Court : Chennai Madurai
..... refiling the appeal papers within time. the respondents only attempted to throw the blame on the previous counsel to whom appeal papers were entrusted for filing in september 2007. as pointed out by the learned senior counsel for the appellant(s), there were no details as to whom it was entrusted and what were the steps ..... period of limitation and on the aspect of delay, the hon'ble supreme court observed thus:- .the authority is competent to devise, consistently with the provisions of the act and the rules made thereunder, its own procedure based on general principles of justice, equity and good conscience. one of such principles is that delay defeats equity. ..... on public policy. in halsbury s laws of england, 4th edn., vol. 28, p. 266, para 605, the policy of the limitation acts is laid down as follows: 605. policy of the limitation acts. the courts have expressed at least three differing reasons supporting the existence of statutes of limitation, namely, (1) that long dormant claims have .....
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 law may well be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the sections of the act. (7) in hari prasad shivashanker shukla v. a.d.divelkar reported in air 1957 sc 121, the apex court held, it is true that an artificial definition ..... with the purpose of the provision, having regard to the great consequences of the alternative constructions. (22) in adamji lookmanji and co. v. state of maharastra reported in air 2007 bom. 56, the bombay high court held that, when the words of statutes are clear, plain or unambiguous, and reasonably susceptible to only meaning, courts are bound to give ..... attention should be paid to what has been said in the statute, as also to what has not been said. (23) in state of haryana v. suresh reported in 2007 (3) klt 213, the hon'ble supreme court held, one of the basic principles of interpretation of statutes is to construe them according to plain, literal and grammatical meaning .....
Tag this Judgment!Court : Chennai Madurai
..... to show that the deceased ramya was treated with cruelty by the accused persons and the same shall be enough to attract the presumption contemplated under section 113-a of the evidence act. section 113 of the evidence act reads as follows: 113a. presumption as to abetment of suicide by a married woman.- when the question is whether the commission of suicide by a ..... . 27. in the result, this appeal is dismissed. the convictionand sentence imposed by the learned sessions judge, mahalircourt, tiruchirappalli in s.c.no.204 of 2006, vide judgment dated06.07.2007, are confirmed. the bail bond, if any executed by theappellants/accused nos.1 and 2 shall stand cancelled. the trial courtis directed to take steps to commit the accused in .....
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 .....
Tag this Judgment!Court : Chennai Madurai
..... therefore, the impugned order refusing to approve of the non-teaching post for the purpose of grant, is issued in gross violation of the provisions of sections 19 and 20 of the act read with rule 15 of the rules. 6.2. the hon'ble division bench of this court in the manager, concordia high and higher secondary ..... no.364/aa3/12, dated 17.11.2012, vide which, the 3rd respondent has returned the proposal, directing the petitioner school to act in accordance with g.o.no.115, dated 30.5.2007. the petitioner has also sought for direction to the respondents to accord approval for the appointment of mr.s.nixen as junior assistant ..... .o.no.115, dated 30.5.2007. 4. the learned counsel for the petitioner would submit that the school is governed by the tamil nadu recognized private schools (regulation) act, 1973 and the rules 1974 framed thereunder. section 19 stipulates the qualifications and the conditions of service of employees in private schools. section 20 speaks about the conditions of appointment .....
Tag this Judgment!Court : Chennai Madurai
..... equality of opportunity in matters relating to employment becomes a reality for all, parliament enacted the employment exchanges (compulsory notification of vacancies) act, 1959 (for short `the 1959 act'). section 4 of that act casts a duty on the employer in every establishment in public sector in the state or a part thereof to notify every vacancy to ..... exchange, the candidates in the reserve list / regular list of tamil nadu public service commission should be adjusted. 9.) this order issues with the concurrence of finance department vide its u.o.no.59492/cmpc/2011 dated 14.11.2011 and asl no. 844 [eight hundred and forty four] (by order of the ..... expenditure will be initially met from the contingency fund. the director of animal husbandry and veterinary services shall apply for the sanction of contingency fund advance to finance [bg i] department, in the prescribed format along with the copy of this order. the director of animal husbandry and veterinary services is also requested to .....
Tag this Judgment!Court : Chennai Madurai
..... of p.w.1 who could narrate the manner in which the accident occurred and taking into consideration the filing of f.i.r in cr.no.139 of 2007 under sections 279 and 337 i.p.c. against the driver of the appellant-transport corporation bus, has found that there was no negligence on the part of the ..... two lakhs forty one thousand only) as compensation to the respondent/claimant, who sustained injuries while travelling in the bus belonging to the appellant- transport corporation on 30.01.2007. 2. the case of the appellant-transport corporation is that the respondent was travelling in the bus belonging to the appellant-transport corporation negligently by extending his hand outside, ..... (prayer: appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree passed in m.c.o.p.no.143 of 2007, dated 01.03.2016 on the file of the motor accident claims tribunal cum principal sub court, dindigul.) judgment: 1. this civil miscellaneous appeal has been preferred by .....
Tag this Judgment!Court : Chennai Madurai
..... all streets vested in or to be vested in or maintained by a municipal council shall be open to persons of whatever caste or creed. 12. as per section 179 of the act, when the road is declared by the municipality as the public street, whatever rights, which the owner had, earlier to the notification has become extinguished. 13. ..... . the director of town and country planning, chennai and others reported in 2010 writ l.r. 96, wherein it is observed as under: "10. as per section 36 of the act, any land required or reserved or designated in the regional plan, master plan, detailed development plan or a new town development plan, shall be deemed to be needed ..... kb 130, when he stated as under :- "a promise intended to be binding, intended to be acted upon, and in fact acted upon is binding...." 15. lord denning approved the decision of dixon, j. (supra) in central newbury car auctions ltd. v. unity finance ltd. (1956) 3 all er 905. apart from propounding the above principle on the judicial side, .....
Tag this Judgment!Court : Chennai Madurai
..... tribunal should 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 169 of the act make it evident that the tribunal does not function as a neutral umpire as in a civil suit, but as an active explorer and seeker of truth ..... compared to the physical 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 claiming compensation. ..... (prayer: civil miscellaneous appeal is filed under section 173 of motor vehicles act, 1988, against the fair and executable order dated 12.09.2006 passed in m.c.o.p.no.571 of 2004 by the motor accident claims tribunal (principal subordinate .....
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