Court : Chennai
Decided on : Aug-06-2003
Reported in : (2003)3MLJ223
..... carried into effect after his death'.17. thus, as the will involves no transfer and it is only a declaration of the intention of a testator, sec. 11 of transfer of property act will not come into picture because of the fact that the said provision will be applicable only in a case of transfer of property. we have already ..... contended that the above recitals are only repugnant as it contravenes earlier recitals in and by which vesting of interest was already created. in both the cases, sec. 11 of transfer of property act was dealt with. if is as follows:'restriction repugnant to interest createdwhere, on a transfer of property, an interest therein is created absolutely in favour of any ..... that in the event of construing ex.a. 2 as a sale, sec. 11 will never come for application. what was mentioned in the case law is as follows:'the transfer of property act does not relate to wills, and transfer is defined in the oudh estates act as an alienation inter vivos. a will on the other hand is not .....
Tag this Judgment!Court : Chennai
Decided on : Aug-05-2003
Reported in : II(2004)ACC184; 2005ACJ1218; (2003)3MLJ460
..... :-'22. ...... on the other hand proviso (ii) appended to section 95 of the 1939 act, enjoined a statutory liability upon the owner of the vehicle to take out an insurance policy to cover the liability in respect of a person who was travelling ..... insurance company v. asha rani and others, reported in 2003 (2) scc 223. in the said decision the larger bench of the supreme court laid down that section 147 of the 1988 act, do not provide by compulsory coverage for the death or bodily injury to any passenger or owner of goods being carried on in a goods vehicle, held thus ..... pay compensation for such person even when they were travelling in a goods vehicle. this is in view of 1994 amendment in sub-clause (i) of section 147(1)(b) of the new act in which the following words were brought in:'injury to any person, including owner of the goods or his authorised representative carried in a vehicle.'8. thus .....
Tag this Judgment!Court : Chennai
Decided on : Aug-05-2003
Reported in : II(2004)ACC167; 2005ACJ913; (2003)3MLJ276
..... in 2003 (2) scc 223, the supreme court after following mallawwa's case, held thus :-'22. ...... on the other hand proviso (ii) appended to section 95 of the 1939 act, enjoined a statutory liability upon the owner of the vehicle to take out an insurance policy to cover the liability in respect of a person who was travelling ..... in mallawwa v. oriental insurance co. ltd., in this case must be considered keeping that aspect in view. section 2(35) of the 1988 act does not include passengers in goods carriage whereas section 2 (25) of the 1939 act did as even passengers could be carried in a goods vehicle. the difference in the definitions of 'goods vehicle' ..... or adapted for use 'solely for the carriage of goods'. carrying of passengers in a 'goods carriage', thus, is not contemplated under the 1988 act.24. we have further noticed that section 147 of the 1988 act prescribing the requirements of an insurance policy does not contain a provision similar to clause (ii) of the proviso appended to .....
Tag this Judgment!Court : Chennai
Decided on : Aug-01-2003
Reported in : II(2004)ACC171; 2005ACJ1103; (2003)IIILLJ1009Mad; (2003)3MLJ266
..... directed to pay the said compensation. admittedly, the deceased was an employee under the first opposite party - third respondent herein. we are concerned with the provisions of workmen's compensation act. as per the definition of an employer, the first opposite party - third respondent herein alone is liable to pay the compensation in respect of the injuries suffered / sustained by his ..... of the first opposite party procured with the lorry belonging to the second opposite party, in the light of the above discussion and the provisions of the workmen's compensation act, we cannot direct the second opposite party to pay the said amount. accordingly, we hold that the first opposite party - third respondent herein, namely the employer alone is liable to .....
Tag this Judgment!Court : Chennai
Decided on : Aug-01-2003
Reported in : (2003)IIILLJ960Mad; (2003)3MLJ271
..... 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) of the act. section 2(n)(ii) of the act reads as under:(i).......(ia).........(ii) employed in any such capacity as is specified in schedule ii.schedule ii prescribes list of ..... 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 ..... order. questioning the said order, the respondents therein namely, the divisional engineer and the assistant engineer (nh), perambalur, have preferred the present appeal under section 30 of the act.4. learned special government pleader, after taking us through the order of the deputy commissioner, would contend that inasmuch as the deceased was a road inspector .....
Tag this Judgment!Court : Chennai
Decided on : Jul-31-2003
Reported in : 2004(1)CTC117
..... 30. the counsel for the plaintiffs submitted that the plaintiffs have a charge over the suit property for the amount they have already paid, as per section 40 of the act. the learned counsel for the 7th defendant submitted that since the 7th defendant has performed part of the terms of contract, he is entitled to protection under ..... has been executed by defendants-1 to 6 in favour of defendant no. 7. the 7th defendant is having only a registered agreement for sale. as per section 54 of the transfer of property act, an agreement for sale does not transfer any right in the property. therefore, title of the suit property is only with defendant nos. 1 to 6. ..... . if at all, only respondent nos. 1 to 6 can resist this application. respondent no. 7 has no right to resist this application.16. according to section 54 of the transfer of property act, sale is the transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. such a transfer, in the case of .....
Tag this Judgment!Court : Chennai
Decided on : Jul-31-2003
Reported in : (2003)IIILLJ1127Mad
..... ravindran, the learned counsel appearing for the petitioner assailed the order of the first respondent as beyond the jurisdiction vested in it under section 33(2)(b) of the industrial disputes act. he further contended that the tribunal erred in coming to the conclusion that the enquiry was not fair and proper when the second ..... dated april 7, 1995, as modified by the order, dated april 28, 1995, whereby the approval application filed by the petitioner under section 33(2)(b) of the industrial disputes act seeking for approval of the orders of dismissal of the second respondent was rejected on the grounds that the domestic inquiry conducted by the ..... the finding arrived at by the tribunal fancifully on the material, which if allowed to remain would cause irreparable damage to the proceedings under the industrial disputes act. on merits, the incident of scuffle is supported by evidence on records. here again the court is not oblivious that this court cannot reappreciate the evidence. .....
Tag this Judgment!Court : Chennai
Decided on : Jul-23-2003
Reported in : AIR2004Mad57; (2003)3MLJ229
..... any specific event, which does not depend on the will of the donor, a gift shall be suspended or revoked. 'transfer' has been defined under section 5 of the act as an act by which a property has been conveyed. transfer as a verb would mean to convey or to move from one place or person to another by himself ..... of the property from one person to another. the expression 'settlement' means settling the property, right or claim. a 'will' has been defined under section 2(h) of the indian succession act, 1925 as the legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his death ..... out the requirement of a settlement and a will, we have to look into the definition of 'gift' under the transfer of property act, 1882. a 'gift' has been defined under section 122 of the act as the transfer of certain existing movable or immovable property made voluntarily and without consideration and accepted on behalf of the donee. a transfer .....
Tag this Judgment!Court : Chennai
Decided on : Jul-23-2003
Reported in : (2003)IIILLJ1132Mad; (2003)3MLJ261
..... under:-'the dispute which plaintiffs raised being one connected with the seniority, there cannot be any doubt that the same is an industrial dispute under section 2(k) of the industrial disputes act, 1947. it has been further held as under:- 'the dispute raised by plaintiffs in the suit relates to the enforcement of rights created under ..... with regard to the dispute between the workmen and the management under section 2-a and 2(k) of the act. the learned principal district munsif has held that the civil court has got jurisdiction to conduct an enquiry into the matter and to ..... second petitioner/second plaintiff.2. the petitioners/defendants filed i.a. no. 720 of 2002 wherein they had contended that under section 2(k) of the industrial disputes act (hereinafter referred to as 'the act'), plaintiff can approach only the labour court or the industrial tribunal, and the civil court has no jurisdiction to entertain any suit .....
Tag this Judgment!Court : Chennai
Decided on : Jul-18-2003
Reported in : AIR2003Mad422
..... jurisdiction to order the arrest of the vessel in respect of a cause of action relating to outward cargo because section 6 of the admiralty court act, 1861 (read with the colonial courts of admiralty act, 1890) conferring admiralty jurisdiction on indian high courts confined it to 'claims for damage to cargo imported', this ..... cause of action concerning carriage of goods from an indian port to a foreign port. the supreme court held that by virtue of the states reorganization act, 1956, the andhra pradesh high court had, over the port of vishakappattinam, the same jurisdiction that was vested in the madras high court. the ..... contains various provisions to enforce territorial jurisdiction, the act being essentially regulatory in character, the various authorities, tribunals and courts entrusted with the administration and enforcement of its provisions are specifically stated. the high court is defined under section 3(15) as follows : '3(15). 'high court', in relation to a vessel, means .....
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