Court : Chennai Madurai
..... as per the averments made in the written statement, the mother/third defendant has only acted as guardian for the minor plaintiff and received that amount. ..... second argument advanced by the learned counsel for the appellants is that once the agreement entered by the guardian of the minor is turned out as void document, as per sections 64 and 65 of the indian contract act, they are entitled to get their refund of amount paid. 9. ..... as per mahomedan law, the female cannot act as guardian for minor and what are the acts done by the female as guardian for minor, are not bind the ..... learned counsel appearing for the appellants would submit that the amount has been given, as per section 53-a of the transfer of property act and as part performance, the property has been given. ..... after he became major, within three years, he filed the ..... the argument advanced by the learned counsel appearing for the appellants by relying upon section 53-a of the transfer of property act does not hold good. 8. ..... , after considering the averments in the plaint and written statement, framed issues and after considering the oral and documentary evidences, decreed the suit by stating that the mother could not be acted as guardian for minor. ..... juncture, it is appropriate to incorporate sections 64 and 65 of the indian contract act, which is as follows: 64. ..... the defendants filed an appeal and the first appeal is also dismissed by the first appellate court by stating that the mother is not a competent person to act as guardian. .....
Tag this Judgment!Court : Chennai Madurai
..... , call upon the trust or society, as the case may be, either to register such property under this act as wakf property or show cause why such property should not be so registered; provided that in all such cases, notice of the action proposed to be taken under this sub-section shall be given to ..... where the board has any reason to believe that any property of any trust or society registered in pursuance of the indian trusts act, 1882 (2 of 1882) or under the societies registration act, 1860 (21 of 1860) or under any other act, is wakf property, the board may notwithstanding anything contained in such act, hold an inquiry in regard to such property and if after such inquiry the board is satisfied that such property is wakf property ..... in this regard, the learned counsel appearing for the wakf board has also invited the attention of this court to section 3(r) of the wakf act, which reads as follows:- 3(r)_ 'wakf' means the permanent dedication by a person professing islam, of any movable or immovable property for any purpose recognized by the muslim law as pious, religious or charitable ..... for the petitioner that the subject property is not a wakf property, since the petitioner/society was registered only under the societies registration act and not under the wakf act; that under such circumstances, the 3rd respondent has no authority to interfere with the sale of the subject property. .....
Tag this Judgment!Court : Chennai Madurai
..... as indicated above, courts must be careful to see that a body of persons or member of public, who approaches the court is acting bonafide and not for personal gain or private motive or political motivation or other oblique considerations. ..... further the land is not a forest land since it is not covered under section 4, section 16 or section 26 of tamilnadu forest act 1882, and also since the existing vegetation is tap plantation (tamilnadu afforestation project) and not the natural or spontaneous growth, the provisions of forest conservation act 1980, will not be applicable to the present case. 15. ..... also the land is not a forest land since it is not covered under section 4, section 16 or section 26 of tamilnadu forest act 1882, and also since the existing vegetation is tap plantation (tamilnadu afforestation project) and not the natural or spontaneous growth, the provisions of forest conservation act 1980, will not be applicable in the case. ..... the court has to act ruthlessly while dealing with impostors and busy bodies or meddlesome interlopers impersonating as public-spirited holy end. ..... they pretend to act in the name of probono publico, though they have no interest of the public or even of their own interest." 18. .....
Tag this Judgment!Court : Chennai Madurai
..... further case of the petitioner that the third respondent is a state owned corporation and the respondents are the appropriate authorities under the motor vehicles act and also they are having the entire control of operation of the buses run by the third respondent corporation. ..... , courts must be careful to see that a body of persons or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. ..... admittedly, as per the information given by the 3rd respondent corporation on 25.02.2011 under right to information act to the petitioner, it is made clear that there are 2421 drivers and 2425 conductors working in the respondent corporation and totally 910 buses are running and the state express transport ..... when the petitioner sought for some information under the right to information act, this petitioner came to know that there are 553 accidents were taken place in the year 2009-2010 and there are 1533 persons, who are called as driver-cum-conductor ..... we answer the first question in the negative and hold that the administrative tribunal constituted under the act cannot entertain a public interest litigation at the instance of a total stranger. 17. ..... 348, para 109) it is thus clear that only a person acting bona fide and having sufficient interest in the proceeding of pil will alone have a locus standi and can approach the court to wipe out the tears of the poor and needy, suffering .....
Tag this Judgment!Court : Chennai Madurai
..... already in vague from railway board to discourage the same and the railway protection force conduct regular drives against unauthorized vending in train and the defaulter's apprehended are prosecuted under the relevant provisions of railway act and during the year 2013 and 2014 upto may 24461 and 11183 defaulters were apprehended and prosecuted realizing a fine of rs.81,95,748/1 and rs.83,32,180/- respectively and authorized vendors are issued with i.d ..... . the rpf has also been entrusted with the additional responsibility of providing security to the passengers as per the rpf act and rpf is empowered to prosecute offenders for minor offences under railways act, which affects passenger security and running of trains such as unauthorized howking, nuisance, gents travelling in ladies coaches etc ..... . (xii) high profile presence of rpf and grp at major station platforms are ensured to install a sense of fear among anti-social elements and sense of confidence among travelling public ..... the railway police, which is a wing of the state police and functions under the respective state government to monitor the law and order situation in railway areas and trains besides taking effective steps to prevent commission of major crimes. 9 ..... insofar as railway protection force is concerned, it is functioning under the ministry of railways and its basic duty is to protect the railway property and to investigate cases pertaining to railway property under the provisions of railway property (unlawful possession) act .....
Tag this Judgment!Court : Chennai Madurai
..... as under:- 4(b)(iv) deposit the money received by the religious institution in such bank, as prescribed in the rules framed under clauses (x) and (xi) of sub-section (2) of section 116 of the act and be entitled to sign all orders or chequest against such moneys; and (c) he shall be responsible for carrying out all lawful directions issued by the trustees of the religious institution, and the ..... second respondent is empowered to decide on the question as to whether 'hereditary trustee' has become subject to any of the disqualification mentioned in sub-section (1) of section 26 of the act, in the instant case, he had not followed the rudimentary principles of natural justice and in fact, the trustees were not provided with an opportunity to examine themselves and to cross ..... reason of unsoundness of mind or other mental or physical defect or infirmity unfit for performing the functions of the trustee as provided under sub-section (3) of section 54 of the act, the joint commissioner or the deputy commissioner, as the case may be, may appoint a fit person to perform the functions of the trustee of the institution until the disability of ..... adjourn the meeting of the elected members of the committee convened for the purpose of electing its office-bearers only if there be no quorum, the quorum being the majority of elected members of the committee. ..... account is being operated only by the executive officer with regard to the day-to-day expenses to be made as well as for the major expenses. .....
Tag this Judgment!Court : Chennai Madurai
..... as already pointed out, rule 15(6) of the tamil nadu recognised private schools (regulation) act, 1974 prescribes that the teacher and other persons employed in a private school should possess the qualifications specified in annexure v. ..... sl.no.5 in annexure-v relates to essential qualification required for tamil pandits, according to which a graduation or post-graduation with tamil as a major is a mandatory one. ..... with tamil as a major, we do not find any reason for rejecting the candidature of the said teacher for appointment in a private school as a tamil teacher. 6. ..... done in history as a major subject could not be viewed as an impediment, when she is better qualified with m.a. .....
Tag this Judgment!Court : Chennai Madurai
..... , and the government orders issued from time to time, on the aspect of considering the right of the minors, at the time of death of breadwinner, in making an application for employment assistance, on attaining majority, there are no rules or guidelines restricting the period, for consideration of such application and further submitted that what is relevant to be considered by the authorities, is whether the penury of the family continued to ..... , between the date of death of the employee, and the date on which an application is submitted and further contended that the application submitted on behalf of the minor, or by him, on attaining majority, should be considered, only with reference to indigent circumstances, the same cannot be countenanced, for the reason that in the unreported judgment, the hon'ble supreme court has considered only the eligibility of the ..... also issued circular on 29.04.1999, stating inter alia that in the light of the mandate of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, employees who became incapacitated from holding the post, they were currently holding, but found eligible for retention in service in posts corresponding to lower medical category, shall ..... in this background, we are of the view that the central administrative tribunal acted illegally and wholly without jurisdiction in directing the authorities to consider the case of the respondent for appointment on compassionate grounds and to .....
Tag this Judgment!Court : Chennai Madurai
..... raised grounds by saying that when the property was sold by the father of the writ petitioner as per sections 8 and 29 of hindu minority and guardianship act, but he has to seek permission to alienate the property to the competent court namely the principal district court, madurai, filed a petition in hmgwop.no.3 ..... payment of entire price is not a condition precedent for completion of the sale by passing of title, as section 54 of the transfer of property act, 1882 defines sale as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised . ..... w.p.no.3741/2007 by contending that the same is ultra vires of the provisions of the registration act, 1908 and is contrary to the judgment of the full bench in yanala malleshwari and others ..... after seeing the case in hand that whether the transfer of property act or the registration act which deals with the cancellation of deed of sale, the reasons according to the court is that the execution of a deed of cancellation by the vendor does not create, assign, limit or extinguish any ..... apart from this, no law permit either in the transfer of property act or registration act, the vendor namely the 2nd respondent herein to register the unilateral cancellation deed cancelling the earlier sale deed dated 16.05.1990 ..... court, by order dated 13.3.2007, while upholding the said rule, has held as follows: in our opinion, the impugned rule does not in any manner violate the ratio of the majority judgment of the full bench. .....
Tag this Judgment!Court : Chennai Madurai
..... now the next question is, when the victim girl was minor at the timeof incident, and when the victim girl was a major on the date of production before this court, when she was pregnant, whether consent of the victim girl is essential in deciding the issue regarding termination of her pregnancy. 13 ..... learned counsel for the petitioner invited the attention of this court to section 4(a)(b) of the medical termination of pregnancy act, 1971 under which it is stated that save as otherwise provided in clause (a) [reference is to clause 4(a)], no pregnancy shall be terminated except with the consent of the pregnant ..... of justice and constitutional development [2013] zacc 35, the constitutional court of south africa confirmed that provisions of the criminal law (sexual offences and related matters) amendment act, 2007, which criminalised consensual sexual conduct of adolescents above 12 years and below 16 years, were unconstitutional. ..... the national commission for protection of child rights had in 2010 proposed that any consensual sexual act should not be an offence when it involves two persons who are both above 14 and are either of the same age or the age difference is not more than three years. ..... the provision under section 4(a)(b) should be interpreted having regard to the objective of the medical termination of pregnancy act and having regard to the scheme of that, it can never be interpreted as dispensing with the consent of the minor in case the minor wants to retain the pregnancy. .....
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