Court : Chennai Madurai
..... surprise of the petitioner/college, the fifth respondent/tamil nadu agricultural university, coimbatore, vide order dated 30.3.2016 issued a show cause notice by invoking section 5 (j) of the tamilnadu agricultural university act 1971 as to withdraw the temporary affiliation granted by the tamilnadu agricultural university, coimbatore vide order no.e1/970/2007, dated 7.7.2010 and directed the petitioner/college to submit explanation within fifteen days from ..... this court, challenging the admission information brochure for the year 2015, since it is the plea of the petitioner that the same is not in consonance with the tamilnadu agricultural university act, 1971, besides the agreement entered into between the fifth respondent/tamilnadu agricultural university, coimbatore and the ..... objections for renewal of m.o.u on the ground that there is no clause as to the renewal of memorandum of understanding once in four years and the same is against the ingredients of tamilnadu agricultural university act 1971 and statutes of the tamilnadu agricultural university and its regulations. 2.3. ..... inasmuch as the same is not in consonance with the tamilnadu agricultural university act 1971, besides, the agreement entered between the fifth respondent/tamil nadu agricultural university, coimbatore and the ..... besides when this major deficiency was pointed out in this office letter dated 22.09.2015 (reference 5th cited) to the trust, the trust did not take any efforts to convey /acquire the title .....
Tag this Judgment!Court : Chennai Madurai
..... would become the majority, as almost no new school is being established by the government/local bodies and the state took a policy decision not to give aid to the private schools that are established after 1991-1992, by unfortunately inserting section 14-a in the tamil nadu recognised private schools (regulation) act, 1973. 4.4 ..... may withhold permanently or for any specified period the whole or part of any grant referred to in sub-section (1) in respect of any private school,- (i) which does not comply with any of the provisions of this act or any rules made or directions issued thereunder in so far as such provisions, rules or directions are applicable to such private school, or (ii) in respect of which the pay and allowance payable to any teacher or other ..... education is concerned, the state is duty bound to provide free and compulsory education, as mandated under article 21-a of the constitution and the right of children to free and compulsory education act, 2009 and therefore, the private aided schools, that are imparting free education to the downtrodden and the underdogs, shall not be denied aid to the non-teaching posts by the ..... 30.05.2007, g.o.ms.no.203, dated 23.07.2010, and the government letter dated 09.07.2012 are without jurisdiction and violative of the very scheme of the act and nowhere the act contemplates that the private aided schools should take prior permission before making appointment against sanctioned posts, whenever vacancies arose against those sanctioned posts .....
Tag this Judgment!Court : Chennai Madurai
..... arrangements may be made where the victim or the witness normally do not see the body or face of the accused and though similar provision has been made in the protection of children from sexual offenses (pocso) act, 2012 in the state of tamil nadu, i regret, that sufficient infrastructure in the subordinate courts making such arrangements for the examination of vulnerable witnesses are yet to be made. ..... here in the instant case, since medical examination was conducted nearly after two months of the first act of sexual intercourse, there would have been no injury noticed on the private part of either the girl or the boy, or the individuals might not have sustained ..... of course, this is a major contradiction in the evidence of x and if the same is given weightage of, then, the evidence of x may be doubtful ..... under section 155 of the evidence act, proving the former contradictory statement of a witness is one of the modes to impeach the credit of the said ..... the courts are obliged to act in furtherance of the intention expressed by the legislature and not to ignore its mandate and must invariably take recourse to the provisions of section 327 (2) and (3) cr. ..... but, as per the evidence act, her competence is to be tested by the court before administering oath and if the court finds that the witness is capable of understanding the questions put to her or giving a rational answers to those questions, then, the court ..... the said act of the accused would amount to offence of kidnapping and .....
Tag this Judgment!Court : Chennai Madurai
..... to the court to interfere in case of suspension as it is in the exclusive domain of the competent authority who can always review its order of suspension being an inherent power conferred upon them by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case pending would be concluded after an unusual delay for ..... however, suspension order should be passed only where there is a strong prima facie case against the delinquent, and if the charges stand proved, would ordinarily warrant imposition of major punishment i.e. ..... the court cannot act as if it an appellate forum de hors the powers of judicial review." 11. ..... serious act of omission or commission and the nature of evidence available. .....
Tag this Judgment!Court : Chennai Madurai
..... lead to the court to take into consideration of the same for the purpose of considering its jurisdiction especially when the powers of eviction or impliedly ousted under the rent control act, thereby barring the civil court under section 9 of the said code, from trying the suit for eviction? ..... this is to be construed in the background of landlady having received major amount of sale consideration and as normally, if substantial sum is received by the seller, the purchaser is put in possession of the property hence to fall in the same lines the said words were used to ..... maintainability of the suit for recovery of possession by stating that the suit property being a building, comes under the purview of the tamil nadu building (lease and rent control) act, 18 of 1960, only a petition for eviction can be filed under the rent control ..... grounds: (a) whether a suit for declaration of title and possession is maintainable against a tenant, in respect to a property, falling within the protection under the tamil nadu buildings (lease and rent) control act 18 of 1960, even without approaching the rent controller for eviction? ..... the presumption which arises under section 111(g) of the transfer of property act, which forfeits the lease by reason of such denial of title. ..... and it is not proved by any evidence that the possession of the first defendant is pursuant to the valid sale agreement, the contention of first defendant relying upon section 53-a of the act also was rejected by the courts below. .....
Tag this Judgment!Court : Chennai Madurai
..... of india to issue a writ of mandamus directing the respondents to take up suitable steps to implementation of sections 8(1)(a), 11(1)(b), 12(1), 14 to 18, 21 (2), 22 to 26, 31 to 33, 39(4) and 41 to 45 of the t.n.act 29/74 and rules 7, 9 except clauses (e) and (k) of sub rule (2) rules 10 to 14, 16 to 18 and 22 to 24 and framed under the act and also for speedy steps for the implementation of the regulation framed in the act governing service conditions of the teaching and non-teaching staff of minority schools for whom aid is provided by the state and ..... representing the respondents, mr.v.r.shanmuganathan, learned special government pleader, submitted that in order to study, and to offer an opinion, on the framing of a comprehensive act, and rules, thereunder, applicable to all the private schools, a committee has been constituted, vide g.o.no.191, school education department, dated 23.11.2015 and that the said committee ..... so, taking note of the fact that status-quo is being maintained by the official respondents, for decades together, without passing a comprehensive act, to meet the ends of justice, the hon'ble division bench directed the secretary to the government, school education, chennai, to take steps in order to pass a comprehensive act, in the manner known to law, within six months from the date of receipt of a copy of the order, made in ..... essence of article 30(1) of the constitution of india, is to ensure equal treatment between majority and non-minority institutions. 5. .....
Tag this Judgment!Court : Chennai Madurai
..... highways.- on the recommendation made by the state highways authority, the government may, by notification, declare any road, way or land to be highway and classify it as any one of the following, namely:- (i) a state highway; (ii) a major district road; (iii) other district road; or (iv) a village road: provided that where such road, way or land whether in whole or part is owned by any local authority, such notification shall be issued with the concurrence of ..... . the state is directed to conduct a feasibility study by seeking expert opinion to strike a balance between cost, extent of lands required to be acquired after following the procedures as contemplated under section 8 of the tamil nadu highways act, 2001, in regard to road over bridge or road under bridge within a period of six weeks and thereafter, issue a notification within two weeks from thereon calling for objections, conduct and conclude the proceedings as per ..... 2015, is concerned, mr.veera kathiravan, learned counsel for the petitioner submitted that the official respondents failed to consider the feasibility of either rob or rub, before issuing the notification under section 8(1) of the tamil nadu highways act and hence, they have violated the orders passed by this court and accordingly, they are liable to be proceeded with for contempt of court and prayed for passing appropriate orders .....
Tag this Judgment!Court : Chennai Madurai
..... it was the case of the appellant that since she had paid the major portion of the sale price i.e. ..... it is not in dispute that article 54 of the limitation act is applicable for filing the suit for specific performance. ..... hence, as per article 54 of the limitation act, the three years period should be reckoned from the date fixed for performance or if no such date is fixed from the date on which the performance is refused or from the date, when the appellant had noticed ..... article 54 of limitation act reads as follows:- articledescription of suitperiod of limitationtime from which period begins to run54for specific performance of a contractthree years.the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is ..... the appellant also is in possession and enjoyment of the suit property in part performance of the sale agreement and hence, the appellant is entitled to the benefits of section 53(a) of transfer of property act. .....
Tag this Judgment!Court : Chennai Madurai
..... to conclude, we are clearly of the opinion that so far as the complaint of disobedience of the orders of the courts below and remedial measures sought for by invoking section 10 of the act are concerned, it is not necessary for this court to take congnizace of the complaints of this kind, inasmuch as the very court itself whose orders are alleged to have been disobeyed, being competent to ..... not be advisable for this high court to exercise its extraordinary jurisdiction and proceed under section 10 read with section 12 of the contempt of courts act and interfere with the proceedings of the trial court, particularly when the suit is pending and the issues are at large before the subordinate civil court ..... gwop.no.27 of 2008, on the file of the principal district judge, virudhunagar, at srivilliputhur, has been filed by the petitioner under sections 7(1)(a) and 25 of the guardian and wards act, to order for custody of minor children, and also to appoint him as guardian, in respect of the petition mentioned property of minors. ..... recital in the sale deeds reads that on attaining majority and in exercise of his right, over the property, he has ..... exercise the extraordinary jurisdiction of the high court under sections 10 and 12 of the contempt of courts act against the alleged contemner for violation of the order of the subordinate court. ..... , on attaining the majority, have sold the ..... the son and daughter of the petitioner/arulmurugan, and lakshmi abirami, respectively, on attaining majority. .....
Tag this Judgment!Court : Chennai Madurai
..... there are ample powers conferred by article 32 r/w article 142 of the constitution of india to make orders, which have the effect of law by virtue of article 141 and there is a mandate to all authorities to act in aid of the order of the hon'ble supreme court, as provided in article 144 of the constitution of india. ..... however, the legislature once again amended sub-section (1) of section 176 of the code, by amendment act 25 of 2005, by which, the opening words "when any person dies while in the custody of the police" were ..... here, we need to notice that sub-section (1) of section 176 of the code was amended by amendment act 46 of 1983 by which the words "when any person dies while in the custody of the police" were inserted as opening words of sub-section ..... simultaneously, while amending sub-section (1) of section 176 of the code, by the same amendment act 25 of 2005, the legislature introduced a new sub-section, that is, (1a) to section 176 of the code which reads as follows:- " ..... on the other hand the majority view expressed in the full bench decision that "the courts of record including the supreme court only interpret the law as it stands but do not purport to amend the same ..... , and where there is inaction even by the executive, for whatever reason, the judiciary must step in, in exercise of its constitutional obligation under the aforesaid provisions to provide a solution till such time the legislature acts to perform its role by enacting proper legislation to cover the field. 28. .....
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