Court : Chennai
..... obligation, the decision is called 'purely administrative' and there is no third category. ....".42. in the decision reported in (2002) 3 scc302(state of karnataka and another v. mangalore university non-teaching employees' association and others), the hon'ble supreme court held that only in cases where there is no possibility ..... moef was only to stop the construction activities and the petitioner can commence construction, after getting clearance from moef and approval from the central pollution control board. the petitioner company has shown their willingness to pay the remaining sale price and the demand draft sent was also returned. there is no ..... prevent such authority from doing injustice and will exclude arbitrariness and enhance the quality of administrative justice. the old distinction between a judicial act and an administrative act has been obliterated, withered away and now even an administrative order, which involves civil consequences must be consistent with the rules of natural .....
Tag this Judgment!Court : Chennai Madurai
..... 2010 and batch cases. 15.cauveryriver:- cauvery is an easterly flowing river of the peninsular india that runs across three of the southern indian states i.e. karnataka, tamil nadu, kerala and a union territory of puducherry. the fourth largest river of southern region, begins its 800 km long journey from the western ghats; ..... from 15.06.2012 and in this resolution also the petitioner signed. learned special government pleader further submitted that since the petitioner and others kept blocking the traffic and also damaged the poclains, lorries etc., it was decided to form a temporary pathway along the bank of kollidam riverbed and that the same is only ..... general. as pointed out earlier, illegal mining of sand and transporting to neighbouring states has largely been brought under the control. 2087 criminal cases have been registered against the sand offenders and also goondas act has been invoked on four persons. 6282 vehicles have been seized which were used for illegal mining. rs.17.19 .....
Tag this Judgment!Court : Chennai
..... guaranteed under the said article extends to the institutions established by religious or linguistic minority community.13. in t.m.a.pai foundation and others v. state of karnataka and others [(2002) 8 scc481, the following issues arose for consideration before the hon'ble supreme court: (1) is there a fundamental right to set up ..... in w.p.no.16791/2012, in support of his submissions, placed reliance upon the following judgments: (1) t.m.a. pai foundation and others v. state of karnataka and others [(2002) 8 scc481 (2) ashoka kumar thakur v. union of india and others [(2008) 6 scc1 (3) sindhi education society and another v. chief ..... in alignment with the constitutional protections available to such communities.114. the minority society can hardly be compelled to perform acts or deeds which per se would tantamount to infringement of its right to manage and control. in fact, it would tantamount to imposing impermissible restriction. a school which has been established and granted status of .....
Tag this Judgment!Court : Chennai
..... . therefore, the above judgment relied on by the learned government advocate (criminal side) is not applicable to the case on hand.18. likewise, the case in karnataka high court, circuit bench at dharwad in criminal petition no.8006 of 2010 [m/s.agron remedies pvt ltd., and another vs. state by drug inspector]. is ..... represented by v.meenakshi sundaram 7.v.meenakshi sundaram : petitioners vs. state represented by the drug inspector, theni range, madurai zone, o/o.the assistant director of drugs control, no.5, ramaiah street, shenoy nagar, madurai-625 020. : respondent prayer: criminal original petition is filed under section 482 of cr.p.c., praying to call ..... medicine in the sample. thus, the right of the first petitioner to send the sample to central drugs laboratory is curtailed under section 25(4) of the act. hence, the learned counsel prayed for discharging the petitioners from the prosecution.5. to substantiate his argument, he relied upon the decisions reported in medicamen biotech ltd .....
Tag this Judgment!Court : Chennai
..... to hold that such a lawyer can address the court orally also.' 30. at this juncture, this court worth recalls and recollects the decision indattaraj v. state of karnataka and another, 2003 cri.l.j.3212, at page 3213, it is held that 'the scope and the relief provided under sub-sec (2) of s.301 ..... courts, as the right of such private individual to participate in the conduct of prosecution in the sessions court is very much restricted and is made subject to the control of the public prosecutor. 11. further, the learned senior counsel for the petitioner refers to the decision of this court in a.meenakshi sundaram v. additional superintendent of ..... than few exceptions in criminal matters, the affected litigant is 'state' and it is for it to take necessary steps in bringing a person to book who had acted against the community/societal interest. 22. it is to be remembered that the scheme enshrined in criminal procedure code latently and patently indicates that a person affected by the commission .....
Tag this Judgment!Court : Chennai
..... or diminish its utility, as a 'forest' without the previous permission of the district collector and also to punish such persons who commits such prohibited act, the act should be extended also to kanyakumari district. therefore, there is no declaration made in the statement of objects and reasons that there were no private ..... of committees and in terms of said provision, the state government may by notification constitute for each district a committee for the purpose of the act with the district collector as the chairman and the district forest officer having jurisdiction over the district, tahsildar having jurisdiction over the area, executive engineer ..... lands and it was against the directive principles of state policy to allow a few persons to be in ownership and control of these agricultural lands. thus, the object of the kerala vesting act was to distribute the private forest lands among the agriculturist and agricultural labourers for agriculture. therefore, the kerala vesting .....
Tag this Judgment!Court : Chennai
..... to be established by him. a mere assertion about undue hardship would not be sufficient. it was noted by this court in s. vasudeva v. state of karnataka, (1993) 3 scc467that under indian conditions expression undue hardship is normally related to economic hardship. undue which means something which is not merited by the conduct of ..... relates to any duty demanded in respect of goods which are not under the control of central excise authorities or any penalty levied under this act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the adjudicating authority the duty ..... , (1984) 2 scc436and cce v. dunlop india ltd., (1985) 1 scc260cases without analysing factual scenario involved in a particular case.10. section 35-f of the act reads as follows: 35-f. deposit, pending appeal, of duty demanded or penalty levied. where in any appeal under this chapter, the decision or order appealed against .....
Tag this Judgment!Court : Chennai
..... apex court in h.m.t.house building co-operative society v. m.venkataswamappa and others (air1995sc2253 and bangalore city co-operative housing society ltd., versus state of karnataka and others (2012 (2) mlj401sc) that prior to the issuance of notification, there has to be an approval of the scheme by the government concerned. as ..... by the secretary, urban development, fort. st. george, madras-9 and two others (2001 (1)ctc481; (ii) bangalore city co-operative housing society ltd., versus state of karnataka and others (2012 (2) mlj401sc).(iii) b.anjanappa and others v. vyalikaval house building co-operative society limited and others (2012 (10) scc184; and (iii) raghbir singh ..... scheme of the third respondent was approved by the firs.respondent. the third respondent is a corporation owned and controlled by the state and therefore, section 3 (cc) of the land acquisition act is also applicable. in view of the same, sections 3 (f)(vi) would govern the case as the scheme is meant for housing .....
Tag this Judgment!Court : Chennai
..... left out of the group and that differentia must have a rational relation to the object sought to be achieved by the statute in question." 22. in state of karnataka v. n.parameshwarappa reported in 2003 (12) scc 192, in paragraph 8, the hon'ble apex court held thus: "8. ............. we do not find any ..... held that, "4. the principles underlying continuing wrongs and recurring/ successive wrongs have been applied to service law disputes. a 'continuing wrong' refers to a single wrongful act which causes a continuing injury. 'recurring/successive wrongs' are those which occur periodically, each wrong giving rise to a distinct and separate cause of action. this court ..... the age of superannuation, he was retired from service on 30.11.2001. the application filed by him under section 9 of the administrative tribunals act, 1985 (for short, 'the act') for counting his temporary service as part of qualifying service for the purpose of calculation of the retiral benefits was disposed of by the tribunal .....
Tag this Judgment!Court : Chennai
..... penal code, he had also alleged commission of an offence punishable under section 3(i)(x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989, as the revision petitioners and their supporters made a mention of their community in an insulting way in the view of public. an unscrupulous police officer, ..... from the firs.petitioner and the inspector of police, who submitted a report to the tahsildar for initiation of proceedings under section 107 cr.p.c.have acted in a biased manner, supporting the unethical claim of the revision petitioners and disregarding the legitimate claim of ".a". party to have an approach road to ..... disclosed by the contents of the complaint, besides an offence under section 3 (1) (r) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 as amended by central ordinance no.1 of 2014 and place the matter before the officer competent to appoint the investigating officer. 11.the criminal revision petition .....
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