Court : Chennai
Decided on : Dec-18-2003
Reported in : 2004(1)CTC721
..... one paranthaman, who is being tried for the offences under sec. 21(1)(a) and sec. 21(3) of pota read with sec. 13(1)(b) of unlawful activities (prevention) act, 1967 as also sec. 4(b)(1) and sec. 5(a) of the explosives substances act 1908 and sec.17(1) of the criminal law amendment act 1908. 2. learned counsel for the appellant in this ..... happened to this case, which is pending for the last ten years. the second prosecution is vide p.s. crime no.1988 of 1993 under sec. 10 of the unlawful activities (prevention) act on account of the seizure of 298 copies of 'kaviayanayagan kittu', a book on the ltte leader by name kittu, allegedly written by pala nedumaran himself ..... assisted in arranging the said indoor meeting which knew was to support the terrorist organisation ltte and hence had committed the offence under sec. 21(2) pota, punishable under sec. 21(4) of the said act.7. it is then further suggested in the charge-sheet that a-1 pala neduamaran had participated in a public meeting held on .....
Tag this Judgment!Court : Chennai
Decided on : Sep-01-2003
Reported in : 2003(1)CTC78
..... a fine of rs. 250 with a default sentence of three months' rigorous imprisonment. a4 to a14 were also charged under section 3 of the explosive substances act framed under charge no. 15 and under section 4(b) of the said act framed under charge no. 16 and each one of them was sentenced to undergo rigorous imprisonment for a period of three years ..... under each charge. charge no. 17 was framed against a4 to a14 under section 307, ipc and on finding them guilty, the ..... and therefore, an eviction petition in o.p.no. 42 of 1989 was filed against them before the special deputy collector (revenue), salem, under section 3(2)(b)(c) of the cultivating tenants protection act. an order of eviction was passed on 20.12.1991 in favour of p.w.14 and the said order stands marked as ex.p-3 .....
Tag this Judgment!Court : Chennai
Decided on : Apr-29-2003
Reported in : 2003(2)CTC397
..... admit or deny the genuineness of each such document and the list of documents shall be in such form as may be prescribed by the state government. sub-section 3 of section 294, cr.p.c. contemplates that where the genuineness of any document is not disputed, such documents may be read in evidence in any inquiry, trial or ..... the contents of the document, ex.p.29 and as the contents of the document, ex.p.29, are not proved in terms of the provisions of the evidence act, it is to be excluded from the purview of this court.12. the prosecution can, of course, prove the contents of certain documents without examining the author of ..... the government scientific experts, to whom the section applies. a perusal of sub-section 4 of section 293, cr.p.c. indicates that the document issued by any chemical examiner or assistant chemical examiner to government, the report of a chief inspector of explosives, the report of the director of the finger print bureau, the report of the director, haffkeine institute, .....
Tag this Judgment!Court : Chennai
Decided on : Apr-10-2003
Reported in : 2003(2)CTC710
..... is not illegal merely because it proceeds on the uncorroborated testimony of the accomplice. 14.3. a harmonious reading of both illustration (b) to section 114 and section 133 of the act enunciates that though it is not illegal to convict upon the evidence of an accomplice supported by the confession of the co-accused, independent evidence ..... on the decision inghulam nabi war v. state of nct of delhi reported in 2000 scc (cri) 1135. in ghulam nabi war case, the prosecution recovered explosive substance from the bag of the first accused therein and the same was not used against the second accused therein, who was a tenant in possession of the ..... pw2 are approvers. in order to appreciate the evidence of pw1 and pw2, a reference to illustration (b) to section 114 and section 133 of the indian evidence act, (hereinafter referred to as the 'act') would be relevant. section 114: court may presume existence of certain facts.- the court may presume the existence of any fact which it thinks .....
Tag this Judgment!Court : Chennai
Decided on : Jan-31-2003
Reported in : (2003)IILLJ750Mad
..... case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion. sub- section (5) of section 25-m provides that if an application or permission under sub-section (1) or sub-section (3) has been made and if no order is passed granting or refusing to grant permission within a ..... at once. at that stage, the petitioner applied to the government of india for permission to lay-off and in terms of sub-section (1) of section 25 of the industrial disputes act, but in the exceptional circumstances, namely, the direction issued by the supreme court and the consequential orders of the district forest officer. ..... writ-petitioner-management, yet, it has declined to grant permission for lay-off. as rightly contended by the counsel for the petitioner, the first respondent has acted arbitrarily and had taken into consideration matters which are not relevant or irrelevant consideration has entered in the minds of the first respondent. the extraordinary circumstances has .....
Tag this Judgment!Court : Chennai
Decided on : Dec-30-2003
Reported in : 2004(1)CTC161
..... there is no dispute that the petitioners are the contract carriage permit holder to operate omni buses. an intending contract carriage operator makes an application under section 73 of the act to the regional transport authority for grant of permit. the application shall contain the type and seating capacity of the vehicle, the area for which ..... class or description of motor vehicles. the learned advocate general would contend that the power to pass impugned government order could be traced to section 115 and rule 370 of the act and rules. the power of the state government or any authority authorized in this behalf by the state government to prohibit or restrict the ..... avoid traffic congestion and also to regulate the traffic within the city. the government is empowered to take such decision in exercise of power under section 115 and rule 370 of the act and rules. insofar as the challenge on the ground of discrimination, it is the stand of the government that the movement of state transport .....
Tag this Judgment!Court : Chennai
Decided on : Dec-24-2003
Reported in : (2004)1MLJ406; 2004(28)PTC590(Mad)
..... company and joint proprietors were not parties in that proceedings and the observation made by the court that the agreement required to be registered under section 48 of the trademarks act was not registered and the company could not be regarded as the registered user even during the currency of the user agreement would not ..... the user of the mark becomes unauthorised user and the question of infringement of the mark arises. 24. learned single judge noticed the provisions of section 24 of the trademarks act and held that when the appellant and the respondents are joint proprietors of the registered trademarks, the appellant has no right whatsoever to exclusively use ..... by the company holding that the use of the trademarks by the appellant zeenath bivi for her own benefit is not an action which is permissible under section 24 of the trademarks act. 22. the division bench relied upon the decision of the supreme court in power control appliances v. sumeeth machines pvt. ltd. : [1994]1scr708 .....
Tag this Judgment!Court : Chennai
Decided on : Dec-24-2003
Reported in : III(2004)ACC476; 2004ACJ701; 2004(1)CTC284
..... -insurance company is liable to pay the compensation to the extent specified in sub-section (2) of section 147 of the act 1988.11. according to sub-section (2)(a) of section 147 of the act, a policy of insurance referred to in sub-section (1) of section 147 of the act, shall cover any liability incurred in respect of any accident, up to the ..... were made as the legislature did not want to widen the liability of the insurer and the insured by making it more than what it was under the english act, upon which section 95 was based. as rightly pointed out by this court in pushpabai purshottam udeshi v. ranjit ginning and pressing co., : [1977]3scr372 . the requirement of ..... the said proviso has been omitted and the restriction has been taken away thereby the insurance company which had covered third party risk under the 'act only policy' issued under section 147 of the act, liable to pay the claim of the pillion rider who is a gratuitous passenger.20. in view of the above, the tribunal is not .....
Tag this Judgment!Court : Chennai
Decided on : Dec-23-2003
Reported in : (2006)200CTR(Mad)678; [2005]272ITR525(Mad)
..... a right for reproduction of film songs for a specific period is royalty and allowable as revenue expenditure and not a capital expenditure, which attracts the provisions of section 35a of the income-tax act.2. the assessee is an individual engaged in the production of audio cassettes with popular film songs. he carries on the business of manufacturing pre-recorded cassettes ..... income. his claim was accepted on 29.09.1996 for the assessment year 1985-86. for the assessment year 1984-85 also, the assessment was made under section 143(3) of the income-tax act on 19.3.1987 accepting the deduction of such expenditure. later on, the commissioner of income tax was of the view that the royalty paid for acquiring .....
Tag this Judgment!Court : Chennai
Decided on : Dec-23-2003
Reported in : [2005]144TAXMAN728(Mad)
..... a right for reproduction of film songs for a specific period is royalty and allowable as revenue expenditure and not a capital expenditure, which attracts the provisions of section 35a of the income tax act.2. the assessee is an individual engaged in the production of audio cassettes with popular film songs. he carries on the business of manufacturing pre-recorded cassettes ..... income. his claim was accepted on 29-9-1996 for the assessment year 1985-86. for the assessment year 1984-85 also, the assessment was made under section 143(3) of the income tax act on 19-3-1987 accepting the deduction of such expenditure. later on, the commissioner of income tax was of the view that the royalty paid for acquiring .....
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