Court : Chennai
Decided on : Jul-17-2003
Reported in : (2003)3MLJ141
..... the prior agreement of sale, he cannot be said to be a free owner of the property. according to the division bench, the plain language of sub-section (2) of section 27 of the act shows that the subsequent transferee can retain the benefit of his transfer by purchase which, prima facie, he had a right to get only after satisfying the ..... filing a suit for specific performance and the suit filed was well within the time from ex.a.4 notice dated 1.12.1979 and in terms of section 18 of the limitation act. the learned counsel therefore submits that the decree as prayed for has to be granted in this case. 4. learned counsel appearing on behalf of the ..... to recover the mortgage amount. the alleged settlement ex.b.6 was gratuitous and has not been proved as no attestor had been examined as required under section 68 of the indian evidence act. 18. the learned sub judge did not consider the facts that muthu mohammed purchased the suit property subject to mortgage, that he had acknowledged the receipt .....
Tag this Judgment!Court : Chennai
Decided on : Jul-17-2003
Reported in : (2004)1MLJ122
..... of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.' 15. sub section (1) of section 21 of the limitation act coupled with the proviso is specific that after the institution of the suit, if a new plaintiff or defendant is substituted or added, the suit shall, ..... been well considered and answered by both the courts below in a concurrent manner. likewise, the learned counsel would further point out that regarding limitation also, section 21 of the limitation act has been adopted by the courts below for having impleaded the second appellant herein as the third defendant to the suit and would cite the relevant passages ..... erred in holding that the suit is not barred by limitation as against 2nd appellant?2. whether both the courts below were right in invoking proviso to section 21 of the limitation act, when there are no plea on prayer in i.a. no. 600 of 1986 or in the amended plaint invoking the said proviso?3. whether both .....
Tag this Judgment!Court : Chennai
Decided on : Jul-11-2003
Reported in : 2003(27)PTC203(Mad)
..... and the invoice at page no. 17 of the respondent's typed set showed that the address given therein was the address to which stock transfer was made. therefore, section 191, ipc was not attracted since neither was the statement false nor can it be said that the applicant knew or believed it to false. it was also submitted ..... regulating service of process. the only other statutory provision was held to be that in section 148 of the companies act which is similar to section 51 of the companies act, 1956. so summons can be served either in accordance with the provisions of the companies act or the provisions of order 29 rule 2 of the code of civil procedure. the ..... applicant cannot pull out an address acted to the best of his knowledge and belief. 15. the .....
Tag this Judgment!Court : Chennai
Decided on : Jul-09-2003
Reported in : (2003)91MLJ3
..... and all her actions would be valid even during the life time of the father, who would be deemed to be 'absent' for the purpose of section 6(a) of hmg act and section 19(b) of gw act.' 16. mr. justice a. alagiriswami, j. (as his lordship then was) in mayilswami chettiar v. kaliammal : (1969)1mlj177 held that the mother ..... . harikrishna : [1974]1scr442 held that it is a condition for setting aside a disposal of immovable property made in contravention of section 28 or section 29 which is voidable under section 30 of the guardians and wards act that there must be restitution of the benefits received. the plaintiff here have elected to enjoy the benefits conferred under the sale deed ..... extending more than one year beyond the date on which the ward will cease to be a minor.' 23. a careful reading of section 29 of the guardians and wards act shows that the section applies to a guardian appointed by will or other instrument and it deals with the person appointed and declared by the court to be .....
Tag this Judgment!Court : Chennai
Decided on : Jul-09-2003
Reported in : 2003(27)PTC327(Mad)
..... manufacturing foam materials and marketing their products with the trade mark. 'batafoam'. though the allahabad high court was dealing with the case of passing off, it considered section 27 of the act also and held that the name 'bata' was well known in the market and the use of such name for foam material was likely to cause not only ..... to a device which regulates the flow, nor would it exclude a device which controls the flow of electricity in a circuit. 20. the crucial words found in section 29 of the act are 'uses in the course of a trade mark which is identical with, or deceptively similar to the trade mark, in relation to any goods in respect of ..... trade mark in relation to the goods in respect of which the trade mark is registered and when the right of the registered proprietor is violated, the act offers him protection by way of infringement. section 29 deals with infringement and it, inter alia, deals with infringement of a trade, mark by a person who is not the registered owner, if .....
Tag this Judgment!Court : Chennai
Decided on : Jul-09-2003
Reported in : (2003)3MLJ171
..... government of pondicherry granted the essentiality certificate required under the admission to medical college regulations 1999 framed by the medical council of india under section 33 of indian medical council act, 1950, to mmc for establishing a medical college with 100 seats. that essentiality certificate, inter alia, reads thus :'the madras medical ..... medical mission which is functioning at no. 4a, dr. j. jayalalitha nagar, mogappair, chennai-50 is a society registered under the societies registration act, 1975 (tamilnadu act - 27 of 1975) and as per the memorandum and rules and regulations of the society, membership of the society is restricted too members of the ..... medical sciences registered at the office of the registrar of companies, pondicherry, with registration no. 318/2001 dated 14.09.01 under the societies registration act xxi of 1860, without the express permission of the madras medical mission; (b) as the chairman of the pondicherry institute of medical sciences appointed by .....
Tag this Judgment!Court : Chennai
Decided on : Jul-04-2003
Reported in : 2003CriLJ4656; 2003(3)CTC153; 2003(89)ECC608
..... of the view that it is unnecessary for me to consider the other aspects. 8. in order to appreciate the only contention, it is useful to refer section 55 of the act, which reads thus:'section 55. police to take charge of articles seized and delivered.- an officer in-charge of a police station shall take charge of and keep in safe custody ..... r.i. for 18 months and to pay a fine of rs.100/- in default of payment of fine to undergo r.i. for one month; and under section 22 of the said act, he was sentenced to undergo r.i. for 10 years and to pay a fine of rs.1 lakh in default of payment of fine to undergo r ..... manner as provided from the evidence of p.ws.4 and 5 who are sub inspector of police and inspector of police respectively, i am satisfied that sections 50, 55 and 57 of the act are not scrupulously followed by them who effected the arrest of the accused and seizure of the contraband. in this regard, learned counsel for the appellant has .....
Tag this Judgment!Court : Chennai
Decided on : Jul-04-2003
Reported in : AIR2004Mad134; (2003)3MLJ20
..... the findings of the subordinate courts on facts are contrary to evidence on record and are perverse, such finding can be set aside by the high court in appeal under section 100 c.p.c. a high court cannot shut its eyes to perverse findings of the courts below' 23. on the basis of the dictum laid down by ..... ingredients are absent, for which i could say there is nil evidence. further, as rightly contended on behalf of the appellants, in view of the benami transactions (prohibition) act, 1988 it is not open to the contesting defendants, to plead that the sale in favour of ganapathi ammal was a benami transaction. i find no acceptable argument or answer ..... the lower appellate court, sub court, srivilliputhur, is in accordance with order 41 rule 31 c.p.c.? 2. whether after the enactment of the benami transactions (prohibition) act, 1988 is it open to the defendants to plead that the sale in favour of ganapathiammal was a benami transaction? 3. when in the absence of evidence of throwing the .....
Tag this Judgment!Court : Chennai
Decided on : Jul-01-2003
Reported in : (2004)IIILLJ422Mad
..... the minimum bonus of 8.33% in respect of respondent nos. 2 to 915 was directly in violation of the provisions of payment of bonus act. even under section 31a of the payment of bonus act , if there is any contract between the employer and the employee for payment of bonus linked with production or productivity in lieu of the ..... honourable supreme court in the judgment reported in s. krishnamurthy -vs- the presiding officer, central govt. labour court, madras and another 1986 (i) llj 133 . section 10 of the act prescribes that every employer is mandatorily bound to pay to every employee in respect of an accounting year a minimum bonus of 8.33% of the salary or wage ..... of the petitioner and proceeded to compute the relevant claim of respondent nos. 2 to 915 by the order impugned in this writ petition.3. section 2(21) of the payment of bonus act 1965 defines'salary or wage' to mean all remuneration (other than remuneration in respect of overtime work)capable of being expressed in terms of money .....
Tag this Judgment!Court : Chennai
Decided on : Jun-27-2003
Reported in : (2003)2MLJ729
..... was 75 years at that time and the learned district munsif referred to a dispute in reference to the temple pertaining to the year 1919 and also criminal proceedings under section 145 of the code of criminal procedure. ultimately, the court found as follows:'my finding on these issues, therefore, is that the plaintiff is not the poojari ..... a temple at all. 11. as rightly pointed out by the learned counsel for the respondents, temple has been defined under the tamil nadu hindu religious and charitable endowments act, 1959 as 'a place, by whatever designation known, used as a place of public religious worship and dedicated to, or for the benefit of, or used as a ..... right by the hindu community or any section thereof as a place of public religious worship'. the suit temple comes within the requirements of this definition. admittedly, the temple is under the control of the department .....
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