Court : Chennai
..... medical college on the ground that they have taken a policy decision. noting that in the matter of establishment of a new medical college rests with the central government alone, it was held that the state government could not refuse essentiality certificate on such policy consideration. in my view the decision is factually distinguishable, ..... deals with restriction on import or export. the said rule mandates that no ammonium nitrate shall be imported or exported except at its ports notified by the central government; shall not be imported into india by sea except through the ports, which are duly approved for this purpose by the government of india; ..... the reasons stated therein and the product namely, the ammonium nitrate having been declared as an explosive within the meaning of explosives act by notification issued by government of india, dated 21.07.2011, the reasons assigned in the impugned order are sufficient to place the petitioner's licence under suspension. further, it is submitted .....
Tag this Judgment!Court : Chennai
..... act, 1988 (central act 49 of 1988), the suppression of immoral traffic in women and girls act, 1956 (central act 104 of 1956), the drugs and cosmetics act, 1940 (central act xxiii of 1940, the drugs control act, 1949 (tamil nadu act xxa of 1949), the dangerous drugs act, 1930 (central act ii of 1930) and the drugs and magic remedies (objectionable advertisements) act, 1954 (central act 21 of 1954) or the prevention of food adulteration act, 1954 (central act ..... sentenced under sections 224, 376, 396 to 400, 402, 467, 471, 472, 474, 489a, 489b and 489d of the indian penal code (central act xlv of 1860). 6. the government have carefully examined the recommendation of the advisory board. as the life convict prisoners no.785, sathish babu, s ..... rule 341(3), whereas, it uses the expression parole . 16. a full bench of this court in state vs. yesu and velaiyan [2011-4-mlj (crl.)] 339 has held that there are no parole rules in tamil nadu and the government cannot release prisoners on parole and .....
Tag this Judgment!Court : Chennai Madurai
..... available after the passing of six years from the establishment of the college. (v). no placement cell. (vi). no central instrumentation facility with essential instruments, viz. hplc,gc, glc,hptlc, aas, ph meter, colorimeter, pressure plate apparatus, flame ..... petitioner/college. in one of the meetings convened by the second respondent/secretary to government of tamilnadu, finance department, a direction was issued that any one representing the petitioner college should leave the meeting hall and ..... :- 2.1. the petitioner/college of agricultural technology, theni, theni district was started in the academic year 2010-2011 based on the sanction of the first respondent/secretary to government of tamil nadu, agriculture department, followed by affiliation ..... the memorandum of understanding with the university on 7.7.2010. further neither in the tamilnadu agricultural university act 1971 nor statutes of the tamilnadu agriculture university nor its regulations nor in the hand book of guidelines for .....
Tag this Judgment!Court : Chennai
..... interest used the expression "may" thereby giving a discretion to the authorities concerned to either reduce or waive the interest. the change brought about by the amending act (finance act, 1987) is a clear indication of the fact that the intention of the legislature was to make the collection of statutory interest mandatory." 28. thus, from ..... , and hence, there is a substantial question of law, involved in this appeal. 11. placing reliance on a decision of the hon'ble supreme court in central provinces manganese ore co. ltd., v. commissioner of income-tax reported in 1986 (160) itr 961, learned counsel for the appellant further submitted that in the ..... of computation and payment of advance tax. 8. placing reliance on a decision in prime securities ltd., v. assistant commissioner of income tax (investigation) reported in 2011 (333) itr 464, learned counsel for the appellant further submitted that when there was no possibility for the appellant to anticipate the events that would take place .....
Tag this Judgment!Court : Chennai
..... , it would not be in a position to commence the relevant academic courses. there is a possibility of some conflict between a university act or ordinance relating to affiliation with the provisions of the central act. in such cases, the matter is squarely answered in sant dnyaneshwar shikshan shastra mahavidyalaya [2006 [9] scc 1] where the court ..... the students and write the examinations, the result of the same should be published. in support of the same, reliance is also placed upon the judgment reported in 2011 [4] scc 527 [chairman, bhartia education society and another vs. state of himachal pradesh and others], the hon'ble supreme court of india observed that though the ..... procedure and upon proper application of mind. recognition and affiliation are expressions of distinct meaning and consequences. in bhartia education society vs state of h.p. [2011 [4] scc 527], this court held that [scc p.534, para 19]:- 19. the purpose of 'recognition' and 'affiliation' is different. in the context of .....
Tag this Judgment!Court : Chennai
..... both the plaintiff and defendant that time is essence of contract. the income tax act, 1961 has been amended in the year 1986 by finance act chapter xxc and thereby introduced section 269 ul. by virtue of section 269 ue (1) of income tax act, the central government has become the owner on 9.1.1989. under such circumstances, the ..... in favour of the first plaintiff, the defendant has to obtain no objection certificate from the concerned income tax department. as per the amended provision of income tax act, 1961, the income tax department has become the owner. after obtaining no objection certificate from the income tax department, the defendant has left to america and the ..... a finding as to whether the plaintiff/respondents are always ready and willing to perform his part of contract, as required under section 16(c) of the specific relief act, must be determined, having regard to the entire attending circumstances. (iii) in cdj 2006 aphc 506, (nalamothu venkaiya (died) by lr and another v. b.s .....
Tag this Judgment!Court : Chennai
(prayer: civil miscellaneous appeal filed under section 35(g) of the central excise act, 1944 against the final order of customs, excise and service tax appellate tribunal, chennai - 600 006 dated 08.02.2011 made in final order no.291/2011.) s. manikumar, j. 1. though the first respondent m/s.adhavan processor (p) ltd has been served ..... been advanced that w.p.no.3891/2000 filed by the first respondent/assessee challenging the notification nos.36/98 central excise and 42/98 central excise, both dated 10.12.1998 made by the ministry of finance was allowed in their favour holding the impugned notifications as invalid and inoperative. on that score, the first respondent/ ..... pending before the hon'ble supreme court of india? 3. whether the hon'ble tribunal is correct in ignoring notification 42/98 issued under section 3-a of central excise act, 1944 read with sub rule (3) of rule 4 of hot air stenters independent textile processors annual capacity determination (amendment) rule, 2000?" 6. on 21. .....
Tag this Judgment!Court : Chennai
..... this section, the duty is leviable on all imported goods. valuation of the imported goods is done as provided under section 14 of the act. section 25 of the act empowers the central government to issue notifications exempting generally either absolutely or subject to such conditions as specified in the notification, goods of any specified description from ..... of the learned counsel for the appellant is that the gold is not a prohibited good, in terms of section 2(33) of the customs act, 1962 and when the central government, having regard to the perishable nature, depreciation in the value of the goods with the passage of time, constraints of storage space and ..... the power conferred on the authority and relying on the decision in navshakthi industries pvt. ltd. vs. commr. of cus., icd, tkd, new delhi reported in 2011 (267) e.l.t. 483 (del.), learned counsel for the appellant submitted that provisional release of goods seized, is permissible subject to appellant furnishing a bank guarantee .....
Tag this Judgment!Court : Chennai
..... be dissipated or other irreparable mischief may be done unless the court appoints a receiver. [see b.d.a. ltd. vs central bank of india, and another reported in air 1995 bom 14 (db]. 64. in the light of the observations made in ..... other irregularities committed when he was the vice president. iv) that on 20.05.2013, the appellant/plaintiff had threatened the finance officer of the vit university in the name of directorate of revenue intelligence (drt) to provide financial details of the institution. according ..... also be placed on record here that one mohan appears to have filed a writ petition in w.p.no.13472 of 2011 on the file of this court praying for the issue of a writ of mandamus to direct the first and second ..... the third respondent/thirdd efendant, possibly under the guidance and control of the second respondent/second defendant, had indulged in these acts. apart from that, the appellant/plaintiff came to know that on the instruction of the second respondent/second defendant, the third .....
Tag this Judgment!Court : Chennai Madurai
..... reach the deserving and needy persons. if the respondents/bank are permitted to adopt a approach that would defeat the scheme introduced by the central and state governments, then, such act of the respondents/bank may border or infringe upon the tenor and spirit of article 14 of the constitution of india. viewed in that perspective ..... learned counsels appearing for the petitioners as well as the appellant have also advanced arguments raising objection as to the other parameters viz., security, inadequacy of quantum of finance and other directives. it is within discretion of the bank either to grant or not to grant the educational loan to the students, who secured admission under ..... the learned counsel for the petitioner heavily relied upon a judgment of this court in g.dhivyha .vs. the branch manager, canara bank and others reported in 2011(1)cwc 843 that the loan application of the co- obligation cannot be a relevant factor and that the bank should not confuse itself with the loan availed .....
Tag this Judgment!