Court : Chennai Madurai
..... performance of the agreement and reversing the trial court, the high court has fallen in error. (x) in n.b.namazi vs. central chinmaya mission trust, by its trustee, mrs.leela nambiar reported in 1987(100) l.w. 582, wherein the division bench of ..... 9. a person having secured a lease of premises for the purpose of his business may be in need of capital or finance or someone to assist him in his business and to achieve such like purpose he may enter into partnership with strangers. quite ..... at all, the discretionary relief shall not be granted. (x) in mrs.pappammal @ t.pappa vs. mr.p.ramasamy reported in 2012-4-l.w. 435, wherein this court held as follows: 23. in this case also, out of the total sale consideration of ..... of varghese and kuruvila. both of them have kept themselves away from the court. 14. section 20 of the specific relief act, 1963 preserves judicial discretion to courts as to decreeing specific performance. the court should meticulously consider all facts and circumstances of the .....
Tag this Judgment!Court : Chennai Madurai
..... finance act, 1994 and also penalty under section 77 (2) of the finance act, 1994. 2. the other writ petition in w.p(md)no.122 of 2017 is filed seeking for a direction forbearing the respondents from issuing any show-cause notices for the years 2012-2013 to 2015-2016. 3. heard the learned ..... and recovered under rule 14 of the cenvat credit rules 2004 r/w rule 6(3a)(c)(iii) of ccr and proviso to section 73(1) of the finance act, 1994 and interest at the rate prescribed under section 75 of the finance act 1994 and penalty under rule 15(3) of the cenvat credit rules, 2004 read with section 78 of the ..... petition in w.p(md)no.122 of 2017 is concerned, the petitioner seeks for a mandamus forbearing the respondents from issuing further show-cause notices for the year 2012-2013 to 2015-2016. i do not think that the petitioner can seek such blanket relief preventing the competent authority from exercising his statutory power or discharging his duties .....
Tag this Judgment!Court : Chennai Madurai
..... a suit against any person denying or interested to deny his title to such right, for a declaration of his rights under chapter vi of the specific relief act, 1963 (central act 47 of 1963); and the entry in the patta pass-book shall be amended in accordance with any such declaration." 9.7. it is to be relevantly ..... nos.4 to 7, contends that the patta in respect of the property in question initially was in the name of the fourth respondent's father sundaramoorthy pillai, till 2012. when the same came to be muted in favour of the petitioner, a patta was issued bearing no.2648 and furthermore, before effecting such mutation, no notice or ..... viz., (i)moorthy (ii)mohan (iii)buvanendran and (iv)ravichandran (writ petitioner) and resultantly, the separate patta transfer order was annulled as per order dated 26.10.2012 in str 558/12 in muthukulathoor circle office file number and in respect of the suit lands, the petitioners and the respondent therein were directed to establish their right before .....
Tag this Judgment!Court : Chennai Madurai
..... . in this regard, it is necessary to refer to the decision of the supreme court interpreting section 378(4) in the light of the amendment made to the code by central act 25 of 2005. the supreme court, vide its judgment in subhash chand vs. state (delhi administration) [2013 (2) scc 17], held that a complainant of an offence can file ..... was in 2009 that for the first time the parliament realized the need to think of victims under the criminal justice system. the need for making several amendments under the central act 5/2009 arose due to the development of public opinion on the need for victims to be given due place. dr.justice a.s.anand, the former chief justice of ..... the said proviso would have remained illusory, in spite of the amendment. the central government, by notification no.s.o.3313(e) dated 30th december, 2009, appointed 31st day of december 2009, as the date for the act. 5 of patna high court cr. app (db) no.1078 of 2012 dt.26-11-2013 2009 to come into force, which was published in .....
Tag this Judgment!Court : Chennai Madurai
..... exercise of such power. .......... sub-section (1) of section 36 is made subject to the fulfilment of the conditions prerequisite, (vi) in t.n.state electricity board v. central electricity regulatory commission reported in 2007 (7) scc 636, the hon'ble supreme court held, resort can be had to the legislative intent for the purpose of interpreting a provision ..... according to the rules of grammar. when the language is plain and unambiguous and admits of only one meaning, no question of construction of a statute arises, for the act speaks for itself. it is a well recognized rule of construction that the meaning must be collected from the expressed intention of the legislature. (11) in inland revenue ..... . 4. this court, in the case of d.r.premkumari vs. the director, the directorate of forensic science, chennai and another (w.p.(md) no.618 of 2012) decided on 03.10.2012 and also in the case of k.ramasamy vs. the principal secretary to government, chennai and others (w.p.(md) no.15959 of .....
Tag this Judgment!Court : Chennai Madurai
..... in k. muthuvadivelu vs. regional transport officer, vellore, n.a. district and another (air 1956 madras 143) that statutory rule cannot override the provisions of an act. the supreme court in the case the central bank of india and other v. their workmen etc., (air 1960 sc 12), held that a "rule must yield to the statute". following this various high ..... schools do not provide quality education. it is an irony that the people like their children to join professional courses, such as engineering, medicine etc. in government institutions. these self-financing schools constitute about 40% of total schools upto +2 level as of now. more importantly, these 40% of the schools cater the needs of the affluent, the upper middle ..... judgment dated 21.3.2011; (vii) w.a.(md)no.1088 of 2011, judgment dated 19.10.2011; (viii) w.a.no.2345 of 2011, judgment dated 5.3.2012; (ix) (2012) 5 mlj 670 (dr.s.sukumaran v. state of tamilnadu) rendered by one of us (npvj); and (x) w.a.no.474 of 2013, judgment dated 3.4.2013 .....
Tag this Judgment!Court : Chennai Madurai
..... highway accessories and materials stacked on such road or public bridge or causeway. but does not include a national highway declared as such by or under the national highways act, 1956 (central act 48 of 1956). "section 2(13): "highways authority" means the officer appointed under sub-section (2) of section 5;" "section 2(14): "highway boundary" ..... provisions. it is also made clear that while fixing the compensation to be paid to the persons from whom the lands are acquired, the provisions of the central act, 2013 have to be followed. the state is directed to conduct a feasibility study by seeking expert opinion to strike a balance between cost, extent of lands ..... by this court in w.p(md)no.2129 of 2012 and batch, dated 25.09.2014, hereunder [para.158]: "158. conclusion: from the above discussions, it is clear that the state act is repugnant to the provisions of the central act. the mandatory procedures contemplated under the state act have also been not followed. the road must first be .....
Tag this Judgment!Court : Chennai Madurai
..... promoter under the scheme will be kept in the subsidy reserve fund account (borrower-wise) in the books of the financing accounting process. no interest would be charged on this by the bank. it is the central government sponsored scheme by which subsidy is provided to the small farmers provided that they comply with the norms given by ..... clause, it is crystal clear that if the bank fails to recover the entire dues alone, the respondent can invoke clause no.4 of the letter dated 19.04.2012. since the respondent bank has recovered the entire amount, the benefit of subsidy should go to the petitioner. 7. the learned standing counsel for the first respondent submitted ..... paid and it was closed without payment of entire dues is not only an absurd interpretation but also it is against the statute, namely, the legal service authority act. he further submitted that every effort must be made to protect the interests of the entrepreneurs in order to make the business economy thrive in our country. in .....
Tag this Judgment!Court : Chennai Madurai
..... equally untainted amount. ? (ii) [2011] 164 comp cas 149 (ap) : [2011] 108 scl 491 (ap) b.rama raju vs. union of india (uoi) ministry of finance, department of revenue, represented by its secretary, (revenue) and others, wherein in paragraphs 37, 38 and 40, it has been held as follows: 37. section 8(1) clearly ..... m/s. bhagavathi textiles mills. he produced bogus and fabricated documents in connivance of one s. arivarasu, the then business development manager of m/s. global trade finance limited, coimbatore, availed loan facilities to the tune of rupees fifteen crores. on coming to know of this fraud, one b. surendran, vice president and branch ..... 2002 . the properties are liable to attachment under chapter iii of pmla, 2002. if the properties are not attached will frustrate further proceedings under the act and by order dated 10.05.2012, ordered provisional attachment of the properties. (viii) the respondent filed a complaint under section 5(5) of the pmla, 2002 against the appellants and .....
Tag this Judgment!