Court : Chennai
..... also dealt with the issue. we may refer to them as under with the relevant portions extracted. (a) in islamic academy of education v. state of karnataka, (2003) 6 scc 697, five-judge bench of the supreme court held as under: 25. privately managed educational institutions imparting professional education in the fields of ..... also dealt with the issue. we may refer to them as under with the relevant portions extracted. (a) in islamic academy of education v. state of karnataka, (2003) 6 scc 697, five-judge bench of the supreme court held as under: 25. privately managed educational institutions imparting professional education in the fields of ..... test because judicial review is a counter-majoritarian force, since the supreme court declares unconstitutional a legislative act or the act of an elected executive and, thus, thwarts the will of the representatives of the people. thus, it exercises control not on behalf of the prevailing majority, but against it [see: american jurist alexander bickel' .....
Tag this Judgment!Court : Chennai
..... has, therefore, to be made with a view to determining which provision answers the description and which does not. 106. in r.s.raghunath v. state of karnataka and another [(1992) 1 scc 335], a three-judge bench referred to the earlier judgments in aswini kumar ghose v. arabinda bose [air 1952 sc 369], ..... of the draftsman of the clauses arranged thereunder. according to the other view, resort to heading can only be taken when the enacting words are ambiguous. they cannot control the meaning of plain words but they may explain ambibuities. (principles of statutory interpretation by justice g.p. singh, ninth edition, v. 2004, pp. 152, ..... happening of both, a recovery certificate could be corrected by the presiding officer. 37. in section 26 of recovery of debts due to banks and financial institutions act, 1993, legislature, has consciously used the words withdrawing or cancelling. though under what circumstances, a recovery certificate could be withdrawn, is not specifically mentioned in section .....
Tag this Judgment!Court : Chennai
..... remains an authority even if his salary is paid from the parking charges inasmuch as he still would have the right to control the traffic and anybody violating the traffic rules may be prosecuted at his instance. 76. it is not that every body or association which is regulated in its private functions becomes ..... to the government. in such context, the supreme court held that "icrisat is not a state". (m) in islamic academy of education v. state of karnataka reported in air 2003 sc 3724, the petitioners therein were mostly unaided professional educational institutions, both minority and non-minority. it was inter alia contended that the ..... , africa and latin america. insofar as the administration and governance is concerned, a memorandum of agreement was entered into between the government of india and ford foundation (acting on behalf of the consultative group) on 28th march 1972, by which, the institute shall be established in india as an autonomous, international philanthropic, non-profit, .....
Tag this Judgment!Court : Chennai Madurai
..... supporters except in the place earmarked for agitation, shall not do anything in the public road or in the public place to halt or disturb the traffic or cause inconvenience to the public, which includes conducting homam , yaham and prayers in public place and make gestures or utterances affecting the sentiments of any ..... untoward incident should be the prime consideration of the law enforcement agency. x) police is permitted to impose reasonable restrictions, while regulating traffic. it is made clear that under the guise of traffic regulation, stringent conditions should not be imposed, except to maintain law and order. 14. in city of londond corp v. samede ..... power also precipitate to gain political advantage at the risk and cost of their opponents. unless such acts are controlled with iron hands, innocent citizens are bound to suffer and they shall be the victims of the highhanded acts of some fanatics with queer notions of democracy and freedom of speech or association. that provides .....
Tag this Judgment!Court : Chennai
..... 42. it was brought to the notice of this court that madhya pradesh high court, punjab and haryana high court, gujarat high court, delhi high court, karnataka high court, kerala high court and jharkhand high court implicitly follow sakiri vasu and do not issue directions to register firs. 43. it is the prerogative of ..... counsel, viz., m/s.r.c.paul kanakaraj, k.selvaraj, n.vijayaraghavan, r.sankarasubbu, v.raghavachari, t.mohan, nalini, sesubalan rajan and m. venkadeshan and traffic ramasamy-party-in-person, were in favour of retaining the present procedure. 9. contra submissions were made by m/s.i.subramaniam and a.ramesh, learned senior counsel ..... do not register an fir, the magistrate can initiate prosecution against the station house officer under section 21 read with section 44 of the district police act before the chief metropolitan magistrate or the chief judicial magistrate. such a prosecution can also be launched by the complainant before the chief metropolitan magistrate or the .....
Tag this Judgment!Court : Chennai
..... of public law or public interest involved even in such a commercial transaction. (ii) (2012) 8 supreme court cases 216 [michigan rubber (india) limited vs. state of karnataka and others] wherein the hon'ble supreme court held as follows: 23. from the above decisions, the following principles emerge: (a) the basic requirement of article 14 is ..... not offer to pay 2 per cent bonus in licence fee. it was also submitted that air india s representation that it would be able to bring more traffic was illusory and for that reason also air india s proposal cannot be regarded as superior or even comparable with the proposal of cambatta. we do not ..... . it is only concerned with the manner in which those decisions have been taken. the extent of the duty to act fairly will vary from case to case. shortly put, the grounds upon which an administrative action is subject to control by judicial review are: (i) illegality; (ii)irrationality; and (iii) procedural impropriety. further, the principles deducible .....
Tag this Judgment!Court : Chennai
..... town and village panchayats - necessary action can be taken by concerned authorities by following relevant provisions of law applicable to corporation or panchayats. national highways act, 1956 or control of national highways (land and traffic) act, 2002 - tamil nadu highways act, 2001 - unauthorised encroachment of national highways and state highways - action can be taken for removal of encroachments by following procedure prescribed under national highways ..... act, 1956 or control of national highways (land and traffic) act, 2002 - similarly encroachments can be removed on state highways by following provisions of tamil nadu highways act, 2001 - unauthorised encroachments on land belonging to local authorities which does not form part of road, road margins .....
Tag this Judgment!Court : Chennai
..... the recruitment procedure. (iii) that the case arose out of appointment of temporary employees on daily wages in commercial taxes department in the state of karnataka without the sanctioned posts and without reference to qualification and without following the due process of selection and they were continued for years together. (iv ..... increased by the state and the said salary was paid by the public sector banks which utilized their service. but the appointment, discipline and control of these persons were with the state. those special police officers sought regularization of their services by approaching the punjab high court. (iii) ..... petitions, run thus : (i) the periyar university (shortly the university ?) was established in the year 1997 vide the tamil nadu periyar university act, 1997 (shortly the act ?). the university has jurisdiction over the salem, dharmapuri, namakkal and krishnagiri districts. (ii). the university established its first constituent college at mettur dam .....
Tag this Judgment!Court : Chennai Madurai
..... determined on the basis of ex.p5, postmortem certificate, which cannot be found fault with in view of the judgments in fakeerappa v. karnataka cement pipe factory [2004 (4) lw 20] and the managing director, tamilnadu state transport corporation, madurai v. mary [2005 ( ..... by transport operators getting away with it thanks to judicial laxity, despite the fact that they do not exercise sufficient disciplinary control over the drivers in the matter of careful driving." (ii) in a decision in union of india v. saraswathi ..... opposing the claim petition, transport corporation has denied the negligence. according to them, the bus was driven, by observing all the traffic rules. near kottar devasahayam saw mill, the deceased was riding the motor cycle in a rash and negligent manner and attempted ..... 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. .....
Tag this Judgment!Court : Chennai
..... of law, whether the tribunal was right in law, in holding that the levy of interest under section 234c of the act is mandatory without appreciating that the deferment in payment of advance tax was beyond the control of the assessee? 6. mr.n.vijayaraghavan, learned counsel for the appellant submitted that sections 234b and 234c operate on ..... learned counsel for the appellant submitted that in the above reported judgment, while considering the retrospective effect of an amended provision, a hon'ble division bench of the karnataka high court held that the assessee cannot be held liable to pay interest, under section 234(c). in the light of the above contentions, learned counsel for the ..... provided he limits himself to the ground that he is not liable to the levy at all. in this connection we may usefully refer to the decision of the karnataka high court where in a judgment in national products v. commissioner of income-tax, mysore, [1977] 108 itr 935. govind bhat, c.j., explained the position .....
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