Court : Chennai
Decided on : Jul-26-1989
Reported in : (1989)2MLJ469
..... and permitted increases, if any, and observes and performs the other conditions of the tenancy in so far as they are consistent with the provision of the act. section 13 provides for exceptional cases in which the landlord can eject the tenant even though he had been paying rent regularly or be ready and willing to pay rent ..... both the landlord and the tenant that a harmony is sought to be struck whereby the bona fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have bona ..... to make such alterations or modifications as necessary for his purposes. the provision for requirement for purposes of demolition and reconstruction is found in section 14(1)(b) of the act. under that sub-section, the controller shall, if he is satisfied on an application made by the landlord that the building is bona fide required by the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-30-1989
Reported in : [1990]33ITD222(Mad)
..... the jewellery in favour of the donee at least for 74 months. therefore it comes under a gift revocable after a certain period and it falls under section 6(2) of the gift-tax act and hence the value of such gift should be computed according to the terms of rule 11 of the gift-tax rules. dr. gowri shankar argued that ..... revocable gifts after a specified period for purposes of levy of gift-tax. in the absence of definition of irrevocable transfer just like the one available under section 4 explanation of the wealth-tax act for purposes of gift-tax even if a gift is revocable after any specified period, which is not necessarily over a period of more than six years ..... the assessee went in appeal before the commissioner (appeals). it is contended before him that the gift is void since it is revocable offending the provisions of section 126 of the transfer of property act. since it is not a valid gift the question of taxing the same does not arise and assessing rs. 14,68,000 towards the value of the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-19-1989
Reported in : (1989)2MLJ503
..... 5. in this writ petition it is argued on behalf of the petitioner that the petitioner is a worker within the meaning of the industrial disputes act and the mandatory requirements of section 25-f have not been complied with and hence the retrenchment is illegal. it is the definite case of the petitioner that he was a general ..... that he was employed as a general worker in the first respondent company on a monthly pay of rs. 425. he questioned the management's act of retrenching him and wanted reinstatement by filing section 2-a petition before the labour officer. conciliation attempts failed. he was senior most worker and he was retrenched, without any reasons and compensation. ..... to go and could not be asked to collect his dues afterwards. we are therefore of the clear view that the management failed to comply with the requirements of section 25-f (a) and (h) and therefore the termination order is invalid. hence we are unable to agree with the finding of the labour court upholding the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-15-1989
Reported in : (1990)1MLJ199
..... has been made by the collector before taking possession. the payment of interest, therefore, cannot, in any way, whittle down the requirements of section 11-a of the act (supra). the section talks of the interest becoming payable from the date of taking over possession at the specified rate on the award amount when the compensation is ..... revesting takes place by operation of law.15. the last submission made by mr. krishnamurthi appearing for the second respondent was that since under section 34 of the land acquisition act interest is payable on the failure to pay or deposit the compensation, the delay in the making of the award, particularly when urgency provisions ..... preventing the authorities from passing orders within the stipulated time.4. mr. k. govindarajan, learned counsel for the appellant, submits that as per section 11-a of the land acquisition act, in any event, within two years from 3.12.1984 the collector having not passed the award, the entire proceedings for the acquisition of .....
Tag this Judgment!Court : Chennai
Decided on : Dec-15-1989
Reported in : 1993(44)ECC84
..... chemical examiner or an expert in this regard, and thereafter appropriate duty to be collected thereon. aggrieved against that portion of the adverse order, a revision under section 36 of central excises and salt act, 1944 was filed before the first respondent, which confirmed the same by order dated 24.2.1979. therefore, it had necessitated the filing of the writ petition ..... . subramaniam, learned counsel for the appellant/writ petitioner, would submit that, any misconception entertained by a licensee about the nature of the goods, would not confer a right under the act to claim payment of duty, unless it be established by the authorities, that aluminium sheets and plates had been manufactured by petitioner. statements forcibly taking [taken?] by the authorities on .....
Tag this Judgment!Court : Chennai
Decided on : Dec-13-1989
Reported in : 1991ACJ874; (1994)IIILLJ514Mad
..... brother p.l. veeriah. the third respondent admittedly is the mother of the deceased worker. under section 2(d) of the act, 'dependent' has been defined as follows:'dependent' means any of the following relatives of a deceased workman namely:- (i) a widow, a minor legitimate son, ..... constitution shall not be invoked. hence, this writ petition is not maintainable, as the petitioner has got an alternative remedy by way of an appeal under section 30(c) of the act.2. the petitioner claims to be the paternal uncle of the deceased worker, as according to his affidavit, the deceased worker was the son of his ..... claim of the third respondent herein for payment of compensation as the dependent of the deceased worker. an appeal lies against the said order under section 30(c) of the workmen's compensation act, 1923. the affidavit of the petitioner does not refer to the existence of the statutory remedy by way of appeal; nor does it explain .....
Tag this Judgment!Court : Chennai
Decided on : Dec-12-1989
Reported in : (1990)2MLJ381
..... tamil nadu panchayats act published by the madras law journal office, madras under the heading 'house tax' reads as follows:the following buildings shall, if they fall within the definition of 'house ..... to pay the tax on the basis thereof, obviously, all is not' well with the first respondent panchayat.3. the relevant rules framed under the tamil nadu panchayats act (xxxv of 1958) grant exemption from payment of house tax for certain classes of buildings. clause (c) of rule 1 which is available at page 174 of the ..... ' under the act be exempt from the house tax--(a) ....(b) ....(c) buildings used for educational purposes including hostels and for libraries which are open to the public, public buildings .....
Tag this Judgment!Court : Chennai
Decided on : Nov-28-1989
Reported in : (1990)1MLJ516
..... swadeshi cotton mills v. union of india : [1981]2scr533 although the majority held that the expression that immediate action is necessary in section 18aa(1)(a) of the industries (development and regulation) act, 1951, does not exclude absolutely, by necessary implication the application of the audi alteram partem rule, chinnappa reddy, j. dissented with ..... and associated cement companies ltd. v. t.c. srivastava : (1984)iillj105sc , apart from article 311 prior to its amendment by the constitution (forty-second amendment) act, 1976, it is not necessary either under the ordinary law of the land or under industrial law to give a second opportunity to show cause against the penalty proposed ..... of the enquiry officer are correct and accepted the same. it is also stated in the counter affidavit that in view of the gravity of the acts of misconduct committed by the petitioner and proved at the domestic enquiry, the disciplinary authority took the decision to impose on the petitioner the punishment .....
Tag this Judgment!Court : Chennai
Decided on : Nov-27-1989
Reported in : [1990]32ITD794(Mad)
..... development rebate and the question was whether the sanitary and pipeline fittings installed fell within the definition of plant given in section 10(5) of the 1922 act which was similar to the definition given in section 43(3) of the 1961 act and this court after approving the definition of plant given by lindley, l. j. in yarmouth v. france [1887] 19 qbd ..... given by lindley, l. j. in yarmouth v. france [1887] 19 qbd 647, a case in which it was decided that a cart-horse was plant within the meaning of section 1(1) of the employers liability act, 1880. the relevant passage occurring at page 658 of the report runs thus :'there is no definition of plant in the ..... act : but in its ordinary sense, it includes whatever apparatus is used by a businessman for carrying on his business,-not his stock-in-trade which he buys or makes for .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-1989
Reported in : AIR1991Mad246
..... conditions for affiliating colleges to the university and to withdraw affiliation from colleges and to provide for the inspection of all colleges and hostels.32. section 19 of the madras university act sets out the powers of the syndicate. the syndicate has power to make ordinances and amend or repeal the same among other powers. u ..... the duties enjoined on the council are confined to such new institutions and not the existing institutions. the language of the other clauses in sec. 10 of the act as well as the other sections of the act shows that the jurisdiction of the council extends over all the technical institutions, whether established before or after the ..... are to be started thereafter. we have no doubt whatever that the act applies to all technical institutions, whether they came to be before the passing of the act or subsequent thereto. the learned advocate general lays stress on section 10(k) of the act which provides for grant of approval for starting new technical institutions and .....
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