Court : Chennai
Decided on : Jan-22-2003
Reported in : (2003)IILLJ318Mad
..... representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the factories act, 1948 (63 of 1948), the person so named; and (ii) in relation to any other establishment, the person who, or the authority which ..... legislation to provide benefits to the employees as per the scheme. they need mandatory complaince and any violation thereof provides for penal action.7.2. section 2(e) of the act defines 'employer' as follows.section 2: in this act, unless the context otherwise requires,(a) ... (b) ... (c) ... (d) ... (e) 'employer' means - (i) in relation to an ..... to the above contentions raised, mr. murali kumaran, learned counsel appearing for the first respondent partnership firm (a1) submits that when the proviso to section 14a of the act refers to the knowledge of the commission of offence and the due diligence to be exercised to prevent the commission of such offence, the first respondent .....
Tag this Judgment!Court : Chennai
Decided on : Jan-14-2003
Reported in : 2004ACJ323; 2003(1)CTC389; (2003)1MLJ482
..... that when an insurer is impleaded and has been given notice of the case, he is entitled to defend the action on grounds enumerated in the sub-section, namely, sub-section (2) of section 149 of 1988 act, and no other ground is available to him. the insurer is not allowed to contest the claim of the injured or heirs of the deceased on ..... other ground which is available to an insured or breach of any other conditions of the policy which do not find place in sub-section (2) of section 149 of 1988 act. if an insurer is permitted to contest the claim on other grounds it would mean adding more grounds of contest to the insurer than what the statute ..... reasons, we are of the view that the statutory defences which are available to the insurer to contest a claim are confined to what are provided in sub-section (2) of section 149 of 1988 act and not more and for that reason if an insurer is to file an appeal, the challenge in the appeal would confine to only those grounds.' 6 .....
Tag this Judgment!Court : Chennai
Decided on : Jan-14-2003
Reported in : II(2003)ACC80
..... that when an insurer is impleaded and has been given notice of the case, he is entitled to defend the action on grounds enumerated in the sub-section, namely, sub-section (2) of section 149 of 1988 act, and no other ground is available to him. the insurer is not allowed to contest the claim of the injured or heirs of the deceased on ..... other ground which is available to an insured or breach of any other conditions of the policy which do not find place in sub-section (2) of section 149 of 1988 act. if an insurer is permitted to contest the claim on other grounds it would mean adding more grounds of contest to the insurer than what the statute ..... reasons, we are of the view that the statutory defences which are available to the insurer to contest a claim are confined to what are provided in sub-section (2) of section 149 of 1988 act and not more and for that reason if an insurer is to file an appeal, the challenge in the appeal would confine to only those grounds.6 .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-2003
Reported in : 2003(1)CTC259; I(2003)DMC668; (2003)2MLJ148
..... to be judged not from a solitary incident, but on an overall consideration of all relevant circumstances. ' 19. clause (i-a) of sub-section (1) of section 13 of the act is comprehensive enough to include cases of physical as also mental cruelty. it was formerly thought that actual physical harm or reasonable apprehension of it was ..... parties, their status, environment and social values, as also the customs and traditions governing them. 17. this court, construing the question of mental cruelty under section 13(1)(i-a) of the act, in the case of g.v.n. kameswara rao vs. g. jabilli observed: (scc pp.303-304, para 12). '12. the court has ..... mehta vs. inderjit mehta reported in : which supports the stand taken by the husband. their lordships after referring 'treating the petitioner with cruelty' in section 13(1)(i-a) of the act have concluded, '14. ........ under the statutory provision, cruelty includes both physical and mental cruelty. the legal conception of cruelty and the kind of degree .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-2003
Reported in : AIR2004Mad43; (2003)1MLJ669
..... necessary, by a charge on the immovable property of the respondent. ' 42. this court in the case rajagopalan v. kamalammal : has held that under section 25 of the hindu marriage act, permanent alimony can be granted even to an erring spouse. therefore, even though the decree of divorce is granted on the ground of desertion by the ..... bound to cause him both mental and physical torture which, would be covered by the expression 'cruelty' as used in connection with matrimonial matters covered by section 13(1)(i-a) of the act. ' learned counsel also referred to the judgment of the supreme court in romesh chander v. savitri : wherein the supreme court held that, ' marriage ..... ., that was due to cruelty of the husband for the reasons already stated is not acceptable; therefore, the act of leaving the matrimonial home by the wife is not justifiable under section 13(1) of the hindu marriage act. even thereafter, the husband filed a petition for restitution of conjugal rights, as early as 5.9.1988 .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-2003
Reported in : AIR2003Mad354
..... learned counsel for the petitioner and learned counsel for the first respondent. 6. after taking me through the definition of 'cruelty' in section 11 of the prevention of cruelty to animals act, 1960 and rules thereunder and also the impugned letter of the first respondent, learned counsel for the petitioner contended that the respondents have ..... after receiving the above said adverse report from blue cross of india, chennai, the first respondent by drawing the attention to the prevention of cruelty to animals act, 1960 and rules made thereunder and the provisions of performing animals (registration) rules 2001, addressed the impugned letter to the petitioner, conveying their inability to ..... have no power or authority to go into the conditions of the animals, in the light of the statutory provisions viz., prevention of cruelty to animals act, 1960 and the rules thereunder, it cannot be disputed that it is mandatory on the circus company like the petitioner to obtain a certificate of .....
Tag this Judgment!Court : Chennai
Decided on : Jan-09-2003
Reported in : [2003(97)FLR655]; (2003)IILLJ469Mad
..... the termination has reached finality.17. the lic of india (employees) pension rules, 1995, was framed by the central government in exercise of powers conferred by section 48 of the lic of india act, 1956, and the rules are called the lic of india (employees) pension rules, 1995. the rule was notified on 28.6.95 and deemed to ..... 1960 and rule 14 of the life insurance corporation of india class iii and class iv employees (revision of terms and conditions of service) rules, 1985 made under the act; (ii) voluntary retirement in accordance with the provisions contained in rule 31 of these rules.' 19. chapter ii provides for the applicability and eligibility of pension rules. rule ..... central government while giving its approval or that it is devoid of rational consideration and is wholly whimsical. in fixing the cut-off date the respondents had not acted mala fide with a view to deprive those who had retired on or before december 31, 1985 of the benefit of the pension scheme but for reasons stated .....
Tag this Judgment!Court : Chennai
Decided on : Jan-06-2003
Reported in : AIR2003Mad241
..... trust property and consequential reliefs. plaintiffs neither members nor persons having interest in trust, have no locus standi to institute suit and order granting leave to institute suit under section 92 is not proper.17. it has been held in mahant harnam singh v. gurdial singh, r.m. narayana chettiar v. n. lakshmanan chettiar that 'mere ..... organization involved in charitable and developmental activities on rent and not to the 7th defendant. this cannot constitute a ground to allege mismanagement and institute the suit under section 92. c. p. c. it is a personal grievance and nothing more. the actions are bona fide and it is transparent. the court is the guardian ..... and successors to be the executors and trustees of the will along with others. a committee of syndics should be nominated and appointed actually who are to act jointly with the bishop or vicar general for managing and conducting the affairs. the plaintiffs have been able to identify two properties-benz garden and de monte .....
Tag this Judgment!Court : Chennai
Decided on : Jan-03-2003
Reported in : AIR2003Mad192; II(2003)BC336; (2003)1MLJ586
..... the lower appellate court was right in declining to award interest to the appellant at the rate claimed by it in view of the provisions of the sale of goods act and section 34, c.p.c.?'10. elaborating the above substantial question of law on the strength of the decision reported in 1988 (1) l.w. 461 (rashi leathers (p ..... the appellant does not lay down any principle with reference to the point in issue. the said decision was given while the company petition for winding up under section 433 of the companies act, was disposed of and the said decision would not be of any use to the appellant. 15. on a perusal of the judgment of the supreme court ..... the agreement by disallowing the interest or by allowing interest at a rate other than agreed by the parties. such agreement may be express or implied. 21. section 80 of the negotiable instruments act, 1881 enacts that where no rate of interest is specified in a negotiable instrument, the court shall award interest at the rate of 6% per annum .....
Tag this Judgment!Court : Chennai
Decided on : Jan-03-2003
Reported in : [2003(97)FLR647]; (2003)IILLJ615Mad
..... the scheme which was binding on them, the scheme being part of the settlement which had been entered into bilaterally did amount to breach of the requirements of section 23 of the act, more particularly, sub clause (c) which resulted in the management having the right to regard the lock-out declared by it as legal and justified by ..... an illegal strike. 5. it must also be noticed here that subsequent to the order of the tribunal, the parties entered into a settlement under section 18(1) of the industrial disputes act which inter alia provided for the payment of 75% of the wages for this lock-out period leaving it open to the management to contest the ..... of the industry goes on unhampered and that the levels of production are not brought down by reason of the disputes for resolving which provision is made in the act by way of settlement by way of mutual negotiations, through conciliation, as also the resolution of disputes through the machinery of arbitration and ultimately by adjudication. the .....
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