Court : Chennai
..... a sessions judge. 32. the madras children act, 1920, was repealed after the parliament passed the juvenile justice act, 1986 (central act 53 of 1986), which was repealed by act 56 of 2000 and now, the central act 56 of 2000 has been repealed by the juvenile justice (care and protection of children) act, 2015 (act 2 of 2016) with effect from 01.01 ..... .2016. 33. we have extracted the provisions of the juvenile justice act only to drive ..... , but, it only altered the age in section 10-a pursuant to the coming into force of the juvenile justice act, 1986. 72. the legislature did not choose to amend section 8 of the borstal schools act either in 1939 when section 10-a was introduced nor subsequently in 1989, when the age was changed, .....
Tag this Judgment!Court : Chennai
..... documents gathered. in other words, it is his submission that the proceedings initiated by the authorities is purely a bias and it violates the principles of natural justice, since the person who was the investigating authority, later turned to be the person adjudicating the issue on hand. the learned senior counsel further stated that in ..... confirmed and the revision has to be dismissed. in support of his contention, the learned counsel appearing for the respondent has relied upon the following decisions:- 1. (1986)2 scc 716 [r.s.nayak vs. a.r.antulay] wherein it has been held that: 43. as pointed out by the constitution bench in the judgment ..... an authorised dealer. (4). nothing in this section shall restrict the doing by any person of anything within the scope of any authorisation or exemption granted under this act. (5). for the purposes of this section and section 19, security includes coupons or warrants representing dividends or interests and life or endowment insurance policies . sec. .....
Tag this Judgment!Court : Chennai
..... 1,86,00,000/- along with interest thereon under section 16 of the msmed act. it is the further case of the petitioner that the facilitation council, despite the objections from the petitioner, referred the matter to arbitration and appointed justice shri s.s.dahiya as the arbitrator to decide the claim petition. during ..... sections 65 to 81 of the arbitration and conciliation act for the purpose of conducting conciliation and, therefore, section 80 could not be a bar for the facilitation council to conciliate and thereafter arbitrate on the matter. further the decision of the supreme court in (1986) 4 scc 537 (institute of chartered accountants of ..... the petitioner has participated in the conciliation proceedings. since the petitioner has raised objections, there was no possibility for settlement and the matter has been referred to justice shri s.s.dahiya under chapter v in accordance with law and therefore, the contention of the learned counsel for the petitioner is hereby rejected. 27. the .....
Tag this Judgment!Court : Chennai Madurai
..... , like, decency, respect to elders and others, hospitality, politeness, etc. the courts being faced with increasing number of juvenile crimes, matrimonial disputes, increasing number of old age homes, etc. signify the decline in family values among people. as ..... protection, etc, guaranteed under the constitution are covered in chapter 39 and 54. the following couplets also lay down importance of dispensation of justice: couplet 385: ( tamil ) the economic principles of an institution must focus on producing, acquiring, preserving and making equitable distribution of ..... in air 1963 sc 1295, 1981 air 746 sc, 1984 air 802 sc, 1996 scc (1) 490, 1983 air 109,1986 air 180 sc,1995 scc supl. (3) 456, (1990) 1 scc 520, 1996( 2 )scc 549, 1992 air 573 ..... impostors, pornography, etc. these problems, though may look like individual problems have a great impact on the society. every act of a man has a sociological and psychological impact on the persons around him and in the minds of the persons getting .....
Tag this Judgment!Court : Chennai
..... which affects a citizen in his civil life, comes under its wide umbrella and hence, before taking any action that will result in civil consequences, the principles of natural justice should be observed. this decision is also relied upon to show that a post-decisional hearing is no substitute for a pre-decisional hearing. (24) the income tax ..... they have filed affidavits, assuring that the lawful functioning of the cisf in the high court will not be disturbed by any act on their part, which may cause interference with the smooth functioning of the administration of justice. but, what tantamount to the lawful functioning of the cisf and what does not, cannot be decided by the writ petitioners ..... state bar council, the approval of the rule by the bar council of india will not make it valid. (8)institute of chartered accountant v. l.k.ratna [1986 (4) scc 537], is relied upon to show that a post-decisional hearing is not a substitute for a pre-decisional hearing and that a pre-decisional hearing .....
Tag this Judgment!Court : Chennai Madurai
..... came into force only in the year 2000 and that section 34(3) came into force only in 2006. 44. the juvenile justice (care and protection of children) act, 2000 is only a successor of the juvenile justice act, 1986. the 1986 act defined a juvenile to mean a boy has not attained the age of sixteen years or a girl who has not attained the age of eighteen years ..... ) their failure to get a certificate under the juvenile justice act, 1986 and (iv) their omission to follow the procedure stipulated in section 13 of the 1986 act, are all acts that could not be condoned by this court. the object and purpose of the orphanages act, juvenile justice act, 1986 and juvenile justice (care and protection of children) act, 2000 are to ensure that these neglected juveniles are rehabilitated and reintegrated into the society, either .....
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..... to their vindictiveness through a legal process and such an investigation ought not to be allowed to be continued since the same is opposed to the concept of justice, which is paramount. factual matrix therefore would thus be relevant in the matter of assessment of the situation as to whether civic profile would outweigh the criminal ..... are not harassed by unscrupless persons. this clause in sub-section 1 to section 202 of the code has been amended by code of criminal procedure (amendment act 2005)(act 25 of 2005 section 19) to make it obligatory upon the magistrate that before summoning the accused residing beyond his jurisdiction, he shall enquire in to the ..... propositions has been laid down in sahib singh v. state of u.p. air1965sc1451: tekchand v. karanjia 1969 cr.lj536: m.p.narayan pillai v. m.p.chacko 1986 ker lt1005 42. chapter xv of the code deals with complaints to magistrates. section 200 specifically contemplates the examination of complaint. as per section 200 of the code; .....
Tag this Judgment!Court : Chennai
..... connection or nexus with each other, insofar as the issues on hand are concerned. these enactments are: (a) the state financial corporations act, 1951; (b) the companies act, 1956; (c) the sick industrial companies (special provisions) act, 1986; (d) the recovery of debts due to banks and financial institutions act, 1993; and (e) the securitisation and reconstruction of financial assets and enforcement of security interest ..... , we restrict our reference only to this stage of the proceedings under section 15 of the sica.17. registry is directed to place the papers before the honourable the chief justice for listing the matter before the larger bench for considering the correctness of the decision of this court reported in triveni alloys limited." 8. it is only after a careful .....
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..... the inquiring judge, the several provisions of juvenile justice act, 1986 (shortly, hereinafter, old j.j.act, 1986) and the juvenile justice (care and protection of children) act, 2000 (shortly, hereinafter, the new j.j.act, 2000) as amended by act no.33 of 2006 and several decisions on juvenile justice legislation.14. a child, juvenile, a young person, who commits a ..... state of jharkand and another [2005 (3) scc 551].27. the constitution bench resolved the controversy and held that to have the benefit under the juvenile justice act, 1986, the age of the accused on the date of commission of the offence is relevant and thus overruled arnit das (supra). and thus, umesh ..... of offences had been under the consideration of the central government ever since india achieved independence. with such object in mind, parliament enacted the juvenile justice act, 1986, in order to achieve the constitutional goals contemplated in articles 15(3), 39(e) and (f), 45 and 47 of the constitution imposing .....
Tag this Judgment!Court : Chennai
..... it was held that the enactment of a law, but tolerating its infringement is worst than not enacting the law at all in the context of air act, water act and environment (protection) act, 1986. the observation made by the supreme court, relied upon by the learned counsel, is as follows: "41. with rapid industrialisation taking place, there is ..... nova constitutio futuris formam imponere debet non praeteritis a new law ought to regulate what is to follow, not the past. (see principles of statutory interpretation by justice g.p. singh, 9th edn., 2004 at p. 438.) it is not necessary that an express provision be made to make a statute retrospective and the ..... the courts have to, in the normal course of business, follow traditional procedural law. however, minor deviations are permissible here and there in order to do complete justice between the parties." but insofar as the said aspect relating to the judicial procedure, as stated above, the same has been rectified by the proposed party. regarding .....
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