Court : Chennai
Reported in : (2008)1MLJ9
..... territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority.in the case of ameena , the bombay high court held that the expression 'all the law in ..... the constitution of india. clause (1) of article 372 reads as follows:372. continuance in force of existing laws and their adaptation.-(1) notwithstanding the repeal by this constitution of the enactments referred to in article 395 but subject to the other provisions of this constitution, all the laws in force in the ..... court at madras for the presidency of madras. the madras presidency consisted of andhra pradesh, kerala, karnataka and madras. after the state reorganisation act, the presidency of madras has become bifurcated into state of andhra pradesh, state of karnataka, state of kerala and state of tamil nadu. the other states have got their respective high .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ348
..... of the constitution, the central government may, within three years from the appointed day, by order, make such adaptations and modifications, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations and modifications so made.'39. in the pondicherry code ..... 'all laws in force immediately before the appointed day in the former french establishments or any part thereof shall continue to be in force in pondicherry until amended or repealed by a competent or other competent authority:....38. further more, section 4(2) of the pondicherry (administration) act, 1962 speaks thus 'for the purpose ..... ; or(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or....40. the pondicherry civil courts act, 1966 (no. 12 of 1966), an act to consolidate and amend the law relating to the civil courts in the union territory of pondicherry, section 6 refers as follows: .....
Tag this Judgment!Court : Chennai
Reported in : (2008)1MLJ1285
..... buyer went before the hon'ble supreme court of india. the supreme court was considering the provisions of city of bangalore improvement act, 1945 repealed by bangalore development authority act, 1976 with subsequent amendments as they stood at that time. reservation of the open space in that case as a park was under the 1945 act and section 76 ..... area reserved for a public park under the act was sold to a trust to build a hospital. that was challenged by the residents of that area before the karnataka high court. a learned single judge of that court dismissed that writ petition while the appellate bench of that court, allowed that writ petition. therefore, the proposed ..... ., the law as it originally stood and as it stood amended, created an absolute bar in selling or otherwise disposing any area reserved for public parks. only in that context, the hon'ble supreme court of india upheld the order of the division bench of the karnataka high court holding that the act complained of was a result .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ84
..... or otherwise of the charges ought to be looked into. this is the uniform view taken by this court in such matters. d. a judgment of the high court of karnataka reported in air 1964 mysore 221 (v 51 c 57) (para 18 to 20) 18. it is in my opinion plain that the only charge into which a board of ..... ) regulations, 1976, a breach of any of the conduct regulations constitutes a misconduct that is punishable under regulation 4 of the indian bank officer employees (discipline & appeal) regulations, 1976 as amended; d. though the borrower is an association organised by tamil nadu football association, there is no record available regarding its constitution or the full particulars of the borrower and despite .....
Tag this Judgment!Court : Chennai
Reported in : (2008)1MLJ844
..... ltd. v. broach borough municipality, indian aluminium co. v. state of kerala, k. sankaran nair v. devaki amma malathy amma, b. krishna bhat v. state of karnataka and national agricultural co. op. marketing federation of india ltd. v. union of india. as a proposition of law, this cannot be and is not disputed. the ..... ). in the charging section, viz., section 3, instead of the expression 'net charge', 'consumption charge' has been substituted. therefore, as on the date of the amending act, the charging section viz., section 3 imposed charge on consumption charge, which includes the charge on minimum demand and power factor surcharge.20. the supreme court in ..... section (1), instead of the expression 'provided that such repeal shall not affect', the expression 'provided that, unless a different intention appears, such repeal shall not affect' has been substituted.18. a reading of act 38 of 2007, which is the validating act by way of amendment introduced to the principal act 12 of 2003, viz., .....
Tag this Judgment!Court : Chennai
Reported in : 2008(1)CTC449; (2008)3MLJ351
..... of fee by the educational institutions does not enter into consideration. he referred to the decision reported in : air2003sc3724 (islamic academy of education v. state of karnataka) paragraph 7 at page 700 to impress on the fact that apex court recognised the need for the educational institution to fix the fee structure taking into ..... to be exempted vide section 49(1)(c) of the manual of panchayat administration volume i and section 83 of the tamil nadu district municipalities act (amended act 42 of 1994). the appellant also quoted instances where the government had exempted institutions from payment of property tax. the appellant pointed out to the representation ..... president, keriseri panchayat and ors.) to point out the difference in the language of the provision as they stand now and as it stood prior to the amendment that, under the original provision, even if the institution charged rent from the occupants for the occupation of the hostels, the buildings were exempt from property tax .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ169
..... was subsequently transferred to the drt, vide order of this court dated 19.11.2002, the punjab national bank filed the so-called amended plaint, without any order of the court, therein, in all those six places, the area of the land was changed as 2 ..... senior counsel appearing for the first respondent-plaintiff, while referring to the original plaint as was filed before the bombay high court, the amended plaint fled before the drt, copies of one or other sale deed(s) dated 28.2.1964, the order passed by the ..... hubli, bangalore (north) taluk. this is how the fraud was played by the punjab national bank before the tribunal, which amended the plaint without the order of the court.it is only after the final order was passed by the drt on 30.8.2006 ..... . no. 43/2 of the said village and no amendment to the plaint was brought for either before the bombay high court or before this court, when the suits were pending.in the valuation report of karnataka, the land schedule shows that the land measures only 3 .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ736
..... the claimants.6. in response, the learned counsel for the claimants submitted that the deceased being an occupant in the car, claimants are entitled to compensation. placing reliance upon : ilr1998kar2583 [karnataka] [national insurance co. ltd. v. sarojini (since deceased) by l.rs. and ors.], the learned counsel submitted that 'personal accident cover' pre-supposes that it would be additional coverage ..... /or his paid driver attendant or cleaner and/or a person in the employ of the insured coming with the scope of workmen's compensation act 1923 and subsequent amendments of the said act and engaged in and upon the service of the insured at the time such injury in sustained whilst mounting or dismounting from or travelling in ..... case accident occurred on 05.05.1971 for which m.v. act 1939 was applicable. in the present case, the accident was on 11.05.1995 subsequent to the amendment to m.v.act 1988 on 14.11.1994. therefore the present case would be covered by the provisions of m.v.act, after .....
Tag this Judgment!Court : Chennai
Reported in : (2008)16VST481(Mad)
..... him, such an approach of the fourth respondent militates against the deeming fiction introduced in section 33 of the act to the effect, the remission of tax made under the repealed tngst act, 1959, shall be deemed to be a deferred payment of tax under section 33 of the tnvat act for the unexpired period for such remission.20. the learned ..... stated supra, when the petitioner has intended to remain in the waiver scheme under the vat act, they have no locus standi or right or authority to collect tax without amending eligibility certificate, for availing the benefit under section 33(1) of the vat act.15. the respondents have further submitted that the manufacturing unit who wants to remain in the .....
Tag this Judgment!Court : Chennai
Reported in : (2008)17VST59(Mad)
ORDERS. Manikumar, J.1. The petitioner has sought for a writ of certiorarified mandamus to quash the order of the second respondent, in his impugned proceedings bearing reference in communication No. RC. 196/04/A2, dated April 10, 2007, as being arbitrary, illegal and contrary to the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 and the proceedings of the fourth respondent to seek taking of any coercive steps against the petitioner for recovery of any tax arrears for the period up to March 31, 2007 under the Tamil Nadu General Sales Tax Act, 1959 and the Tamil Nadu Value Added Tax Act, 2006, including by issuance of form B6 notice or by attaching properties or monies directly or otherwise through the third respondent till the sanction by the fourth respondent of the scheme of rehabilitation under SIC (SP) Act, 1985 and receive payments and enforce payments in respect of taxes strictly in accordance with the final orders to be passed by the fourth respondent...
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