Court : Chennai
Decided on : Oct-14-2004
Reported in : (2005)IILLJ254Mad
ORDERA.K. Rajan, J.1. Though notice has been served, nobody appeared on the side of the third respondent. Name of the third respondent has been printed in the case (sic) list. Even today also, there is no appearance on the side of the third respondent.2. The writ petition has been filed for issue of a writ of mandamus to forbear the third respondent from interfering with the service conditions mentioned in their Section 9-A notice of the I.D. Act till a proper adjudication by a Tribunal is over or by a proper settlement.3. A settlement was entered into between the employees and the management under Section 12(3) of the Industrial Disputes Act on May 8, 1989 and on March 14, 1991. While so, by an order, dated September 22, 1997, in accordance with Section 9-A of the Industrial Disputes Act, the management issued a notice stating that it intended to effect the changes specified in the annexure, with effect from October 14, 1997 in the conditions of service applicable to workmen in respec...
Tag this Judgment!Court : Chennai
Decided on : Sep-03-2004
Reported in : I(2005)ACC19; 2006ACJ523; 2004(4)CTC686; (2004)4MLJ251
N. Kannadasan, J.1. The claimants have filed the above appeal, seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal.2. The learned counsel for the appellants contended that the Tribunal while fixing the quantum for the death of the deceased girl, who was aged about 11 months, failed to consider the fact that even though the claim of Rs.2 lakhs was prayed for, a meagre amount of Rs.75,000/- alone was awarded without adducing any reason. The learned counsel further contended that the Tribunal has not correctly applied the principle laid down by the Judgment of this Court in Managing Director, Dheeran Chinnamalai Transport Corporation vs. Thangaraju and another . The learned counsel further contended that the age of the deceased is immaterial, while quantifying the compensation to be awarded and on various occasions, the Tribunals have awarded a higher amount ranging from Rs.1.50 lakhs to Rs.2 lakhs, which have been upheld by various High Courts and according...
Tag this Judgment!Court : Chennai
Decided on : Mar-30-2004
Reported in : [2004]120CompCas510(Mad); (2004)2CompLJ274(Mad); 2004(2)CTC561; [2004]52SCL79(Mad)
ORDERR. Jayasimha Babu, J.1. Apprehensive that the growing Tribunalisation of Justice in the country accompanied as it is, by the executive aggrendisement of the powers, inter alia, relating to composition, tenure of the Tribunals'' members and their selection, the powers of the President, etc., will result in the gradual erosion of judicial independence in the special areas for which the Tribunals are created, and will ultimately lead to Trivialisation of Justice, the Madras Bar Association, which is perhaps, the oldest Bar Association in the country, has, in this petition, questioned the constitutional validity of the amendment effected to the Companies Act by Companies (Second Amendment) Act, 2002 whereby provision is made for setting up of a National Company Law Tribunal (Tribunal) as also a National Company Law Appellate Tribunal, and to which Tribunal, the jurisdiction exercised by the High Court for nine decades in relation to, inter alia, amalgamation and reconstruction of comp...
Tag this Judgment!Court : Chennai
Decided on : Feb-07-2004
Reported in : (2004)IILLJ693Mad; (2004)2MLJ168
ORDERA.S. Venkatachalamoorthy, J.1. The order passed by the Central Administrative Tribunal, Madras Bench in O.A.984 of 1997 is under challenge in this writ petition.2. The first respondent herein joined as Lower Division Clerk in Employees State Insurance Corporation in the year 1959 and ultimately retired on 28.2.1994 as Manager Grade II. Before his retirement, that was on 4.10.1993, he was issued with a charge memo, which reads as under,'That Sri.Md.Azmatulla, while functioning as Insurance Inspector, Kodambakkam Inspection Division, Madras, went to conduct Regular Inspection of the records of Sri Swastikas Enterprises, 29/1, Easwaran Koil Street, West Mambalam, Madras -600 033 with code No: 51-36334-57 on 25-10-89. That Sri Md.Azmatulla then failed to report the existence and continuity in coverage of M/s Sri Swastic Enterprises and its change of name as S.V.M.Enterprises, after proper enquiry but merely reported that whereabouts of the partners could not be ascertained and no insp...
Tag this Judgment!Court : Chennai
Decided on : Feb-20-2004
Reported in : [2004(101)FLR850]; (2004)IILLJ650Mad; (2004)2MLJ44
P. Sathasivam, J. 1. The Civil Miscellaneous Appeal is directed against the order of the learned Principal District Judge, Tirunelveli dated 07.03.1995 made in ESIOP. No. 15 of 1992. 2. The appellant, S. Ganesan, Proprietor of Sonamuthu Roadways, Palayamkottai, aggrieved by the order of the Regional Director, E.S.I. Corporation, Tallakulam, Madurai dated 04.08.1992, has filed ESIOP.No.15 of 1992 before the District Court, Tirunelveli under Section 75(1) and 77 of Employees' State Insurance Act, 1948 (in short 'the E.S.I. Act'). 3. For convenience, we shall refer the parties as arrayed before the Court below.4. In the order dated 04.08.1992, the respondent directed the petitioner to pay contribution of Rs. 7,739/- with 6% interest per annum for the period from 01.04.1990 to 29.02.1992 within 15 days from the date of the order, failing which it would be recovered as arrears of land revenue. According to the petitioner, the respondent while fixing the said amount of Rs.7,739/- payable as ...
Tag this Judgment!Court : Chennai
Decided on : Apr-20-2004
Reported in : (2004)3MLJ425
ORDERA.S. Venkatachalamoorthy, J. 1. The Textile Commissioner in reference CER/(23) 90-CLB, passed an order dated 29.3.1990, that every mill which produces yarn should produce compulsorily hank yarn to the extent of 50% of the total production for sale in India during each half year. According to the said order, if there is any shortfall, it should be made good before the month succeeding the six months period and that failure to comply with the above order will result in penal action being taken. The said order was in force from 1.4.1990 to 31.3.1995. The order further stipulated that out of 50% of the hank yarn not less than 80% of it shall be counts of 40s and below. Subsequently, the Textile Commissioner issued another notification dated 11.5.1990, according to which, the hank yarn production statement should be submitted for every quarter instead of half year period indicated originally. In this notification, in respect of the producer of yarn, who does not have the reeling capaci...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Decided on : Oct-20-2004
Reported in : (2005)93TTJ(Chennai)161
1. This appeal by the assessee is directed against the order dt. 31st Oct., 2003, of the CIT(A) for the asst. yr. 2000-01.The assessee-company carried on the business of fertilizers, heavy chemicals, shipping and pharma contract. The assessee has raised before us various grounds of appeal which are dealt in by the learned CIT(A).2. The first effective ground of appeal is that the learned CIT(A) erred in confirming that the expenditure to the extent of 10 per cent of the dividend earned, amounting to Rs. 88,73,758 was attributable to earning of dividends.3. The brief facts apropos this issue are that the assessee had claimed exemption under Section 10(33) of the IT Act, 1961, in respect of dividend income aggregating to Rs, 8,87,37,583. In regard to the query of the AO regarding the expenditure attributable to the earning of this dividend income, the assessee contended that no direct expenditure was incurred in relation to the dividend income. The AO observed that as per the provisions...
Tag this Judgment!Court : Chennai
Decided on : Oct-08-2004
Reported in : 2005(3)ARBLR354(Madras); [2006]129CompCas849(Mad); 2004(5)CTC1; (2004)4MLJ434
..... applicant before the clb nor established any irreparable prejudice that may be suffered by the appellant-company in the event of nongrant of anti-suit injunction. 17. again, before dealing with the issues raised in the present case, the scope, the power and jurisdiction of this court to deal with the appeal has to be gone into. 18. the above appeal is preferred under sec. 10-f of the companies act, 1956 ..... therein supports the reasoning given by the clb to reject the injunction as sought for by the appellant. 44. in the decision in csr ltd. v. cigna insurance australia ltd., (1997) 146 alr 402 it is held that the inherent power to grant anti-suit injunction is to be exercised ..... case cannot lend any help to the appellant-company to substantiate their stand for getting injunction in the present case. 43. even in sni a'erospatiale v. lee kui jak and another, 1987 all england reports volume 3, similar ..... not; the paramount overall consideration being the need for striking a judicious balance between the indispensable obligation necessity of avoiding prolongation in the life of any lis. 15. a perusal of the judgment of the trial court shows that it has extensively dealt with the oral and documentary ..... a suit in the name of the company in such a case, there must be the sanction of the majority for corporate action. this principle implies supremacy of the will of the majority. if the majority acts in an oppressive manner, it is not as if the minority are without a remedy. in the above said foss .....
Tag this Judgment!Court : Chennai
Decided on : Oct-08-2004
Reported in : [2005]59SCL27(Mad)
..... applicant before the clb nor established any irreparable prejudice that may be suffered by the appellant-company in the event of non-grant of anti-suit injunction.17. again, before dealing with the issues raised in the present case, the scope, the power and jurisdiction of this court to deal with the appeal has to be gone into.18. the above appeal is preferred under sec. 10-f of the companies act, 1956 ..... therein supports the reasoning given by the clb to reject the injunction as sought for by the appellant.44. in the decision in csr ltd. v. cigna insurance australia ltd., (1997) 146 alr 402, it is held that the inherent power to grant anti-suit injunction is to be exercised ..... 's case cannot lend any help to the appellant-company to substantiate their stand for getting injunction in the present case.43. even in sni a'erospatiale v. lee kui jak and another, 1987 all er 3, similar view has ..... or not; the paramount overall consideration being the need for striking a judicious balance between the indispensable obligation necessity of avoiding prolongation in the life of any lis. 15. a perusal of the judgment of the trial court shows that it has extensively dealt with the oral and documentary ..... a suit in the name of the company in such a case, there must be the sanction of the majority for corporate action. this principle implies supremacy of the will of the majority. if the majority acts in an oppressive manner, it is not as if the minority are without a remedy. in the above said foss .....
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