Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed section 248 rights in respect of complaints appeals etc Court: chennai Year: 2012 Page 1 of about 1 results (0.081 seconds)

Tata Sky Limited, Mumbai and Others Vs. the State of Tamil Nadu Throug ...

Court : Chennai

..... thus "sale of goods" has a well established legal meaning in the general law of the topic and that the expression in entry 48 list ii of the government of india act 1935 (now entry 52 list ii) must be interpreted as having the same meaning. 73. the hurdle that the states faced by reason of the decision in ..... "sanctioning of cinematograph films for exhibition. " 57. the entry dealing with taxation on entertainment under list ii entry 62 corresponds to entry 50 list ii of the government of india act, 1935. we do not think, the decision relied on would be of any assistance to the petitioners in this case, for, the entry with which we are ..... in three landmark decisions of the apex court dealing particularly with entries pertaining to taxation, one falling under entry 54 list i of the government of india act, 1939 (entry 82 list i of the constitution of india, 1950 - tax on income other than agricultural income) in the decision reported in air 1955 sc 58 (navinchandra mafatlal vs. the .....

The Planters Association of Tamil Nadu. Vs. the Secretary to Governmen ...

Court : Chennai

..... more workers are employed by prescribing the duties, qualifications and conditions of service of the welfare officers as per section 18 of the plantations labour act 1951 based on that the state government has addressed to the government of india for approval of the draft rules and issued preliminary notification in g.o.ms.no.65 labour and employment (12) department, dated 25.04 ..... there is no infirmity in the enforcement of the provisions arising out of the said act. moreover, while notifying the provisions of welfare officers in the state of tamilnadu, government of tamilnadu has taken permission under section 43(3) of the plantations labour act, 1951 from the government of india and vide this ministry's letter no.s-66012/1/2005-ir(pl) dated 28 .....

R. Ekambaram Vs. the Government of Tamil Nadu Rep by Its Secretary Rev ...

Court : Chennai

..... petitioners especially when the petitioner plead that they have not received any compensation. hence, where the possession has not been taken over by the government such lands are also attracted the amending act 20 of 1999 and consequently, the government cannot claim any right over such lands. 13.as already held when the petitioners are in possession of the land, even assuming that ..... can be maintained only before the excess is determined under section 10. in our view, the scheme of the act is to the contrary. the view taken by the court following the decision of this court in t.r.thandur v. union of india, (1996) 3 s.c.c. 690: a.i.r. 1996 s.c.w. 700: a.i.r. 1996 ..... (prayer: this writ petition is filed under article 226 of the constitution of india praying for the issuance of a writ of certiorari calling for the records relating to the impugned order communicated in s.r.no.249/96c dated 4.3.2002 on .....

K. Jayalakshmi Represented by their Power of Attorney Geetha Sundar an ...

Court : Chennai

..... especially when the petitioner plead that they have not received any compensation. hence, where the possession has not been taken over by the government such lands are also attracted the amending act 20 of 1999 and consequently, the government cannot claim any right over such lands. 13.as already held when the petitioners are in possession of the land, even assuming ..... as requested by the petitioners, cannot be issued. in such circumstances, the petitioners have preferred the present writ petition before this court, under article 226 of the constitution of india. 8. in the counter affidavit filed on behalf of the respondents it has been stated that the original owner of the land in question, one baby ammal, wife of ..... can be maintained only before the excess is determined under section 10. in our view, the scheme of the act is to the contrary. the view taken by the court following the decision of this court in t.r.thandur v. union of india, (1996) 3 s.c.c. 690: a.i.r. 1996 s.c.w. 700: a.i. .....

The Government of Tamil Nadu. Vs. Ms. Mecca Prime Tannery and ors.

Court : Chennai

..... various sections of society and also avoiding speculative transactions relating to land in urban agglomerations.with a view to ensuring uniformity in approach government of india addressed the state governments in this regard; eleven states have so far passed resolutions under article 252(1) of the constitution empowering parliament to undertake legislation in ..... from this court. the land once vested in the state cannot be divested. there is no provision in the principal act or repeal act by which the lands statutorily vested in the government can revert to the owner.(xiii)after determination if the excess land, a notification under section 11(1) was issued ..... this behalf.21. it is, therefore, clear that the object of the impugned act was to secure the socialisation of vacant land in urban agglomerations .....

M/S. Eden Exports Company Rep by Its Partner Vs. Union of India, Rep b ...

Court : Chennai

Reported in : 2013WLR1; 2013(1)CWC378

..... and enhancing the competitiveness of micro, small and medium enterprises. from the statement of objects and reasons for enacting the act, it is seen that many expert groups or committees appointed by the government from time to time as well as the small scale industry sector itself have emphasised the need for a comprehensive ..... one should not forget that the decision of the facilitation council is not final and it is always subject to review under article 226 of the constitution of india and, therefore, the appellants are not left helpless. 22. an allied contention was raised with respect to bias in passing the award by the arbitrator, ..... supplier. according to the appellants and the writ petitioners, these clauses are in violation of article 14 of the constitution of india and against the provisions contained in the civil procedure code and the related acts. section 19, according to the appellants, which stipulates pre-deposit of 75% before challenging a decree, award or other orders .....

Shri Sathya Sai Warehousing and Logistics Park (Sss ) Pvt.Ltd. Vs. the ...

Court : Chennai

..... not come into play. the only question that remains to be considered is whether the line can be altered or relocated.10. section 164 of the electricity act, 2003 enables the appropriate government to draw an evacuation scheme and implement it and it is not in dispute. admittedly, no rules have been framed in terms of section 67 of ..... rendered by the division bench of this court referred to above. after the decision of the division bench in c.ram prakash and another vs. power grid corporation of india ltd., and another reported in (2011)8 mlj 593 that proposition does not hold good any longer. the order of the division bench reported in [(2011)8 mlj ..... ' property in february, 1974. the telephone lines and connections were thereafter given from time to time. till the landlord-tenant dispute arose between the appellant and purolator india ltd., no objection was raised by the appellant. no doubt in april, 1978 the appellant gave notice to the telegraph authority under sections 17 and 19-a of the .....

S.Kasiramalingam Vs. the Chief Secretary, Government of Tamil Nadu and ...

Court : Chennai

..... "upsc") or as the chairman of that or any other state public service commission, and as such he is prohibited for any other employment/appointment under the government of india and government of a state. (ii) article 319(a) and (d) shall be read together. the advocate general post is not higher than the post of member ..... for certain courts. the act extends to all the provinces of india. under section 1(2), it was made applicable to certain high courts of judicature including that at allahabad and to such other high courts within the meaning of clause (24) of section 3 of the general clauses act, 1897, as the provincial government by notification in the ..... official gazette, declare to be high courts to which this act .....

Arulmigu Vaithianathaswamy Devasthanam Rep. by Its Hereditary Trustee ...

Court : Chennai

..... is too well settled that if there is any lacuna in any rule, in order to fill up the same, so as to achieve the object of the act, certainly, the government can give instruction or issue administrative order in exercise of its power under article 162 of the constitution. but, at the same time, such instruction or order shall ..... or to make any order in respect of pay and allowances of the officer-holders and servants of the temple, such power flows to the government from article 162 of the constitution of india. 21. the learned senior counsel for the 5th respondent would rely on a judgement of the hon'ble supreme court in rai sahib ram jawaya ..... from article 162 of the constitution of india to issue administrative instruction to the trustees in respect of fixation of pay and emoluments of the office-holders and servants of the temples. he would also refer to section 116 of the hr & ce act in support of his contention. 12. the learned special government pleader would further submit that as per .....

The State of Tamilnadu Vs. Tvl.Eastman Spinning Mills (P) Ltd.

Court : Chennai

..... notification granting exemption. nevertheless, given the fact that the 'registered exporter' has been defined under the import and export (control) act by the apparel export promotion council sponsored by the government of india - ministry of textiles, the purchaser from the assessee thus being a certified registered exporter, the claim of exemption could not be ..... section 17 of the tamil nadu general sales tax act. in the light of the above, the tribunal upheld the order of the first appellate authority. aggrieved by the same, the revenue has filed the present tax case (revision).8. learned special government pleader appearing for the petitioner submitted that given ..... claim on waiver, the assessing officer had proceeded to pass the assessment order accordingly. however, on the revised return filed, even though learned special government pleader would contend that there was no revised return filed before finalising the assessment, yet, at page 131 of the assessment file, the revised return .....