Court : Chennai
Reported in : AIR2009Mad44
..... in matters of the financial corporations, the writ court has no say and the high court, in exercise of jurisdiction under article 226 cannot act as an appellate authority while reviewing quasi-judicial or administrative action.5. in support of his arguments, the learned senior counsel for the first respondent would rely on ..... 1 l.w.298,2. the andhra pradesh state financial corporation v. gar re-rolling mills and anr. 1994 2 l.w.363. karnataka state industrial investment and development corporation ltd. v. cavalet india ltd. and ors. : (2005)4scc456 ,4. tamil nadu industrial investment corporation ltd. v. millenium business solutions pvt. limited : ..... judgments of the orissa high court in sulochana nair v. managing director : air1992ori157 and punjab and haryana high court in jasbir kaur v. punjab state industrial development corporation ltd. , has held as follows:section 29 clearly states that the financial corporation shall have the right to take over the management of possession of .....
Tag this Judgment!Court : Chennai
Reported in : (2009)223CTR(Mad)392; [2009]309ITR252(Mad); [2009]180TAXMAN95(Mad)
..... income tax department, we are of the view has to obtain clearance from the committee of disputes (cod). the apex court, in the case of ongc v. city and industrial development corporation, maharashtra ltd. : 2009(233)elt30(sc) , after referring to the earlier cases in ongc (i) v. cce : 1992(61)elt3(sc) ; ongc (ii) v ..... (quarters), interest on staff advances, fumigation receipts, interest on bank deposit, etc., the said exemption was claimed on the premise that the appellant is an authority constituted under law for marketing of commodities and any income derived from letting out the godowns and warehouses for storage, processing or facilitating the marketing of the commodities ..... of commodities, and any income from the above activities would qualify for exemption under section 10(29) of the act. the goods stored in the warehouse or at the safe custody of the warehousing authorities are liable for any damage or loss. it is natural that they have to maintain security for supervision of the .....
Tag this Judgment!Court : Chennai
Reported in : (2009)226CTR(Mad)488
..... m.sales ltd. : 259 itr 116;19. cit v. d.p.sandu bros. : 273 itr 120. cit v. wardekar : 283 itr 432; 21. cit v. industrial credit and development syndicate ltd. : 285 itr 310.22. addl. cit v. rama leasing co. p. ltd. (2008) 20 sot 505.5. relying on these decisions, the senior counsel contended that the transaction ..... tribunal has committed a serious error in not considering various judgments placed before it at the time of argument and the written submissions placed before it. the assessing authority, in paragraph 5 of the assessment order, has observed that the appellant had not undertaken any activity in the course of business and hence, the amount could ..... 250/- per share the appellant will compensate to the extent of shortfall. the parties agreed that the bank of nova scotia, having its branch office at coimbatore would act as an escrow agent in respect of the above transactions. accordingly, an escrow agreement was entered into on 24.08.2005. as per the escrow agreement, the appellant .....
Tag this Judgment!Court : Chennai
Reported in : (1994)IMLJ438
..... coffee works of pfx saldanha and sons : (1991)3scc617 and national textile corporation ltd. v. sitaram mills ltd. [1986] 61 comp cas 373 (sc), lucknow development authority v. m. k. gupta : air1994sc787 to support the stand for a liberal interpretation being given to the inclusive definition contained in section 2(1) of the ..... and tympano plasty operation was said to have been performed and in the course of operation, the patient appears to have developed cardiac problems. while contending that section 2(1)(o) of the act would not be attracted to the case of services rendered by a medical practitioner to a patient coming for treatment it is ..... substance, the claim is that professional services of the nature rendered by a medical practitioner or for that matter a hospital is outside the purview of the act and the forums constituted thereunder. the competency of the forums constituted to decide complaints involving substantial money claims and the professional career and reputation of a medical .....
Tag this Judgment!Court : Chennai
Reported in : 1995(76)ELT265(Mad)
..... excise duty under the notification in question. the submission of learned counsel for the petitioners that the notification has the effect conferring upon the statutory authorities under the act power to decide the right to property or title, which is normally the privilege of the ordinary civil courts and the further claim that the ..... since the legislations under consideration are not merely taxing statutes but are also potent instruments in the hands of the government for regulating the economy and industrial development of the country, by deciding as to which industry require encouragement and which do not. it was also held therein that where the validity of a ..... concern with the internal disputes or claims relating to proprietary rights or privileges of the parties pertaining to the trade or brand name in question. the authorities merely advert to these aspects in a summary manner to arrive at a decision as to whether the petitioner satisfy the requirements of notification under which .....
Tag this Judgment!Court : Chennai
Reported in : (1998)3MLJ224
..... constituted by me government consisting of tamil scholars will assess and recommend the contribution for bringing tamil as official language of tamil nadu and for the development of tamil. all the applications under this category to be submitted to the department of tamil department, government of tamil nadu for evaluation and grading ..... tamil scholars were appointed for the scrutiny of the documents and to give a report. based on the said report, candidates were selected under the quota 'tamil development'. since, sufficient number of eligible candidates were not available under the category 'deserted women' and 'orphans', the seats wee distributed to other categories under special ..... r. medical university has submitted that under section 35-a (a) of the tamil nadu dr. m.g.r. medical university, chennai act, 1987, the government shall be the competent authority to select and admit candidates to a course of study. the said fact is not in dispute. the only question is whether the selection .....
Tag this Judgment!Court : Chennai
Reported in : 1994CriLJ2960
..... coloured granite for use in decorative purposes. the division bench was considering the issues with reference to the mines and minerals (regulation and development) act 1957. section 17a of the central act deals with the power of reservation 'any area' for the purpose of conservation and making the same available to the central government. the ..... of the rules alone governs the grant of leases in respect of the latter type of minor minerals (iii) under rule 8a of the rules the authority to grant lease is the government and the collector cannot therefore exercise the power of renewal. the above reasons are unimpeachable and i have no hesitation in ..... compressors and other drilling and blasting operations. it is also stated that 'tamin' had preferred several complaints to the collector and neither the collector nor the police authority has taken any positive action to prevent the petitioner from conducting fresh quarrying operations. 5. the collector has filed a counter affidavit in w.p. no. .....
Tag this Judgment!Court : Chennai
Reported in : (1994)1MLJ432
..... . both the petitioners and the respondents have accepted that the new stalls have been constructed with the financial assistance of the central government under integrated urban development programme scheme which is meant exclusively for remunerative enterprises to modernise the market buildings. the respondents have given, however, the total expenditure for the construction of ..... or licence fee by the respondents.2. in a common counter-affidavit, the respondents have said that 28 new stalls have been constructed under integrated urban development programme scheme with the central governments assistance by way of loan, which is repayable within 25 years along with interest at 5 1/2% per annum ..... service for the benefit of the residents and shall become a short of a trading activity of the local authority and unguided and unabridged this power under section 260(2)(a)(b) of the act will be violative of article 14 of the constitution. in the majority judgment also it is indicated that difference .....
Tag this Judgment!Court : Chennai
Reported in : (1994)1MLJ628
..... madras district - former union minister for finance.(iv) thiru r. govindaswami, madras district - retired joint director of rural development.(v) thiru s. lakshmikanthan bharathi, madras district - retired assistant development commissioner, rural development department.(vi) thiru m. s. selvarajan, thirunelveli district, ex. m.l.a.(vii) thiru thookumedai rajagopal, madras district ..... belatedly.38. production of documentary evidence : as regards the production of documentary evidence like imprisonment/detention certificate from the concerned jail authorities/district magistrates or the state governments, the government should adopt a pragmatic approach instead of being hyer technical. it is common knowledge ..... also take into account the book published by them under the title 'who is who' containing the names of freedom fighters and act upon the same. equally, when once the central government grants the pension after satisfying themselves about the fulfilment of the conditions stipulated .....
Tag this Judgment!Court : Chennai
Reported in : (1995)1MLJ604
..... the petitioners and upon accepting the recommendations of the respondents the government in their orders g.o.ms. no. 1603, dated 7.12.1988, housing and urban development department accepted recommendations and requests of the respondent and thus permitted the board to regularise the services of the n.m.r. workers who have completed 5 years ..... servant if he has been arbitrarily discriminated against and singled out for harsh treatment in preference to his juniors, similarly circumstanced. it is true that the competent authority had the discretion under the conditions of service governing the employee concerned to terminate the latter's employment without notice. but such discretion has to be exercised ..... , or whose dismissal discharge or retrenchment has led to that dispute, but does not include any person who is subject to the air force act, or the army act, or the navy act: or who is employed in the police service or as an officer or other employee of a prison; or who is employed mainly in .....
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