Court : Chennai
..... dated 25.6.2004 and ex.p27 revised technical collaboration agreement dated 10.6.2005, and the said agreements have not been stamped in accordance with the indian stamp act, and the contents of the said documents pertain to secret trial/research between the respondent/plaintiff and a third party and the same is not in consonance ..... the applicant viz. m/s. bajaj auto limited, has filed a suit in c.s..no.1111 of 2007 against the respondent herein (m/s. tvs motor company limited), praying for a judgment and decree for permanent injunction restraining the respondent/defendant therein from using the technology or manufacturing/marketing flame motorcycle or any other product that ..... passed in the earlier round of litigation's and reported in 2008 (36) ptc 417 (mad.) (bajaj auto limited v. tvs motor company limited) and 2009-3-l.w. 31 (division bench) (tvs motor company limited v. m/s. bajaj auto limited), and therefore, it is not necessary to restate the same once again except to deal with .....
Tag this Judgment!Court : Chennai Madurai
..... is transferred on payment of part of the consideration and handing over the possession of the property. it is relevant here to state that by the indian stamp (madhya pradesh second amendment) act, 1990 (act no.22 of 1990) few articles including articles 23 of schedule 1-a has bee substituted and explanation has been added to article 23. the ..... court would be entitled to admit the document because simply the parties say so. the jurisdiction of the court flows from sections 33, 35 and 38 or the indian stamp act and the court has to decide the question or admissibility. with all humility at our command we over-rule the judgment in the matter of laxminarayan (supra). (ii ..... rose mukundakumar, 2014 (2) ctc 157 : 2014 (2) lw 263, wherein in paragraph no.22, it is held as follows: 22. as per section 33 of the indian stamp act, a duty is cast upon the authority before whom, insufficiently stamped document is produced, to impound the same. in the light of the judgments of the honourable apex court and .....
Tag this Judgment!Court : Chennai
..... practically, there is no difference. one has to take care of the interest of the creditors under the provisions of the companies act as against qua unsecured creditors under the insolvency act. 21. learned counsel for the indian bank submitted that the liability is about rs.30 crores. therefore, we are of the view that the entire exercise at the ..... at any point of time. it is also not a case only between the secured creditor as against the unsecured. it rather involves the other creditors under the companies act. therefore, we are of the view that the decisions relied upon are not helpful to the case of the official assignee apart from the fact that even ..... in the following manner: ''we do not see any reason to interfere with the impugned order. we are informed that an appeal filed under section 583 of the companies act is pending before the division bench of the madras high court. the question involved in this petition is somewhat interconnected. therefore, we leave it open to the .....
Tag this Judgment!Court : Chennai
..... certificate was presented by the petitioner for registration and he paid the stamp duty of rs.32,75,000/-, by calculating the stamp charges as per article 18 of the indian stamp act. according to the petitioner, when sale certificate is to be registered, the stamp duty shall be calculated at the rate of 5% ie., rs.5/- for every rs ..... stamped to its face value, it was kept pending under rule 28(ii) of the registration rules and the same was intimated to the petitioner. article 18 of the indian stamp act has no application to the subject sale certificate, since it relates to the sale certificate granted to the purchaser of any property sold by public auction by a civil ..... was presented by the petitioner for registration and he paid the stamp duty of rs.32,75,000/-. the petitioner calculated the stamp charges as per article 18 of the indian stamp act. but, the 2nd respondent is demanding a sum of rs.13,10,000/- as additional stamp charges. it is the case of the petitioner that the said property .....
Tag this Judgment!Court : Chennai Madurai
..... : gunendra mohan ghosh v. corporation of calcutta, ilr 44 cal 689: (air 1917 cal 95) (p); ilr 25 mad 635 (supra) (n) and g. i. p. railway company v. the municipal corporation of the city of bombay, ilr 38 bom 565 at p. 573: (air 1914 bom 104 at p. 106) (q). the question was raised that as ..... pipe system and light arrangements. the respondents had ignored the above resolution and had decided to construct the road over bridge without providing service road. 23.5. the indian road congress specifies the standard for the service roads while constructing the bridge wherein it is stated that a minimum length of 3 meters have to be provided on ..... highway accessories and materials stacked on such road or public bridge or causeway. but does not include a national highway declared as such by or under the national highways act, 1956 (central act 48 of 1956). "section 2(13): "highways authority" means the officer appointed under sub-section (2) of section 5;" "section 2(14): "highway boundary" means .....
Tag this Judgment!Court : Chennai
..... without the approval of the owner of the land. while repealing sections of the electricity act i.e., section 185 of the act, make it clear that section 185 (2)(b) of the act, that the provision of the section 12 to 18 of the indian electricity act and the rules made thereunder shall have effect, until the rules under section 67 to ..... trust doctrine. furthermore, it is submitted that the proposed transmission line is for the backlog of power to an extent of 509.5mva to be used by 100 software companies and not intended for general public as initially advertised. in paragraph 22 of the affidavit filed in support of the writ petition, the petitioners have set out the ..... great oppression might result under the colour and pretence of law inasmuch as there will be no end of litigation. 21. the hon'ble supreme court in forward construction company and ors., vs. prabhad mandal reported in air 1968 sc 391, held that section 11 of cpc applies to public interest litigation as well. this court on facts .....
Tag this Judgment!Court : Chennai
..... are no longer res integra. a will must be proved having regard to the provisions contained in clause (c) of section 63 of the indian succession act, 1925 and section 68 of the indian evidence act, 1872, in terms whereof the propounder of a will must prove its execution by examining one or more attesting witnesses. where, however, the ..... is as to whether such contract can be unilaterally rescinded, particularly, in a case of sale deed. in this context, we may refer to section 62 of the indian contract act, 1872 which provides that contract which need not be performed. by that provision, any novation, rescission and alteration of a contract can be made only bilaterally. a ..... deed of cancellation will amount to rescission of contract and if the issue in question is viewed from the application of section 62 of the indian contract act, any rescission must be only bilaterally. see city bank n.a. vs. standard chartered bank and others, 2004 (2) ctc 374 (sc) : 2004 (1) .....
Tag this Judgment!Court : Chennai
..... the applicability of the maxim, generalia specialibus non derogant in relation to the operation of two statutes passed in the year, section 115 of the indian evidence act (act 1 of 1982) and section 11 of the indian contract act, in khan gul v. lakha singh reported in ilr 9 lahore 701 (fb), the court opined as follows: this brings us to the ..... he was arrested and kept in judicial custody in pursuance of the registration of crime no. 39 of 2000; the father is employed as an assistant in oriental insurance company and has a regular income to support himself and the minor as well as the appellant. the respondent on the date of institution of g and wc no. 5 ..... girl to be asked to give her option or to choose intelligently it is apparent that she is deeply attached to her mother and she is very comfortable in the company of her mother and grand parents." though the said decision has been rendered on the facts and circumstances of the case, where reckless allegations have been made, against .....
Tag this Judgment!Court : Chennai
..... error in assuming that the consent affidavits given for granting letters of administration in pursuance to the provisions of section 278 of the indian succession act, 1925 (act 39 of 1925), hereinafter referred to as the said act ?, could be construed as consent under section 307 thereof. 10. it is also sought to be pleaded in the appeal that ..... of any immovable property through depriving some of the legal heirs, while conferring title exclusively on one successor of the legal heirs. the consent was clearly to act as an administrator and once the property which had remained unadministered was sought to be gifted away, it was mandatory that notices be issued to the legal ..... the testator's estate. a purchaser would not have the benefit of the general rule protecting a purchaser from an executor, if the purchaser concurs in any act which manifests from the transaction itself that it is not the legitimate mode of administering the estate. if the nature of the transactions imports notice to him .....
Tag this Judgment!Court : Chennai
..... stated that the date of hearing of the case before the drt was fixed on 10.05.2000. ex.p-2 is form no.32 filed before the registrar of companies act, in which, it is stated that the plaintiff resigned on 25.11.1993 from the post of director of sigma soaps and surfactants ltd. this fact is also evident from ..... court in this suit. ex.p-3 is the promissory note, dated 17.12.1993 executed by the said company in favour of the defendants-bank, in which, the plaintiff has signed as director of the said company. in ex.p-4 letter of hypothecation of the indian overseas bank, dated 17.12.1993, the plaintiff has signed as a director of the ..... , for the costs of the suit and interest, if any, and to impose exemplary damages on the defendants to prevent recurrence of reckless acts of tort. 2. the case of the plaintiff is that the second defendant-indian overseas bank filed a debt recovery proceedings before the debts recovery tribunal-1, chennai, during 1999 for recovery of dues from one sigma soaps .....
Tag this Judgment!