Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Court: chennai Page 6 of about 118 results (0.042 seconds)

Sri La Sri Siva Shanmugha Arumugha Meijnana Sivachariar, Tirupapuliyur ...

Court : Chennai

Reported in : (1984)1MLJ106

..... july, 1974, and, therefore, that application cannot be considered to be once again at the instance of the landlord. therefore, even as a matter of construction, the proviso cannot stand attracted to the present case.mr. n. sivamani, learned counsel for the appellant, also refers finally to the decision reported in firm ..... law, adopting an interpretative attitude which will further and not frustrate the legislative will in case there are alternatives choices for the court. of course, construction which will promote predictability of results, maintenance of reasonable orderliness, simplification of the judicial task, advancement by the court of the purpose of the ..... 1970]75itr174(sc) , in the said case, the court was concerned with a notification, which was stated to have retrospective operation, but the court, on construction of the enabling provisions of the act, held that the notification to the extent that it was expressed to operate retrospectively was ultra vires as being in excess .....

M. Ranka Vs. State of Tamil Nadu Represented by the Secretary to the G ...

Court : Chennai

Reported in : (1994)2MLJ281

..... west bengal : air1962sc1044 , that every attempt should be made to harmonise the apparently conflicting entries not only of different lists but also of the same list and to reject that construction which will rob one of the entries of its entire content and make it nugatory.22. in jaora sugar mills v. state of madhya pradesh : [1966]1scr523 , the ..... may be, and if two constructions are possible, the court must adopt that which will ensure smooth and harmonies working of the constitution and eschew the other which would lead to absurdity or give rise ..... the petitioners wanted it to be construed, it would run counter to the provisions of article 345. it has been repeatedly held that if it is a matter of construction of the constitution by the parliament, the court will have to find out the expressed intention from the words of the constitution or the act, as the case .....

A. Mariyayee Vs. the Commissioner and Secretary, Prohibition and Excis ...

Court : Chennai

Reported in : (1998)3MLJ145

..... aid the interpretation of section 52 (2) of the income-tax act, 1961. the relevant portion of the said decision reads thus:.the rule of construction by reference to contemporanea expositio is a well established rule for interpreting a statute by reference to the exposition it has received from contemporary authority, though it ..... a statute which are not there, but 'where the alternative lies between either supplying by implication words which appear to have been accidentally omitted, or adopting a construction which deprives certain existing words of all meaning, it is permissible to supply the words' (craies statute law, 7th edn.p.109). similar are the observations ..... prize chit' in srinivasa enterprises v. union of india (1980) 4 s.c.c. 507 and we find no reason to depart from the court's construction.as we have mentioned, industrial and labour legislation involves social and labour policy. often they are passed in conformity with the resolutions of the international labour organisation. .....

Kamalesh Kumar Sheth Vs. The Inspector of Police, Central Crime Branch ...

Court : Chennai

..... (6th edition, reprinted in 1997) at page 197 is worth quoting: "however, it is not a sound principle of construction to interpret expressions used in one act with reference to their use in another act, and decisions rendered with reference to construction of one act cannot be applied with reference to the provisions of another act, when the two acts are not .....

S. Balasubramanian Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : (1995)1MLJ42

..... to whether legislative authority has been exceeded or fundamental rights have been contravened is entrusted solely and exclusively to the judicature of the country and, therefore, the decision about the construction of art, 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 .....

Sengodan and ors. Vs. C.P. Srinivasa Pillai

Court : Chennai

Reported in : (1980)1MLJ323

..... interpreting it in accordance with the judicially presumed parliamentary concern for common sense and justice. but the possibility of injustice which leads the court to adopt a particular construction must be a real one: if the injustice suggested in argument is purely hypothetical, and may never or only rarely occur in practice, the court will remain ..... words' and so achieve that obvious intention and produce a rational construction. the question of inconvenience or unreasonableness must be looked at in the light of the state of affairs at the date of the passing of the statute, ..... , be presumed to be the true one. an intention to produce an unreasonable result is not to be imputed to a statute if there is some other construction available'. where to apply words literally would 'defeat the obvious intention of the legislation and produce a wholly unreasonable result' we must 'do some violence to the .....

S.Kasiramalingam Vs. the Chief Secretary, Government of Tamil Nadu and ...

Court : Chennai

..... assessment of the ability of the advocate, the volume of his practice, his standing at the bar, and the like. in the absence of anything which would compel the particular construction which learned counsel seeks to put upon it, i am to opinion that the article does not require that the person should have practised before a high court as an ..... provision against the non-applicant, we cannot forget that provisions entailing disabilities have to be construed strictly: parameswaran pillai bhaskaran pillai v. state, air 1951 tc 45. the canon of construction approved by their lordships of the privy council is that if there be any ambiguity as to the meaning of a disabling provision, the ..... construction which is in favour of the freedom of the individual should be given effect to: j.e. david v. s.p.a. de silva, 1934 ac 106 (ca), (ac at .....

M. Veerateswaran Vs. the Deputy Collector Cum Sub-divisional Executive ...

Court : Chennai

Reported in : 2003(2)CTC449; (2003)2MLJ578

..... 28 february, 2000. the preamble is in the following terms:'whereas the increasing ambient noise levels in public places from various sources, inter alia, industrial activity, construction activity, generator sets, loudspeakers, public address systems, music systems, vehicular horns and other mechanical devices have deleterious effects on human health and the psychological well being ..... o.s.no. 26 of 2002 before the additional district judge, karaikal, for a mandatory injunction, directing the karaikal town planning authorities to remove the construction alleged to be in deviation of the approved plan. the additional district judge, karaikal, without considering the bar of civil court's jurisdiction provided under section ..... discipline in observing the rules - in obeying the laws of the land - on the road there is no discipline - in the bus stop, in the railway station, given the chance we jump the queue - at signals - if the policeman is there we stop if not no - we form several rows of cars .....

Terminated Full Time Temporary Lic Employees Welfare Association Vs. S ...

Court : Chennai

Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573

..... thereunder to be subject to requisition until the expiry of the ordinance not withstanding the expiration of the said act and rules. the court set out the principle of construction of non obstante clause when the language of the enactment was clear in the following words : '10. while recognising the force of this argument it is however ..... statue the court should try to give effect to both the enactments as far as possible. for as has been pointed out at p. 470 of sutherland on statutory construction, vol. 1, where the repealing effect of a statute is doubtful, 'the statute is to be strictly construed to effectuate its consistent operation with the previous legislation.' ..... where the services of all workmen have been terminated by the employer on the business or undertaking being taken over by another employer in circumstances like those of the railway company.' 77. in the state bank of india v. sundara money : (1976)illj478sc a three judge bench of the supreme court held that as per the .....

General Merchant Association Rep. by Secretary and Treasurer and Other ...

Court : Chennai

Reported in : 2000(3)CTC565

..... : it is relevant to refer to the provisions of the madras city municipal corporation act, 1919, section 300 provides that all markets which are acquired, constructed, repaired or maintained out of the municipal funds shall be deemed to be public markets. section 301 prescribes the powers of the municipal authorities in respect ..... the flower market at koyambedu complex. the corporation offered to provide alternate accommodation which were not acceptable to the traders. the corporation also proposed to construct a multi-storeyed shopping complex at sriramulu naidu park and lone square and other places and the request of the traders in the said complexes will ..... not only for the mofussil buses, but also city buses. 14. the corporation is willing to provide alternate accommodation. the koyambedu market complex has been constructed with all modern facilities by utilising the world bank loan. it is stated that the respondent is adopting a fair procedure in evicting the unauthorised occupants .....