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
..... 62], the supreme court referred to the serious differences in the constitution of appellate authorities under the water (prevention and control of pollution) act, 1974 and air (prevention and control pollution) act, 1981 and opined that the law commission of india could examine the disparities in the constitution of the quasi-judicial ..... the state government and central government.ngt cannot frame the schemes.17.jurisdiction confined to state of tamil nadu alone.jurisdiction extended to states of karnataka, andhra pradesh, kerala, tamil nadu, pondicherry and andaman and nicobar islands. civil courts are ousted from entertaining suits in respect of environmental ..... wild life, sea, lakes, rivers, streams, fauna and flora; (b) preservation of natural resources of the earth; (c) prevention, abatement and control of environmental pollution including water, air and noise pollution; (d) enforcement of any legal or constitutional rights relating to environment and pollution under the constitution of .....
Tag this Judgment!Court : Chennai
..... v. deputy commissioner for transport [1987 (supp.) scc 452], the levy of additional tax under section 8 of the karnataka motor vehicles taxation act, 1957 was in question. in order to sustain the levy, the state of karnataka argued in the said case that the liability of the registered owner to pay tax in respect of stage carriage depended ..... of a regulatory measure, it is possible to use taxation also as a measure of regulation. therefore, the courts have to see whether the impugned law seeks to control the conditions under which an activity like trade is to take place. if it does, then such law is regulatory. but, if the impugned taxing or non-taxing ..... the state seeks to justify the levy, primarily on three grounds, namely: (a) that the temporary licences issued to contract carriages under tamil nadu motor vehicles taxation act, 1974 are more often misused by the operators, to make more than one trip within the duration for which such licences are granted and hence, there arose a necessity .....
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
..... , kannur for treatment. he was later referred to tejasvini hospital, mangalore for further treatment. due to the accident, the claimant became permanently disabled and totally bed-ridden. the kannur traffic police registered a case in crime no.788/2011 against the jeep driver. stating that he has to continue the rest of his life in bed with the help of ..... role in ensuring that the compensation reaches the victims/claimants without undue delay and without there being any form of digression of compensation. 4. section 168 of the motor vehicles act, 1988 provides that the claims tribunal should award just compensation. what may be just in judicial order does not reach the hands of the victims/claimants. courts cannot be ..... the effectiveness of the above said procedure, it can be implemented in respect of all other cases involving such bank transactions. for instance cases pertaining to land acquisition, rent control, family court, etc., besides execution petitions, can follow the above procedure.
Tag this Judgment!Court : Chennai
..... of public law or public interest involved even in such a commercial transaction. (ii) (2012) 8 supreme court cases 216 [michigan rubber (india) limited vs. state of karnataka and others] wherein the hon'ble supreme court held as follows: 23. from the above decisions, the following principles emerge: (a) the basic requirement of article 14 is ..... not offer to pay 2 per cent bonus in licence fee. it was also submitted that air india s representation that it would be able to bring more traffic was illusory and for that reason also air india s proposal cannot be regarded as superior or even comparable with the proposal of cambatta. we do not ..... . it is only concerned with the manner in which those decisions have been taken. the extent of the duty to act fairly will vary from case to case. shortly put, the grounds upon which an administrative action is subject to control by judicial review are: (i) illegality; (ii)irrationality; and (iii) procedural impropriety. further, the principles deducible .....
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