Court : Chennai
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
Reported in : (2004)3MLJ176; 2005(30)PTC385(Mad)
..... 29, olsons complex, 150, montieth road, chennai-8, (h) tikamchand and ghanaram, shop no.29, new hong kong bazaar, thribhuvan talkies basements, gandhi nagar, bangalore 560 009, (i) indra prasth collections, shop no.30, mahaveer plaza, national market cellar, gandhi nagar, bangalore 560 009 and (j) donald duck united colours, no.101/57, opera compound, brigade road, bangalore-560 001. the case .....
Tag this Judgment!Court : Chennai
Reported in : 2006(2)CTC241; (2006)3MLJ129
..... that if competent legislation is enacted as visualised in article 327 the commission cannot shake himself free from the enacted prescriptions. after all, as mathew, j. has observed in indira gandhi : [1976]2scr347 :in our opinion of some of the judges constituting the majority in bharati's case : air1973sc1461 (supra) rule of law is a basic structure of the constitution apart .....
Tag this Judgment!Court : Chennai
Reported in : [2007]288ITR225(Mad)
..... provision for imposing penalty at all and therefore, the launching of criminal proceedings itself is without jurisdiction. 8. learned counsel referred to the following question raised in : [1978]2scr621 [maneka gandhi v. union of india] to show the inter-relation between article 14 and article 21 :does article 21 merely require that there must be some semblance of procedure, howsoever arbitrary ..... .c. 736 [v.d. jhingan v. state of uttar pradesh] : 1972crilj511 [dr. s.l. goswami v. state of madhya pradesh] : 1974crilj1 [kaliram v. state of himachal pradesh] : [1978]2scr621 [maneka gandhi v. union of india] : 1981crilj884 [state of maharashtra v. wasudeo ramchandra kadalwar] : 1982crilj340 [a.k. roy v. union of india] [p.n. krishna lal v. government of kerala] : (1999)6scc172 .....
Tag this Judgment!Court : Chennai
Reported in : 2007(2)CTC369
..... ) naraindas indurkhya v. state of m.p. : [1974]3scr624 , (iv) common cause, a regd. society v. union of india 1996 (6) scc 667, (v) u.n.r. rao v. indra gandhi 1997 (2) scc 63, (vi) india drugs & pharmaceutical limited v. punjab drugs manufacturers' assn. : air1999sc1626 , (vii) pu. myllai hlychho v. state of mizoram : (2005)2scc92 and (viii) satyanarain shukla v .....
Tag this Judgment!Court : Chennai
Reported in : (2008)5MLJ1174
ORDERP. Jyothimani, J.1. In all these cases the common issue involved relates to the challenge of G.O.Ms. No. 139, Industries (MIG-2) Department, dated 03.11.2006 and the consequential acquisition proceedings initiated in terms of the provisions of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10/1999) and consequently to forbear the respondents from proceeding with the land acquisition pursuant to the G.O. in respect of the respective lands of the petitioners. In some of the cases declaration under Section 3(1) of the Tamil Nadu Act 10/1999 has been passed and published in the Tamil Nadu Government Gazette. 2. In all these cases, the respective petitioners are owning approved housing plots, running shops, running small industries etc, in respect of various portions of the land situated in Oragadam Village, Sriperumbudur Taluk, Chingleput District. As it is stated in some of the cases, enquiry notice issued under Section 3(2) of the Tamil Nadu Act...
Tag this Judgment!Court : Chennai
Reported in : (2009)6MLJ1162
ORDERM. Jaichandren, J.1. Heard the learned Counsels appearing for the parties concerned.2. This writ petition has been filed praying for a writ of mandamus to forbear the respondents 1 to 3 from running, conducting, approving, affiliating Arts and Science Academic Programmes, either by the said respondents or through its constituent, approved, affiliated or autonomous Colleges coming under their ambits, as per the concerned Anna University Acts.3. It has been stated that the petitioner Association is a society established under the Societies Registration Act, with society No. 137 of 1961. The petitioner Association has been functioning for over forty years. The objects of the petitioner Association includes the making of representations to the educational authorities, such as, the Ministry of Education, Government of India, the Universities, both Indian and Foreign, the University Grants Commission, the State Government, the Departments relating to education and other bodies intereste...
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1. Pending suit for a declaration that the final order dated 1.11.2010 passed by the Superior Court of Cobb County, State of Georgia, USA in Civil Action File No. 10-1-8238-48, to the extent that it deals with issues of custody of the minor child Rhea Immaculate Arul, aged about 4 years is inconclusive, unenforceable, null and void and not binding on the plaintiff and the minor child and for consequential decrees of permanent injunction, the plaintiff, who is the mother of the minor child, came up with 3 applications, viz., (i) O.A.No.191 of 2011 seeking an interim order of injunction restraining the respondent father from in any manner seeking to enforce the said order of the Superior Court of Cobb County, State of Georgia, in so far as the custody of the minor child is concerned (ii) O.A.No.192 of 2011, seeking an interim order of injunction restraining the defendant from in any manner publishing any defamatory or derogatory material, lowering the reputation of the plaintiff in...
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Prayer: Writ petitions are filed under Article 226 of Constitution of India for the issuance of a Wit of Certiorari, calling for the concerned records from the 2nd respondent, quash notices of the 2nd respondent bearing Ku.Ka.No.701/Ni.Pi.5/U3/Ko.Po.Ka.Sa/2011 dated 10.11.2011.O R D E R1. The petitioners pray for quashing of notices issued by the Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, calling upon the petitioner to show cause as to why their services be not dismissed for submitting bogus educational certificates.2. The petitioners in these petitions, joined the Tamil Nadu Electricity Board and services of the petitioners now stand transferred to the Tamil Nadu Generation and Distribution Corporation on bifurcation of the Board.3. The facts leading to filing of this writ petition, read that;i) The petitioners were initially appointed on contract basis. The decision was taken by the respondents to absorb the services of the employees, keeping in view...
Tag this Judgment!Court : Chennai
..... qb 539] (qb at p. 578), harman, l.j., in the court of appeal countered natural justice with fair play in action , a phrase favoured by bhagwati, j. in maneka gandhi v. union of india [(1978) 1 scc 248]. in hk (an infant), in re [(1967) 2 qb 617] (qb at p. 530), lord parker, c.j., preferred to describe natural .....
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