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K.A.S. Khader Sahib and ors. Vs. State of Tamil Nadu and anr.

Court : Chennai

Reported in : AIR1983Mad383

..... the admitted case that the extent involved in this writ petition was not included in the section 4(1) notification.6. ..... having been acquainted with the procedure to be adopted under land acquisition act, which was framed as early as 1894, it is startling to note that such procedural errors could be committed by the state and to the detriment of the ..... and by a subsequent errata published, lands which could not have been included under section. ..... 6(1) of the land acquisition act, 1894 (act 1 of 1894) (hereinafter referred to as the act), the state cannot acquire the lands involved in the errate issued on 20-12-1978 and again by another errata dated ..... ' contends that when certain lands have not been already notified, beyond the period of three years from the notification already made in respect of the other lands, after the publication of ..... 4, sub-section (1) published after the commencement of the land acquisition (amendment and validation) ordinance 1967 shall be made after the expiry of three years from the date of ..... 9(3) of the act, costs is awarded in this ..... 6(1) of the act, which is to the following effect:-'provided that no declaration in respect of any particular land covered by a notification ..... 9(2) of the act, and since three enquiries have been so conducted, the petitioners apprehending that the authorities may dispossess them by further pursuing with the illegal action, have filled the present writ petition ..... 4(1) of the act was made on 14-3-1973, and an extent of 35.6 cents in .....

K.A.S. Khader Sahib and ors. Vs. the State of Tamil Nadu, Represented ...

Court : Chennai

Reported in : (1984)1MLJ350

..... the substantial point taken in this writ petition is that, by issuing an errata beyond the period contemplated under proviso to section 6(1) of the land acquisition act, (i of 1894) (hereinafter referred to as the act), the state cannot acquire the lands involved in the errata issued on 28th december, 1978 and again by another errata ..... , by referring to first proviso to section 6(1) of the act, which is to the following effect--provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 shall be made after the expiry of three years from the date of such publication.contends that when certain lands have not been already notified, beyond the period ..... of three years from the notification already made in respect of the other lands, after the publication of the section 6 declaration, no errata should be published, so as to include a land, which was never included as part ..... committed and the protracted course for seven long years the petitioners had to undergo in participating in the section 5-a enquiry, and thereafter in three enquiries under section 9(3) of the act costs are awarded in this writ petition.7. .....

Jayarama Mudaliar Vs. Ayyaswami Mudaliar and ors.

Court : Chennai

Reported in : (1969)2MLJ209

..... hamida bibi : (1949)2mlj534 , lays down that the doctrine of lis pendens is not to be extended to cover an involuntary alienation in execution of a mortgage decree, where the, mortgage was prior to the suit, relied on as operating to affect the rights of the parties under section 52 of the transfer of property act, and the rights of the purchaser in execution of the mortgage decree dates back to the date of the mortgage. ..... the 12th defendant to execute it on the ground that the sale having been found to be affected by lis pendens, the consideration for the sale has failed, and therefore the time taken should be excluded under section 14 of the limitation act, and that he should be allowed to execute the decree. ..... under section 7 of the land improvement loans act (xix of 1883), the loans granted under that act may be recovered : (a) from the borrower as if they were arrears of land revenue due by him; (b) from his surety, if any, as if they were arrears of land revenue due by him; (c) out of the land for the benefit of ..... the circumstances, therefore, i think it is sufficient if in the final decree proceedings, the trial court were to consider what were the properties for the improvement of which the loans under the land improvement loans act were taken by the first defendant, in respect of those properties alone the doctrine of lis pendens will not apply. ..... reddi : air1939mad256 , lays down clearly that the doctrine of lis pendens does not affect sales under the revenue recovery act. .....

Mattadhari Primary Agricultural Co-op. Bank Vs. Saroja Ammal and anr.

Court : Chennai

Reported in : 1997(1)CTC378

..... though the other reason given by the trial judge, namely, there is an estoppel created by the conduct of the petitioner in obtaining an order of interim injunction may not be quite relevant in considering an application for framing a preliminary issue, however, in view of the discretion exercised by the trial court in rejecting the application for framing the preliminary ..... section 156 of the said act imposes a statutory bar on the jurisdiction of the civil court with reference to an order of award passed, a decision or action taken or direction issued under the co-operative societies act by an arbitrator, a liquidator, a registrar or an officer authorised or empowered by ..... after considering the arguments advanced by and on behalf of the parties, learned trial judge held that the plaintiff is not a member or an employee of the co-operative society and hence, under rule 90, there is no statutory bar against the plaintiff to file the ..... it is well-settled that the decision of the court arrived at the time of considering the interlocutory orders does not decide the rights of the parties finally and can only be taken as the view expressed for the proper disposal of the ..... no doubt, it is true that when considering the question whether preliminary issue should be framed or not, the trial court may enter into the controversy to a certain extent whether the statutory bar operates or not for the institution of the suit and decide the question whether the suit can be decided on such a .....

Kwality Spinning Mills (P) Ltd. Rep. by Its Administrative Director M. ...

Court : Chennai

..... than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less that fifteen clear days' notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut ..... any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.11.14. ..... to levy the penalty for exceeding evening peak hour quota and hence the remedy of the petitioner lies in filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... has got a remedy of filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... tamil nadu electricity regulatory commission (hereinafter called the commission) to punish the tamil nadu electricity board by imposing a maximum punishment by passing appropriate orders in exercise of powers conferred in sections 142 and 146 of the electricity act, 2003.8.2. ..... in this context, to section 56 of the electricity act 2003 extracted below:56. .....

Guru Ragvendra Textiles Rep. by Its Manager D. Bhoopalakrishnan Vs. Ta ...

Court : Chennai

..... than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less that fifteen clear days' notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut ..... any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.11.14. ..... to levy the penalty for exceeding evening peak hour quota and hence the remedy of the petitioner lies in filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... has got a remedy of filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... tamil nadu electricity regulatory commission (hereinafter called the commission) to punish the tamil nadu electricity board by imposing a maximum punishment by passing appropriate orders in exercise of powers conferred in sections 142 and 146 of the electricity act, 2003.8.2. ..... in this context, to section 56 of the electricity act 2003 extracted below:56. .....

C.R. Textiles Mills Rep. by Its Manager K. Thiagarajan Vs. Tamil Nadu ...

Court : Chennai

..... than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less that fifteen clear days' notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut ..... any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.11.14. ..... to levy the penalty for exceeding evening peak hour quota and hence the remedy of the petitioner lies in filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... has got a remedy of filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... tamil nadu electricity regulatory commission (hereinafter called the commission) to punish the tamil nadu electricity board by imposing a maximum punishment by passing appropriate orders in exercise of powers conferred in sections 142 and 146 of the electricity act, 2003.8.2. ..... in this context, to section 56 of the electricity act 2003 extracted below:56. .....

Bharani Cotton Mills Rep. by Managing Partner Vs. Tamil Nadu Electrici ...

Court : Chennai

..... than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less that fifteen clear days' notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut ..... any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.11.14. ..... to levy the penalty for exceeding evening peak hour quota and hence the remedy of the petitioner lies in filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... has got a remedy of filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... tamil nadu electricity regulatory commission (hereinafter called the commission) to punish the tamil nadu electricity board by imposing a maximum punishment by passing appropriate orders in exercise of powers conferred in sections 142 and 146 of the electricity act, 2003.8.2. ..... in this context, to section 56 of the electricity act 2003 extracted below:56. .....

J.M. Mills (P) Ltd. Rep. by the Director Vs. Tamil Nadu Electricity Re ...

Court : Chennai

..... than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less that fifteen clear days' notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut ..... any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.11.14. ..... to levy the penalty for exceeding evening peak hour quota and hence the remedy of the petitioner lies in filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... has got a remedy of filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... tamil nadu electricity regulatory commission (hereinafter called the commission) to punish the tamil nadu electricity board by imposing a maximum punishment by passing appropriate orders in exercise of powers conferred in sections 142 and 146 of the electricity act, 2003.8.2. ..... in this context, to section 56 of the electricity act 2003 extracted below:56. .....

Jagadambal Textiles Rep. by the Partner Vs. Tamil Nadu Electricity Reg ...

Court : Chennai

..... than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less that fifteen clear days' notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut ..... any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.11.14. ..... to levy the penalty for exceeding evening peak hour quota and hence the remedy of the petitioner lies in filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... has got a remedy of filing an appeal before the appellate tribunal for electricity as per section 111 of the electricity act, 2003. ..... tamil nadu electricity regulatory commission (hereinafter called the commission) to punish the tamil nadu electricity board by imposing a maximum punishment by passing appropriate orders in exercise of powers conferred in sections 142 and 146 of the electricity act, 2003.8.2. ..... in this context, to section 56 of the electricity act 2003 extracted below:56. .....