Court : Chennai
..... that the state government has no power to make rules.48. both the explosives act, 1884 and the factories act, 1948, are central enactments. section 119 of the factories act, 1948, also confers overriding effect. therefore, when the factories act, confers power upon the state government specifically to make rules with respect to dangerous operations ..... making power:46. the next contention of the learned counsel for the petitioner is that under section 5 of the explosives act, 1884, the rule making power vests only with the central government and that therefore, the state government is not competent to lay rules.47. the above contention is wholly misconceived. ..... madurai bench of madras high court dated :03. 04-2013 coram : the honourable mr.justice v.ramasubramanian writ petition (md) no.7156 of 2012 and m.p. no.1 of 2012 the tamil nadu fireworks and amorces manufacturers association, represented by its president s.s.vijayakumar, 'tanfama centre', 442, kamarajar road, sivakasi-626 123 .....
Tag this Judgment!Court : Chennai
..... (viii)in the decision s.manjula and 3 others v. the chief secretary, govt. of tamil nadu, secretariat, fort st. george, chennai and 3 others, 2012 (2) cwc552 it is observed that 'carelessness, recklessness and negligence on part of the electricity board officials for not taken safety measure as provided under rule 91 of ..... . since the responsibility of maintenance of the school building has been entrusted to the village education committee by the state government, the village education committee acts as an agent of the state government. the state government is thus vicariously liable for the breach of duties of village education committee to take care ..... were suspended during that period, which undoubtedly admits that the death of petitioner's son and his friend were caused due to gross negligence and wrongful act of the school administration. the school management had not fulfilled the basic requirements of the students like drinking water, toilet facilities, erection of compound walls etc .....
Tag this Judgment!Court : Chennai
..... that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. (3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time ..... in the high court of judicature of madras dated:03. 01.2013 coram: the honble mr. justice s. manikumar c.m.a.no.3290 of 2012 and m.p.no.1 of 2012 thomas ... appellant vs. 1.p.sivasubramaniam 2.g.velumani 3.united india insurance co. ltd., branch office iv, door no.1940-b, trichy road, ramanathapuram, coimbator 045. 4.r ..... immediately before the commencement of this act: provided that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provision.13. in a recent decision of the supreme court in national insurance co.ltd., vs. sinitha and others, reported in 2012 acj 01.one x was riding .....
Tag this Judgment!Court : Chennai
..... order from the sovereign to subordinates. in england, in early times, it was made generally available through the court of king s bench, when the central government had little administrative machinery of its own. early decisions show that there was free use of the writ for the enforcement of public duties of all ..... the learned counsel for the parties and perused the materials available on record.13. record of proceedings shows that in this writ petition, on 19.06.2012, this court passed the following order, ".though on the last occasion, learned additional government pleader was directed to find out the outcome of the investigation report ..... (from the engineers in the panel of qualified and registered engineers maintained by the district collectors) in accordance with the tamil nadu public buildings (licensing act, 1965 (tamil nadu act, 13 of 1965) has to be obtained. adequate sanitary facilities, separately for teachers and pupils, (boys/girls separately) and a certificate to that .....
Tag this Judgment!Court : Chennai
..... regulations issued in the year 2000. under regulation 1.2 of these regulations, they were made applicable to every university incorporated by or under a central act or a state act and every institution including a constituent or an affiliated college recognized by the commission, in consultation with the universities concerned under section 2(f) ..... university and give effect to the decision of all its authorities. he shall be the ex-officio chairman of the court, executive council, academic council, finance committee and selection committees and shall, in the absence of the chancellor preside at any convocation of the university for conferring degrees. it shall be the ..... and mr.y.krishnan, learned counsel for the impleaded party.3. when the post of vice chancellor of the madurai kamaraj university fell vacant in 2011-2012, the government constituted a search committee to appoint a suitable candidate. the names of 104 persons were considered. the search committee appears to have short-listed .....
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..... for offences under section 406, 420, 120(b) ipc as against a1 to a3.3. on the written requisition of the investigation officer, the repco home finance ltd, anna nagar, chennai, the central bank of india, anna nagar, chennai and indian bank, kilpauk branch, kilpauk, chennai have freezed the bank accounts maintained by the petitioners.4. to quash the ..... in the complaint, subsequently, the defacto complainant took efforts and made the said owners to give general power of attorney to the first petitioner. however, on 27.12.2012, the first petitioner executed the sale deed with respect to the properties in favour of her mother vasantha(a-3) and on the same day, a-3 executed a ..... p.c. the said chapter consisting of section 105(a) to 105(l) was inserted in the code of criminal procedure on 20.7.1994 by way of central act 14/1993. it is intended by way of reciprocal arrangement for assistance in certain matters and procedures for attachment or forfeiture of the property. with regard to certain extra .....
Tag this Judgment!Court : Chennai
..... appellant : mr.lakshmi kumaran and in both cmas. mr.r.parthasarathy for respondents : mr.mohana murali for r1 in both cmas. central government standing counsel r2- tribunal common judgment (the judgment of the court was delivered by t.s.sivagnanam,j.) these appeals by the assessees are directed against the ..... the rate applicable to hardware was not sustainable. however, the bangalore bench of the tribunal in the case of bharti airtel ltd., vs. commissioner of customs 2012 (286) elt270(tri.bangalore) took a diametrically opposite view without referring the matter to a larger bench of the tribunal. therefore, it was contended on behalf ..... shastri bhavan annexe i floor, no.26, haddows road chennai 600 006. ... respondents in both cmas. civil miscellaneous appeals filed under section 130 of the customs act, 1962 against the miscellaneous order nos.40351 and 40354 of 2014 dated 04.02.2014 passed by the customs, excise and service tax appellate tribunal, chennai. for .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Chennai
..... of leave, composite transfer grant etc. 2. this letter takes effect from 1st january, 2006. 3. this issues with the concurrence of finance division of this ministry vide their uo no.2351/finance/pension dated 3.6.2009.? 10. the learned senior panel counsel submitted his arguments on the basis that the benefit of the aforesaid government letter ..... requisitions made by the applicant and ex-service league members were rejected by the 4th respondent and in consequence, the 5th respondent wrote a letter dated 27.03.2012 that the fixation as provided in para-5 of the notification, dated 11.11.2008 has been clarified through letter dated 8.3.2010 by inserting para 5 ..... the tamil nadu ex- services league bearing registration no.116/2010, an association duly registered under the registration of societies act, 1978, for the welfare of the retired persons from armed forces. 3. as per the v central pay commission, the pay of the honorary naib subedars was fixed at 50% of the minimum pay of honorary naib .....
Tag this Judgment!Court : Chennai
..... the mere establishment of an educational institution will not make such a trust, anything other than a wakf within the meaning of the act. 34.as a matter of fact, mr.d.nallathambi, learned central government standing counsel produced a copy of the introduction to the law of wakfs, containing the translated version of some portions of holy ..... would automatically fall in line. therefore, we would first take up the writ petition challenging the constitutional validity of the aforesaid provisions. w.p(md)no.15524 of 2012 22.we have already extracted section 32(1) as well as section 32(2)(g). the constitutional validity of these two provisions is challenged by mr.r.viduthalai, ..... appointed by the trial court, mr.veera.kathiravan, learned counsel for the 11th respondent in the civil revision petition in c.r.p (pd) (md)no.2461 of 2012, mr.d.nallathambi, learned counsel for the union of india, mr.b.pugalenthi, learned special government pleader for the state of tamil nadu, mr.k.k.senthil, learned .....
Tag this Judgment!Court : Chennai
..... of limitation is untenable. in support of his contentions, the learned counsel has relied upon the judgments made in tax appeal no.159/2006, dated 17.07.2012 (sapthagiri finance and investments vs. income tax officer), writ appeal no.371/2015, 2014, dated 17.06.2015 (the commissioner of customs vs. a.m.ahmed and ..... made. the same was given effect by notification dated 20.01.2014.whereas, under the cblr, 2013 having found the necessity to prescribe a period, the central board, the statutory authority had included the same in the regulations itself, when they were brought into force. therefore, when a time limit is prescribed in ..... the affairs of the customs broker including the revocation of the licence. the regulations contemplates action against the customs broker dehors the provisions under the customs act. therefore, the regulations cannot be treated as sub-ordinate legistlation. moreover, every implementing authority of any fiscal statute is only performing a public duty. therefore .....
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