Skip to content


Judgment Search Results Home > Cases Phrase: mogul line limited acquisition of shares act 1984 Court: chennai Page 1 of about 54 results (0.054 seconds)

Jul 10 2012 (HC)

V.D.S.R.Re.Rolling Mill. Vs. the Special Commissioner and Commissioner ...

Court : Chennai

..... constitutional bench comprising of seven judges considered a question as to whether the claimants therein are entitled to payment of compensation under the provisions of the land acquisition act, 1984, when assigned lands were resumed by the government for a public purpose ..... assuming, without admitting for the argument sake, the land in survey no.1826/2b, measuring an extent of 0.95 acres, continued to be a dc land, g.o.ms.no.2555, revenue, dated 14.05.1973, which has deleted the limitation period of three years, for cancellation, from the date of assignment and conferred power on the special commissioner and commissioner for revenue administration, chennai, to order cancellation, can be given only prospective effect, ie ..... the depressed classes (in short described by the learned counsel as 'dc lands') published by the tahsildar, tiruvanamalai, for the year 1955-56, said to have been obtained under the right to information act, and enclosed in the additional typed set of papers and on the basis of the averments in the additional affidavit, mrs.radha gopalan, learned counsel for the petitioner submitted that the land in old ..... is to preserve an approximate justice in distributive shares by means of taxation and the necessary adjustments ..... w.p.no.10277/94 and second appeal no.611/1998, dated 24.08.2005, the w.p.no.799 of 1993, can be disposed of, on in the same lines, as done in the above writ petition.10 ..... that there is yet another line of cases as ..... lives in villages and below poverty line .....

Tag this Judgment!

Dec 23 1902 (PC)

The Maharaja of Vizianagaram by His Guardian and Next Friend, F.W. Gil ...

Court : Chennai

Reported in : (1903)13MLJ83

..... the principle of the said decision of the privy council is that, according to the general scheme of the second schedule to the indian limitation act which in this matter differs from the scheme of the english statutes of limitation in respect of one and the same suit, the period of limitation varies according as the remedy is ' real ' or ' personal, ' and this can be illustrated by referring to several articles thus article 81 prescribes a period of three years for a suit ..... the latter could not successfully resist the defendant's claim for contribution and, if so, it follows that the plaintiff from whose share alone the arrear was realized by the collector, is equally entitled to claim contribution from the defendant since the plaintiff is not responsible for the wrongful act of jagannatha raz in excluding his co-sharers from possession and making default in the payment of revenue due to government and ..... which was chiefly argued was, whether apart from the provisions of section 35 of the revenue recovery act, the plaintiff has under the general principles of law, charge over the defendant's share by reason that it was equally liable with the plaintiff's share to pay the arrear of revenue which accrued due to government between 31st october 1893 and 5th may ..... the suit was barred by limitation under article 99 of the second schedule to act xv of 1877 and also by section 43 of the code of civil procedure and that the plaintiff acquired no charge upon defendant's share in the estate.5. .....

Tag this Judgment!

Mar 02 2007 (HC)

Ramgopal Estates Pvt. Ltd., Rep. by Managing Director K.S. Hemanth Kum ...

Court : Chennai

Reported in : 2007(2)CTC369

..... also held that there should be an application of mind to the facts of the case with special reference to this concession of section 5a inquiry under the act.at this stage, it is relevant to notice that the limited right given to an owner/person interested under section 5a of the act to object to the acquisition proceedings is not an empty formality and is a substantive right, which can be taken away for good and valid reason and within the ..... of india under entry 53 of list i, read with article 246 of the constitution of india, shall not, in any way, be a ground to question the executive competency of the state government for the acquisition of the impugned lands, merely for the reason that in the absence of specific legislative power for such regulation in the state list, the state cannot acquire the lands invoking its field of legislation under ..... 207 states that 'states shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from the line-based sources, including rivers, estuaries, pipelines, and out fall structures, taking into account internationally agreed rules, standards and ..... the essential provisions which deal with the modus operandi as to the sharing of executive powers between the central and state governments, as sanctioned under the working system of the constitution of india is provided under articles 53, 73, 154, 162, 246 and 258 and entry 53 of the ..... publication in newspapers was not there before the amending act of 1984. .....

Tag this Judgment!

Sep 04 2008 (HC)

Colgate-palmolive (India) Limited Vs. Anchor Health and Beauty Care Pr ...

Court : Chennai

Reported in : (2008)7MLJ1119; 2009(40)PTC653(Mad)

..... halsbury's laws of england, fourth edition, volume 45 defines tort as 'civil rights of action which are available for the recovery of unliquidated damages by persons who have sustained injury or loss from acts, statements or omissions of others in breach of duty or contravention of a right imposed or conferred by law rather than by agreement'.if a competitor makes the consumer aware of his mistaken impression, the ..... a cable authority was constituted under the cable broadcasting act, 1984, to enquire into any complaint that an advertisement ..... , a false statement which stops at being a mere puffery may be within the tolerance limits permitted by law, a claim which exceeds the said limit would amount to disparagement of the other people's products and that therefore the same cannot ..... while concurring with the lord chancellor, lord watson summarised the essential requirements for maintaining an action for disparagement, on the following lines:every extravagant phrase used by a tradesman in commendation of his own goods may be an implied disparagement of the goods of all others in the same trade; it may attract customers to him ..... the law, the statement would be actionable.between these two kinds of statements there is obviously still an extremely wide field; and it appears to me that, in order to draw the line, one must apply this test, namely, whether a reasonable man would take the claim being made as being a serious claim or not. ..... is that dettol soap shares the same medicinal and .....

Tag this Judgment!

Oct 18 1989 (HC)

Park View Enterprises Vs. State Government of Tamil Nadu

Court : Chennai

Reported in : [1991]189ITR192(Mad)

..... erects any portion of the building out of his own funds or by securing loans from anybody else; the building being an immovable property and interest in that portion having been acquired by him; on the day when he sells a share of his interest in the land, the superstructure also belongs to him, and therefore, it he chooses to convey only an interest in the land; his rights in the superstructure would not get transferred by delivery of possession, unless a conveyance ..... tn spite of being aware of delhi apartment ownership act 1984 and the maharashtra act 5 of 1984 halfhearted and ununderstandable amendments have been brought about, which are injected with vagueness and uncertainties in implementation, leading to a high degree of arbitrariness which would be much worse than what is presently happening in sub- ..... as the power of a legislature to enact 'a law with reference to a topic entrusted to it being thus unqualified, subject only to any limitation imposed by the constitution, in the exercise of such a power, it will be competent for the legislature to enact a law, which is either prospective or retrospective ..... . the land was acquired under the land acquisition act and compensation for the superstructure was fixed and this amount was claimed by the auction purchaser and he was referred to the civil court to get a ..... . yet another decision on the same line relied upon by them is khyerbari tea ..... . the next line of attack made by petitioners is on the circular issued by the inspector-general of .....

Tag this Judgment!

Apr 09 2012 (HC)

S.Sandhya Vs. the Chief General Manager and ors.

Court : Chennai

..... on the other hand, sections 16 and 17 of the land acquisition act (act i of 1894), provide that the property so acquired, upon the happening of certain events, shall "vest absolutely in the government free ..... , reported in 1984 (1) scc 424, the learned district judge modified the order of the civil judge in respect of other items, holding that the mother of the deceased being a class i heir, under the hindu succession act, 1956, was equally entitled to half share along with the ..... judgment cited by the learned counsel for the petitioners, this court deems it fit to consider some of the judgments on the aspect, as to whether a nomination outside the line of succession, would confer any right on the nominee, to receive the retiral benefits.in ramballav dhandhania v. ..... may vest in title, or it may vest in possession or it may vest in a limited sense, as indicated in the context in which it may have been used in a particular piece ..... extract of the judgment is reproduced, for the limited purpose that no government servant, employee of the public sector ..... therefore, the word "vest" is required to be given a limited meaning to the effect that as against attachment ofthe said amount for the debt or other liability incurred by the deceased member or the nominee, it shall vest ..... under sub-section (2) limited protection is given against the debt or other liability incurred by the deceased or the nominee before the death of the member and against the decree or order of any court, but it does .....

Tag this Judgment!

Jan 03 1991 (HC)

Vidya Charan Shukla Vs. Tamil Nadu Olympic Association and Another

Court : Chennai

Reported in : AIR1991Mad323; 1991CriLJ2722

..... the rules of proof beyond, reasonable doubt and such other rules of procedure in a contempt proceeding only to emphasise that as courts of law and courts of record, they must act fairly and give full opportunity to the contemner, who may not] establish his innocence but show that the allegations levelled against him are not free from doubt. ..... a case in which a certain undertaking to use best endeavours to obtain quotation for and permission to deal in shares and issue the same on bahalf of the company, was an issue, but shareholders were charged for contempt. ..... : 'it is impossible to hold that in a matter which is governed by an act, which in some limited respects gives the court a statutory discretion, there can be implied in court, outside the limits of the act a general discretion to dispense with the provisions of the act. ..... 1897) 1 ch 545 (supra) on aiding and abetting the breach of injunction and some other cases were referred to by the learned judge but said, 'we have had our attention drawn to a phrase, six lines in an old note under the heading 'rules of court' in butler's case (1696) 2 salk 596. ..... at least one exception appears from a case of my own at first instance, in re x (a minor) (wardship: injunction) (1984) 1 wlr 1422. ..... same time appreciating that i have to consider whether it is a very material fact, one which made any real difference.this brings me to the very interesting and, as 1 think, crucial decision is in re x (a minor) (wardship : injunction) (1984) i wlr 1422. .....

Tag this Judgment!

Oct 18 1989 (HC)

Park View Enterprises Vs. State Government of Tamil Nadu

Court : Chennai

Reported in : [1991]71CompCas723(Mad)

..... if he erects any portion of the building out of his own funds or by securing loans from anybody else, the building being an immovable property and interest in that portion having been acquired by him, on the day when he sells a share of his interest in the land, the superstructurs also belongs to him and, therefore, if he chooses to convey only an interest in the land, his rights in the superstructure would not get transferred by delivery of ..... competence to make these amendments, because it was held therein (headnote of air 1961 sc) : xbic' -as the power of a legislature to enact a law with reference to a topic entrusted to it being thus unqualified, subject only to any limitation imposed by the constitution, in the exercise of such a power, it will be competent for the legislature to enact a law, which is either prospective or retrospective..... 22. he would then refer to builders association of india ..... in nature. in spite of being aware of the delhi apartment ownership act, 1984, and the maharashtra act 5 of 1984, half-hearted and ununderstandable amendments have been brought about, which are injected with vagueness and uncertainties in implementation, leading to a high degree of arbitrariness which would be much worse than what ..... sale certificate. the land was acquired under the land acquisition act and compensation for the superstructure was fixed and this amount was claimed by the auction purchaser and he was referred to the ..... invoked. yet another decision on the same line relied upon by .....

Tag this Judgment!

Dec 17 1997 (HC)

Commissioner of Income Tax Vs. K. Selvaraj. (Cwt V.K. Selvaraj)

Court : Chennai

Reported in : [1999]238ITR613(Mad)

..... hindu law, the property of a male hindu devolved on his death on his sons and grandsons as the grandsons also have an interest in the property and however, by reason of operation of the hindu succession act, 1956, the son's son gets excluded and the son alone inherits the property to the exclusion of his son and no interest would accrue to the grandson of the original holder in the property left by him ..... learned counsel for the revenue, submitted that the compensation received by the assessee on the abolition of the estate under the estates abolition act was the share of the assessee and it represents the absolute property of the assessee and the assessee had no pre-existing right over the impartible ..... above decision makes it clear that the compensation obtained by the deceased holder of the estate was the divided property and the divided sons cannot claim any share in that property and the real nature of the property was divided property and hence, for that reason, this court held that three sons who obtained compensation ..... on the other hand, when proceedings under the land acquisition act have been taken to acquire a part of an impartible estate, the proceeds have been regarded as money belonging to a person not cable of alienating the land acquired (see ..... /mds/1984 and in appeals under wt act in ..... character of joint family property and devolves by the general law upon the person who, being in fact and in law joint in respect of the estate who is also the senior member in the line. .....

Tag this Judgment!

Feb 09 2012 (HC)

Good Shepherd Evangelical. Vs. Meenakshi Achi

Court : Chennai

..... is also not in dispute that after such withdrawal of the appeal by andiappan, four persons who have purchased from him, who are the vendors of the appellants, have filed c.m.p.nos.15248 and 15249 of 1984 and 6836 of 1985 to implead them as appellants in the said o.s.a.no.85 of 1979 and all those three petitions were dismissed by a division bench on 23.12.1986 and the said four persons, who are non- ..... never been in the scene and the appellant has never stated that siloam evangelical mission private limited has been converted as good shepherd evangelical mission private limited and, therefore, the status of the appellant is dubious; (iii)that inasmuch as indisputably the share has been identified in the preliminary decree dated 22.11.1968 giving 1/7th share to each of the sharers and subsequently, since the wife of t.s.pl.p.chidambaram chettiar died, it ..... of transposition under order i rule 10 and order xxii rule 10 of the cpc is to be decided on two factors, namely complete adjudication of disputes and to avoid multiplicity of proceedings; (iv)that section 52 of the transfer of property act is applicable only if it is not a collusive suit and since the plaintiffs in c.s.no.686 of 2000 have already approached the court on the basis that the decree obtained in c.s.no.83 of 1965 is collusive, the appellant, being the bona ..... of election is based on the rule of estoppel by relying upon a judgment in joint action committee of air line pilots' association of india (alpai) and others v. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //