Court : Chennai
Decided on : Sep-26-2003
Reported in : (2004)ILLJ741Mad; (2003)3MLJ712
..... goundini, reported in 1980 (1) lln 203. thus, the contractor to whom the work has been entrusted by pwd, the executing agency is the employer. section 12 of the act provides that the principal who employes a contractor shall be liable to pay compensation to workman though he did not immediately employ, but employed through the contractor. in ..... in the accident. so the immediate employer is the sub contractor and pwd contractor is the principal employer. the expression 'employer' is defined in section 2(e) of the workmen's compensation act, 1923 and it reads thus:-'employer' includes any body of persons whether incorporated or not and any managing agent of an employer and the legal ..... to whom the work has been entrusted namely the second respondent herein is the employer of the deceased workman. the expression 'workman' has been defiend in section 2(n) of the act and there is no dispute that the deceased is a workman. 17. there is no dispute as to the quantum of compensation payable under the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-25-2003
Reported in : [2004]118CompCas306(Mad); (2004)1CompLJ180(Mad); (2004)ILLJ338Mad; (2003)3MLJ718; [2004]54SCL345(Mad)
..... the operating agency being allowed to do so. it was submitted that the powers of the appellate authority are limited by the words used in the section which confers the appellate power viz., section 25(2) of the act.14. section 25 of the act reads as under:-'25. appeal--(1) any person aggrieved by an order of the board made under this ..... act may, within forty-five days from the date on which a copy of the order is issued to him, prefer an appeal to the appellate authority. ..... such further inquiry as it deems fit, confirm, modify or set aside the order appealed against or remand the matter to the board for fresh consideration.' 15. sub-section (2) of section 25 sets out that the appellate authority, after giving an opportunity to the appellant to be heard and after making such further enquiry as it may deem fit, .....
Tag this Judgment!Court : Chennai
Decided on : Sep-24-2003
Reported in : (2003)3MLJ657
..... safeguard to protect the interest of the teacher. the apex court has considered the scope of section 22 of the act as well as rule 17 of the tamil nadu recognised private schools (regulation) rules, 1974 in the recent pronouncement in secretary, school committee, thiruvalluvar higher ..... has to consider whether the punishment as proposed is a proper one; otherwise there is no need for seeking its approval. the crucial words used in sub-section (2) of section 22 are 'adequate and reasonable grounds' for the proposal. the proposal relates to dismissal, removal or reduction in rank or otherwise termination of appointment of any ..... show cause notice regarding the punishment to be awarded and it is not a valid approval as per section 22 of the tamil nadu recognised private schools (regulation) act, 1973. as per the terms of section 22(1) of the act, prior approval for effecting termination of the teacher is necessary and it is intended to be a .....
Tag this Judgment!Court : Chennai
Decided on : Sep-19-2003
Reported in : (2004)ILLJ290Mad
..... seen from the counter affidavit, it is seen that the second respondent bank is a nationalised bank and its clerical staff are workmen within the meaning of section 2(s) of the industrial disputes act. a clerical staff on promotion will become jmg scale i. from jmg scale i the advancement of officers goes up mmg ii, mmg iii, cm iv., agm .....
Tag this Judgment!Court : Chennai
Decided on : Sep-18-2003
Reported in : 2003(4)CTC330; (2003)3MLJ492
..... considered by a full bench of this court in venkata sastri and sons v. rahilna bi : (1962)1mlj78 and this court held as under:-'after the amendment of section 3 by act xxvii of 1926, a person can be said to have validly attested an instrument, if he has actually seen the executant sign, and in a case where he had ..... the will, however, the onus is still on the propounder of the will. in sushila devi v. krishna kumar : air1971sc2236 the supreme court held that under section 63 of the indian succession act, the mode of proving a will does not ordinarily differ from that of proving any other document and yet, the onus is still on the propounder and in ..... case, after referring to the meaning of the expression, 'attested' and its earlier decision in venkata sastri's case, referred to section 63 of the indian succession act and laid down the requirements of section 63 of the indian succession act as under:-'(a) the testator shall sign or shall affix his mark to the will, or it shall be signed by some .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Decided on : Sep-17-2003
Reported in : (2005)62SCL89NULL
..... is 1992-93. this appeal is filed against the order of the cit(a)-iii, madras dated 19th august, 1996 and arises out of the assessment completed under section 143(3) of the it act, 1961.2. the assessee in this case is a registered firm carrying on the business of stock brokers. the assessee-firm also derived income from lease rentals and ..... ,64,416 for the impugned assessment year 1992-93. on filing of the return of income, the assessee-firm was requisitioned to get its accounts audited under section 142(2a) of the income-tax act. the requisition was complied with and a special audit report was submitted.the assessment was completed on the basis of various observations made in the special audit .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Decided on : Sep-17-2003
Reported in : (2005)94TTJ(Chennai)184
..... . 31,64,416 for the impugned asst. yr. 1992-93. on filing of the return of income, the assessee-firm was requisitioned to get its accounts audited under section 142(2a) of the it act. the requisition was complied with and a special audit report was submitted. the assessment was completed on the basis of various observations made in the special audit report ..... is 1992-93. this appeal is filed against the order of the cit(a)-iii, madras dt. 19th aug., 1996 and arises out of the assessment completed under section 143(3) of the it act, 1961.2. the assessee in this case is a registered firm carrying on the business of stock brokers. the assessee-firm also derived income from lease rentals and .....
Tag this Judgment!Court : Chennai
Decided on : Sep-16-2003
Reported in : (2003)3MLJ530
..... to prove the injuries/fractures sustained by each one of them. the owner of the vehicle remained absent. the insurer of the vehicle moved the tribunal below under section 170 of the motor vehicles act to raise and defend the claim, which leave was granted by the tribunal below on 4.12.2000 by orders passed in separate miscellaneous applications. it has ..... be just, fair and reasonable and it cannot be a bonanza. the apex court held thus:-'15. it has to be kept in view that the tribunal constituted under the act as provided in s. 168 is required to make an award determining the amount of compensation which to it appears to be just. it has to be borne in mind .....
Tag this Judgment!Court : Chennai
Decided on : Sep-12-2003
Reported in : (2003)1MLJ683
..... government reposed in the principal secretary in conferring upon him the exercise of drastic power like removal of president of a municipality under section 22 of the act.'the statutory provision that was considered by the court in that case was one which provided for the removal of the president of ..... the mmm, reads as under:-'sub: societies - tamil nadu societies registrationact 1975 - madras medical mission (regd.no. 1/1982) - supersession of committee under section 34a of tnsr act, 1975 byappointing special officer to manage the affairs of the society - show causenotice - issue of - regarding.---the madras medical mission is a registered society registered ..... send a detailed report on the above representations.2. the inspector general of registration has appointed the district registrar, chennai (central), under section 36(1) of the tnsr act 1975 as an enquiry officer in this matter. according to the findings of the enquiry officer, the following irregularities/lapses were noticed:- i .....
Tag this Judgment!Court : Chennai
Decided on : Sep-09-2003
Reported in : 2004CriLJ1623
..... .25 of 2001 registered by the respondent herein for an offence punishable under section 120a read with 420 ipc and under section 13(2) read with 13(1)(d) of the prevention of corruption act and sections 109, 420 ipc and section 13(2) read with section 13(1)(d) of the pc act having filed the above criminal miscellaneous petition before the trial court that is ..... of rs.23/lakhs and, therefore, according to the prosecution a1 to a6 are liable to be punished for the offence under section 120-b read with 420 ipc and 13(2) read with 13(1)(d) of p.c.act and substantive offences thereof. 4. the court below after considering the materials on record both oral and documentary, came to the .....
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