Court : Chennai Madurai
..... conditions if the adjudicating officer may require. further, it is also brought to our notice the recent notification no.81/2011, dated 25.11.2011, issued by the government of india, wherein it is stated that if the importer or exporter, as the case may be, execute a bond in an amount equal to the difference between the duty ..... perused the entire materials placed on record. in the present case, it is not in dispute that the goods can be released provisionally. section 110(a) of the customs act deals with provisional release of goods, documents and things seized pending adjudication and it reads as follows:- "any goods documents or things seized under section 110, may, pending ..... entry no.2371179 dated 29.11.2010 for assessment and clearance of the said goods. the appellants had not passed any order under section 110(a) of the customs act and also not provisionally released the goods in spite of repeated reminders. the respondent has filed a writ petition in w.p.(md)no.6961 of 2012. along .....
Tag this Judgment!Court : Chennai Madurai
..... legal action. 10. either the statutory rules or executive instructions as to the guidelines is yet to be framed by the government of india and/0r the state governments in consultation with the medical council of india. therefore, as per the above judgments of the hon'ble supreme court, a private complaint is entertainable only when the ..... of the accused doctor. (ii) the investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion, preferably from a doctor in government service, qualified in that branch of medical practice who can normally be expected to give an impartial opinion applying the bolam ..... differs in civil and criminal law and for negligence to amount to an offence, the element of mens rea must be shown to exist and for an act to amount to criminal negligence, the decree of negligence should be much high degree. there is no dispute with this. 7. the point for consideration in .....
Tag this Judgment!Court : Chennai Madurai
..... and for being, a member of the legislative assembly or legislative council of a state - (a) if he holds any office of profit under the government of india or the government of any state, specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder; ..... case may be. the 'appropriate authority' for a listed temple u/s 46 (iii) of the act, is government for invocation of powers u/s 47 and 53 of the act. 4.8. under section 53 of the act, any disciplinary proceedings against existing and serving trustees could be initiated. however, any disqualification proceedings against any ..... their explanations/objections (including objection as to the jurisdiction of the second respondent) to hold enquiry. the documents, which were required by the trustees under the rti act are relating to enquiry. as such, a reply was given that those documents shall be furnished after completion of enquiry. the other informations were furnished as per .....
Tag this Judgment!Court : Chennai Madurai
..... was reiterated by the court in satwant singh sawhney v. dr.ramarathnam, assistant passport officer, government of india, new delhi and smt.indira nehru gandhi vs. raj narain. 41. there still remains the question whether the seizure of wheat amounts to deprivation of property without ..... because the legislature of the state has power to legislate in regard to the subject on which the executive order is issued. it was observed: every act done by the government or by its officers must, if it is to operate to the prejudice of any person, be supported by some legislative authority. the same principle ..... does not provide enquiry by the registering officer with regard to the right and ownership of the seller. thus, the authority concerned are bound to act only in accordance with act and rules framed thereunder. time and again, this court as well as the supreme court has held that the registering authority has no power to .....
Tag this Judgment!Court : Chennai Madurai
..... transmission licensee in the capacity of state transmission utility as envisaged under sections 39 and 40 of indian electricity act, 2003 (in short '2003 act'). under section 164 of the 2003 act, the appropriate government (the state government herein) by an order in writing may provide for the purpose of placing of electricity line or electricity poles ..... tneb vs. m.sengu vijay) (iii) air 2000 madras 56 (s.kannappan vs. commissioner, tiruvottiryur municipality) (iv) air 2011 patna 83 (power grid corporation of india vs. ram naresh singh) 22. i have heard the submissions made on either side and perused the materials available on record. 23. in view of the submissions made ..... of the board in erecting electricity line/towers in the lands of the petitioners is in violation of articles 14 and 300a of the constitution of india. hence, the petitioners have filed the present writ petitions seeking for a direction from this court forbearing the respondents/board from in any way constructing high .....
Tag this Judgment!Court : Chennai Madurai
..... madurai north, confirmed the disallowance of exemption and remitted the case to the first respondent for imposing penalty, if any, leviable under section 12(5) of the tngst act. 1.5. the petitioner company being aggrieved by the said order filed appeals before the sales tax appellate tribunal, madurai bench, in m.t.a.nos.1051 and ..... reported in 2001 (8) jt 271, held that when section 5 of the limitation act is not applicable to the proceedings, article 226 of the constitution of india cannot be used as a magic wand to get over the bar of limitation. 19. tngst act is the self-contained statute and section 31(1) and the first proviso of the ..... prior to 1992 act and in the light of the same coupled with the fact that the petitioner was diligently prosecuting the case, the alleged delay ought to have been condoned and the second respondent ought to have disposed of the appeal on merits and therefore, prays for interference. 4. mr.r.karthikeyan, learned additional government pleader appearing .....
Tag this Judgment!Court : Chennai Madurai
..... misconceived. 15.the second contention made on behalf of the respondents that the employees working in co-operative societies are governed by the provisions of the factories act, and under the factories act, the retirement age of the employees is only 58 years, further, the special bylaws for the employees of tcmpf ..... the whole concept of cooperatives has undergone a major change. in 1993, the local self-governments, viz., panchayats and municipalities were also given constitutional status under parts ix and ixa of the constitution of india by the 73rd and 74th amendments. the statement of objects and reasons would show that the ..... shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies." (emphasis supplied) 11. part ixb of the constitution of india is titled as "the cooperative societies". a few provisions would be relevant for our consideration. article 243zh(b) defines "board": "243zh(b) "board" means .....
Tag this Judgment!Court : Chennai Madurai
..... to pass an order directing the petitioner to return her enrolment certificate and original identity card, because the first respondent is an autonomous body governed by the regulations under the advocates act. .......... 12. though i am surprised by the action of the registrar administrative side of the registry of this court in ratifying her ..... but also, because of entry of criminal elements into the profession by taking advantage of loop holes in 50 year old the advocates' act, 1961 and the bar council of india rules regarding admission to law colleges and lack of effective fool proof procedure for enrolling law graduates as advocates. the present pitiable status ..... the demand, making the profession overcrowded, which needs to be curtailed. this court hopes that the above facts would be considered by the bar council of india, in proper perspective, to improve the standard of legal education as well as the standard of legal profession. justice k.ramasamy, retired supreme court judgeand a .....
Tag this Judgment!Court : Chennai Madurai
..... to lay four lane national highway connecting kerala tamil nadu border kanyakumari division. in furtherance to the same, the government of india/1st respondent issued a notifications under section 3a(1) of the national highways act, 1956 (in short nh act) in government gazette in s.o.no.399(e) dated 17.02.2010 and s.o.670(e) dated 23.03.2010 and the ..... notification no.670(e), it is stated by the respondents in the counter that the notification under section 3-a(1) of the nh act was issued by the government on 23.03.2010 in the official gazette of india no.547 s.o.no.670(e) and the same was published in two dailies viz., new indian express and dinathanthi on 27 ..... .04.2010. thereafter, the declaration notification under section 3-d(1) of the nh act was published in the gazette of indian in 374 s.o .....
Tag this Judgment!Court : Chennai Madurai
..... the specified bank notes; now, therefore, in exercise of the powers conferred by sub-section (2) of section 26 of the reserve bank of india act, 1934 (2 of 1934), the central government hereby declares that the specified bank notes shall not be ceased to be legal tender, with effect from the 9th november, 2016 until the 11th ..... s.o. 3416(e). in exercise of the powers conferred by sub-section (2) of section 26 of the reserve bank of india act, 1934 (2 of 1934), the central government hereby amends the notification of the government of india, ministry of finance, department of economic affairs number s.o. 3408(e) dated the 8th november, 2016 published in the gazette ..... 5 now, therefore, in exercise of the powers conferred by sub-section (2) of section 26 of the reserve bank of india act, 1934 (2 of 1934) (hereinafter referred to as the said act), the central government hereby declares that the specified bank notes shall cease to be legal tender with effect from the 9th november, 2016 to the .....
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