Court : Chennai
Decided on : May-14-2003
Reported in : (2003)2MLJ735
..... benefit of compensation, the burden is on the owner of the land to show that the acquired land was under cultivation on the date of notification issued under section 4(1) of the act. 19. the next question is what is the reasonable compensation to be fixed. this court in the decision reported in (the sub collector, dindigul v. lakshmi ammal) ..... (1) the sale must be a genuine transaction, (2) that the sale deed must have been executed at the time proximate to the date of issue of notification under section 4 of the act, (3) that the land covered by the sale must be in the vicinity of the acquired land, (4) that the land covered by the sales must be similar ..... land at which a willing purchaser would pay for the acquired land if it had been sold in the open market at the time of issue of notification under section 4 of the act. however, comparable sales method of valuation of land for fixing the market value of the acquired land is not always conclusive. there are certain factors, which are .....
Tag this Judgment!Court : Chennai
Decided on : May-13-2003
Reported in : (2003)IIILLJ570Mad; (2003)2MLJ633
..... by the central board or the executive committee from time to time. service rules were also framed by the central board in exercise of the powers conferred under section 143(1) of sbi act. rule 17 provides that the promotion to all grades shall be made in accordance with the policy laid down by the central government. 15. it is further contended ..... administrative control over the staff of the state bank of india, it has certain amount of control over the highest functionaries of the state bank, and under section 19 of the state bank of india act 1955, the reserve bank of india has a major role to play. the chairman, vice-chairman and two of the managing directors and the central board .....
Tag this Judgment!Court : Chennai
Decided on : May-06-2003
Reported in : 2003CriLJ4167
..... not initiated any action against them; that the type of business in marketing the product would not attract the penal provisions of either section 420 or that of the provisions of prize chits and money circulation schemes (banning) act, 1978 etc., that the legal experts have given opinions justifying the conduct of business by the petitioner-company nor do the actions of ..... petitioner who is accused of having committed an offence punishable under section 420, ipc read with sections 4, 5 and 6 of the prize chits and money circulation schemes (banning) act, 1978 and under section 15 of indian medical council act read with sections 3 and 4 of the drugs and magic remedies (objectionable advertisement) act, 1954 as per the case registered by the respondent in their .....
Tag this Judgment!Court : Chennai
Decided on : Apr-30-2003
Reported in : 2003(156)ELT632(Mad); [2003]47SCL192(Mad)
..... issue notice or summon.11. on this aspect, the first contention raised by the learned senior counsel is to the effect that notice under section 108 of the customs act, as the section itself envisages, can be issued by any gazetted officer of customs and the second respondent, who is the senior intelligence officer in the office ..... appointment of all officers of directorate of revenue intelligence as officers of customs. such notification has been issued in exercise of the power conferred under section 4(1) of the customs act. therefore, there cannot be any doubt that the senior intelligence officer of the directorate of revenue intelligence is also a gazetted officer of customs. ..... , but the only dispute is whether the senior intelligence officer of the dri has been notified to be an officer of customs as envisaged under section 4(1) of the customs act. in such view of the matter, the first contention raised by the learned counsels appearing for the petitioner in all the cases must fail.14 .....
Tag this Judgment!Court : Chennai
Decided on : Apr-30-2003
Reported in : 2003(88)ECC679
..... issue notice or summon. 11. on this aspect, the first contention raised by the learned senior counsel is to the effect that notice under section 108 of the customs act, as the section itself envisages, can be issued by any gazetted officer of customs and the second respondent, who is the senior intelligence officer in the office of ..... appointment of all officers of directorate of revenue intelligence as officers of customs. such notification has been issued in exercise of the power conferred under section 4(1) of the customs act. therefore, there cannot be any doubt that the senior intelligence officer of the directorate of revenue intelligence is also a gazetted officer of customs. ..... , but the only dispute is whether the senior intelligence officer of the dri has been notified to be an officer of customs as envisaged under section 4(1) of the customs act. in such view of the matter, the first contention raised by the learned counsels appearing for the petitioner in all the cases must fail. .....
Tag this Judgment!Court : Chennai
Decided on : Apr-30-2003
Reported in : (2003)2MLJ372
..... the side of the landlady.22. in the above back ground, it is idle to contend that the demised premise was not a building within the meaning of section 2(2) of the act.23. it is also a settled proposition of law that it is within the discretion of the landlord, to utilise the premises to the best of his advantage ..... , the further finding by the appellate authority that the existence of two walls alone will not make it a building, is inconsistent with the definition of 'building' under section 2(2) of the act. building is defined as any building or hut or a part of a building or hut, let or to be let separately for the residential or non-residential ..... that the claim of the landlady was not bona fide. such a finding of fact did not warrant any interference in a revision under section 25 of the act. 9. learned senior counsel also fairly contended that though it is open to the respondent to sustain the order of the appellate authority even on the grounds found against him, .....
Tag this Judgment!Court : Chennai
Decided on : Apr-30-2003
Reported in : 2003(3)CTC513
..... whole matter, formed an opinion that it was a fit case in which sanction should be granted and because it itself could not grant sanction under section 6 of the act, it directed the secretary to sanction the prosecution so that the sanction order may be treated to be an order passed by the secretary and not that ..... the supreme court, a prime contention was raised regarding the sustainability of the conviction for want of sanction for prosecution under section 6 of the prevention of corruption act. government had contested the said plea pointing out that there was in fact a sanction granted by it to prosecute the appellant therein, but the ..... law. in the said case, an officer in the medium irrigation project of gujarat state was prosecuted for the offences under section 161 indian penal code read with section 5(2) of the prevention of corruption act, 1947 and was convicted by the special judge. the said conviction was sustained in the high court. in the appeal before .....
Tag this Judgment!Court : Chennai
Decided on : Apr-30-2003
Reported in : (2004)186CTR(Mad)286
..... , j.1. in w.p. no. 45311 of 2002, the petitioner- seeks a writ of mandamus to direct the first respondent to lift the provisional attachment made under section 281b of the it act only to the extent of 45 per cent of the undivided land of the petitioner at no. 1, crescent park street, t. nagar, chennai 600017, in lieu of the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-30-2003
Reported in : 2003(27)PTC47(Mad)
..... the injunction sought for by the applicant is granted, it would tantamount to restraining the registrar of trademarks from performing his statutory duties imposed by section 44 of the act; that since the validity of the assignment on 15.5.2002 is the subject-matter in the main o.p., pending the main question regarding ..... consideration of rs. 5.00 lacs, and subsequently, the second respondent has applied in the prescribed manner for the trademark being registered under section 44 of the trade and merchandise act, 1958 read with rules 71 to 78 thereunder. while so, the applicant has brought forth the instant application seeking for interim injunction restraining ..... as the application; that the interim injunction sought for is tantamount to restraining the registrar of trademarks from performing his statutory duties imposed by section 44 of the trade and merchandise act, 1958; that the applicant cannot seek a relief in the nature of final relief by way of ad-interim order; that the applicant .....
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, .....
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