Court : Chennai
..... 34. legislature in the statutes has used the expression, 'personal hearing', 'opportunity of being heard', or 'consider the representation' etc. right if any under an act to be decided, by the competent authority, may or may not, require an opportunity of being heard. it depends upon the nature of the right. infringement and ..... reported in air 1966 sc 671, question considered was whether, under rule 54 of the mineral concession rules, 1960, framed under the mines and minerals regulation (ii) act, 1957, while deciding the revision application, the revision petitioner, as a matter of right, is entitled to personal hearing. rejecting the said contention, at paragraph 10 ..... pvc division, respondent herein, are manufacturers of denatured ethyl alcohol, falling under chapter sub-heading 2204.00 of the first schedule to the central excise tariff act, 1985, as it stood at the material time. denatured ethyl alcohol manufactured was cleared to their own unit at mettur dam, for further use in the .....
Tag this Judgment!Court : Chennai
..... goods, the additional collector has found that the goods had been imported in violation of the provisions of import (control) order, 1955 read with section 3(i) of the import and export (control) act, 1947. in the circumstances he considered it appropriate to direct absolute confiscation of the goods which indicates that he ..... gold at concessional rate of duty. contentions were made by the revenue that goods were imported in violation of import (control) order, 1955, read with section 3(i) of import and export control act, 1947. though in the above case, a contention was raised by the respondent that the gold is not a prohibited ..... an extent a prohibition. the expression "any prohibition" in section 111(d) of the customs act, 1962 includes restrictions. merely because section 3 of the imports and exports (control) act, 1947, uses three different expressions "prohibiting", "restricting" or "otherwise controlling", we cannot cut down the amplitude of the word "any prohibition" in section 111(d .....
Tag this Judgment!Court : Chennai
..... charge 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 of m.p. ..... 161 cr.p.c. from the witnesses t.l.lakshmanan and s.gajendran, it is seen that the said witnesses have specifically stated in the said statement about the criminal act/role played by the petitioner herein (a3-a5). in fact, the trial court has extracted the statement of the said witnesses in the impugned order and also the statement ..... rs.3,000/- for each of the candidates from a2 senthil kumar, has in fact brought in batch of fictitious persons, which cannot be said to be a legal act. the oral and documentary evidence collected during the course of investigation, establishes the role played by the accused persons and that is the reason why the petitioner was charge-sheeted .....
Tag this Judgment!Court : Chennai
..... company; that appointment of official liquidator summarily is not correct and that the debt had arisen primarily because of force majeure and the appellant company had no control about the prevailing situation and conditions. 5. the learned counsel appearing for the respondent per contra contends that it is the option of the creditor either to ..... passed the award. in the petition filed before the original side, this court rejected the very same grounds raised along with other objection under section 48 of the act and recognised the award as enforceable. therefore, the above disputes now raised by the appellant cannot be construed bonafide. 14. therefore, the learned single judge has ..... appellant-company is liable to pay the amount decreed therein and the award is also recognised as enforceable. as per section 46 of the arbitration and conciliation act, 1996, the said foreign award shall be treated as binding for all purposes on the persons as between whom it was made. if the appellant is able .....
Tag this Judgment!Court : Chennai
..... and authority; (iii) prisoners sentenced under the prevention of corruption act, 1988 (central act 49 of 1988), the suppression of immoral traffic in women and girls act, 1956 (central act 104 of 1956), the drugs and cosmetics act, 1940 (central act xxiii of 1940, the drugs control act, 1949 (tamil nadu act xxa of 1949), the dangerous drugs act, 1930 (central act ii of 1930) and the drugs and magic remedies (objectionable ..... advertisements) act, 1954 (central act 21 of 1954) or the prevention of food adulteration act, 1954 (central act 37 of .....
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 .....
Tag this Judgment!Court : Chennai
..... vs. state of maharashtra, a.i.r. 1965 s.c. 881 raj kapoor vs. state, a.i.r. 1980 s.c. 258 sri baragur ramachandrappa vs. state of karnataka, (2007) 5 s.c.c. 11 devidas ramachandra tuljapurkar vs. state of maharashtra, (2015) 6 s.c.c. 1 53. the submission made was that if the test ..... of selfish and ulterior motives. 87. material is also produced qua the development of sperm banks, which though stated to be controversial, have enabled women to have greater control over their reproductive lives. at these banks, much like blood banks, sperms supplied by sperm donors are collected and preserved, which are then used in cases where ..... perceived threats to the author, but also to issue appropriate directions to the respondents by framing guidelines as to how the state agencies or officials should respond and act in situations where extra-judicial organisations/individuals threaten the exercise of free speech by individuals. there were also prayers made to provide police protection to victims, option .....
Tag this Judgment!Court : Chennai
..... to provide them lpg distributorship as a matter of course, i.e. without subjecting them to the selection process? the above said points were answered by the karnataka high court by observing as under in para 11. 11. undeniably, it is the obligation of the public sector oil companies, which fall within the meaning of ..... within last 5 years preceding the date of advertisement or there should not be any proceedings pending against the dealership under marketing discipline guidelines/dealership agreement, kerosene control order or esma. f. common eligibility criteria as specified under para no. 6.1 above shall also be applicable to sko dealers. clause 9. procedure for ..... and substance is the heart beat of fair play. actions are amenable, in the panorama of judicial review only to the extent that the state must act validly for a discernible reasons, not whimsically for any ulterior purpose. the meaning and true import and concept of arbitrariness is more easily visualized than precisely defined .....
Tag this Judgment!Court : Chennai
..... foreign countries. the petitioner claims that it is a largest television broadcaster in the south asian states of tamil nadu, kerala, andhra pradesh, telengana and karnataka and the board of directors comprises of 8 directors out of which, 4 are independent directors. the petitioner company further stated that it offers 33 television ..... pending against one individual which is put against the petitioner companies for denial of security clearance, who is neither a director nor the majority share holder controlling the company. therefore, denial of security clearance is malice. 9.7 the learned senior counsels submitted that the contentions of the respondents that though the ..... district magistrate), suspects, on grounds appearing to that authority to be reasonable -- (a) of being of hostile origin; or (b) of having acted, acting or being about to act or being likely to act in a manner prejudicial to -- (i) the defence of india and civil defence; (ii) the security of the state; (iii) the public .....
Tag this Judgment!Court : Chennai
..... petitioner to read down the regulations under all india council for technical education (grant of approvals for technical institutions) regulations, 2010 in tune with the transfer of property act, in the considered opinion of the court, is legally unsustainable. 19. as already pointed out, the petitioner, being an institution running for the past 20 years ..... by the petitioner institution. 14. it is the submission of the learned senior counsel appearing for the petitioner that section 105 of the transfer of property act, 1882 speaks about leases of immovable property and therefore, lease of the land is permissible in terms of substantive law and since the land requirement in ..... mci to initiate necessary action against sri muthukumaran medical colleges as per the provisions of mci act, 1956. it is the further submission of the learned counsel appearing for the implead petitioner that mr.k.r.ramaswamy alias traffic ramaswamy has also filed w.p.no.14200 of 2015 with regard to grant of approval .....
Tag this Judgment!