Court : Chennai Madurai
..... ) the legal heirs of daughter of periya patchai perumal are not entitled to any share in the suit property as she got married 50 years ago before the amendment to hindu succession act, 1956 and the hindu succession amendment act 1/90 which came into effect on 25.03.1989. 18. the learned counsel for the appellant relied on the following judgments:- i) air 1982 delhi 487 (citibank ..... to any share in the suit property as she was married 50 years back and daughters became entitled to share only from 25.03.1989 as per the amendment to hindu succession act 1956 by the amendment act 1/1990. this contention is contrary to law. the first respondent stated that periya patchai perumal died in the year 1958. no contra evidence was produced either by .....
Tag this Judgment!Court : Chennai Madurai
..... ii of the schedule. a division bench of the karnataka high court, held that the claimants, viz., brothers and sisters, who fall under class-ii heirs, as per hindu succession act, would be entitled to maintain a claim. (h) in new india assurance co. ltd., v. ashwin vrajlal rajgor reported in 2005 acj 1618, a hon'ble division ..... there is some defect in the phraseology used by the legislature the court cannot aid the legislature's defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is for others than the courts to remedy the defect." (q) in ..... the persons for whose benefit such application can be made are thus indicated in section 110-a of the act." interpreting section 110-a (now amended as section 166(1)), vis-a-vis, a corresponding provision in the fatal accidents act, 1855, the apex court further held that, "these provisions are not merely procedural provisions. they substantively affect .....
Tag this Judgment!Court : Chennai Madurai
..... includes any other court which the state government may, by notification in the official gazette, specify in this behalf." 11. the applicability of section 22 of the hindu succession act in respect of the coparcener is raised as an issue. reading of section 22 gives a clear picture that the provision does not indicate that the application of section ..... : 8.1. the plaintiff is not a coparcener and hence, she is not entitled to claim any right of preemption as provided under section 22 of the hindu succession act. 8.2. when the first defendant and the third defendant specifically pleaded about the factum of consent given by the plaintiff, the lower appellate court has simply ..... as he has purchased the property knowing fully well about the specific share of the plaintiff in the suit property. 2.4. the plaintiff also by way of amendment questioned the further alienation of the suit property by the third defendant in favour of his wife, namely, the seventh defendant. 3. the suit was contested by .....
Tag this Judgment!Court : Chennai Madurai
..... (scheduled castes) orders amendment act, 1990 no.15 of 1990 and the subsequent directions of the state government, in g.o.ms.no.1597 adi dravidar and tribal welfare department dated 27.09 ..... in the certificates, to which community he/she belongs, as listed in g.o.ms.no.1773, sw, dated 23.06.1984. for example, in the case of hindu pallan, hindu paraiyan, hindu-adi dravidar as the case may be scheduled caste status is given only to those who follow the faiths of hinduism, sikhism, or buddhism, as per government lt.(ms ..... .).no.60, ad and tw, dated 13.03.1991 and government letter (ms) no.104, ad and tw, dated 11.09.1996). 7. thus, as per the revised amended constitution .....
Tag this Judgment!Court : Chennai Madurai
..... by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 330.] amendment act, 2008.- clauses 25 and 26 amend sections 328 and 329 related to procedure of enquiry and trial in case of person of unsound mind. the clauses provide that if the magistrate finds that ..... accused himself has reported that he is suffering from mental disease. further he would say in his evidence that even at the time of giving treatment, the first accused has acted as a normal man. therefore, the evidence adduced on the side of the first accused (both oral and documentary) for proving his alleged insanity cannot be accepted. 20. ..... . 28. the specific evidence given by pw8, post-mortem doctor is that the deceased died of head injury. therefore, the court cannot come to a conclusion that the act of the first accused would come within the purview of section 323 of the indian penal code. 29. as stated in many places, the first accused has also been .....
Tag this Judgment!Court : Chennai Madurai
..... usage primarily existing stood abrogated, for want of mutuality. it seems to me impossible to accept this argument for the simple reason that in spite of the christian succession act ' the law of the hindu nadar remained the same and should govern the devolution of his property. part of that law was an established usage whereby apostasy did not work any forfeiture of ..... nadar v. muthiah nadar, 34 trav li 503: 1944 trav lr 595 (fb) and render judgment in the case. learned counsel stated that the christian succession act had been enacted only to consolidate and amend the rules of law applicable to intestate succession among the indian christians in. travancore and the legislation had not interfered with or abrogated the customary law followed by the .....
Tag this Judgment!Court : Chennai Madurai
..... a writ of mandamus, directing the first respondent to consider the petitioner's petition dated 11.06.2012 to file a suit under section 59 of the hindu religious and charitable endowment act, 1959.) [prayer amended as per the order of this court dated 14.08.2012 made in m.p.(md)no.3 of 2012] order 1. the petitioner in this writ ..... petition originally sought for a direction to give permission to him to file a suit uner section 59 of the tamil nadu hindu religious and charitable endowments act, 1959 [hereinafter .....
Tag this Judgment!Court : Chennai Madurai
..... which is a general law. sub-sections (4) and (5) of section 14 of the act, have been substituted by section 2 of the tamil nadu prohibition (second amendment) act, 1990 (tamil nadu act 24 of 1990). section 14(4) of the tamil nadu prohibition act, 1937, completely covers the field of operation, as regards the powers of the competent authorities to ..... due care, as per decision david v. sakthivel, reported in 2010 1 mlj (crl) page 929 (mad). 13. as a matter of fact, after the amendment to tamil nadu prohibition act, 1937, the onus is shifted on the part of the owner of a vehicle to establish that he exercised due care in preventing the commission of the offence ..... , in dismissing the petition, for return of the vehicle, alleged to have been involved in g.3.cr.no.1368 of 2014, for the offences under the tnp act, cannot be said to be manifestly illegal, warranting interference." 12. it is to be relevantly pointed out that the confiscation of vehicle involved in prohibition offence is not mandatory .....
Tag this Judgment!Court : Chennai Madurai
..... government of tamil nadu vs. peria pallivasal - {2000-1-l.w.154}, a learned judge of this court took note of section 14-a of act 26 of 1948, inserted under the amendment act 49 of 1974 and yet concluded that the rights of the holder of the patta should be protected. the said decision was followed by another learned judge ..... in question is that under section 14-a(2) of act 26 of 1948, inserted by way of amendment under the tamil nadu act 49 of 1979, any ryotwari patta granted in respect of any private tank or oorani under act 26 of 1948, before the date of publication of the amendment act, shall stand cancelled. therefore, the case of the petitioner ..... if so analysed, it will be clear that the tank attached to a temple, managed either privately or by the department of hindu religious and charitable endowments, would not come within the purview of section 14-a of act 26 of 1948. hence, the very basis on which the petitioner has approached this court is completely wrong. 23. heavy reliance .....
Tag this Judgment!Court : Chennai Madurai
..... to be remembered that second respondent/joint commissioner, hindu religious and charitable endowments department, madurai, has no jurisdiction at all to initiate proceedings under section 26 (h) (4) of the hrandce act, especially the powers under section 26 cannot be invoked against trustees appointed on succession. also that by virtue of section 53 (1 ..... it is observed as under:- the object behind enacting section 33 of the id act, as it stood before the 1956 amendment, was to allow continuance of industrial proceedings pending before any authority/court/tribunal prescribed by the act in a peaceful atmosphere undisturbed by any other industrial dispute. in course of time ..... , it was felt that unamended section 33 was too stringent. therefore, it was amended in 1956 permitting the employer to make changes in conditions .....
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