Court : Chennai Madurai
..... the questions of law that was raised, the learned counsel for the appellant submits that a person is said to have attained majority according to the indian majority act, 1875 on completion of his 18 years and hence the findings of the lower appellate court on the question of limitation is un-sustainable ..... the indian majority act, was amended and as per the amendment, a person will be a minor only till he attains the age of 18 years, without taking into consideration the amendment to the indian majority act, 1875 found that the age of majority for the purpose of guardians and wards act, will ..... appellant raised the following questions of law: a) whether the courts below are right in concluding that a person is said to have attained majority according the majority act, 1875 on his completing the age of 21, when the relevant provision of the said act is otherwise? ..... it is not in dispute that the indian majority act, as amended would clearly show that minority of the person continues only such time he ..... act, prescribes a period of three years for setting aside a transfer of property made by the guardian of a ward, by the ward who has attained majority and the period is to be computed from the date when the ward attains majority. ..... there is no doubt whatever that a transaction entered into by a guardian relating to the minor's properties is not void and if the minor does not sue to set it aside within three years of his attaining majority it becomes valid under article 44 of the limitation act. .....
Tag this Judgment!Court : Chennai Madurai
..... of the act minor means a person who, under the provisions of majority act, 1875 (9 of 1875) is to be deemed not to have attained his majority. 6.3 ..... contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also ..... point out that it is the duty of the child marriage prohibition officer, as contemplated under section 16 (3) (d) (e) of the prohibition of child marriage act, 2006, (d) to create awareness of the evil which results from child marriages; (e) to sensitize the community on the issue of child marriages. ..... under section 9 of the act whoever, being a male adult above 18 years of age, contracts a child marriage, he would be punishable with rigorous imprisonment (ri) which may extend to two years or with fine which may extend to one lakh rupees or ..... under section 2(a) of the act, child means a person who, if a male, has not completed 21 years of age and if a female, has not completed 18 years ..... dispute that the petitioner's sister is a child as defined under the prohibition of child marriage act, 2006 (hereinafter referred to as the act ). 6.1. .....
Tag this Judgment!Court : Chennai Madurai
..... however, section 2(f) of the prohibition of child marriage act denies the term minor which reads as follows:- '2 (f) minor means a person who, under the provisions of the majority act, 1875 (9 of 1875) is to be deemed not to have attained his majority' as defined in majority act, 1875, a minor either male or female, attains the age of majority on completing eighteen years of age. ..... but, sub-section (3) reads that such petition should be filed when he completes two years of attaining majority which means before completing twenty years of age. ..... when does a child attain the age of majority is not expressly defined in the act. ..... - (1) every child marriage, whether solemnized before or after the commencement of this act, shall be voidable at he option of the contracting party who was a child at the time of marriage: provided that a petition for annulling a child marriage by a decree of nullity, may be filed in the district court only by a contracting party to the ..... for example, if the child marriage of a male takes place on his completing twenty years of age and if a literal interpretation is given to subsection (3) of the prohibition of child marriage act, surely, he will not be in a position to file a petition to annul the marriage. ..... (prayer: civil miscellaneous appeals filed under rule 19 of the family court's act, praying to set aside the order dated 09.04.2015 made in unnumbered h.m.o.p.no. .....
Tag this Judgment!Court : Chennai Madurai
..... and others [(2002) 5 scc 422] exactly, as in our case, it was argued before the hon'ble supreme court that the daughter having attained majority and as it has not been established that she is suffering out of any physical disability or injury, she is not entitled to maintenance from her father. ..... and to protect a daughter, who has attained majority, but who does not suffer any physical disability, the hon'ble supreme court called in aid section 20 of the hindu adoption and maintenance act and held that although in view of the rider attached to a daughter, who attained majority, she may not be eligible for maintenance under section 125 ..... there may be cases, where a daughter or a son, even after having attained majority, may not have sufficient financial capacity to maintain themselves and they continue to need the support of ..... principal sessions judge upheld the maintenance granted to the first revision petitioner, however, set aside the maintenance and educational expenses granted to the second revision petitioner, since she attained majority and it is not established that she is suffering out of any disability or injury. ..... counsel for the revision petitioners, would submit that it is true that second daughter of the respondent has attained majority and it is true that it is not established that she is suffering out of any physical disability or injury, yet, as a father, the respondent is bound to provide her maintenance under section 20 of the hindu adoptions and maintenance act. .....
Tag this Judgment!Court : Chennai Madurai
..... that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons ..... approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. ..... this is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. ..... in our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. .....
Tag this Judgment!Court : Chennai Madurai
..... the respondent has clearly stated that since the children of the deceased have completed 18 years of age and attained majority, there is a bar under the provisions of the act to treat them as dependants of the deceased employee. ..... learned counsel for the petitioner would submit that as the act contemplates that dependant means widow, a minor (legitimate or adopted) son, an unmarried (legitimate or adopted) daughter or a widowed mother, who are alone eligible to receive the compensation and as the mother of the deceased employee is not a widow, ..... moreover, this court finds nothing wrong in adding the parents of the deceased as dependants, as it was rightly contended by the 1st respondent that under section 2(1)(d)(iii)(b) of the act, it has been mentioned as a parent other than a widowed mother . ..... and the amount of rs.5,75,720/- due to the deceased employee has been disbursed in proportion to his dependents, namely, wife of the deceased, mother of the deceased and father of the deceased, excluding his children, who attained majority. ..... sugar mills at sivagangai, suffered a grave injury and subsequently, died on account of the same, which happened in the course of employment; that based on the claim petition filed by the petitioner under section 22 of the workmen compensation act, (hereinafter referred to as the act ), an award of rs. .....
Tag this Judgment!Court : Chennai Madurai
..... and uts also should take immediate steps to frame necessary rules under section 15 of the mines and minerals (development and regulation) act, 1957 taking into consideration the recommendations of moef in its report of march 2010 and model guidelines framed by the ministry of ..... dated 14.09.2006 and environmental clearance:- as per environment impact assessment notification, 1994 and as per schedule-i of the said notification, 1994 mining project (major minerals) with leases more than five hectares required environmental clearance from the 1st respondent. ..... 28.in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986 read with clause (d) of sub-rule (3) of rule 5 of the environment (protection) rules, 1986 and in supersession of the notification, 1994, moef introduced environment impact ..... violations in this regard are being dealt with an iron hand and about 2087 criminal cases have been filed against the sand offenders and also goondas act have been invoked on four persons who indulged in illegal sand quarrying. ..... registered against the sand offenders and also goondas act has been invoked on four persons. ..... under section 15 of mm (dandr) act, 1957, state government enacted tn mmc ..... as per section 3 (e) of mm (dandr) act, 1957, 'minor minerals' means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the central government may, .....
Tag this Judgment!Court : Chennai Madurai
..... .) that it is enough for a candidate to be qualified by the date of interview even if he was not qualified by the last date prescribed for receiving the applications, is correct in law and whether the majority was right in extending the principle of rule 37 of the public service commission rules to the present case by analogy?" 15 ..... . the reasoning in the majority opinion that by allowing the 33 respondents to appear for the interview, the recruiting authority was able to get the best talent available and that such course was in furtherance of public interest is, with respect, an impermissible ..... . 1 reads as under: (scc p.21, para 5) "(1) whether the view taken by the majority (honble dr thommen and v ..... . it was held: (scc pp.21-22, para 6) "so far as the first issue referred to in our order dated 1-9-1995 is concerned, we are of the respectful opinion that majority judgment (rendered by dr t.k ..... . this proposition is indisputable and in fact was not doubted or disputed in the majority judgment ..... . it cannot act contrary to it .....
Tag this Judgment!Court : Chennai Madurai
..... the petitioner submits that the petitioner has been implicated in this case for the alleged offences under sections 341, 294(b) and 506(i) ipc and r/w section 3(2)(v-a) of sc/st (poa) amendment ordinance act, 2014 in crime no.498 of 2016 and that in view of the specific bar under section 18 of the said act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer. 3. ..... learned government advocate (crl.side) takes notice for the respondents and submits that nobody sustained injury in the occurrence and that major part of the investigation is over. 5. ..... (prevention of atrocities) act that the petitioner is directed to surrender before the learned iii additional sessions judge (special pcr court), madurai district within ten days from the date of receipt of a copy of this order. .....
Tag this Judgment!Court : Chennai Madurai
..... , the retirement age of office assistants working in milk co-operative federation and district unions, has been raised from 58 to 60 with effect from 01.04.2013 in accordance with rule 149(3) of the tamil nadu co-operative societies act, 1983, which shows that the retirement age of office assistants working in milk co-operative federation and district unions, has been raised from 58 to 60 years with effect from 01.04.2013 as per rule 149(3) of the ..... the above ruling of the apex court makes it clear that co-operative societies having been conferred a constitutional status by 97th amendment, the whole concept of co-operatives has undergone a major change, therefore, the contention made on behalf of the respondents that the present writ petitions filed against the respondents' co-operative societies, are not maintainable both on law and on facts, is wholly ..... [2015(3) scale 841], has clearly held that the whole concept of co-operatives has undergone a major change on account of ninety seventh amendment, because the co-operative societies are conferred a constitutional status by 97th ..... societies having been conferred a constitutional status by the ninety seventh amendment, the whole concept of cooperatives has undergone a major change. ..... the apex court in vipulbhai m.chaudhary's case(cited supra), has clearly and categorically held that co-operative societies having been conferred a constitutional status by 97th amendment, the whole concept of co-operatives has undergone a major change. .....
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