Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter i preliminary Court: chennai Page 1 of about 40 results (0.038 seconds)

Ramaswami Gounden Vs. King Emperor

Court : Chennai

Reported in : (1904)14MLJ226

..... ; 'presumes a usual and ordinary state of things rather than a peculiar and exceptional condition...legality than crime and virtue and morality rather than the opposite qualities; which demands a construction of evidence as well as of written language ut res magis valeat quam pereat.' some are maxims, others mere inferences of reason, others rules of pleading, others are variously applied .....

S. Balasubramanian Vs. State of Tamil Nadu and Others

Court : Chennai

Reported in : AIR1995Mad329

..... to whether legislative authority has been exceeded or fundamental rights have been contravened is entrusted solely and exclusively to the judicature of this country and, therefore, the decision about the construction of article 194(3) and content thereof must ultimately rest exclusively with the judicature in this country and not the legislatures. in emphasising the significant role the high courts have ..... whether legislative authority has been exceeded- or fundamental rights have been contravened is solely and exclusively left to the judicature of this country and, therefore, inevitably the decision about the construction of article 194(3) of the constitution, the privileges, powers and immunities claimed or action taken in vindication thereof cannot be said to be in the exclusive domain or of .....

Indian Organic Chemicals Ltd. Vs. Union of India and ors.

Court : Chennai

Reported in : 1983(12)ELT34(Mad)

..... plain terms of the exemption it cannot be denied its benefit by calling in aid any supposed intention of the exempting authority. if such intention can be gathered from the construction of the words of the notification or by necessary implication therefrom, the matter is different but that is not the case here.' 13. a similar question arose is innamuri gopalan ..... plain terms of the exemption he cannot be denied its benefit by calling in aid any supposed intention of the exempting authority. if such intention can be gathered from the construction of the words of the statute or rule or by the necessary implication therefrom, the matter is different but that is not the position here.' in the light of the .....

R. Gandhi and anr. Vs. Union of India (Uoi) Rep. by the Ministry of La ...

Court : Chennai

Reported in : 1997(3)CTC255

..... provisions of the interpretation act and the general clauses act do not for any reason apply, we see no jurisdiction for holding that the principles of construction enunciated in those provisions have no application for construing these charters. for the reasons given above we hold that the high court was perfectly justified in ..... act is one of general application where statutes or acts have to be construed and there is no reasonable ground for holding that the rule of construction should not be applied in construing the charters of the different high court. these charters were granted under statutory powers and are subject to the legislative ..... legislate in the way of giving preference of making discrimination in certain strictly limited circumstances indicated in clause (2) of article 303. thus, on a fair constructions of the provisions of part xiii. the following propositions emerge:(1) trade, commerce and intercourse throughout the territory of india are not absolutely free, but are .....

Sakthi Sugars Limited Vs. Union of India (Uoi) and ors.

Court : Chennai

Reported in : 1980CENCUS505D; 1983(12)ELT484(Mad)

..... set out in negative sense. the courts will try to discover the real intent by keeping the decision of the statute intact. this is another cardinal rule of construction.'bearing in view the principle laid down by their lordships of the supreme court in this decision, it is necessary to consider which of the two interpretations of the ..... of the provisions. it is by following that rule of construction, we have gone into the history and background of the provision together with the recommendation of the law commission as also the objects and reasons of the bill in ..... their lordships of the supreme court observed :-'we have seen that there may be scope for two views on the explanation and that would inevitably forbid a mere grammatical construction of the same on the touchstone of the plain texts divorced from the object of the provision. the real intent will have to be discovered from the scheme .....

Macleods Pharmaceuticals Limited Vs. Union of India and anr.

Court : Chennai

..... u.s. 821, 832) in the proper ordering of its priorities. similar concerns animate the principles of administrative law that courts generally will defer to an agency's construction of the statute it is charged with implementing, and to the procedures it adopts for implementing that statute. see vermont yankee nuclear power corp. vs. natural resources defense ..... fda's statutory delegation, led the court to conclude as follows:-"we need not find that an agency's interpretation of a statute is the only permissible construction that the agency might have adopted, but only that the agency's understanding of this very complex statute is a sufficiently rational one to preclude a court from ..... the court of appeal, which decided to stay proceedings and referred the following questions to the court of justice for a preliminary ruling:1. on the true construction of council directive 65/65/eec as amended and in the light of community law generally, is it the duty of a national court when ruling upon the .....

Government of India Vs. Jagadish A. Sadarangani

Court : Chennai

Reported in : (1996)136CTR(Mad)539; [1996]221ITR338(Mad)

K.A. Swami, C.J.1. This appeal by the Government of India is preferred under clause 15 of the Letters Patent against the order dated April 3, 1996, passed in Writ Petition No. 17773 of 1995, allowing the writ petition and quashing the communication dated December 11, 1995, issued by the appropriate authority under Chapter XX-C of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), and further directing the appropriate authority to consider the matter as prayed for by the writ petitioner and to pass appropriate orders within a period of eight weeks from the date of receipt of the order. 2. The facts of the case briefly stated are as follows : There is a vast urban property known as 'Krishna Vilas' situate at No. 6, Police Commissioner Officer Road, Egmore, Madras. The extent of the property is 23.5 grounds, comprising 5,239 sq. mts. of vacant land and 954 sq. mts. of built-up area. The respondent and one N. Krishnamoorthy agreed to purchase the aforesaid property on Septemb...

V.S. Ramani Vs. S.R. Vasudevan and anr.

Court : Chennai

Reported in : (1988)1MLJ264

..... that the person driving holds a licence to drive the motor vehicle or has held and is not disqualified for holding or obtaining such a licence.what is the construction to be placed on the words the person driving holds a licence to drive the motor vehicle or has held and is not disqualified for holding or obtaining such a ..... driver, it underwrites a lesser risk. the argument advanced by mr. patel is ex facie plausible but it cannot lead us to construe the policy in a particular manner. the construction of the relevant term in the policy depends upon the language which it has employed. now, within the meaning of the proviso to clause (b) in the aforesaid term ..... law by the licensing authority and duly authorise a person who holds them to drive a motor vehicle in any place subject to the conditions attached to each.20. this construction finds support in the provisions of section 3, sub-section (2) read with section 21, sub-section (2) clause (c) and rule 2, 14, the combined effect whereof is .....

Padmavathi and Bheema Raja Vs. the State of Tamil Nadu, Represented by ...

Court : Chennai

Reported in : (1978)1MLJ223

..... quote the following general observations of lord diplock in director of public prosecutions v. bhagwan (1970)3 aii e.r. 97 , on the scope of judicial construction of statutes interfering with subject's rights. the observations were made in a different context while considering a different statutory situation, but we feel that they are apposite ..... wide a proposition. there are administrative orders which confer rights and impose duties.we do not think that the above decision of the supreme court on the construction of service rules and instructions can have application to a case like the present where the questions are: (i) whether the board of revenue can have ..... only on its present terms. we would not be justified in writing into the section what properly is the function of future legislation. the canons of statutory construction do not include anticipatory interpretation.21. reference was then made to rule 1 of the madras land acquisition rules framed by the state government in exercise of .....

P.S. Karikalan and Another Vs. the Management of the Tamil Nadu Cooper ...

Court : Chennai

..... upon an employee and the like." the aforesaid observation in this decision fall in line with the observation in the earlier decision of this court in hind construction. consequently it must be held that when looking to the nature of the charge of even major misconduct which is found proved if the punishment of dismissal ..... amount to victimisation. there can be in addition legal victimisation and it is this type of victimisation which is comtemplated by the decision of this court in hind construction. it must, therefore, be held that if the punishment of dismissal or discharge is found shockingly disproportionate by the court regard being had to the particular ..... to the position settled by the decisions of this court in bengal bhatdee coal co. v. ram prabesh singh, titaghur paper mills co. ltd. v. ram naresh kumar, hind construction & engineering co. ltd. v. their workmen, workmen of messrs firestone tyre & rubber company of india (p) ltd. v. management and eastern electric & trading co. v. .....