Court : Chennai Madurai
..... that the difference will have to be paid within a period of two months from the date of the final order passed under sub section (2) or sub section (3) to section 47-a of the indian stamp act, 1899 and therefore held that it is only directory and not mandatory. however, earlier decisions on that aspect viz., o.n.s. ..... and prayed for allowing the writ appeal. 11. mr.m.vallinayagam, learned senior counsel appearing for the respondents submitted that no notice as contemplated under section 47-a of the indian stamp act was served on the respondents. the notices and orders were sent to dead person and even that the same were not sent to the correct address. ..... of the suggestion for fresh reference by the registering authority to the collector in the absence of any time limit prescribed, even as per the full bench judgment reported in 2007 (5) ctc 737 (cited supra) (para-34) by applying the concept of conscience and reasonableness, i have no hesitation to come to the conclusion that on the .....
Tag this Judgment!Court : Chennai Madurai
..... petitions before the special committee under section 16-d of the tngst act in relation to assessments under the cst act for the years 2003-2004, 2004-2005, 2005-2006 and 2006-2007. they also filed four similar applications under section 16-d of the tngst act in relation to the assessments under tngst act for the years 2003-2004, 2004 ..... 2004, 2004-2005, 2005-2006 and 2006-2007 and four independent orders under the tngst act for the assessment years 2003-2004, 2004-2005, 2005-2006 and 2006-2007, rejecting the applications under section 6(1) of t.n.act 29/2011. all the 10 orders, six under cst act and four under tngst act, were passed on 16.02.2015. 18 ..... appointment of a designated authority for carrying out the purposes of the act. section 4 speaks about the eligibility for settlement. as per this section, an application for settlement of arrears of tax, penalty or interest, if they relate to the assessment years upto 2006-2007, could be made, provided the assessment has been made prior to .....
Tag this Judgment!Court : Chennai Madurai
..... which registration is compulsory should by its own force operate or purport to operate to crate or declare some right in immovable property. if such document is not registered, sec. 47 of act will prevent its being admitted in evidence. an unregistered document like ex.b1 can be created at any point of time. there is no proof that ex.b1 was ..... judgment and decree dated 29.12.2008 made in a.s.no.19 of 2008 on the file of subordinate judge, uthamapalayam, confirming the judgment and decree dated 25.10.2007 made in o.s.no.71 of 2006 on the file of district munsif, uthamapalayam. 2. the respondents, as plaintiffs, filed the suit for declaration, declaring that the portion of ..... (prayer: second appeal is filed under section 100 of cpc., to set aside the judgment and decree dated 29.12.2008 made in a.s.no.19 of 2008 on the file of subordinate judge, uthamapalayam, confirming the judgment and decree dated 25.10.2007 made in o.s.no.71 of 2006 on the file of district munsif, uthamapalayam.) 1. the .....
Tag this Judgment!Court : Chennai Madurai
..... entertaining this plea at this length of time will go against well settled principles flow from laches. 18. finally, the learned counsel referred to section 24(2) of 2013 act and strenuously contented that acquisition proceedings have lapsed as no compensation for the lands acquired was paid. counsel without reference to factual detail in ..... sheds to entrepreneurs to promote industries in fulfilment of the objects for which sidco was established. in such circumstances, section 16a or section 16b of land acquisition act, 1894, have no application. assuming that section 16b is applicable and can be invoked in the present case, it is always open to the government to utilise ..... except by citing some representations / petitions filed by them in the year 2007 for withdrawal of acquisition and to re-transfer the lands in terms of section 48b of the land acquisition act, 1894 as amended by the land acquisition (tamil nadu amendment) act, 1996. when the request of the father of the appellants was .....
Tag this Judgment!Court : Chennai Madurai
..... 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 ..... seven years from may 1999, it was impossible for him to participate in the enquiry. therefore, the punishment by itself, cannot stand unless the presumption under section 108 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 .....
Tag this Judgment!Court : Chennai Madurai
..... the admissibility of the document even at that stage. in the present case, absolutely there is no judicial application of mind as to the requirement of section 33 or section 35 of the act. there is no indication of any order passed by the court admitting ex.b7 in evidence. in such circumstances, the instrument ex.b7 being original, ..... has not been duly stamped. however, the order admitting an instrument in evidence is subject to the power of appellate court as provided under section 61 of the act. 17. section 61 of the indian stamp act, after taking into consideration, the order of the court of first instance admitting any instrument in evidence as duly stamped or as not ..... the order admitting the document in evidence was passed by the trial court therein after applying its mind to the admissibility of the document in terms of section 35 of the act. the position in the present case is not similar and hence, the judgment of the hon'ble supreme court is not applicable to the present situation. .....
Tag this Judgment!Court : Chennai Madurai
..... inspect the property. it is mandatory on the part of collector to issue notice to the petitioner before inspecting the property, otherwise, the very requirement prescribed under section 47-a of the act r/w. rule 4(3)(c) would become an empty formality and it would render the whole enquiry as an illegal one. 22. it is to be ..... evidence adduced by a claimant and rebuttal thereof by the state as to the prevailing market value of a particular property. no wonder, the powers conferred under section 47-a of the act should be exercised with utmost care, circumspection and caution so as to ensure that it does not work as a tool of oppression nor as a matter ..... registration and others vs. c.marappan) reported in (2007) 1 mlj 847, wherein it is observed as under: on a plain reading of section 47-b, it is clearly seen that the provisions of the section will be attracted only in case of instruments falling within the purview of section 47-a of the act. in the present case, no proceedings were initiated .....
Tag this Judgment!Court : Chennai Madurai
..... management, the same may not be applicable in the case of promotion. even the enquiry report submitted by the enquiry officer pursuant to the enquiry under section 81 of the act, and statements obtained from other officers indicate that the appellant had made an attempt to prove that there were precedents to promote officers even during the ..... in these circumstances, we find that there is some force in the argument of the learned senior counsel for the appellant that the impugned order, dated 19.07.2007, is in violation of principles of natural justice. 12. it is now well settled that an adverse material which form the basis of charges must be made known ..... bank was notified. after election of executive committee members, by notice, dated 10.07.2013, the meeting of the elected executive committee members was scheduled on 15.07.2007, for the purpose of electing the president and vice-president of the co-operative bank. the appellant / writ petitioner was also one of the elected member of .....
Tag this Judgment!Court : Chennai Madurai
..... they would not have sought for consent from the plaintiff, having regard to their definite case that the plaintiff had no right of preemption under section 22 of the hindu succession act. since the first defendant executed the sale deed as his absolute property without reference to the share of the plaintiff, his case that he executed ..... following submissions: 8.1. the plaintiff is not a coparcener and hence, she is not entitled to claim any right of preemption as provided under section 22 of the hindu succession act. 8.2. when the first defendant and the third defendant specifically pleaded about the factum of consent given by the plaintiff, the lower appellate court ..... hon'ble supreme court in the case of lachhman dass v. jagat ram and others reported in 2007 sar (civil) 250. this is a case where the plaintiff claimed right of preemption under section 22 of the hindu succession act only against the purchasers of the property without impleading the appellant, a tenant who has also acquired .....
Tag this Judgment!Court : Chennai Madurai
..... examined. therefore, the plaintiff has proved a3 and a4. so the attestation has been proved in accordance with section 68 of indian evidence act and not under section 63 of indian succession act. further, the defendants are not competent to question the settlement deed. but, here, the respondents have proved the ..... 8. he has further stated that ex.a3 and a4 settlement deeds have not been proved in accordance with law viz., under section 63 of hindu succession act. hence, the plaintiff is not entitled to file the suit. plaintiff's father is having another heirs and hence, the ..... time of admission, the high courts have been issuing notices and generally deciding the second appeals without adhering to the procedure prescribed under section 100, code of civil procedure. it has further been found in a number of cases that no efforts are made to distinguish ..... 99 483 and 484 t.s.w.8 b.12 t.s.1963 - do - 3-3 407 t.s.w. 8 b.13 t.s.2007 - do - 0.30 485 t.s.w. 8 b.13 t.s.2009 - do - 32 486 t.s.w.8 b.13 t .....
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