Court : Chennai
..... personally liable under the above said letter of promise, it could be see that the suit laid by the plaintiff is hit by section 69 of the indian partnership act, 1932. accordingly, the substantial questions of law formulated in this second appeal are answered against the plaintiff and in favour of the defendants. in conclusion ..... first defendant only to set at naught the rigour of the defence of maintainability of the suit raised by the defendants under section 69 of the indian partnerships act, 1932 by misusing the judicial process. 10. the plaintiff's counsel further contended that inasmuch as the plaintiff has sought the recovery of money in ..... plaintiff has given up his case as against the first defendant, without effecting consequential amendment of the plaint pleadings. when the defendants have in their written statement specifically pleaded that the suit is hit by section 69 of the indian partnership act, 1932, the plaintiff on giving up his case as against the first defendant, should .....
Tag this Judgment!Court : Chennai
..... performance of any contract to plead by way of defence any ground, which is available to him under any law relating to the contract. the provisions of the indian contract act, 1872 mandates that any offer and acceptance will become a valid contract, only if it is not vitiated by any of the conditions such as coercion, undue influcence ..... , the plaintiff, after knowing the transfer of the suit property in favour of the second defendant prior to filing of the suit for specific performance, ought to have amended her prayer to declare the transaction held prior to the suit as void. failure to do so renders her reliefless. 19. yet another question of law to be addressed ..... relief of specific performance, since the suit property differs in all particulars from the property conveyed under ex.b-1 as contemplated by section 9 of the specific relief act? 2) whether the lower appellate court is right in not considering the question that the sale deed ex.b-2, dated 04.03.1985 by the first defendant .....
Tag this Judgment!Court : Chennai
..... with these submissions it would be appropriate to notice various provisions of the customs act, 1962, which was enacted with a view to consolidate and amend the law relating to customs as the experience has shown that the provisions of sea customs act, though were substantially amended by the sea customs (amendment act) 1955 could not effectively provide for dealing with all aspects relating to imports ..... registration of cosmetics intended to be imported into india in form 42 by every importer and shall be accompanied by a fee of 250/- us dollars or its equivalent to indian rupees for each brand of cosmetics. under rule 129(c), the licensing authority was required to issue a registration certificate in form 43 subject to the conditions contained therein. there .....
Tag this Judgment!Court : Chennai
..... the demand broke down the landlords faith and expectation and the landlords were thrown pillar to posts by showing the tamil nadu buildings (lease and rent) control act, 1960 as amended by act 23 of 1973 as a weapon. a person who is occupying the landlords tenanted portion of the property as tenant must always bear in mind that he/she ..... have proved their bonafide requirement and they have succeeded in their claim u/s 10 (3) (a) (iii) of the tamil nadu buildings (lease and rent) control act 1960 as amended by act 23 of 1973. 11. it is my considered opinion that when the landlord had indicated about the type of business that the propose and pleadings need not necessary be ..... .no.1128 of 2009 for the relief of own use and occupation under section 10 (3) (a) (iii) of tamil nadu buildings (lease and rent) control act 1960 as amended by act 23 of 1973 stated that the revision petitioners are the absolute owner of the subject property and the land-lord of the premises bearing old door no. 118, new .....
Tag this Judgment!Court : Chennai
..... apprentice is entitled for preference. 24. an argument was advanced stating that the apprentice act as amended vide amendment act, 2014 has crystallized the rights of the petitioners in a more definite manner. the amended section 22(1) of the act states that every employer shall formulate its own policy for recruiting any apprentice who has completed ..... , while adopting the arguments of the learned additional advocate general reiterated the obligation cast upon the employer to frame regulation as per the amended section 22 of the act and this having been done, the petitioners cannot challenge the same and insist that they should not be subjected to the written test. ..... illegal. however, insisting upon the petitioners to apply along with the candidates from the open market is further arbitratory and against the spirit of amended section 22 of the act. placing heavy reliance on the judgment in the case of up transport corporation (supra) it is reiterated that apprentices, who have completed one .....
Tag this Judgment!Court : Chennai
..... code brought sections 106 to 124 within the domain of the executive by vesting the preventive jurisdiction under the code with the executive magistrates. a small amendment was made to section 107 by act 45 of 1978, which is indeed very insignificant. the provisions, as they stand now, are as under: "107. security for keeping the peace ..... order to prevent a further breach of peace, can the magistrate initiate proceedings under section 107. once a breach of peace has occurred, the provisions of the indian penal code will apply and those responsible for it will be accordingly brought to justice. section 107 is not required to take care of that contingency. it will ..... refer to the link http://www.hcmadras.tn.nic.in/madrasregulations.pdf] 4. after the assumption of sovereignty by the crown in 1858 (see government of india act, 1858), the indian penal code was brought into force with effect from 01.01.1862 along with the code of criminal procedure, 1861. the penal code devoted a separate chapter, .....
Tag this Judgment!Court : Chennai
..... may say that desertion per se was not a ground for the relief by way of divorce prior to the amendment of this section by the amending act of 1976, but was only a ground for the relief of judicial separation under clause (a) of sec.10(1) which was in identical terms. 24. the expression 'desertion' in ..... is also a ground for divorce. in our opinion, this can also be done by the legislature and not by the court. it is for the parliament to enact or amend the law and not for the courts. 21. we have carefully perused the grounds of appeal along with the impugned order. we have also perused the relevant materials and considered ..... husband of the respondent. their marriage was solemnized on 25.11.1998 at naziyanur. while the appellant was pursuing his bachelor degree in chemistry, he was put in employment in indian air force. thereafter, he had completed his m.a degree and obtained a diploma in radio communication engineering. on account of his educational qualification, he got promotion and now he .....
Tag this Judgment!Court : Chennai
..... appreciate the same. 12. the learned counsel for the appellant submits that the first appellate court had failed to note that the reserve bank of india amendment act, 2006 was passed to legitimise the 'contracts in derivatives' with retrospective effect with introduction of chapter iiid. section 45-u (a) of rbi ..... the respondent/accused had failed to establish the allegations that the cheques issued were of a different colour through a handwriting expert, as per section 45 of the indian evidence act, 1872. 28.the learned counsel for the appellant submits that when the transaction itself commenced from the year 2006, when no cheque could have been issued prior ..... mhc 4369) wherein at paragraph 49, it is laid down as follows: 49. .... in this connection, this court pertinently points out that under section 34 of the indian evidence act, 1872 the entries in 'books of accounts' kept in the course of business are relevant and as such, they are admissible whenever they refer to a matter into which .....
Tag this Judgment!Court : Chennai
..... to which they were parties. 27. the court may have to pass a decree for divorce by mutual consent of the parties, as now enacted by the amending act of 1976 in s 13b of the act. this is where the requirements of that section are satisfied and not otherwise. 28. on coming to the given case on hand, section 13(1) ..... was warned strictly. 33. doubtless, burden must lie on the respondent/husband to establish his case of cruelty, as contemplated under sections 3, 101 to 104 of the indian evidence act, 1872. ordinarily the burden lies on the party who affirms a fact, and not on the party to deny it. this principle accords with a common sense as it ..... the kind of degree of cruelty necessary to amount to a matrimonial offence has not been defined by any statute of the indian legislature relating to marriage and divorce; nor has the expression been defined in the matrimonial causes act, 1950, or any later enactment in england. the law on the subject had hitherto been gathered from decided cases and .....
Tag this Judgment!Court : Chennai Madurai
..... entitled to claim interest for this period of four years. the short point for consideration is whether this contention falls within the mischief of section 92 of indian evidence act. section 92 of indian evidence act runs as follows:- when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to ..... i.e. prior to date of the sale transaction, it will not affect the agreement of sale transaction. 5)the defence theory is hit by section 92 of the indian evidence act, unless there are circumstances which would prove that equity will suffer by enforcing the agreement for sale. (xv) in dr.vijayakumar rau vs. dr.b.manohar rama rau ..... intended to be an sale agreement and it must have been executed only as a security or as loan transaction, the bar under sections 91 and 92 of the indian evidence act has no application. 30. so far as the averments stated in the plaint are concerned, it cannot be stated that it is not in conformity with order .....
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