Court : Chennai Madurai
..... in air 1967 allahabad 150, it is held that there is nothing in the code to suggest that a complaint must be made by one person only and section 200 refers to a "complainant" in the singular, but by applying the provisions of s.13 of the general clauses act, the word has to be interpreted to mean "complainants' also and there is nothing in the act to deter this interpretation. ..... further the word complainant refers to in section 200 of the code of criminal procedure, 1973 includes plural as per section 13 of the general clauses act. 15. ..... shall be signed by the complainant and the witnesses and also by the magistrate: provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial to another magistrate under section 192: provided further if the magistrate makes ..... 481, karnataka, it is held that joint complaint is legally maintainable under section 200 of the code of criminal procedure, 1973, but however with regard to different cause of action joint complaint is not maintainable. .....
Tag this Judgment!Court : Chennai Madurai
..... art.226 of the constitution of india to issue a writ of mandamus directing the respondents to take up suitable steps to implementation of sections 8(1)(a), 11(1)(b), 12(1), 14 to 18, 21 (2), 22 to 26, 31 to 33, 39(4) and 41 to 45 of the t.n.act 29/74 and rules 7, 9 except clauses (e) and (k) of sub rule (2) rules 10 to 14, 16 to 18 and 22 to 24 and framed under the act and also for speedy steps for the implementation of the regulation framed in the act governing service conditions of the teaching and non-teaching staff of minority schools for whom aid is provided by the state and ..... however, on behalf of the respondents in w.p.no.4478 of 1974 and other writ petitions, the learned advocate general has filed an affidavit and at paragraphs 12 and 13, it is stated as hereunder:- "12. ..... state of karnataka, reported in (2002) 8 scc 481, submissions have been made by the petitioner that the rules, being subordinate legislation, cannot override the statute, and that by the impugned g.o.no.2080, education (d3) department, dated 14.09.1977, the .....
Tag this Judgment!Court : Chennai Madurai
..... at length and after referring to the documents upon which reliance was placed on behalf of the defendant stated his opinion thus: "to lay down that the three letters in question,which deal generally with the assets, moveable and immoveable,without specifying any particular mortgage or other interest in real property require registration,would,i incline to think,in the present state of the authorities,go too far.it ..... the entire property in part and whole.a document by which one co-owner purports to abandon or relinquish his claim to the share to which he would be entitled,would be in the nature of a release within the article 44 of the stamp act.in such a case there need be no conveyance as such by the co-owner in favour of the other co-owners.a document under which a hindu co-parcener purports to give up his rights to the family property in favour of remaining co-parceners ..... specific item of partnership is entitled to immovable property,such share does not include in interest in immovable property and,therefore,every instrument operating to create or transfer a right to such share requires to be registered under the registration act.in coming to this conclusion he mainly purported to rely upon an observation is not to be found in the present edition of lindley's partnership nor in the 9th or 10th editions which were brought to out notice.the ..... section 55.d(ii) of the indian stamp act, 1899 deals with the release of right in favour of a partner, when such release is between ..... .....
Tag this Judgment!Court : Chennai Madurai
..... the correctness of the impugned order, would submit that if there is any error on the part of the registering authority while discharging quasi-judicial function under the provisions of the indian stamp act, 1899, the registration act, 1908, and the rules framed thereunder, the same cannot be questioned, by initiating any departmental proceedings, for the simple reason that the said order is always appealable to higher authority more ..... particularly, under section 47-a of the indian stamp act, 1899, by which, the registering authority or any other competent authority, after estimating the market value of the property, which is the subject matter of such instrument, as per the market value guidelines, can ..... filed challenging the charge memo dated 15.02.2016 issued by the 2nd respondent/deputy inspector general of registration, tirunelveli district. 2. ..... that the petitioner as a statutory authority under the registration act, 1908, has discharged his statutory duties which fall under the registration act and the indian stamp act. ..... for initiating disciplinary proceedings for an officer while he is acting as quasi judicial authority. ..... he concludes that the document has been under-valued, then he has to register the document and then refer the same to the authority concerned under section 47-a of the indian stamp act. .....
Tag this Judgment!Court : Chennai Madurai
..... the 3rd respondent/tahsildar, karaikudi, sivagangai district, in law, cannot pass the impugned order dated 14.10.2015 in memo no.19/15, as there is no provision either under the indian registration act, 1908 or under the indian stamp act, 1899, refusing permission to register the document in the subject matter in issue, the learned counsel for the petitioner cites a division bench order of this court between thiyagavalli panchayathai serntha nochikkadu ..... and decree dated 30.11.1979 made in o.s.no.448 of 1967, passed by the trial court, has become final, conclusive and binding between the parties inter se, as per section 43 of the indian evidence act, 1872, this court is of the considered view that the impugned order dated 14.10.2015 in memo no.19/15, issued by the 3rd respondent/tahsildar, karaikudi, sivagangai district and the consequential order passed by the ..... circular no.18339/c1/2012, dated 25.04.2012, issued with an intent to curb the menace of fraudulent registrations, the first respondent/inspector general of registration, chennai had instructed the registering officers to verify the records to satisfy themselves about the right of the executant of ..... per contra, it is the submission of the learned additional government pleader that the first respondent/inspector general of registration, chennai, through his letter bearing no.51701/c1/2014 dated 15.04.2015 had caused distribution of list of boodhan lands in various districts received from the commissioner of land reforms .....
Tag this Judgment!Court : Chennai Madurai
..... single judge of this court, namely hon'ble mr.justice d.murugesan [as the hon'ble judge then was] has taken into consideration the scope of sections 33-a and 80-a of the registration act, 1908 and rule 2 of the tamil nadu registration rules, 1983, found that the order calling upon the petitioner therein to pay further sum of rs.45,823/- towards registration charges has ..... said decision, has directed the second respondent therein to return the document with an endorsement as to the pendency of the proceedings under section 47-a of the indian stamp act, 1899, as amended by the tamil nadu amendment act, 2004, within a particular time and also passed further directions. ..... by the secretary to government, commercial taxes and registration department, chennai-9 and others [2008 -3-l.w.286], the scope of section 47-(a) (1), (2), (3), (4), (5) and sections 2(12), 17, 31, 33-a of the registration act, 1908 as well as certain provisions of the tamil nadu (prevention of under valuation of instruments) rules, 1968 came up for consideration and it has been held that the procedure for conducting enquiry by the collector ..... in such a situation, the contention of the learned additional advocate general that in these cases if really the petitioners have undervalued the properties for the purpose of registration, it will be a great loss to the state has no meaning in the sense that it is not due ..... (prayer: appeal filed under clause 15 of the letters patent, against the ..... state of karnataka and others] and .....
Tag this Judgment!Court : Chennai Madurai
..... saraswathi debnath reported in 1995 acj 980, high court of gauhati has held in paragraph 6 as follows: "the law is well settled that in a claim under the motor vehicles act, the evidence should not be scrutinised in a manner as is done in a civil suit or a criminal case. ..... (prayer: appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree dated 26.08.2015 in mcop.no.639 of 2014 on the file of the motor accident claims tribunal, ii additional district judge, tirunelveli.) s. ..... karnataka cement pipe factory [2004 (4) lw 20] and the managing director, tamilnadu state transport corporation, madurai v. .....
Tag this Judgment!Court : Chennai Madurai
..... the executive power of the state government under article 162 of the constitution extends to all matters with respect to which the state legislature has power to make laws and accordingly the state government can act in exercise of executive power in relation to any matter with respect to which the state legislature has power to make laws, even if there is no legislation to support such executive action, but such executive section must not infringe ..... (prayer: writ appeal (md).no.1221 of 2016 and writ appeal (md).sr.no.47454 of 2016 filed under clause 15 of the letters patent against the order, dated 15.06.2016 passed by the learned single judge in w.p. ..... however, in the said g.o.ms.no.261, it has been specifically provided under the proviso clause in the said rule 5 that "provided nothing contained in these rules shall adversely affect the persons who have been recruited and appointed through the teachers recruitment board's notification no.2/2006-2007, dated the ..... the chief controlling revenue authority-cum-inspector general of registration and others); (i) 1993 supp (3) scc 575 (syed khalid rizvi vs. ..... in support of his contentions, learned senior counsel appearing for the appellant relied on a judgment of the supreme court reported in 2007 (7) scc 689 (commissioner, karnataka housing board vs. ..... state of karnataka manu/sc/0450/1979 : (1979) ii llj 209 sc . ..... " (e) air 2006 sc 1806 (secretary, state of karnataka vs. ..... societies); (g) air 2006 sc 1806 (secretary, state of karnataka vs. .....
Tag this Judgment!Court : Chennai Madurai
..... writ petitions were allowed by the first bench of this court on 17.12.1975 declaring that sections 8(1)(a), 11(1)(b), 12(1), 14 to 18, 21(2) to 26, 31 to 33, 39(4) and 41 to 45 of the act and rules 7, 9 [except clauses (e) and (k) of sub rules (2)], 10 to 14, 16 to 18 and 22 to 24 of the rules are not applicable to the minority institutions. 6.2. ..... (3) notwithstanding anything contained in sub-section (1), the government may, by general or special order, whether prospectively or retrospectively, exempt any person or class of persons from possessing the qualifications prescribed under section 19 relating to age and experience for appointment as teacher or other employee in any private school, subject ..... . state of karnataka, (2002) 8 scc 481, relied on by the learned special government pleader, has no application to these cases, particularly, since that case relates to the higher education and we are concerned in these cases only with ..... . state of karnataka, (2002) 8 scc 481 in support of his contentions ..... . state of karnataka, (1992) 3 scc 666, and in unni ..... . state of karnataka, (1992) 3 scc 666, was approved in unni ..... . state of karnataka, (1992) 3 scc 666, the apex court held that article 21 has been interpreted by the apex court to include the right to live with human dignity and all that goes along ..... state of karnataka, (2002) 8 scc 481, more particularly, paragraphs 50, 140 and 141 therein and also a division bench judgment of this court in maria grace rural middle school .....
Tag this Judgment!Court : Chennai Madurai
..... maximum and minimum in respect thereof) for stage carriages, contract carriages and goods carriages : (ii) regarding the prohibition or restriction,subject to such conditions as may be specified in the direction, of the conveying of long distance goods traffic generally, or of specified classes of goods carriages ; (iii) regarding any other matter which may appear to the state government necessary or expedient for giving effect to any agreement entered into with the central government or any ..... . provided that no such notification in respect of the matters referred to in clause (ii) or clause (iii) shall be issued unless a draft of the proposed direction is publised in the official gazette specifying there in a date being not less than one month after such publication, on or after which the draft will be ..... 24. mr.r.muthukumaraswamy, the learned advocate general, would submit that though it is true that so far the government of tamil nadu had not issued any notification fixing fares for these contract carriages, as required under section 67 of the motor vehicles act, the government is now prepared to fix fares for the contract carriages, based on the report from the experts and notify the same ..... respondent, in his affidavit, treated as counter, inter alia, has contended as follows: the seventh respondent is a registered company carrying on its business as travel agent and contract carriage operator in the state of tamil nadu, andhra pradesh, karnataka, kerala and the union territory of puducherry .....
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