Court : Chennai
Decided on : Oct-10-2003
Reported in : (2004)1MLJ311
..... `the explanation given by the state government for not furnishing the full court fee on the first date of filing the appeal is far from satisfactory', have rejected the section 5 limitation act petition and also the memo. of appeal filed by the state government.7. on such arguments, the learned counsel for the petitioners would pray to allow both the ..... the appeal papers and that the court below, as per its order dated 22.11.2000, has allowed both the said petitions, the first petition filed under section 5 of the limitation act remarking that the delay of three days caused in preferring the appeal was neither wilful nor wanton nor even deliberate and though the delay of three days has ..... known that since there was delay in preferring the appeal, the respondent herein has filed two petitions, the first one in c.m.p. no. 448 of 2000 under section 5 of the limitation act praying to condone the delay of three days in preferring the appeal and the second petition in c.m.p. no. 449 of 2000 under .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-2003
Reported in : I(2004)BC492; (2003)3MLJ566
..... . the learned counsel for the revision petitioner has relied upon : air1995sc1440 in support of his contention that it is always open to the plaintiff to invoke section 44 of evidence act to set aside the earlier decree even if it is a contested one. : air1995sc1440 refers to the suit filed by the minor plaintiff represented by the ..... where is the question of fraud, that too, actual positive fraud played against the revision petitioner absolutely there could be none. 24. what is contemplated under section 44 of indian evidence act is 'actual positive fraud'. in this regard, we may usefully refer to the following passage in sarkar's law of evidence, 14th edition page no. 763 ..... respondent has filed the counter statement referring to the filing of similar application in i.a. no. 110/1987 in o.s. no. 352/1986 under section 73 of indian evidence act. i.a. no. 110/1987 was dismissed. against which, the revision petitioner had not preferred any appeal or revision before the high court and the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-2003
Reported in : (2004)1MLJ9
..... , organisations/bodies of such interested groups, representing the above mentioned sectors are also required.4.8. a reading of regulations 5 and 6, into section 37 of the act, makes it clear that the procedure of constituting advisory committee, selection of the members, and the report of the same shall be transparent, otherwise, ..... 21 members (not including ex-officio members) with a view to reflect a balance of various interest groups in state energy sector as outlined in section 24(2) of the act. preference is to be given to the representatives with a significant understanding of the power sector and contribution from the following sectors, viz. commerce ..... to mr. k. chandru, learned senior counsel appearing for the petitioner, the appointment of the second respondent is contrary to section 37 of the electricity regulatory commissions act (hereinafter referred to as the 'act') for want of transparency in the impugned appointment and is also in violation to regulation 5 and 6 of the state .....
Tag this Judgment!Court : Chennai
Decided on : Oct-08-2003
Reported in : 2004(164)ELT18(Mad)
..... the matter in view of the circular dated 17.12.2002. but, still the commissioner (appeals) is vested with the appellate jurisdiction as per section 128 of the act, in view of section 2(8) of the act, whereunder the commissioner of customs, except for the purpose of chapter xv, includes an additional commissioner of customs. therefore, in my considered opinion ..... the simple reason that the original order dated 17.4.2002 was passed by the commissioner of customs, but not by the commissioner (appeals) as per section 128 of the act. 13.7. the definition of de novo enquiry that the entire trial should be held for second time or the new hearing or the hearing of the ..... by the petitioner are covered by para 5.3 of the exim policy and they are liable to be confiscated under section 111(d) of the customs act r/w section 3(3) of the foreign trade (development & regulation) act, 1992, as the petitioner/importer do not possess any valid license for importing the impugned goods, even assuming their claim .....
Tag this Judgment!Court : Chennai
Decided on : Oct-07-2003
Reported in : 2004CriLJ1853
..... the said cheques to the third party concerned and sent the same for encashment; that the de facto complainant issued notice under section 138 of the negotiable instruments act, threatening the petitioners for imprisonment and though the de facto complainant knew that those cheques were without consideration and in spite of having ..... hinduja and another reported in (2003) iv slt 335 the honourable apex court, considering the point that `whether the high court can exercise its inherent powers under section 482 of the code of criminal procedure in a matter where the investigation is pending', following the earlier decisions reported in (emperor vs. nazir ahmad), (2 ..... coimbatore appears to have filed a complaint against the petitioners in both the above crl. o. ps. for the alleged commission of offences punishable under sections 420 and 120b of the indian penal code, alleging cheating by way of dishonour of cheques, criminal breach of trust, criminal misappropriation, cheating and fraud .....
Tag this Judgment!Court : Chennai
Decided on : Sep-30-2003
Reported in : 2003(4)CTC385; (2003)3MLJ672
..... . however, in our view, the commission could have avoided the expressions 'subsidy' and 'cross subsidy' while prescribing the tariff inasmuch as sub-section (5) of section 29 of act 14 of 1998 refers to the grant of subsidy only by the state government. therefore, there is no scope for cross subsidization. as rightly pointed ..... the legal proceedings unless different intention appears in the repealed act. sub-section (5) to section 185 of the new act says that the application of section 6 of the general clauses act shall be subject to the provision of sub-section (2) to section 185 of the new act. ultimately, learned additional advocate general fairly submits that in ..... in west bengal electricity regulatory commission v. c.e.s.c. limited : air2002sc3588 . (2) the tariff order is beyond the power and scope of section 29 of the act and is, therefore, illegal. (3) tnerc has exceeded its authority in making excessive cross subsidy. the learned senior counsel, while elaborating these submissions, .....
Tag this Judgment!Court : Chennai
Decided on : Sep-30-2003
Reported in : (2003)3MLJ703
..... be exercised with utmost care and caution, as it may be likely to ruin the reputation of the party against whom the power is exercised. as the court must act with the utmost circumspection before issuing an order of attachment, the affidavit filed by the applicant should clearly establish that the defendant, with intent to obstruct or delay the ..... is granted, it casts an obligation on the party against whom it is made, even before he is heard in defence to the suit and that the court has to act with utmost circumspection and with maximum care and caution before issuing such an order.8. in palglhar rolling mills pvt. ltd. v. visvesvaraya i. & s. ltd. : air1985kant282 , ..... and intends to invalidate the order of attachment before judgment of the defendant's property indiscriminately without notice. consequent to the recommendation of the law commission by s.85 of act 104 of 1976, order 38 rule 5 (4) c.p.c. was inserted with effect from 01.02.1977. the statement of objects and reasons for the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-30-2003
Reported in : 2004CriLJ1649
..... .8. there is no denying of the fact on the part of the petitioner that he falls under both these sections. but, his contention is that the provision of law under section 249 of the same act has not been complied with by the respondent/municipality regarding the notification to be published in the district gazette regarding the ..... the court below in s.t.c.no.219 of 2003 as against the petitioner for the offences punishable under sections 262 and 313 of the tamil nadu district municipalities act, 1920 (hereinafter referred to as the `act') and when the same is pending trial, the petitioner has come forward to file the above criminal original petition.3 ..... 10.2002. the petitioner would further submit that the term `private market' is not defined in the act and hence the prosecution is not warranted; that to attract the provisions of sections 262 and 313 of the tamilnadu municipalities act, the prosecution must have a clear case against the petitioner; that there is no proof or material placed .....
Tag this Judgment!Court : Chennai
Decided on : Sep-30-2003
Reported in : 2004(163)ELT164(Mad)
..... tariff.' 3. it is the contention of the petitioner that the aforesaid circular is beyond the power of the board and it is not contemplated under section 37b of the excise act and is also in violation of the provisions contained in article 14, 19(1)(g) and 265 of the constitution of india. it has been further ..... that such item should come within chapter 59.03. 8. it is well settled that by issuing circular under section 37b of the excise act, the board cannot shut down the quasi-judicial power of the authorities under the excise act and the tariff act. (see 1969 sc 48 (orient paper mills ltd. v. union of india), : [1994]210itr129(sc) ..... and customs, as ultra vires on the ground that such circular violates the provisions contained in section 37b of the central excise act (hereinafter called as 'the excise act'), note 2 of chapter 59 of the central excise tariff act (hereinafter called as 'the tariff act') and article 14, 19 and 265 of the constitution of india.2. the petitioner manufactures .....
Tag this Judgment!Court : Chennai
Decided on : Sep-29-2003
Reported in : 2004(2)CTC406; (2004)1MLJ194
..... . the contention of the learned counsel for the petitioner at this stage is that the publication in the district gazette is not contemplated under section 4(1) of the act. section 4(1) of the central act is to the following effect: (a) for the expression 'whenever it appears to the appropriate government', the expression 'subject to the provisions ..... in view the decisions of this court as well as the supreme court, i think it fit and proper to quash the declaration under section 6 and the notification under section 4(1) of the act and accordingly the same are quashed. it is, however, made clear that if there is a requirement for acquisition of the land, it ..... petitioner is therefore accepted. 12. learned counsel for the petitioner has also raised serious contention regarding the manner of notice relating to section 4(1) as well as section 5-a of the land acquisition act. it is his contention that apart from publishing the 4(1) notification in the gazette, in the newspaper and in the locality .....
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