Court : Chennai
Reported in : [2003]114CompCas747(Mad); [2003]47SCL710(Mad)
..... no pending suit or other legal proceedings shall be continued without leave of the court.(3) as a necessary corollary, the question of obtaining leave to institute a suit or other legal proceedings or to continue pending suit or other legal proceedings before the order of winding up or appointment of provisional liquidator does ..... hand, the arbitration act is a special enactment providing for settlement of disputes between the parties. the object of the arbitration act is to consolidate and amend the law relating to domestic arbitration, international, commercial arbitration and enforcement of foreign arbitral award as also to define the law relating to conciliation and for matters ..... , their incorporation, working and winding up. of course, the companies act is a general enactment. the object of the companies act is to consolidate and amend the law relating to companies and certain other associations. chapter ii of part vii relates to winding up by the court. section 433 of the act relates .....
Tag this Judgment!Court : Chennai
Reported in : 2003(2)CTC129; (2003)2MLJ164
..... rights of the tenants under both the provisions are taken away which is unreasonable. it is further contended that the classification made under the amending act between the leases under the religious institutions and the leases under other category is also unreasonable and arbitrary as there is no nexus with the object that is sought to be ..... any right over the property, then naturally the contentions raised by the learned counsel for the petitioners that by virtue of the present amendment the rights of the tenants under the religious institutions over the property is taken away, has to be rejected more so especially in view of the following passage:'neither the 1955 act ..... the learned counsel for the petitioners.65. issue no.4: coming to the last question of the validity of section 3 of amending act 2 of 1996, it is clear that the proceedings instituted by the tenant in respect of any land owned by any religious charities belonging to the hindu, muslim, christian or other religion .....
Tag this Judgment!Court : Chennai
Reported in : 2003(2)CTC449; (2003)2MLJ578
..... bill.article 51a runs as follows:'it shall be the duty of every citizen of india- (a) to abide by the constitution and respect its ideal and institutions, the national flag and the national anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and ..... a nuisance. judicial remedies are available for such abuse of authority, and courts, including this court, exist to enforce such remedies.' 'we are dealing with new technological devices and with attempts to control them in order to gain their benefits while maintaining the precious freedom of privacy. these attempts, being experimental, are bound to be ..... passing on the constitutionality of local regulations of the character involved here. but in that process they should be mindful to keep the freedoms of the first amendment in a preferred position.' however, the dissenters observed as follows:'the native power of human speech can interfere little with the self-protection of those who .....
Tag this Judgment!Court : Chennai
Reported in : 2003(2)CTC419
..... states. their lordships have observed :'normally, a commission would involve recording of evidence at the place where the witness is. however, advancement in science and technology has now made it possible to record such evidence by way of video-conferencing in the town/city where the court is '.from the above, it could ..... examination of the work method and work environment in courts to promote efficiency in judicial administration. the commission engaged the services of the indian institute of management, bangalore. the said institute, after an in-depth study, had submitted a report, the summary of which formed part of the first national judicial pay commission report. ..... the iimb, after referring to the code of civil procedure amendment bill 1997, was of the view that the provision was a useful means of fighting .....
Tag this Judgment!Court : Chennai
Reported in : AIR2003Mad416; (2003)2MLJ56
..... court ruled thus:' then the statute fixed that time by stating, that in such cases where no time is limited then a party obtaining such leave to amend has to amend within fourteen days from the date of the order. thereafter, a party who does not act accordingly, embargo is placed and that embargo is that such ..... the submission of the learned counsel for the appellant that the counter claim cannot be filed subsequent to the filing of the written statement. but inasmuch as the amendment application was filed by the defendant purporting to include the prayer for counter claim after recording the evidence of both sides, this court shall not consider the ' ..... civil procedure code has not laid down that in case if the counter claim is not made in the written statement, the defendant cannot, thereafter, make the counter claim by amending the written statement. in fact, the supreme court considered this question in the decision reported : (mahendra kumar v. state of m.p.), wherein it has been .....
Tag this Judgment!Court : Chennai
Reported in : 2003(3)CTC454; (2003)2MLJ417
..... for an alternative relief of possession, but when that petition was returned for some compliance, the plaintiffs did not re-present the same. therefore, the petition for amendment could not ordered.' citing the above judgments, the learned counsel for the respondents would pray to dismiss the above civil revision petition.8. in consideration of the facts ..... filed a petition in i.a. no. 48 of 1998 before the lower appellate court under order 6 rule 17 cpc praying permission of the court to amend the plaint thereby including the relief of mandatory injunction also in the plaint directing the defendants to demolish and remove the building and such other construction put up ..... compensated by costs and no amendment should be allowed which amounts to or results in defeating a legal right accruing to the opposite party on account of lapse of time.' 4. on the contrary, the learned counsel appearing on behalf of the respondent would submit that even on the date of institution of the suit, this relief .....
Tag this Judgment!Court : Chennai
Reported in : (2003)2MLJ568
..... enactment is therefore no longer necessary. 13. the role of the state government, after the amendments effected to these enactments in the year 1993 vis-a-vis establishment of and enhancement of capacity of the institutions in the disciplines covered by these acts, is now not a primary role, but a subsidiary ..... adequate resources;(c) whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of the authority or institution or conducting the new course of study or training, or accommodating the increased admission capacity have been provided or would be provided within the time-limit ..... , as the regulations now stand, seek to be guided by state government/union territory's assessment of the desirability and feasibility of establishing the new institution at the proposed location. 21. the dental council has not prescribed any guidelines to guide the state governments while considering the application for grant of .....
Tag this Judgment!Court : Chennai
Reported in : (2004)191CTR(Mad)478; [2004]269ITR390(Mad)
..... them to secure loans at a lesser rate of interest. as of now, interest rates have fallen to a level where housing loans are available from many financial institutions at a rate below 9 per cent. as the object of taxation is not merely to raise revenue for the government, but also to shape economic policy, the ..... private sector, and further their being burdened with additional liability to tax. the amended rule in their view is violative of article 14.2. rule 3 of the income-tax rules, 1962, deals with the valuation of perquisites. before proceeding further, ..... april 1, 2001, to september 30, 2001. the petitioners are mainly unions or associations comprising of employees who are in public sector undertakings. in their perception the amendment effected to rule 3 has resulted in their being deprived of recognition of their distinct status, distinct in contrast to the employees of the government and of the .....
Tag this Judgment!Court : Chennai
Reported in : (2003)IIILLJ570Mad; (2003)2MLJ633
..... then he became the area superintendent in the head office at bhopal and he was posted as development officer in charge of performance and personnel, and institutional banking. subsequently, bearing in mind his performance and knowledge in foreign exchange, he was specifically posted as development manager, notwithstanding the fact that he was ..... reports. in case the difference is more than the tolerance level specified above the evaluation committee, constituted as per the executive selection system, can suitably amend the marks under the heads of potential and overall suitability so that the specified averages are maintained. the evaluation sheet will be prepared in which awarding ..... would have put the petitioner within the zone of selection. this is the reason why the respondents were very curiously bent upon claiming secrecy over the amended policy which is now made apparent. they did not want the petitioner to know about the flagrant violation of the policy. another instance of motivated .....
Tag this Judgment!Court : Chennai
Reported in : (2003)2MLJ806
..... nearness to road, railway station, bus route; (iii) nearness to market, shops and the like; (iv) amenities available in the place like public offices, hospitals and educational institutions; (v) development activities, industrial improvement in the vicinity; (vi) land tax and valuation of sites with reference to taxation record of the local authorities concerned. (vii) any ..... or sub section (3). the procedure prescribed in sub sections (3) to (10) of section 47-a has been introduced from time to time by various amending enactments of the state legislature.34. schedule i entry 23 prescribes the stamp duty payable in respective instruments of conveyance. proper stamp duty payable under entry 23 ..... with respect, we are also unable to agree that market value is such an uncertain and indefinite matter so as to make the court hold that the amendment is arbitrary or unreasonable involving violation of arts. 14 and 19(1)(f) of the constitution. the expression 'market value' as a basis for direct tax .....
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