Court : Chennai
..... or diminish its utility, as a 'forest' without the previous permission of the district collector and also to punish such persons who commits such prohibited act, the act should be extended also to kanyakumari district. therefore, there is no declaration made in the statement of objects and reasons that there were no private ..... of committees and in terms of said provision, the state government may by notification constitute for each district a committee for the purpose of the act with the district collector as the chairman and the district forest officer having jurisdiction over the district, tahsildar having jurisdiction over the area, executive engineer ..... lands and it was against the directive principles of state policy to allow a few persons to be in ownership and control of these agricultural lands. thus, the object of the kerala vesting act was to distribute the private forest lands among the agriculturist and agricultural labourers for agriculture. therefore, the kerala vesting .....
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
..... ] 3 scc 53 this court, dealing with a similar provision for striking out of defence in section 11a of the bihar build- ings (lease, rent and eviction) control act, 1947 referred to govindlal chhagganlal patel's case (supra), and held as follows:- "applying this well-recognised canon of construction the conclusion is inescapable that the word 'shall ..... set aside and hereby set aside. 50. mr.ar.l.sundaresan, learned senior counsel relied upon the decision reported in (2004) 2 supreme court caes 783, karnataka rare earth and another v. senior geologist, department of mines and geology and another, wherein it was held that the advantage gained by party relying on interim ..... m/s.sbec projects private limited v. bgr energy systemts limited] the decision of the hon'ble apex court reported in (2004) 2 supreme court cases 783, karnataka rare earth and another v. senior geologist, department of mines and geology and another has been followed. 53. there is no quarrel over the propositions laid down .....
Tag this Judgment!Court : Chennai
..... the others in category -b. thus, merely based upon number of years of import, the classification made cannot be sustained. in the above said decision, the karnataka high court has not considered the scope of article 14. in support of his contention, the learned senior counsel has made reliance upon the following citations: 1. ..... ", in essence, is liberalization of trade. today india has dismantled licence-raj. the economic reforms introduced after 1992 have brought in the concept of "globalization". decisions or acts which results in unequal and discriminatory treatment, would violate the doctrine of "level playing field" embodied in article 19(1)(g). time has come, therefore, to say ..... is taken up for hearing and the learned counsels have been heard at length. 2. the petitioner is a registered dealer under tamil nadu value added tax act. he was also issued iec number by the office of the director general of foreign trade. he deals with spices, dry fruits, chemicals and other similar items .....
Tag this Judgment!Court : Chennai
..... memorandum expressing its intent to set up the unit. under ex.p3, the business carried on by the landlords in the state of karnataka was closed. therefore, it is evident that the landlords have established their intention to start the business in the petition premises. therefore, ..... of m/s.mysore leather corporation. the registration certificate was marked as ex.p3. the business was closed by the state of karnataka under ex.p4 dated 05.01.2008. in order to start their own business in the petition property, the landlords have filed ..... : civil revision petition filed under section 25 of the tamil nadu buildings (lease and rent) control act, 1960 against the order made in r.c.a.no.35 of 2011 on the file ..... the business in the petition premises and since the landlords have already taken steps for starting the business, the order of eviction by the rent control appellate authority is proper. 12. in support of his contentions, the learned counsel relied upon the following judgments: (i) 1998 (iii) .....
Tag this Judgment!Court : Chennai
..... the complaint, the industrial and labour courts are empowered to issue preventive as well as positive direction to an erring employer. 36. umadevi (3) [state of karnataka v. umadevi, (2006) 4 scc 1] does not denude the industrial and labour courts of their statutory power under section 30 read with section 32 of ..... adjudication and settlements, and regulates the rights of the parties and the enforcement of the awards and settlements. thus, by empowering the adjudicator authorities under the act to give reliefs such as reinstatement of wrongfully dismissed or discharged workmen, which may not be permissible in common law or justified under the terms of the ..... the field of labour law, in particular with regard to domestic enquiry, bonus, gratuity, fair wages, industrial adjudication etc. the industrial disputes (appellate tribunal) act, 1950 which provided for an all-india appellate body with powers to hear appeals against the orders and awards of industrial tribunals and labour courts in india .....
Tag this Judgment!Court : Chennai
..... town and village panchayats - necessary action can be taken by concerned authorities by following relevant provisions of law applicable to corporation or panchayats. national highways act, 1956 or control of national highways (land and traffic) act, 2002 - tamil nadu highways act, 2001 - unauthorised encroachment of national highways and state highways - action can be taken for removal of encroachments by following procedure prescribed under national highways ..... act, 1956 or control of national highways (land and traffic) act, 2002 - similarly encroachments can be removed on state highways by following provisions of tamil nadu highways act, 2001 - unauthorised encroachments on land belonging to local authorities which does not form part of road, road margins .....
Tag this Judgment!Court : Chennai
..... would neither convey any title nor crate any interest in immovable property. as the registration is mandatory under sections 17 and 49 of the indian registration act, the very act of registration without being a valid power would become void. 22. considering the scope of power deed, it has been held by the supreme court ..... by law. a party to the deed also cannot seek a right based upon unregistered document over immovable property requiring registration. 26. section 32 of the registration act speaks of presentation of the document for registration. it speaks of two different categories of persons for the purpose of this case. the first category is person ..... .'' 30. thus, when the presentation on the face of it is unauthorised, it can never be any registration giving an iota of recognition through the official act. rule 22 of the registration rules under chapter vii deals with presentation and examination of documents. when we speak about examination of document, the registering officer will .....
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!Court : Chennai Madurai
..... year 1994 till the year 2008, the institution failed to get recognition under section 13 of the orphanages and other charitable homes (supervision and control) act, 1960, though they obtained a temporary recognition in 2008. (iii) that even after the advent of the juvenile justice (care and protection of children ..... there were two different enactments in force. one was the orphanages and other charitable homes (supervision and control) act, 1960 (in short "orphanages act") and the other was the juvenile justice act, 1986. 39. section 2(d) of the orphanages act defines a home to mean an institution, whether called an orphanage, a home for neglected women or ..... the provisions of the orphanages and other charitable homes (supervision and control) act, 1960 in the year 2008. but, they did not obtain any registration either under the juvenile justice act, 1986 or under the juvenile justice (care and protection of children) act, 2000 (central act 56 of 2000). 3. it appears that only in the year .....
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