Court : Chennai
..... policy....... 37. a non-obstante clause must be given effect to, to the extent the parliament intended and not beyond the same. 38. section 529-a of the companies act does not ex facie contain a provision (on the aspect of priority) amongst the secured creditors and, hence, it would not be proper to read thereinto things, which ..... ., reported in 2006 (10) scc 452, the hon'ble supreme court, at paragraphs 34, 38, 46 and 49, held as follows: "34. section 529-a of the companies act no doubt contains a non-obstante clause but in construing the provisions thereof, it is necessary to determine the purport and object for which the same was enacted. ...... 36. the ..... principles of interpretation, which are merely presumption in cases of ambiguity in the statute. the court would interpret them as they stand. (xxiv) in cit v. badhraja and company reported in 1994 supp (1) scc 280, the hon'ble apex court held that, an object oriented approach, however, cannot be carried to the extent of doing violence .....
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..... court to protect the constitutional rights of the citizens against any encroachment, as it is often said, smaller inroad may lead to larger inroad and ultimately resulting into nationalisation or even total prohibition . section 12(1)(c), if upheld would resurrect unni krishnan case, supra, scheme which was nullified by pai foundation case and inamdar ..... as on the date of consideration of the application by the university would apply and referred to certain judicial pronouncements. (i) in sulekhan singh and company and others v. state of u.p. and others, (2016) 4 scc 663, the issue dealt with was with regard to the mines and mineral ( ..... : petition under article 226 of the constitution of india for issuance of a writ of declaration, declaring the tamil nadu establishment of private law colleges (prohibition) act, 2014 (act 13 of 2014) as illegal, unconstitutional and ultra vires the constitution of india. prayer: petition under article 226 of the constitution of india for issuance of .....
Tag this Judgment!Court : Chennai
..... be the reasonable rate of simple interest. with a change in economy and the policy of reserve bank of india the interest rate has been lowered. the nationalised banks are now granting interest at the rate of 9% on fixed deposits for one year. we, therefore, direct that the compensation amount fixed hereinbefore shall ..... and married daughters, would be entitled for compensation" while addressing the abovesaid question, a learned judge has considered two decisions relied on by the appellant-insurance company therein in revanben v. kantibhai narottamehai gohil reported in 1995 acj 548 and u.p.state road transport corporation v. tara devi reported in 1995 acj 1220 ..... reported in 1987 acj 561 (sc), the allahabad high court held that emphasis under the motor vehicles act is dependency and that near and dear, including the brother's children, can be the dependants. (d) in oriental insurance company ltd., v. naresh chandra agarwal and others reported in 2000 acj 931, parents of the deceased were .....
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..... national bank): "29. learned counsel for the respondent-bank submitted that it will be very unfair if the appellant who is a guarantor of the loan, and director of the company which took the loan, avoids paying the debt. while we fully agree with the learned counsel that equity is wholly in favour of the respondent-bank, since obviously a bank ..... led, but not driven; and his will must be the offspring of his own volition, and not the record of some one else's." section 61 of the indian succession act (act 39 of 1925) enacts that, "a will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as ..... a valid subsisting rent agreement, lease agreement or licence agreement in his favour." (m) 2008 (14) scc 754 (babu singh vs. ram sahai): "16. section 69 of the act (evidence act) reads, thus: "69. proof where no attesting witness found. if no such attesting witness can be found, or if the document purports to have been executed in the united kingdom .....
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..... 1151 = 2001 (4) scc 325 (clarence pais and others vs. union of india): "6. ... ..... a combined reading of sections 213 and 57 of the act (indian succession act) would show that where the parties to the will are hindus or the properties in dispute are not in territories falling under sections 57(a) and (b), sub- ..... lalwani (air 1983 bom. 268). para 16 reads as follows: "16. rejecting mr.dalpatrai s contention, i summarise my conclusions thus: (a) under the limitation act no period is advisedly prescribed within which an application for probate, letters of administration or succession certificate must be made; (b) the assumption that under article 137 the ..... peaceful possession and enjoyment of the suit properties, which are in absolute possession and enjoyment and their nefarious activities had been thwarted and the defendants are acting adverse to the interest of the plaintiff. the defendants are men of means and having money power. the plaintiff is apprehending dispossession any time at the .....
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..... regulation 11, which reads as under:- 11. obligations of customs broker:- a customs broker shall- (a) obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as a customs broker and produce such authorisation whenever required by the deputy commissioner ..... the affairs of the customs broker including the revocation of the licence. the regulations contemplates action against the customs broker dehors the provisions under the customs act. therefore, the regulations cannot be treated as sub-ordinate legistlation. moreover, every implementing authority of any fiscal statute is only performing a public duty ..... the conclusion that the customs broker failed to fulfill the obligation cast upon them under the regulations mentioned to therein and committed professional misconduct, while acting as custom broker. therefore, relying upon the above emphasized portion in the show cause notice, the learned counsel for the petitioner would contend that .....
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..... examined by the superintendent. for the purpose of this rule, the term, 'legal advisor' means a legal practitioner within the meaning of legal practitioners act, 1879 (central act xviii of 1879).?.75. chapter 30 deals with transfers. rules, 568, 570 and 571 are as follows:- 568.grounds, reasons and circumstances of ..... with their relatives, friends, and legal advisers. provided that in respect of accused or undertrial prisoners under the terrorists and disruptive (prevention) activities act 1987 (central act 28 of 1987) the relatives and friends, who desire to interview them, shall produce a certificate from the concerned village administrative officer or member ..... to trichy central prison, without any authority. at this juncture, this court deems it fit to extract the relevant provisions, from the prisons act, 1894 prisoners act 1900, and the rules framed thereunder, enabling the prison authorities to have an effective control over the prisoners, in the prisons. they are responsible .....
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..... the general body is that it is the ultimate authority of a registered society.171. even though section 175 specifically excludes the applicability of the companies act, section 39 of the act treats a registered cooperative society as a body corporate by the name under which it is registered. "39. societies to be bodies corporate.-- the ..... no annual meeting held. in this background, one of the shareholders filed an application before this court under section 79(3) of the companies act, 1913, equivalent to section 186 of the companies act, 1956, for a direction to convene a general body meeting by a commissioner and for the appointment of an independent chairman to preside ..... of shares and the interest in the capital for the purpose of repayment. thus, going by section 39, a cooperative society, though not governed by the companies act, nevertheless, is a body corporate and the interest of the society is the interest of the members collectively. in the circumstances, the law declared by this .....
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..... authority. aggrieved by this, the assessee went on further appeal before the income tax appellate tribunal. referring to the decision reported in [1991] 191 itr 249 (chelpark company ltd. vs. commissioner of income tax) and [1999] 239 itr 142 (tamilnadu dairy development corpn. ltd. vs. commissioner of income-tax), the tribunal, by a ..... at the enduring benefit concept for the purpose of rejecting the assessee's case. 10. referring to the decision reported in [1980] 124 itr 1 (empire jute co. ltd. vs. commissioner of income tax (s.c.)), he submitted that the expenditure incurred was for the exploitation of a commercial asset; hence was revenue ..... competitor or any other person in either establishing, managing, promoting or developing the business of the said products or any product similar thereto; he shall not act as a consultant or use any knowhow, design or drawings directly or indirectly and refrain from disclosing or divulging any information relating to the knowhow, trade practices .....
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..... requires the additional accommodation for his personal use.12. the following is the distinction between sub-section (3) and sub-section (8) of section 11 of the act. the former provision applies when the building is wholly occupied by the tenant and the landlord bona fide needs the building for his own occupation or for the occupation ..... natural meaning, and the courts will not impose on them limitations not called for by the sense or objects of the enactment. thus section 3 of the civil procedure act, 1833, which limited the time for suing "upon any bond or other specialty" comprehended, under the last expression, every kind of specialty including a statute.but ..... court dismissed the petition for eviction. in mohan lal v. jai bhagwan3 this court, interpreting the corresponding provision in the haryana urban (control of rent and eviction) act, 1973, held that when a tenant who had taken a building on lease for the purpose of running a business in liquor, converted the business into that of .....
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