Judgment Search Results Home > Cases Phrase: forest act 1963 section 115 forest officer not to trade Court: chennai Page 23 of about 2,454 results (0.347 seconds)

The General Manager, Northern Railway Vs. the Metal Powder Company Lim ...

Court : Chennai

Reported in : (2007)1MLJ769

..... or conditions thereof such dispute or difference of opinion (except the matter regarding which the decision has been specifically provided for in the terms of the contract) shall be referred to the sole arbitration of an officer of the railway who shall be nominated for the purpose by the general manager, northern railway for the time being and his decision shall be final, conclusive and binding on the parties. ..... by pointing out the said provision, the learned counsel for the petitioner has submitted that the conditions which are required to be satisfied under sub-sections 1 and 2 of section 8 of the act by the court before exercising its powers are:(1) there is an arbitration agreement;(2) a party to the agreement brings an action in the court against the other party;(3) subject-matter of the action is the same ..... hence, the petitioner has filed the application under section 8(3) of the arbitration and conciliation act, 1996 praying the court below not to proceed with the suit any further and direct the parties to agitate their rights before the ..... the said application, according to the petitioner herein, the sole arbitrator, who is to be nominated by the northern railway, has not been appointed and hence, the petitioner has sought the assistance of the court 'to refer the parties to the arbitration in terms of the arbitration clause in the contract between the parties to the sole arbitrator being an officer of the northern railway in respect of the dispute raised in this suit. .....

The State of Tamil Nadu Represented by Its Commissioner Secretary to G ...

Court : Chennai

Reported in : (2006)4MLJ671

..... 12742 of 1992 contending that her services cannot better without following the provision under section 22 of the act and the procedure contemplated in rule 17 of the rules and since she had possessed the requisite qualification, the impugned orders are in violation of ..... . a plain reading of the portions which are extracted above would make it clear that though the government had not included the above course under the act, it has stated that the candidates holding pre primary certificates shall also be permitted to s t for screening test to be conducted by the director of government examinations subject to the condition that ..... there is no mention in the rules about the pre school teachers training certificate possessed by the first respondent and she does not possess nursery, montesseri or kinder garten school leaving certificate examination of the secondary grade e standards i and ii only and that being so, she is ineligible to be appointed as higher grade teacher also ..... the learned single judge that the first respondent shall be deemed to be in service from 01.08.1991 with proper qualification and in fact, it ought to have been held that the first respondent is not entitled to salar refore, the common order passed by the learned single judge has to be set aside. 12. ..... intended to verification of certificates of which pre school teachers training certificate is also included, does not make the first respondent eligible as per the rules to be appointed as elementar teacher and f .....

V.Sethuraman Vs. 1.The State Rep.By

Court : Chennai

..... motu or on application, call for an examine the record of any order passed or proceeding recorded under the provisions of this act by - (a)the inspector or the collector or any officer authorised by the inspector or the collector under sub-section (2) or (3) of section 218; or (b)any officer authorised by the government under sub-section (1) of that section or any officer empowered by them under sub-section (4) of that section; or (c) any other authority or officer; for the purpose of satisfying themselves as the legality or propriety of such order, or as to the regularity of such proceeding and ..... the appellant/petitioner has contended with great vehemence to the effect that since the chairman usilampatti has committed so many irregularities and also not cared the general public, no confidence motion has been brought in, in accordance with the rules contemplated under the tamilnadu panchayats act, 1994 and in support of no confidence motion, 11 members have raised their hands and the third respondent has immediately submitted a report to the first respondent ..... 02.2015 coram the honourable mr.justice a.selvam and the honourable mr.justice t.mathivanan w.a(md)no.115 of 2014 v.sethuraman .. ..... (md)no.115 of 2014 20.02.2015 .....

Chemplast Sanmar Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2004)83TTJ(Chennai)427

..... the cit(a) held that the order of priority of adjustment of tds, advance tax and tax credit under section 115ja had not been spelt out in the act, that one had to take recourse to the it rules, 1962, for this purpose, that r 12(1)(a) of the it rules, 1962, lays down that in the case of a company the return of income ..... the legislature because the legislature by insertion of sub-section (5) to section 115jaa has intended to give set off of mat credit against the difference between the tax on total income of the assessee and the tax which would have been payable under the provisions of sub-section (1) of section 115ja, and not on the total amount of tax and interest under sections 234b and 234c as understood by the rule-making ..... tax payable and hence the tax payable in any year is only the amount after set off of the credit under section 115jaa.for the purpose of computing the interest the amount of tax payable after the set off only should be taken.4.6 under sections 90 and 91 also tax paid in foreign country is set off before determining the tax liability as well as interest.4.7 ..... cart before the horse.6.5 there is force in the contention of the assessee's counsel that the set off of credit under sub-section (5) is against the difference between the tax payable under the normal computation and the tax payable on book profit, and that again under sub-section (6) credit is to be increased or decreased on the basis of increase or decrease of the tax liability, and that thus ..... trades .....

Burmah Shell and Storage and Distributing Co. of India Ltd., Madras Vs ...

Court : Chennai

Reported in : AIR1957Mad60

..... the decision of the appellate tribunal in the prior proceedings, that the three categories of employees, the depot superintendent, the assistant depot superintendent and the lady secretary, came within the scope of 'workmen' as defined by section 2(s) of the act, was a decision which fell within the first category of cases to which lord esher referred, the principle of which decision was approved of by their lordships of the privy council in 1956 1wlr289 . ..... the plea of the union, that the principle of res judicata should apply and that the company should not be permitted to re-open the question, was upheld by the industrial tribunal, and on appeal by the labour appellate tribunal. 4. ..... the company resisted that claim and pleaded that these three categories of employees were not workmen as defined by the act, and that any claim on behalf of those employees would not be an industrial dispute' within the cognizance of the industrial tribunal. 2. ..... the learned author observed: 'the 'determination or an appeal against an assessment for one year does not prevent the making of an additional assessment for the same year, if new facts are discovered; nor, on the other hand, does it create an estoppel by res judicata so as to prevent a point that has already been raised in one .....

V.R. Gopalakrishnan Vs. Andiammal and Chinna Perumal

Court : Chennai

Reported in : (2002)1MLJ728

..... section 12(2) of the act reads thus:-' any defendant may, by his written statement filed before the first hearing of the suit or before evidence is recorded on the merits of the claim but, subject to the next succeeding sub-section, not later, plead that the subject matter of the suit has not been properly valued or that the fee paid is not ..... of the materials and allegations contained in the plaint, the court comes to the conclusion that the suit has not been properly valued or that the fee paid is not sufficient, the court can call upon the plaintiff to amend the plaint and also pay the deficit court fee. ..... has further raised a plea that the plaintiff has to pay the court fee on the market value of the suit property as on the date of the suit as stated by the plaintiff, under section 40 of the court fees act and even according to the plaintiff, the suit property was worth rs.1,00,000/- in 1993. ..... the presence of the plaintiff is necessary, the first defendant took her to some office and asked her to put the left hand thumb impression in a number of ..... that when she expressed her need to get some loan, the first defendant under the guise of getting the loan, took her to some office and got her thumb impressions affixed in some papers. ..... the plaintiff when verified with the office of the sub registrar, came to understand that the first defendant had obtained sale deed from her in respect of the suit property for a consideration of rs.11,000/- and subsequently, he sold the property to the .....

The Commissioner, Coimbatore Municipal Electrical Undertaking Vs. A.V. ...

Court : Chennai

Reported in : (1991)405MLJ1

..... supreme court squarely apply to the facts of this case:we think the only reasonable way of construing section 4 in the light of the definition of employee in section 2(e) is to hold that a person whose services are terminated for any of the reasons mentioned in section 4(1) after the coming into force of the act is entitled to the payment of gratuity, if he has rendered continuous service for not less than five years, for that period during which he satisfied the definition of employee under ..... section 2(e) of the act.therefore, the question whether the first respondent in each of the cases had continued till the age of 58 years only under the ..... 'establishment' means-(i) any office or department of the government or a local authority, or(ii) any place where any industry, trade, business, manufacture or occupation is carried on. .....

Sakthi Masala Private Ltd. Rep. by Its Manager M. Nachiyappan Vs. the ...

Court : Chennai

Reported in : 2008(129)ECC24; 2008(155)LC24(Madras); (2008)6MLJ80

..... of the central excise act,1944, the recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded can be done by the central excise officer within one year from the relevant date, however, the proviso of the said section contemplates that where the excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded due to the reason of fraud, collusion or any wilful mis-statement or suppression of ..... based on the observations made in the above writ petitions, the respondents have also dropped further proceedings in respect of other two show cause notices relating to the manufacture of soap nut powder and the trading of cleaning powder apart from the above three items and the order of this court has become final.2(d). ..... according to the respondents, the only company which had registration certificate was one m/s.sakthi trading company, which is a proprietary concern with p.c.duraisamy, as its proprietor and using the said registration he has been clearing all disputed items in various names and manufacturing the goods in the same premises, viz., ..... sakthi trading company and all other manufacturing units have been suppressed and therefore, the respondents are entitled to invoke section 11a of the act.6 ..... simply because the petitioner is using the brand name and logo of m/s.sakthi trading company, the concession extended to the said proprietary concern cannot be extended to the petitioner, which is a different entity .....

Kancheepuram Murugan Silk Weavers Co-operative Production and Sales So ...

Court : Chennai

Reported in : (1991)2MLJ178

..... if this is allowed, every member of the society will come out with one suit claiming that he is the representative of all the other members of the society and there will be no end to it, and the very object of section 11, civil procedure code will be defeated thereby once a member is permitted to represent under order 1, rule 8, civil procedure code and the suit has been entertained, it is undoubtedly on behalf of all the members of the society and ..... learned counsel for the first respondent contends that the action of the special officer is not one under the act as he is not validly continuing in office. ..... the special officer by virtue of his office as such and exercise of his powers under section 88 of the act admitted members to the society. ..... section 156 of the act bars the jurisdiction of the civil court with regard to any order or award passed, decision or action taken or direction issued under the act by an arbitrator, a liquidator, the registrar or an officer. ..... the appellant was appointed as special officer of the society on 24.4.1989 under section 89 of the tamil nadu co-operative societies act, 1983, hereinafter referred to as the 'act'. ..... suit is that there should be a decree declaring that any person stated to have been inducted after 1.7.1989 as member of the society and the defendants to the suit had no rights to violate the provisions of law under section 89(1) of the act and the judgment of the high court reported in elumalai v. .....

Air Lanka Limited Represented by Its Manager Vs. John William Nathan a ...

Court : Chennai

Reported in : (1991)2MLJ304

..... in his counter has stated that the second respondent has rightly exercised the discretion under section 11-a of the act and awarded a lesser punishment restricting the punishment to stoppage of increment for three years, that since the introduction of section 11-a under the industrial disputes act, award of punishment is not an exclusive managerial function but is subject to review and interference under section 11-a of the act and that at the instance of the petitioner, the first respondent has given a letter ..... writ petition filed by the employer, this court had occasion to consider the scope of section 11-a of the act and after considering the decisions of the supreme court, observed that after introduction of section 11-ain the act, a power has been conferred on the labour court or the industrial tribunal to interfere with the punishment awarded by the management if it is satisfied that the punishment is not justified on the facts and circumstances of the case, but the power cannot be exercised ..... on 1.11.1981, wherein the first respondent has stated as follows:sir, i know that i have behaved very stupidly and i should have taken your permission be fore trying to take a bag from the office. .....