Court : Chennai
..... of the leanred senior counsel for the petitioners that in the complaint only the alleged offence punishable under section 120 (b) of ipc and the provisions of the prevention of corruption act alone has been mentioned and therefore this court has jurisdiction to entertain these writ petitins cannot be countenanced. 44. at this juncture, ..... court, by the enforcement directorate, the offences alleged to have been committed by the accused were under section 120 (b) of ipc and the provisions of the prevention of corruption act. in such view of the matter, the present investigation carried on by the respondents against the petitioners will not come under the ..... non-cognisable offence. section 45 (1) (a) of the act was introduced by way of amendment under act 20 of 2005 by which the words "every offence punishable under this act shall be cognisable" were specifically omitted. therefore, when the offence under section 3 of the act is non-cognisable, then the respondents would have no jurisdiction .....
Tag this Judgment!Court : Chennai Madurai
..... need to get prior permission from any authority to fill the vacancies that would arise in the sanctioned post. unless the state government suitably amends the provisions of the act and the rules making it mandatory to obtain prior permission for filling up of those sanctioned non-teaching posts, the government could not issue ..... government orders. 6.1. this court is in entire agreement with the said submission. since there is no such provision in the act and the rules to seek prior permission, the 4th respondent could not rely on the government orders/government letters imposing condition seeking permission of the state government ..... of non teaching staff. 4. the learned counsel for the petitioner would submit that the school is governed by the tamil nadu recognized private schools (regulation) act, 1973 and the rules 1974 framed thereunder. section 19 stipulates the qualifications and the conditions of service of employees in private schools. section 20 speaks about .....
Tag this Judgment!Court : Chennai
..... provisions relating to arrest and detention of the defaulter. it cannot, therefore, be said that the recovery officer would act in an arbitrary manner. furthermore, section 30, after amendment by the amendment act, 2000, gives a right to any person aggrieved by an order of the recovery officer, to prefer an appeal to the tribunal. thus now an appellate forum has been ..... against the order of confirmation of sale passed by the recovery officer under rule 63 of schedule-ii. 16. in the case of "nazims continental and others vs. the indian overseas bank and others", in w.p.no.13210 of 2008 and analogous cases, a division bench of this court, vide order dated 29.4.2009, relied on the ..... the recovery officer to apply the said rules or not to apply the same in specific fact situations has not impressed us and is accordingly rejected." 17. in m/s.indian bank v. stanfroze agvet farms (w.p. no.19833 of 2007), it came to the notice of a hon'ble division bench of this court that the borrower challenged .....
Tag this Judgment!Court : Chennai
..... substituted with the expression "with the prior approval of the government" 20. thereafter, rule 149(1) of the tamilnadu co-operative societies rules, 1988, underwent another amendment in g.o.(ms).no.251, co-operation, food and consumer protection (cj1) department dated 07.08.2007, restoring the original position that the expression "with ..... or m.s., b.sc. (hons.), bsc., of any university or institution recognised by the university grants commission or the national diploma in commerce awarded by the indian council for technical education or d.r.s. (diploma in rural service) or m.co-op. post graduate diploma in cooperation and rural economics awarded by the ..... 17. in exercise of powers conferred by section 180 of the tamil nadu co-operative societies act, 1983 [tamil nadu act 30 of 1983], government have issued g.o.ms.no.212, cooperation, food and consumer protection department dated 04.07.1995, amending rule 149, as hereunder: "rule 149.- conditions of service of paid officers and servants .....
Tag this Judgment!Court : Chennai
..... remedy." 100. in poppatlal shah v. state of madras [air 1953 sc 274], this court while construing the word `sale' appearing in the madras general sales tax act, 1939 before its amendment in 1947, observed: "it is a settled rule of construction that to ascertain the legislative intent, all the constituent parts of a statutes are to be taken together, ..... the word 'any' in the context it has been used in clause (o) indicates that it has been used in wider sense extending from one to all. (v) in indian medical association v. v.p.shantha reported in air 1996 sc 550, the supreme court held that, the words `any ' and `potential' are significant. both are of wide ..... to india once in two years. when he came to india, he visited the property on 20.5.2009 and shocked to know that the abovesaid property was auctioned by indian bank, asset recovery management branch, chennai, the third respondent herein, for certain alleged dues of m/s.blue jaggers estates ltd. 4. the petitioner has further submitted .....
Tag this Judgment!Court : Chennai
..... procedure of court in case of question being asked without reasonable grounds), 151 (indecent and scandalous questions) and section 152 (questions intended to insult or annoy) of the indian evidence act, 1872. disposition: 44. on a careful consideration of respective contentions, this court, bearing in mind the entire conspectus of the attendant facts and circumstances of the present ..... by the court in its discretion. the provision was inserted in 1976 by way of caution. the omission of order xviii, rule 2(4) by 1999 amendment does not take away court's inherent power to call for any witness at any stage either suo motu or on the prayer of a party invoking the ..... not mean that no evidence can be received at all, after a party closes his evidence. it only means that the amended structure of cpc found no need for such a provision, as the amended code contemplated little or no time gap between completion of evidence and commencement and conclusion of arguments. another reason for its deletion .....
Tag this Judgment!Court : Chennai
..... referred to as the accused ]. 2. the accused stood charged for the offences u/s.341, 366, 354, 376, 302 and 201 read with 302 ipc and section 4 of the tamil nadu prohibition of harassment of women [amended] act, 2002. by judgment dated 29.09.2016, the trial court convicted him under sections 341, 376, 302 and 201 read with 302 ..... ipc and sentenced him to pay a fine of rs.500/- and in default, to undergo simple imprisonment for one week for the offence u/s.341 ipc ; to undergo imprisonment for life ..... accordingly, he gave the call details pertaining to the mobile number 9095763048 under ex.p.16. he has also given a certificate as required u/s.65-b of the indian evidence act. the said certificate is marked as ex.p.18. as per the said call details, on 23.11.2013, from the cell number 9995372070, there were two calls .....
Tag this Judgment!Court : Chennai Madurai
..... need to get prior permission from any authority to fill the vacancies that would arise in the sanctioned post. unless the state government suitably amends the provisions of the act and the rules making it mandatory to obtain prior permission for filling up of those sanctioned non- teaching posts, the government could not issue ..... impugned government orders. 6.1. this court is in entire agreement with the said submission. since there is no such provision in the act and the rules to seek prior permission, the 4th respondent could not rely on the impugned government orders/government letters imposing condition seeking permission of the ..... hence this writ petition. 4. the learned counsel for the petitioner would submit that the school is governed by the tamil nadu recognized private schools (regulation) act, 1973 and the rules 1974 framed thereunder. section 19 stipulates the qualifications and the conditions of service of employees in private schools. section 20 speaks about .....
Tag this Judgment!Court : Chennai
..... persuade us to draw an adverse inference from the refusal to produce the deliberations and the selection process in view of the provision of section 114 illustration (g) of the indian evidence act, 1872, as this material was evidence which could be and was not produced as it must have been unfavourable to the respondents. 5.3. it was submitted that such ..... legislature of the state, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both houses of parliament or the house or both houses of the legislature of the state may make during the session in which they are so laid. 4.5 ..... the executive. no case was alleged to have been made out in terms of an exception to be carved out in terms of section 124 of the indian evidence act, 1872 of public interest being liable to suffer and no affidavit claiming privilege was filed. 5.4. on the other hand, the learned advocate general strongly objected to any .....
Tag this Judgment!Court : Chennai
..... the special committee that the words "from the date on which possession has been delivered" were inserted into this clause by section 17 of the transfer of property (amendment) act, 1929 (xx of 1929). 42. this clause obviously applies to a situation where the ownership in the property has passed to the buyer before the whole of the ..... ex. 189. this clause confers statutory recognition on the english doctrine of equitable lien. as pointed out by the privy council in webb and anr. v. macpherson 30 indian appeals 238, the statutory charge under this paragraph is inflexible. the charge does not entitle the seller to retain possession of the property as against the buyer but it ..... the defendant had laid a false claim of ownership. the defendant cannot also lead oral evidence against a registered document and is precluded by section 92 of the indian evidence act. 42. the learned senior counsel for the defendant pointed out ex.d3 and ex.d4. ex.d3 is a letter allegedly written by the students of the .....
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