Court : Chennai
Decided on : Jul-04-2014
..... the cmda. they further submit that but for that observation by the hon'ble bench, there is no corresponding legislative enactment or amendment in the electricity act, warranting or justifying such a demand of completion certificate / no objection certificate from the chennai metropolitan development authority. in fact earlier ..... authority with effect from 10.06.2003, as the said condition was inconsistent and contrary to the central act as the electricity supply is in the concurrent list of the indian constitution.3. the petitioners additionally added that at present, the tamil nadu electricity board started demanding completion certificate ..... / no objection certificate for providing service connection without any such specific amendments to enable provisions, viz., section 43 of the electricity act, 2003 (central act 36 of 2003). .....
Tag this Judgment!Court : Chennai
Decided on : Jul-04-2014
..... perused the materials available on record.5. it is the grievance of the petitioner that the second respondent is acting on an unapproved amended bye-laws as per the provisions of the tamil nadu societies registration act and the society cannot act on an unapproved bye-law. hence, he has filed a complaint/ representation against the second respondent society. but ..... first respondent on 18.07.2013 issued a copy. it is seen therefrom that the original bye-laws remain un-amended as per the official records. but the society is acting on the basis of the so called amended bye-laws. hence, the petitioner has made a representation on 10.01.2013 to the first respondent to take action ..... a writ of mandamus to direct the first respondent to take action under section 36 of the tamilnadu society registration act on the basis of the petitioner's complaint dated 10.01.2013, pertaining to the amendment made to the bye-laws of the 2nd respondent society in the extraordinary general body meeting held on 23.12 .....
Tag this Judgment!Court : Delhi
Decided on : Jul-07-2014
..... in terms of the said provision it would not be necessary to implead the appellants in the suits filed in this court. section 19 of the specific relief act, 1963 reads as under:- 19. relief against parties and persons claiming under them by subsequent title.- except as otherwise provided by this chapter, specific performance of ..... plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877), section 22, the ..... persons claiming under them are necessary parties and persons claiming adversely to the vendor are not necessary parties. it was submitted that section 19 of the specific relief act, 1963 is exhaustive and only parties to the contract could be made parties to a suit for specific performance. it was contended that the scope of the .....
Tag this Judgment!Court : Delhi
Decided on : Jul-07-2014
..... in terms of the said provision it would not be necessary to implead the appellants in the suits filed in this court. section 19 of the specific relief act, 1963 reads as under:- 19. relief against parties and persons claiming under them by subsequent title.- except as otherwise provided by this chapter, specific performance of ..... plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877), section 22, the ..... persons claiming under them are necessary parties and persons claiming adversely to the vendor are not necessary parties. it was submitted that section 19 of the specific relief act, 1963 is exhaustive and only parties to the contract could be made parties to a suit for specific performance. it was contended that the scope of the .....
Tag this Judgment!Court : Delhi
Decided on : Jul-07-2014
..... in terms of the said provision it would not be necessary to implead the appellants in the suits filed in this court. section 19 of the specific relief act, 1963 reads as under:- 19. relief against parties and persons claiming under them by subsequent title.- except as otherwise provided by this chapter, specific performance of ..... plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877), section 22, the ..... persons claiming under them are necessary parties and persons claiming adversely to the vendor are not necessary parties. it was submitted that section 19 of the specific relief act, 1963 is exhaustive and only parties to the contract could be made parties to a suit for specific performance. it was contended that the scope of the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-08-2014
..... state legislature. making of such rules following due procedure is, therefore, sine qua non for the opwt23/14 -:4. :- tribunal to act in terms of the amendments brought in as per the amending act as regards its composition. this is so, though the rule of laying noted here does not prescribe the prior approval of the state ..... another from persons having knowledge of muslim law and jurisprudence. the three sources are more particularly described in the act as amended. 5.as per sub-section 4a introduced through the aforenoted substitution as per the amending act, the terms and conditions of appointment, including the salaries and allowances payable to the chairman and other members other ..... in charge of the tribunal to discharge all functions and powers of the tribunal in terms of the provisions of the act. see - abdulla shahul hameed v. state of kerala [2012 (3) klt324. 9.the amending act has changed only the composition opwt23/14 -:10. :- of the tribunal as provided in sub-section 4 of section .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-08-2014
..... , shall, within a period of two years from such commencement, enhance its paid-up capital to one lakh rupees. (4) every public company, existing on the commencement of the companies (amendment) act, 2000, with a paid-up capital of less than five lakh rupees, shall within a period of two years from such commencement, enhance its paid-up capital to five lakh ..... , it will be evident that 'company' as defined in section 3 of the indian companies act, 1956, come within the definition of section 45i-(aa) of the r.b.i. act. section 3 of the indian companies act, 1956, defines 'company', including the companies integrated under the indian companies act, 1956, indian companies act, 1982, indian companies act, 1913, etc. as evident from the said provision, which reads as follows: 3 .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-08-2014
..... a scheme or management of an existing trust. the properties here, he submits, are not jointly owned. the suit is, in actuality, for a declaration under the indian trusts act, a statute that is silent about the mode of distribution. there is also no sufficiently comprehensive provision in the cpc dealing with such a situation. therefore, the court ..... scheme, as originally placed before the court on 31st january 2013 and again on 20th february 2013. a draft amendment was also submitted. i have allowed that amendment by a separate order dated 2nd july 2014. that amendment seeks to add a prayer asking this court to allot one of the two lots to each group in accordance ..... justitiae. this requires the monetary value of each groups share to be safeguarded. there is no restraint, he submits, on a court-ordered sale, unlike under the partition act. 31. mr. randerias next two submissions are, in my view, incapable of acceptance. he says that the commitments made by the plaintiff on affidavit were on a .....
Tag this Judgment!Court : Delhi
Decided on : Jul-08-2014
..... on the appeal alone.19. the counsel for the appellant / plaintiff has raised the same two arguments as urged before the learned single judge, in opposition to the amendment sought by the respondent / defendant no.1 of the written statement to incorporate the counterclaim i.e. of the counterclaim being barred by time and of the respondent / ..... exercise of ordinary original civil jurisdiction in cs(os) no.1687/2006 filed by the appellant) of allowing the application of the respondent / defendant no.1 for amendment of the written statement.2. the appeal was accompanied with an application for condonation of 12 days delay in filing thereof. notice only of the application for condonation ..... deletion only, no written statement to amended plaint was required to be filed.11. on 1st august, 2012, the following issues were framed in the suit: 1. whether the suit is liable to be dismissed for deficient court fee?. (opd) 2. whether in terms of section 7 of the court fee act, the plaintiff had to pay .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-09-2014
..... copy thereof: provided that, in case of such instruments executed on or after the 4th july, 1980, to the date of commencement of the bombay stamp (amendment) act, 1985, an extract of the instrument to be taken from the registration record shall be deemed to be the true copy accompanying the instrument, presented for ..... : provided further that, in respect of references pending with the collector of the, district, before the commencement of the maharashtra tax laws (levy second amendment and validation) act, 1996, for determination of true market value of the immovable property which is the subject matter of the instrument, the person liable to pay the ..... of such property: provided that, in respect of the instrument presented for registration before the date of commencement of the maharashtra tax laws (levy, second amendment and validation) act, 1996 where, in the opinion of the registering officer, the true market value of the immovable property, which is the subject matter of the said .....
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