Court : Chennai
Decided on : Aug-22-2003
Reported in : (2004)186CTR(Mad)677; 2004(91)ECC369; 2003LC654(Madras); 2004(163)ELT409(Mad); [2004]268ITR391(Mad); 2006[3]STR151; [2007]7STT159
..... observation in para 41 '.....in fact, the most of the petitioners, who are having having the contract carriage, are having the permits under section 88(9) of the motor vehicles act read with section 82, which are nothing but tourist 'tourist permits' issued for the purpose of promoting the tourism and obviously issued to the tourist vehicles ..... are not tourist vehicle as prescribed under section 2(43) of the motor vehicles act, the question of service tax does not apply.3. pursuant to the notice, the respondent filed a counter affidavit disputing various averments made ..... that requesting the petitioner to register and pay service taxes is illegal, arbitrary since they are not operating any tourist vehicle as prescribed under section 2(43) of the motor vehicles act and proof of them have been produced before the concerned authority. it is also stated that as long as the petitioner's vehicles .....
Tag this Judgment!Court : Chennai
Decided on : Aug-21-2003
Reported in : 2004(1)ARBLR241(Madras); (2004)1CompLJ171(Mad)
..... be imported into the agreement creating charge.21. in fact, such incorporating of arbitration clause to a subsequent contract is statutorily recognised in the new act under section 7(5) which reads thus :'the reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement, if the contract is ..... on the substance of the dispute ; and(iii) the application is accompanied by the original arbitration agreement or a duly certified copy thereof.10. section 8 of the act authorises the judicial authority to refer the parties to arbitration before which an action, in a matter which is the subject matter of the arbitration ..... invoked as against second plaintiff also ?(ii) whether the dispute between the plaintiffs and the defendant has to be referred to arbitration proceedings under section 8 of the act ?9. there are three procedural requirements of an application for referring the parties to arbitration, all of which must be cumulatively complied with before .....
Tag this Judgment!Court : Chennai
Decided on : Aug-20-2003
Reported in : 2003(4)CTC670
..... empowered the state government to increase the capacity and efficiency of irrigation tanks in the state of tamil nadu and for that purpose alone, this act was enacted. section 3 of the act vests the power in favour of the government, to take effective steps or measures for increasing the capacity of any tank, or efficiency of ..... their wisdom, probably apprehending dispute or problems from some corner, have provided protection also to the government, from questioning their acts by filing a suit or application for injunction and in this view alone, section 4 is enacted which reads, 'no court shall entertain any suit or application for the issue of any injunction to ..... water supply, which will amount to injunction impliedly, indirectly, which is barred under section 4 of the act, as said supra.18. this court had an occasion to consider the effect of tamil nadu irrigation tanks (improvement) act, 1949 coupled with the easements act in state of tamil nadu rep. by the district collector v. v.a. .....
Tag this Judgment!Court : Chennai
Decided on : Aug-18-2003
Reported in : AIR2004Mad54; I(2004)BC256; 2003(4)CTC218
..... redemption in the case of a mortgage or charge upon immovable property shall be instituted in the court within the local limits of whose jurisdiction the property is situated under section 16(c) c.p.c. as well as under clause 12 of the letters patent and the plaintiff in the present case has admitted that the property over which the ..... filed in the original side of this court invoking the provisions of letters patent and original side rules. it is further stated by the respondent that the applicant cannot invoke section 16, c.p.c. and the suit is mainly for recovery of money and it is not a suit for land as held by this court in the rulings.4 ..... in default, to sell the properties mortgaged. according to the applicant, a suit pertaining to foreclosure, sale or redemption in the case of mortgage or charge upon immovable property under section 16-c, c.p.c as well as under clause 12 of the letters patent, shall be instituted in the court within the local limits of whose jurisdiction the property .....
Tag this Judgment!Court : Chennai
Decided on : Aug-14-2003
Reported in : (2003)3MLJ396
..... of this court and : air1984mad235 , i find that the jurisdiction of the civil court is excluded in view of the express bar under section 16-a of act x of 1969 and under section 6 of act xxv of 1955.35. even on factual aspects, plaintiff's case is found to be wanting, uncertain and unclear as to whether the ..... a full bench of this court in periathambi goundan ..vs.. district revenue officer : air1980mad180 held that the civil court's jurisdiction is expressly excluded in view of section 16 of act x of 1969 in respect of the question whether a particular person is a cultivating tenant or not.27. in the above decision of the full bench in ..... tenant'. the jurisdiction of the civil court is not at all attracted, merely because the plaintiff has conveniently omitted to seek declaration under the simple device of invoking section 27(c) of the act. 33. at this juncture, we may usefully refer to the decision reported in : air1984mad235 (pankajam ..vs.. chinnaswamy naidu), wherein it was held, 'where .....
Tag this Judgment!Court : Chennai
Decided on : Aug-14-2003
Reported in : (2004)ILLJ663Mad
..... of regional commissioner, employees' provident fund v. management of southern alloy foundries (private) ltd. 1982 ii llj 28, while interpreting section 2(b)(ii) of the act with reference to the dearness allowance, held that since the clearness allowance is specifically excluded from the definition of basic wages, the employer is not liable ..... company (india), ltd. v. union of india, : (1962)iillj490sc , held that inasmuch as the bonus paid to the employee is specifically excluded under section 2(b)(ii) of the act, the employer is not liable to contribute provident fund on the amount paid towards production bonus.11. a division bench of this court in the case ..... the scheme. the quantum of amount so paid as incentive varies over from person to person. such incentive will not fall within the definition of section 2(b)(ii) of the act, as the incentive so paid is otherwise a productive bonus, which is specifically excluded from the applicability of the said provision.4. based on .....
Tag this Judgment!Court : Chennai
Decided on : Aug-12-2003
Reported in : (2004)ILLJ867Mad
..... that the petitioner/management terminated the services of the second respondent. if it is so, the second respondent/workman cannot maintain the dispute under section 2-a(2) of the act. the finding of the labour court that the second respondent/workman is a watchman and was terminated from service is based on surmises and conjectures ..... in the award passed.4. heard both sides.5. the learned counsel for the petitioner/ management contended that in a dispute raised under section 2-a(2) of the industrial disputes act, the labour court will have jurisdiction only if the grievance of the workman pertains to discharge or dismissal or retrenchment or termination and ..... a detailed counter pointing out that there is no non employment as alleged by the second respondent and the dispute itself is not maintainable under section 2-a(2) of the industrial disputes act. however, the labour court, after enquiry, passed an award on april 10, 1996 and directed the petitioner/ management to reinstate the second .....
Tag this Judgment!Court : Chennai
Decided on : Aug-08-2003
Reported in : (2003)3MLJ380
..... the suit are neither necessary nor proper parties inasmuch as they would be bound by the decree in the suit in view of the principle enunciated in section 52 of the transfer of property act. i hold that the parties sought to be impleaded as defendants in the suit and respondents in the final decree application are neither necessary nor proper parties .....
Tag this Judgment!Court : Chennai
Decided on : Aug-08-2003
Reported in : (2004)ILLJ147Mad; (2003)3MLJ464
..... the petitioner had ceased to be on the rolls of chennai branch from july 1996 and that he was not entitled to invoke jurisdiction under section 41(2) of the act. hence the above writ petition. 6. in the affidavit, the petitioner contends that the appellate authority did not properly appreciate the facts and ..... order of termination was malafide and vindictive. the order of termination was illegal and hence he challenged the said order by filing the appeal under section 41(2) of the act. 4. before the deputy commissioner, the bank had contended that after july, 1996, the petitioner had ceased to be on the rolls of chennai ..... certiorarified mandamus to quash the order of the deputy commissioner of labour (appeals), dismissing the appeals filed by the petitioner under section 41(2) of the tamil nadu shops and establishments act, hereinafter called the act, and for a consequential direction to the respondent to reinstate the petitioner with all consequential benefits. 2. the petitioner claiming .....
Tag this Judgment!Court : Chennai
Decided on : Aug-08-2003
Reported in : (2004)ILLJ407Mad; (2003)3MLJ503
..... dispute which plaintiffs raised being one connected with the seniority, there cannot be any doubt that the same is an industrial dispute under section 2(k) of the industrial disputes act, 1947.it has been further held as under:-'the dispute raised by plaintiffs in the suit relates to the enforcement of rights created ..... conditions of labour, of any person, is an industrial dispute. 10. the dispute between the plaintiff and the defendant is squarely covered by section 2(k) of the industrial disputes act. the dispute between an employer and employee cannot raised in civil court as found by the various decisions of this court and the supreme court ..... the employer in not making him permanent, are questions which have to be resolved by raising a dispute before the appropriate forum. 9. section 2(k) of the industrial disputes act recites as under:-'industrial dispute' means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen .....
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