Court : Chennai
..... pramati educational and cultural trust, this court, after taking note of the factual position and after referring to the decision in tma pai foundation v. state of karnataka [(2002) 8 scc 481] and other decisions relied upon by both parties and the law laid down by the apex court, held as under: "56. ..... which reads as under: "64. accordingly, we hold that the right of children to free and compulsory education act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate government or a local authority; (ii) an aided school including aided minority school(s) receiving ..... guidelines framed by the national council for teacher education for the purpose. 3. the said section clearly specifies that teachers who at the commencement of this act, do not possess minimum qualifications as prescribed by the academic authority authorized by the central government shall acquire such minimum qualifications within a period of 5 years .....
Tag this Judgment!Court : Chennai
..... academy of prisons and correctional administrations, a society registered under the tamil nadu societies registration act, 1975, is governed by its own rules and regulations and it is not a government institution. the central government is not the controlling authority on the affairs and functions of board of the management. the central government ..... of prisons and correctional services, andhra pradesh. (3) the director general of prisons and correctional services, kerala. (4) the director general of police and inspector general of prisons, karnataka. (5) the director general of prisons and correctional services, telangana. (6) the director (sr), ministry of home affairs, government of india, new delhi (7) the ..... high court reported in teja singh v. union territory of chandigarh [air 1982 p and h 169]. ........... 21. in k.marappa gounder v. the central road traffic board, madras, (1956)1 m.l.j. 324, rajagopalan, j., has held as follows: "it is a well-settled proposition of law that it is .....
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
..... factors mentioned therein exist. in other words, such a registration, if done, would become a nullity, as mandated under section 4 of the act, which says that such a design shall not be registered . after all, the controller though is required to consider all relevant materials, would normally look into those produced by a proprietor alone, at the time of granting registration ..... to dwell much into it. the applicants are the prior user/registered proprietor under the designs act, 2000. their application for innovation qua the inventional aspects, is pending before the controller of patent. the respondent has also filed an application under section 19 of the designs act, 2000. there are other persons, who got the registration, of which, one is for cook-op .....
Tag this Judgment!Court : Chennai
..... the ratio decidendi. this is the rule of sub silentio, in the technical sense when a particular point of law was not consciously determined." (x) in government of karnataka and others v. gowramma and others air 2008 sc 863, with reference to precedential value of a decision, the hon'ble supreme court, held thus, "reliance on the ..... argument, while of persuasive weight, are not judicial pronouncements and do not decide anything." 28. in municipal corporation of delhi v. gurnam kaur, (1989) 1 scc 101 and divisional controller, ksrtc v. mahadeva shetty, (2003) 7 scc 197, this court has observed that, "mere casual expressions carry no weight at all. not every passing expression of a judge ..... 22) when an employee, who has put in not less than-ten years of satisfactory service in a society governed by the provisions of the payment of gratuity act, 1972 (central act 39 of 1972) retires from service or if he dies while in service, it shall be competent for the board to sanction him or to his heirs, .....
Tag this Judgment!Court : Chennai
..... by construction, make up deficiencies which are there. (iii) ininstitute of c.a. of india v. ajit kumar iddya reported in air 2003 kant. 187, the karnataka high court held that, so far as the cardinal law of interpretation is concerned, it is settled that if the language is simple and unambiguous, it is to ..... considered all the three applications and passed a common order, dated 13th february, 2015, holding that the respondent bank has initiated proceedings to recover public money, under sarfaesi act, 2002, which is not vitiated. 40. aggrieved by the same, the petitioners therein preferred three appeals before the debt recovery appellate tribunal, chennai. office has raised ..... may, on such application, make an order for expeditious disposal of the pending application by the debts recovery tribunal. (7) save as otherwise provided in this act, the debts recovery tribunal shall, as far as may be, dispose of the application in accordance with the provisions of the recovery of debts due to banks .....
Tag this Judgment!Court : Chennai
..... absorbed in such alternative posts which should broadly be in allied categories and where their background and experience in earlier posts could be utilized. for example, traffic running and operating ,staff need not necessarily be absorbed in the ticket checking cadre alone but they could also be absorbed in other commercial, station or ..... 2005 no.e(ng)i/2004/re-3/9 dated 31.05.2005 subject :- the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995- absorption of disabled/ medically decategorised staff in alternative employment- date of effect of the revised scheme question regarding. chapter xii of indian railway establishment ..... was decided prior to 07/02/1996, your case cannot be reviewed under the "the persons with disabilities (equal opportunities protection of rights and full participation) act 1995"." 26. thus, from the above materials, it could be deduced that on medical unfitness in the year 1987, the 2nd respondent has been given .....
Tag this Judgment!Court : Chennai
..... absolute in terms of the offer made. unless such terms are reasonably ascertained, the court will not enforce the terms of the contract. this ratio has been laid down by karnataka high court in sudha vs. shardamma (1986 (1) civ.lj.377) at 382, (kant). 41. as observed in the earlier paragraphs, there is no standard format to reduce ..... 17. the plaintiff's peaceful possession and enjoyment of the suit property as the tenant was confirmed by the fact when the 1st defendant had taken out a rent control proceedings against the plaintiff in r.c.o.p.no.1522 of 2008 on the file of the xiv small causes court, chennai to evict him from the suit property ..... section 17 as under:- [(f) instruments of agreement relating to construction of building as referred to in clause(i) under article 5 of schedule i to the indian stamp act, 1899 (central act ii of 1899); (g) instruments of agreement relating to sale of immovable property of the value of one hundred rupee and upwards; (h) instruments of power of .....
Tag this Judgment!Court : Chennai Madurai
..... granting the title to the plaintiff, whether, a court can pass a decree for possession, against the tenant, without the landlord availing the remedies, under the rent control act? (c) when the appellant had raised in the grounds in the memorandum of appeal regarding the question of jurisdiction of a civil court to grant a decree for ..... cannot be relied upon. then, the learned counsel for the respondents, relied upon another judgment of the karnataka high court in the case of smt.rachavva and another v. kariyappa siddappa itagi and another reported in air 1981 karnataka 76 for the proposition that a tenant disputing a title of landlord by setting up a plea of adverse ..... possession, cannot fall back upon the tenancy in view of section 111 of the transfer of property act. in the present case, the first defendant does not .....
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 .....
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