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 .....
Tag this Judgment!Court : Chennai Madurai
..... : 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. the company is in existence for more than 30 years. the seventh respondent company has got licences in all the ..... 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 ..... have also got no controversy over the said legal position. in this regard, we may refer to section 67 of the motor vehicles act, 1988, which reads thus:- 67. powers to state government to control road transport. (1) a state government, having regard to - (a) the advantages offered to the public, trade and industry by .....
Tag this Judgment!Court : Chennai Madurai
..... of the deceased and ex.p2-postmortem certificate, which cannot be said to be erroneous, 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 ( ..... though not periodically, as done in the case of government or public sector undertakings or boards or corporations, companies owned and controlled by the government or limited companies. 66. we have already extracted the orders of the chief labour commissioner, ministry of labour ..... dead. in this regard, a case in crime no.100/2014 under section 304(a) ipc, on the file of tirunelveli traffic investigation wing police, has been registered against the driver of the bus. claiming compensation of rs.15,00,000/-, the claimants laid ..... 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 Madurai
..... , by construction, make up deficiencies which are there. (iii) in institute 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 be read ..... according to the rules of grammar. when the language is plain and unambiguous and admits of only one meaning, no question of construction of a statute arises, for the act speaks for itself. it is a well recognized rule of construction that the meaning must be collected from the expressed intention of the legislature. (11) in inland revenue ..... be open to the courts to adopt any other hypothetical construction on the ground that such hypothetical construction is more consistent with the alleged object and policy of the act. the words used in the material provisions of the statute must be interpreted in their plain grammatical meaning and it is only when such words are capable of .....
Tag this Judgment!Court : Chennai Madurai
..... ban period were not correctly decided. 20.2. the learned special government pleader relied on the judgment of the apex court in t.m.a.pai foundation v. 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 v ..... one shall also take note of the fact that when section 14-a was introduced in the act, article 21-a was not inserted in the constitution. 34.8. the judgment of the apex court in t.m.a.pai foundation v. state of karnataka, (2002) 8 scc 481, relied on by the learned special government pleader, has no application ..... attained independence on the 15th august 1947. it is the past history that most of the indian territory came under the control of the british and other european countries, while the rest of the territories were under the control of hundreds of feudal kings. the foreign rule came to an end. our constitution was enacted thereafter. education occupies an .....
Tag this Judgment!Court : Chennai Madurai
..... on the entry in ex.p2-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 ..... nevertheless the law recognises that as a topic upon which damages may be given." (iii) in yet another decision in divisonal controller, ksrtc v. mahadeva shetty and anotherreported in (2003) 7 scc 197, at paragraph 12, the supreme court has held ..... tenkasi- tirunelveli main road. at the time of accident, signal was not working and that the deceased was following the traffic rules. he has specifically denied the suggestion that he was not present at the scene of accident. thus, it could ..... madan mohan reported in (2009) 13 scc 422, the hon'ble apex court reiterated that the compensation awarded under the act should be just and also identified the factors which should be kept in mind while determining the amount of compensation. the .....
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 Madurai
..... is being closed for 88 times every day. to say, the said level crossing is closed for nearly 12 hours per day. in such circumstances, the vehicular traffic is limited so as to reach the destinations, so to say, virudhunagar district head quarters government hospital and the services of emergency ambulances to the hospital are being ..... either side. 22.2. this attempt on their part would prejudice the interests of the residents of that locality, including the petitioners, because the free flow of traffic and their ingress and egress to the public road/public street is totally restricted. 22.3. the process for land acquisition to acquire the land on either side ..... 2014, calling for the objections for the proposed fixation. 26.12. the notification under section 8(1) of the tamil nadu highways act, 2001, has been given for fixing boundary line, building line and control line. since the said notification has to be given by the highways authority, fixing the boundary lines, which is a technical in .....
Tag this Judgment!Court : Chennai Madurai
..... respondents. 9. in this context, it is worthwhile to draw the observations of 11 judges bench of the supreme court in t.m.a.pai foundation vs. state of karnataka, reported in ( 2002) 8 scc 481 as under: " the essence of secularism in india can best be depicted if a relief map of india is made in ..... loss and great hardship. 3. the official respondents have not filed any counter, but however contested the case, stating that it is highly impossible for the police to control the crowd and certainly, there will not be any communal harmony, instead communal clash will take place. if the celebrations are allowed to be conducted by the people ..... and therefore, permitting christmas celebration by the petitioner on 25.12.2015 will lead to law and order problem. however, the information received under the right to information act from the district collector on 05.05.2010 would reveal that there is no permission granted to any person to conduct religious worship, celebration in the specified place. .....
Tag this Judgment!