Court : Chennai Madurai
..... judgment of this court reported in 2001- 1 lw (crl) 379 (tneb, etc vs. a.mani and another) to contend that in case of action under section 39 of the electricity act, burden is on the prosecution to show that there was theft of energy. 18. addmittedly, both the said judgments arose under the criminal law and in the present ..... energy with intend to defraud the board, thereby the petitioner caused loss of revenue to the electricity board. the said offence is punishable under section 39(1) and 44(1)(c) of indian electricity act 1910. a police complaint was also lodged and registered under cr.no.722 of 2001 and a mahazar was also recorded at the scene ..... in the writ appeal, a directed was given by this court to proceed with the proceedings in respect of theft of energy of the petitioner under the old electricity act. pursuant to the said direction of this court, the respondents issued enquiry notice to the petitioner and the petitioner was given an opportunity of explaining his case with evidence .....
Tag this Judgment!Court : Chennai Madurai
..... two division benches of bombay high court and andra pradesh high court referred to above. both the courts after elaborately considering this issue referring to relevant sections of act referred to above held that proceeds of crime in the hands of persons not involved in money laundering or accused of criminal offence can also be ..... m/s. bhagavathi textiles mills. he produced bogus and fabricated documents in connivance of one s. arivarasu, the then business development manager of m/s. global trade finance limited, coimbatore, availed loan facilities to the tune of rupees fifteen crores. on coming to know of this fraud, one b. surendran, vice president and branch ..... ] 108 scl 491 (ap) b.rama raju vs. union of india (uoi) ministry of finance, department of revenue, represented by its secretary, (revenue) and others, wherein in paragraphs 37, 38 and 40, it has been held as follows: 37. section 8(1) clearly postulates affording of an opportunity to a person in possession of proceeds of crime .....
Tag this Judgment!Court : Chennai Madurai
..... taken away by misinterpretation nor it can be misconstrued by the respondents. the proceedings of the lok adalat is under chapter iv of the legal service act and as per section 21 of the act, an award passed by the lok adalt is deemed to be a decree of civil court and every award made by the lok adalat shall ..... the country. further, the subsidy admissible to the promoter under the scheme will be kept in the subsidy reserve fund account (borrower-wise) in the books of the financing accounting process. no interest would be charged on this by the bank. it is the central government sponsored scheme by which subsidy is provided to the small farmers provided ..... bank becomes functus officio on account of the instruction issued by the union of india to the effect that if the bank account of an applicant becomes npa and the financing bank fails to recover the entire dues, thesubsidy benefit would not be available for the project in question. accordingly, in cases, where subsidy is not released, the .....
Tag this Judgment!Court : Chennai Madurai
..... the revision petitioner. thus, the requirement of the respondents is bona fide. 34. the ingredients prescribed for eviction on the ground mentioned in section 10(3)(a)(iii) of the act have been satisfied in this case. in the circumstances, the appellate authority has rightly varied the order of dismissal passed by the rent controller ..... the refusal of eviction of the respondent-tenant, in spite of the fact that the petitioner-landlord had already obtained licence from the tahsildar for running a finance company for which he requires the petition premises. 22. in the case before us, although the respondents owns other non-residential shops in tirunelveli municipal limits ..... the landlords are requiring the building for their own business. as the landlords are owning other shops, they cannot maintain the eviction petition under section 10(3)(a)(iii) of the act. the landlords are really not in need of the petition mentioned shop. eviction has been sought for an ulterior motive to evict the .....
Tag this Judgment!Court : Chennai Madurai
..... long delay, the government will be put to a lot of peril and it will affect the finance position of the government. the section 18 of the act is mandatory in nature that cannot be diluted by mixing it with section 19 of the act, which has no relevance at all. when the petitioners claim input tax credit in the form of ..... thing to be done in a particular manner prescribing the time limit, the petitioners having gone into deep slumber, suddenly cannot claim without complying the provisions of the act. section 19(18) relied on by the petitioner deals with only the trading which is happening within the state / inter-state trade and it cannot be taken into account ..... claim therein directing the respondents to refund the zero rate sales. 6. per contra, mr.r.karthikeyan, the learned additional govt.pleader submitted that as per section 18 of the act, the respective petitioners ought to have claimed the refund of input tax credit on zero rate sales within a period of 180 days from the date of .....
Tag this Judgment!Court : Chennai Madurai
..... government servant, in case, he surfaces later. 27. therefore, rule 49-a of the tamil nadu pension rules, 1978, provides a relief which is larger in nature than the consequences that flow out of section 108 of the indian evidence act, 1872. 28. but, we do not know whether the provision similar to rule 49-a of the tamil nadu ..... judge consequently held that the respondent's husband should be deemed to have been dead from may 1999 onwards on the basis of the presumption available under section 108 of the indian evidence act, 1872. taking such a view, the learned judge held the order of dismissal to be invalid and directed the respondents to settle all terminal benefits ..... of the indian evidence act, 1872 is rebutted by the employer. 24. as a matter of fact, the government itself had taken note of the contingencies of this nature and amended the tamil nadu pension rules, 1978, by g.o.ms.no.540, finance (pension), dated 05.07.1995. rule 49-a inserted by way of amendment, reads as follows: "49 .....
Tag this Judgment!Court : Chennai Madurai
..... well as the second respondent had been running various educational institutions and medical institutions. 34. insofar as the present case is concerned, in the year 2012, three self-finance vacancies arose at scott christian college for the post of assistant professor in the history department. 35. in pursuance of a letter, the first respondent/plaintiff had participated in ..... o.s.no.184 of 2014 as against the second respondent and the revision petitioner seeking the relief of:- (a) declaration that the clause incorporated in chapter xxiv section 60.4 b and c of the amended constitution to alter the seniority list once in three months is illegal and against public policy; (b) a decree for ..... time. (it) does not debar a member of the village community from maintaining a suit in his own right in respect of a wrong done to him though the act complained of may also be injurious to some other villagers. ? 18. it is thus made clear in the above cited decision that the suit is not a representative .....
Tag this Judgment!Court : Chennai Madurai
..... relevant to refer to a notification dated 12.11.2009 issued by the ministry of finance (department of financial services), government of india, in exercise of the powers conferred by sub-section (1) read with clause (cc) of sub-section (2) of section 48 of the life insurance corporation act, 1956 making the rules regulating certain terms and conditions of service relating to business performance ..... government. as already mentioned, when the notification issued by the ministry of finance (department of financial services), government of india dated 12.11.2009 in exercise of the powers conferred by sub-section (1) read with clause (cc) of subsection (2) of section 48 of the life insurance corporation of india act, 1956 making the life insurance corporation of india development officers (revision of .....
Tag this Judgment!Court : Chennai Madurai
..... we are of the considered view that the observance of the principles of natural justice before slapping an order of suspension on a hereditary trustee under section 53(4) of the act pending enquiry into grave charges, is neither feasible nor required. therefore, the third contention of the learned senior counsel for the appellants is also rejected ..... protected by statutes or statutory rules, which occupy the field. the office of trusteeship is not protected by any statutory rule. therefore, before reading into section 53(4) of the act, the principles of natural justice, one has to see whether the office of trusteeship is protected statutorily and if so to what extent. 36. ..... under challenge, in the writ petitions. the first order was one where the hereditary trustees were placed under suspension and charges were framed in terms of section 53 of the act. by the next order, the joint commissioner/executive officer of the temple was himself appointed as the fit person for the endowment. 11. the .....
Tag this Judgment!Court : Chennai Madurai
..... by a commissioning and installation agency in relation to erection, commissioning or installation fo plant, machinery or equipment." 12. by section 88 of the finance act, 2005, section 65(39a) was amended. the amended section 65(39a) reads as follows: "(39a) 'erection, commissioning or installation' means any service provided by a commissioning and ..... insulation, (v) lift and escalator, and (vi) such other similar services. 15. therefore, it is clear that before the amendment to section 65(39a) under finance act, 2005, installation of plumbing, drain laying or other installations for transport of fluids was not included within the definition of "erection, commissioning or ..... taxes on untapped service sector. 10. therefore, the services of "commissioning or installation" were brought under the service tax net in the finance act, 2003. section 65(28) defined "commissioning or installation" to mean" any service provided by a commissioning and installation agency in relation to commissioning or .....
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