 279, 337 and 304(a) i.p.c., a claim was made before the tribunal for a sum of rs.35,00,000/- on the ground that the government servant ..... 
    [17] =>  .....  of principles for promotion of students and such principles ought to have been framed in consultation with the staff council and apply the same impartially. this has been incorporated under section 30(a) of the tamil nadu educational rules. they would contend that the 3rd respondent did not follow the said rules. 4. according to the petitioners, detention in the 11th .....  annual promotions will be the responsibility of the headmaster and he cannot promote anyone except in accordance with law. the automatic promotion as contemplated under section 16 of the right of children to free and compulsory education act, 2009 is only upto viii standard. each year has a separate curriculum and at the end of each academic year, there are examination in ..... (prayer: writ petition filed under section 226 of the constitution of india for issuance of a writ of mandamus directing the 1st respondent to allow the petitioners to continue the studies in the 12th standard of  ..... 
    [18] =>  ..... order of the governor. since criminal case was pending against the petitioner for the alleged offences under sections 420, 477-a, 409, 511 read with 409 ipc read with section 13(2) read with 13(1)(d) and section 15 of the prevention of corruption act, the first respondent passed the two impugned orders, both dated 31.05.2016, one under  .....  virugambakkam carpentry and blacksmith co-operative cottage industrial society ltd., chennai, for the alleged offences under sections 420, 477-a, 409, 511 read with 409 ipc read with section 13(2) read with 13(1)(d) and section 15 of the prevention of corruption act in crime no.02/ac/2012/cc-iv, dated 02.07.2012. the only allegation against  ..... the petitioner in the fir is that while he was working as under secretary (buildings), he approved a note put up by the section and thereby attempted to create a wrongful ..... 
    [19] =>  .....  survey. however, this court is not commending anything on the said classification. since the petitioner has submitted his response to the notice issued under section 7 of the land encroachment act, 1905, the second respondent is directed to consider the same and dispose of it in accordance with law within a period of three weeks from ..... petitioner is that despite such observation made in the order passed in the review application by this court, the first respondent has issued notice under section 7 of the land encroachment act, 1905, for which the petitioner has also submitted his detailed response on 22.07.2016 and without adjudicating the said issue, notice under .....  section 6 of the land encroachment act, 1905 has been issued and therefore, the petitioner is constrained to approach this court. 4. mr.ethirajulu, the learned counsel for the petitioner would  ..... 
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