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
..... 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
..... debridement and ankle spanning external fixator application and k wire fixation lateral malleolus. patient in supine position, right lower limb painted and raped. under tourniquet control, would over the medical aspect of ankle extended and ankle joint exposed and found the would communicating with right ankle joint and pus collection present in ..... party right to sue directly against the insurer. subsequently, the road traffic act, 1930 was enacted which provided for compulsory insurance of motor vehicles. the provisions of the said act was engrafted in section 95 of the act. under section 38 of english act, 1930, certain conditions of insurance policy were made ineffective so far as ..... unless it is proved by evidence that the vehicle has been transferred in the name of venkatachalam, the provision of section 149 of the motor vehicles act would not be applicable, because, in the absence of such evidence on record, this court should absolve the insurance company from the liability, hence, .....
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
..... for vacating and handing over vacant possession of the property within two months time. as per section 10(3)(d) of the tamil nadu buildings (lease and rent control) act where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section before ..... in both the appeals are liable to be set aside on the ground that under section 10(3)(d) of the tamil nadu buildings (lease and rent control) act, the rent control original petition is liable to be rejected for the reason that the landlady had issued a legal notice dated 21.10.2010, much prior to the expiry ..... order holding the letting purpose to be residential'. (iv) laws (kar)-2000-12-24 [managing director, m/s.lakanpal national ltd., vs. k.m.kondappa] wherein the karnataka high court held as follows: ... 23. as stated, the description of the building stated in the eviction petition clearly indicates that the building was constructed for residential use and .....
Tag this Judgment!Court : Chennai
..... against the accused in respect of the commission of that offence." 12. support of the above view was drawn by this court from earlier decisions rendered in state of karnataka vs. l.muniswamy, 1977 cri.l.j. 1125, state of maharashtra and others vs. som nath thapa and others, 1996 cri.l.j. 2448 and state ..... his official position granted licences to m/s.atoz life science, puducherry and seven other manufacturing units for manufacture of new drugs without the prior approval of the drugs controller general of india, new delhi. in pursuance of the conspiracy, the petitioner herein (a2) and the 3rd accused-vaidyanathan (deceased) and others did not apply ..... drugs, without even applying and obtaining prior approval of the drugs controller general of india, new delhi. further, the petitioner has without even subjecting the said 25 drugs to the safety, and efficacy test and also clinical test as stipulated in the drugs and cosmetics act and rules, and thereby the health of the consumer/patients were .....
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
..... 324. having noticed the statement of dr.b.r.ambdekar before the constituent assembly, the supreme court observed that by enacting article 324, the superintendence, direction, control and conduct of election was no more left in the hands of executive but was entrusted to an autonomous constitutional authority (i.e.) the election commission. ..... the usage of 'multi point single choice electronic voting machines' are required, wherein for the various posts, multiple ballot units are connected in tandem with the control unit for the purpose of casting the franchise. 39. it is submitted by the learned senior counsel for the election commission that throughout the state, there are ..... have taken eco-friendly initiatives like maintaining greenery, planting of new trees and similar acts for the welfare of the human race. in this regard, it is imperative to quote hereunder the note proposed by the state election commission of karnataka, which would be an eye opener for all the states to follow suit :- .....
Tag this Judgment!Court : Chennai
..... been exercised with due circumspection. (ii) in 2012 (8) supreme court cases 216 michigan rubber (india) limited vs. state of karnataka and others it has been held as follows:- 23. from the above decisions, the following principles emerge : (a) the basic ..... p.w.d. and the said norms are in the interest of public safety and would facilitate smooth movement of traffic, it will be difficult to hold that the rules and sub-rules of p.w.d. contemplated in the advertisement ..... there is no bar for petitioner to participate in the tender. the certificate produced by the petitioner from the pollution control board at gujarat categorically sates that if the plant is attached to the common effluent treatment plant, that affluent plant ..... administrators especially in contractual matters. for interference, it must be shown that the decision is such that no responsible authority acting resonably and in accordance with relevant law could have reached and there must be an element of public interest. further, .....
Tag this Judgment!Court : Chennai
..... of factories in tuticorin. as it could be seen from the tuticorin port trust letter dated 27.11.2008 that the lands are required for developing cargo traffic. the said land has already notified as salt manufacturing area and totally non polluting industry. our entire salt department land in tuticorin head quarter factors starts with ..... once again remanded to the first respondent for fresh consideration and adjudication and the first respondent may take note of the provisions contained in land acquisition act, 1894 (central act 1 of 1894) which was in operation in the relevant field and thereafter re-fix the market value in accordance with law and decide the lease ..... director of the petitioner company and he would state among other things that the petitioner company is a public limited company incorporated under the provisions of the companies act, 1956, with the main object of manufacture and marketing of salt. the second respondent, namely the tuticorin port trust is the owner of vast extent .....
Tag this Judgment!