Court : Chennai
Reported in : AIR1988Mad1
..... respondent herein. they are not intermeddlers or third parties or busy bodies having no local interest in the affairs of the society. yet, mr. subramaniam, would refer to a. p. gandhi v. h. m. shervai, : [1971]1scr863 , which takes the view that the expression person aggrieved has to be construed by reference to the enactment in which it appears, and in .....
Tag this Judgment!Court : Chennai
Reported in : (1994)IMLJ438
..... guidelines is said to suffer from the same vice and consequently the forums under the act cannot be held to possess the power to punish for offences. 15. mr. r. gandhi, learned senior counsel appearing for some of the petitioners, contended, apart from adopting the submissions of the other learned counsel, that the constitution of the forum with a majority of .....
Tag this Judgment!Court : Chennai
Reported in : (1996)ILLJ376Mad
..... so long those directions have not been withdrawn or varied, the respondent -board is bound by the same, and cannot on its own, act in derogation thereof.8. mr.r.gandhi, learned senior counsel appearing for the petitioners in some of the writ petitions, while adopting the contentions raised by mr. k.chandru, also contended that the apprentices who have been .....
Tag this Judgment!Court : Chennai
Reported in : (1997)ILLJ170Mad
Janarthanam, J.1. Certain events and incidents, which formed the backdrop and setting of the present actions - Writ Appeal No. 332 of 1994 and Writ Petitions Nos. 3124, 3125 and 3917 of 1993 better it is, we feel, to relate to have a proper understanding and fine grasp, with ease and grace - of the legal implications or positions to be derived or to flow from the factual matrix, giving rise to certain issues - so moot and complicated in nature - with which, we are now called upon to decide, by giving our anxious consideration. E.I.D. Parry (India) Limited (for short,'the employer') has one of its units located at Ranipet in the State of Tamil Nadu, where sanitary ware, superphospate and insecticides are manufactured. Some of its retired employees filed applications under Section 33-C(2) of the Industrial Disputes Act, 1947 (Act No. 14 of 1947 - for, short, 'the I.D. Act'), before the Labour Court, Madras, claiming pension by alleging that pay ability of pension was a condition of servi...
Tag this Judgment!Court : Chennai
Reported in : (1997)2MLJ151
..... , wherein a division bench of this court, in a similar situation, has struck down the supersession of the co-operative societies following the dictum of the supreme court in indira gandhi v. raj narain : [1976]2scr347 and held that supersession of elected body on the ground of mis-management without any enquiry would amount to legislative judgment or bill of attainder ..... on the ground that the said act interfered with the scheme decree framed by the supreme court, which was governing the trust.46. our attention was also drawn to indira gandhi case : [1976]2scr347 on the point of legislative judgment or bill of attainder. the learned counsel for the petitioners particularly relied on paragraphs 321 to 329 in that decision regarding .....
Tag this Judgment!Court : Chennai
Reported in : 1998(3)CTC236; (2001)8SCC676; AIR2001SC2861
ORDERJudgement Pronounced by Shivaraj Patil, J.1. Heard the learned counsel for the parties.2. In these appeals, in the tight of the contentions raised by the parties, the only question that needs to be answered is, whether Bharathidasan University, Palkalai Perur, Tiruchirappalli in this State of Tamil Nadu, should seek approval of AH India Council for Technical Education to start technicalcourses in the University or to start a Technical Institute to conduct technical courses. For convenience, hereafter we will refer to the said University as 'University' and the All India Council for Technical Education as 'Council'.3. Writ Appeal No.1308 of 1998 is filed by the University and Bharathidasan Institute for Engineering and Technology. Writ Appeal No.1309 of 1998 is filed by a student, who was respondent No.4, impleaded in the Writ Petition No.14558 of 1998 and Writ Appeal No.1326 of 1998 is filed by another student, who was not a party in the writ petition, but after seeking leave from...
Tag this Judgment!Court : Chennai
Reported in : [1999]97CompCas582(Mad); 1998(3)CTC589
ORDER1. All these eight appeals arise out of the orders passed by the Company Law Board, Principal Bench, New Delhi in two company petitions, namely, C.P.No. 45 of 1993 and C.P.No. 16 of 1994, dated 12.5.1998.2. C.M.A.Nos. 1071, 1207, 1208 and 1210 of 1998 are preferred against the order in C.P.No.16 of 1994, while C.M.A.Nos.1072, 1073, 1149 and 1209 are preferred against the order in C.P.No.45 of 1993. The main dispute relates to the affairs of M/s. Gordon Woodroffe & Company Limited (GWL), a sick company now before the Board for Industrial and Financial Reconstruction (BIFR) In C.M.A.No.1071 of 1998, M/s. Gordon Woodroffe & Company Limited, U.K. the petitioner in C.P.No.16 of 1994 is the appellant. In C.M.A.No.1207 of 1998, Kishore Rajaram Chhabria, Madan Dwarakdas Chhabria and Rajaram Dwarakdas Chhabria, the respondents 4 to 6 in C.P.No.16 of 1994 are the appellants. In C.M.A.No.1208 of 1998, Tracstar Investments (P) Ltd., the second respondent in C.P.No.16 of 1994 is the appellant....
Tag this Judgment!Court : Chennai
Reported in : (1999)2MLJ467
..... he wants to purchase. where the trade relates to goods largely sold to illiterate or badly educated persons, it is no answer to say that a person educated in the hindi language would go by the etymological or ideological meaning and see the difference between 'current of nectar' and 'current of lakshman'. 'current of lakshman' in a literal sense has no .....
Tag this Judgment!Court : Chennai
Reported in : 2001(127)ELT338(Mad)
..... several factors.'80. in the light of the above pronouncements as well as the pronouncement of the supreme court in kraipak's case, : [1970]1scr457 and menaka gandhi v. union of india, : [1978]2scr621 , this court has no hesitation in holding that the powers exercised by the commissioner of appeals while considering the application under ..... n. sinha, : (1970)iillj284sc , swadeshi cotton mills v. union of india, : [1981]2scr533 , j. mahapatra and co. v. state of orissa, : [1985]1scr322 and menaka gandhi v. union of india : [1978]2scr621 .'67. in the light of the above pronouncements and catena of decisions, principles of natural justice has to be followed when a decision or ..... been held thus :-'principles of natural justice have an important place in modern administrative law. they have been defined to mean 'fair play in action'. (see menaka gandhi v. union of india, bhagwati, j.) as laid down by this court: 'they constitute the basic elements of a fair hearing, having their roots in the .....
Tag this Judgment!Court : Chennai
Reported in : (2002)1MLJ257
ORDERB. Subhashan Reddy, C.J. 1. 1. Handing over of Container Terminal of Chennai Port Trust to a private party, otherwise than by lender/public auction, has evoked this litigation. 2. The appellant in both the writ appeals is United Labour Federation, represented by its General Secretary Mr. K. Nithyanandam. While W.A. No. 2029 of 2001 is directed against the order in W.P. No. 16845 of 2000, W.A. No. 1921 of 2001 is directed against the order in W.P. No. 12783 of 2001. While the appellant was the petitioner in W.P. No. 12783 of 2001, it was not a party in W.P. No.16845 of 2000. W.A. No. 2029 of 2001 was filed obtaining leave, which was granted by this Court. 3. W.P. No. 16845 of 2000 was filed by Chennai Port and Dock Workers Congress (INTUC) represented by its General Secretary Mr.G.Kalan assailing the order dated 3.7.2000 passed by the Government of India, by which the Chennai Port Trust was permitted to conclude a contract with the private party which is P & O Australia Ports Priva...
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