Court : Chennai Madurai
..... evidence of r.ws.1 to 6 in a proper and real perspective. 5. the learned counsel for the revision petitioner/husband projects an argument that the ingredients of section 125 of cr.p.c prohibits the respondent/wife from claiming maintenance from the revision petitioner/husband, when she is leading a life of adultery with one suresh. 6 ..... against the revision petitioner/husband and his family members on 13.11.2011, registered an fir under sections 498(a) and 506(ii) of indian penal code and section 4 of tamil nadu prevention of harassment of women act and section 4 of dowry prohibition act and the same was pending. 16. it is the stand of the respondent/wife that the ..... revision petitioner/husband is owning more than 5 acres of agricultural lands valid about rs.50,00,000/- and also her husband is in possession of well-over of rs.10,00,000/- on his hands and also engaged in 'finance .....
Tag this Judgment!Court : Chennai Madurai
..... in the scheme of things provided in the code, the trial in the court of session is conducted only by a public prosecutor or special public prosecutor section 15 of the act also provides for conducting cases in special court by a special public prosecutor. no mention, on the other hand is made of special public prosecutor in ..... 07.12.2012 at the instigation of one o.raja, chairman of periyakulam municipality, theni district, who is the younger brother of former chief minister and the present finance minister of tamil nadu mr.o. paneerselvam. it was also submitted that the deceased son of the petitioner had been performing pooja for several years, which was impeded ..... stated in the impugned order, which cannot be permissible, as the hon'ble supreme court in the case of mohinder singh gill vs. chief election commissioner, reported in (1978) 1 scc 405, has clearly held that by way of a counter, the reasons not stated in the impugned order cannot be improved by the respondent concerned. therefore, .....
Tag this Judgment!Court : Chennai Madurai
..... notices shall stand quashed, in which event, needless to mention that the respondents are at liberty to proceed afresh in terms of the act by following sections-8 and 15 thereof including payment of compensation for the land on today's market value, if not paid earlier to the petitioner. ..... panchayat or any panchayat union council or any village panchayat constituted under the tamil nadu panchayats act, 1994 (tamil nadu act 21 of 1994);" ***** ***** ***** ***** "section 2(21): "state highways authority" means the officer appointed under sub-section (1) of section 5;" ***** ***** ***** ***** "section 3: declaration of roads, ways or lands as highways.- on the recommendation made by ..... shall not resort to exercise their powers under the board standing orders which have no statutory force, ignoring the statutory provisions, viz., section 125(2) of the act, which could be exercised, in our considered opinion, by following appropriate procedure contemplated under law. 27. it is trite law that .....
Tag this Judgment!Court : Chennai Madurai
..... .15 lakhs to rs.1 crore, the hon'ble bench made the following observations which can appropriately be applied for deciding the petitions filed under section 166 of the act: we must emphasise that the court has to strike a balance between the inflated and unreasonable demands of a victim and the equally untenable claim ..... not be a silent spectator when medical evidence is tendered in regard to the injuries and their effect, in particular the extent of permanent disability. sections 168 and 169of the act make it evident that the tribunal does not function as a neutral umpire as in a civil suit, but as an 12 active explorer and ..... disabilities which are enumerated in the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (`disabilities act' for short). but if any of the disabilities enumerated in section 2(i) of the disabilities act are the result of injuries sustained in a motor accident, they can be permanent disabilities for the purpose of .....
Tag this Judgment!Court : Chennai Madurai
..... person. though the evidence does not point out any particular accused to have caused the death of siva.gnananadatharasu solely by his act, the 4th charge framed by the trial court is for an offence of murder straight way under section 302 against accused nos.2 and 3. the other accused, namely a1, a4, a5 to a10 were prosecuted for an offence ..... the case of the prosecution that there was an agreement among the accused persons to commit an act, which is not illegal by adopting illegal method. on the other hand, it is the ..... committed or not in case of an agreement to commit an illegal act. in case of an agreement is to commit an act, which is not illegal, by adopting an illegal method, something towards the object of the agreement should have been done to bring it within the ambit of section 120-a ipc. 30. in the case on hand, it is not .....
Tag this Judgment!Court : Chennai Madurai
..... was not sponsored through employment exchange, as contemplated in g.o.ms.no.873, dated 13.11.1995 and g.o.ms.no.1138, dated 25.09.1978. (ii). this court issued an interim direction to pay salary to the teacher and also not to terminate the services pending disposal of the writ petition, that ..... element involved in it. 3.2. after independence, in tamilnadu, the state government established schools, more importantly, primary and middle schools even in the remote villages. till 1978, the school education, i.e., secondary education, in tamilnadu consisted of 11 standards. the schools that impart education upto 5th standard are called as primary/elementary schools. ..... -1992. this resulted in mushrooming of self-financing schools and thereby resulting in commercialization of education. hence, the state shall not deny aid to the non-teaching posts to the private aided schools which are in receipt of aid for many decades. as per section 14-a of the act, no private school that is established after .....
Tag this Judgment!Court : Chennai Madurai
..... insurance company. the liability of insurance company is to reimbursement amount payable by the insured owner of vehicle. it is only in exceptional cases as provided under section 170 of the m.v. act, the insurance company can defend the claim. 15. in paragraph 14 of the judgment reported 2016 (1) tn mac (1) (sc) [cited supra], ..... contention of the appellants, therefore, that the decree and judgment of the district court, monghyr, should be treated as a nullity cannot be sustained under section 11 of the suits valuation act. furthermore in determining as to whether a part of cause of action has arisen within the territorial jurisdiction of the court vis- -vis an appellate court ..... chandigarh. we regret, we cannot agree with the learned counsel for the appellant. in our opinion, an interpretation has to be given to the amended section 17(2)(b) of the act, which does not lead to an absurd consequence. if the contention of the learned counsel for the appellant is accepted, it will mean that even .....
Tag this Judgment!Court : Chennai Madurai
..... which includes enhancement of conveyance allowance to the orthopaedically handicapped employees from rs.150/- to rs.300/-. subsequently, the government have issued g.o.ms.no.391, finance(allowances) department, dated 07.10.2010, increasing the conveyance allowance from rs.300/- per month to rs.1,000/- per month. 7. material on record ..... key to construction is the composite perception of the deha and dehi of the provision..." (ii) the apex court, while interpreting the provisions of employees' state insurance act, in transport corporation of india v. employees' state insurance corporation and anr., reported in air 2000 sc 238), at paragraph 24, held as follows: "before ..... retrospective and the disqualification from taking the benefit of past services, has to be removed. otherwise, the disqualification, on account of disablement occurred, prior to the act, would continue, even after the enactment and it does not to rehabilitation. it is a cardinal principle of law that the very law designed, i.e .....
Tag this Judgment!Court : Chennai Madurai
..... the endeavour of everyone to develop several identities which constantly interact and overlap, and prove a meeting point for all members of different religious communities, castes, sections, sub-sections and regions to promote rational approach to life and society and would establish a national composite and cosmopolitan culture and way of life. 25. at the cost ..... - unless a concrete case of abuse or exercise of such sweeping powers for extraneous considerations by the authority concerned or that such authority was shown to act at the behest of those in power, and interference as a matter of course and as though adjudicating an appeal, will defeat the very purpose of ..... 3 and 4 herein, which according to him was without complying with the provisions relating to construction of a religious place, as per the tamil nadu district municipalities act, r/w. municipality building rules. in the above writ petition, a hon'ble division bench of this court, vide order, dated 15.09.2015,, has passed .....
Tag this Judgment!Court : Chennai Madurai
..... the right conferred under articles 25 and 26 of the constitution of india is not limited to matters of doctrines or beliefs, but to extend to the acts done in pursuance of religion and therefore, the guarantee of rituals, ceremonies and modes of worship are integral parts of religion. but, however, about what ..... or injury. while all offences under the indian penal code become offences after commission of an act, one offence, namely an attempt to commit suicide, which when actually committed successfully, cannot be prosecuted. but, the very attempt to commit it is prosecutable. ..... festival and it was observed as follows:- even if there is a likelihood of a person making an indecent representation, the same is prohibited by the said act. it is needless to point out that the likelihood of depravation, corruption or injury to public morality stands on a different footing than the actual depravation, corruption .....
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