Court : Chennai
Reported in : (1973)2MLJ485
..... ii) now working as income-tax officer vii (5), madras that he already having attained the age of fifty years on the 15th june, 1968 shall retire from service with effect from forenoon of the 10th april, 1972, or, from the date of expiry of three months computed from the date of the service of this notice on him, whichever is later.the further contention raised is that the respondent who passed the order is not ..... the petitioner therefore is not entitled to a writ of certiorari to quash the order of the respondent dated 10th january, 1972, as the order does not suffer from any apparent error or any other error of law; nor can it be said that the 2nd respondent had no jurisdiction to pass the same ..... the commissioner of income-tax, madras-2, comes within the meaning of section 5 (2) of the indian income-tax act, 1922, which is carried forward even under the new act and even under rule 2 (a) of the central civil services (classification, control and appeal) rules, 1957, referred to above. ..... as no express reason is given for the compulsory retirement of the petitioner which order was made on 10th january, 1972 and which is the subject-matter of this-writ petition, the petitioner says that by the invocation of fundamental rule 56 (j) his fundamental right has been affected. ..... applying this rule, the appropriate authority called upon the petitioner to retire on 10th april, 1972 or from the date of expiry of three months from the date of the service of the challenged order whichever is later .....
Tag this Judgment!Court : Chennai
Reported in : (1979)IILLJ262Mad
..... the state of uttar pradesh : (1954)iillj139sc , wherein it has been held that compulsory retirement under the civil services (classification, control and appeal) rules, does not amount to dismissal or removal within the meaning of article 311 of the constitution and that, it does not fall within the provisions of the said article nor does it involve any stigma or implication of misbehaviour or ..... he also refers to the provision made in gratuity act of 1972 to the effect that if there is no other fixation of limit the retirement age should be considered as 58 years.18 ..... it has been further held therein that fundamental rules 56(j) empowers the government to compulsorily retire a person which emanates out of the doctrine of pleasure, but is subject to the rules or law, made under article 309 of the constitution of india, as well as to the conditions prescribed under article 311 of the constitution of india ..... , the industrial employment (standing orders) rules, 1947 in schedule i, regarding workmen about the age of superannuation, it cannot be said that respondents 1 and 2 have acted in excess of their jurisdiction in fixing age of superannuation.26 ..... this contention is straightway answered by referring to the rules framed in tamil nadu in schedule 1 dealing with the workmen, wherein provision has been made for retirement on attaining the age of 58 years ..... sinha : (1970)iillj284sc .that rule merely embodies one of the facets of the 'pleasure' doctrine embodied in article 310 of the .....
Tag this Judgment!Court : Chennai
Reported in : (1990)2MLJ42
..... could not take away the full legal title which was vested in the defendant and they do not either contradict, vary of add to that title so as to attract section 92 of the evidence act.though the plaintiff could not show by oral evidence that the beneficial interest was not intended to be conveyed, the same result could be achieved by establishing attendant circumstances which would be consistent with the case ..... that there was no intention to transfer the beneficial interest within the meaning of section 81 of the indian trusts act.in view of the fact that benami prohibition act came into force with effect from 19-5-1988 this decision will not render any help to the first respondent.20. ..... the learned counsel for the first defendant also placed reliance on the provisions contained in order 41, rules 23, 25 and 33 and section 107, civil procedure code in order to support his case that the first defendant must be given a fresh opportunity to adduce evidence to establish his case that the transaction ..... his contention the learned counsel relied upon the provisions contained in order 41, rules 25 and 33, civil procedure code and section 107, civil procedure code ..... khadir ibrahim, who is none other than this plaintiffs husband, have been exercising acts of ownership and have been in possession and enjoyment of these properties in their own right and allegations to the contrary, are .....
Tag this Judgment!Court : Chennai
Reported in : 1996(2)CTC224; (1996)IIMLJ373
..... it was the duty of the parties to have brought to the notice of this court at the time of disposal of the revision petition the provisions of act 34 of 1980 and prayed for a direction to send the matter to the court of the district munsif instead of sending it back to the sub-court. ..... the first part of section of the tamil nadu civil courts act is in the following terms:-'the jurisdiction of a district judge or a subordinate judge extends, subject to the rules contained in the code of civil procedure to all original suits and proceedings of a civil nature ..... the court considered the provisions of order xxi, rule 10, code of civil procedure and also considered the expression 'the court which passed a decree' ..... the language of the section is mandatory, it has been held that the section prescribes only a rule of procedure and not of jurisdiction; a direction to the suitor and not a rule binding the court. ..... only limitation is to be found in the rules of the code of civil procedure. ..... a similar question arose when tamil nadu act 34 of 1980 was passed, enhancing the jurisdiction of the courts and containing a similar provision for transfer of suits in ..... is only a rule of procedure and convenience and not a rule of jurisdiction. ..... under order xxi, rule 10, code of civil procedure, where the holder of a decree desires to execute it, shall apply to the court which passed the ..... he also contended that by virtue of section 4 of act 28 of 1995, the court had no option but to transfer the proceeding .....
Tag this Judgment!Court : Chennai
Reported in : (2008)5MLJ822
..... under sub-section 26 power is given to the government for extending any or all of the provisions of the prison act, 1894 and rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the code of criminal procedure, 1882, and to the officers employed, and the prisoners confined therein ..... fletcher 1868 lr 3 hl 330 makes it a universal rule and that there is no defence that the thing escaped without that person's willful act, default or neglect or even that he had no knowledge of its ..... of course, this rule applies only to non-natural user of the land and it does not apply to things naturally on the land or where the escape is due to an act of god and an act of a stranger or the default of the person injured or where the thing which escapes is present by the consent of the person injured or in certain cases where there is statutory ..... the liability under this rule is strict and it is no defence that the thing escaped without that person's wilful act, default or neglect or even that he had no knowledge of its ..... home (prison v) department, dated 22.02.2000, by inserting clause 1-a to the rules, as per section 58(8) to (28) of the prisons act as elicited supra.17. ..... deputy and assistant jailers:- where a deputy jailer or assistant jailer is appointed to a prison, he shall, subject to the orders of the superintendent, be competent to perform any of the duties, and be subject to all the responsibilities of a jailer under this act or any rule thereunder. .....
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ469
..... the respondents that in the proceeding before the board for industrial and financial reconstruction initiated by the transferor company for any enquiry under section l5(1) of the sick industrial companies (special provisions) act, 1985 the revaluation of the assets has been accepted though the application was dismissed as not maintainable in view of the fact that the transferor company had not completed five years ..... and arrangements, must be satisfied that the provisions of the statute have been complied with; that the class was fairly represented by those who attended the meeting and that the statutory majority are acting bona fide and are not coercing the minority in order to promote interests adverse to those of the class whom they purport to represent; and that the arrangement is such as an intelligent and ..... of this court held that the fact that the shareholders and creditors of a company have approved of a scheme of compromise or arrangement as contemplated by section 153 of the indian companies act, 1913, does not mean that the court is bound to accept the scheme and that the duty of the court is to examine and decide whether the terms are fair and reasonable, ..... power is that the court cannot sanction an act being done if the law permits it only subject to conditions such as where the scheme of compromise and arrangement also includes within its ambit reduction in share capital in respect of which special procedure provided in the act and the rules has not been carried out. .....
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ514
..... general law as provided in civil procedure code without adopting the summary remedy, as prescribed in the bengal municipal act for recovery of the arrear tax, or they could take recourse to the summary remedy procedure as provided in sections 156 to 162 of the said act, and once the summary remedy procedure is adopted, then the said summary remedy procedure including the certificate procedure will ..... according to the corporation once the jurisdiction of the court to try a suit in which the validity of any order passed under the provisions of the corporation act or the notice issued thereunder has been specifically barred and an internal remedy has been provided for redressal of the grievances of the persons concerned, there is no scope for ..... one of the classes of suits mentioned is suits for contesting the exercise of the powers of distress conferred on landholders and others by this act, or anything purporting to be done in the exercise of the said power, or for compensation for wrongful act or omissions of he distrainer.interpreting the section, their lordships said that when the two remedies are available, one summary and the other by common law suit, ..... jurisdiction over a stranger and it cannot seek to dispossess him from the property by having recourse to section 36-b of the wakf act.in this case, it has come out in evidence that the second defendant has sold portions of the property to strangers as ..... institute the suit under section 15(2)(i) of the wakf act 0.29, rule 1, c.p.c. .....
Tag this Judgment!Court : Chennai
Reported in : (1996)1MLJ331
..... , labour court or other authority constituted under the industrial disputes act, 1947 or any other corresponding law for the time being in force,entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters.in view of the fact that ..... exclusion of jurisdiction of courts except the supreme court under article 136 of the constitution : on and from the date from which any jurisdiction, powers and authority becomes exercisable under this act by a tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post, no court except-(a) the supreme court; or(b) any industrial tribunal ..... must continue to supervise their function.therefore, in my opinion, all the 46 writ petitions deal with the service matters of government servants and as such, the tamil nadu administrative tribunal, constituted under the said act with effect from 1988, will have jurisdiction and this court cannot exercise its jurisdiction under article 226 of the constitution. ..... district livestock of the animal husbandry department are governed by the rules formulated by that department manual wherein in chapter i, at page 1, it is stated as .....
Tag this Judgment!Court : Chennai
Reported in : (1996)2MLJ373
..... was the duty of the parties to have brought to the notice of this court at the time of disposal of the revision petition the provisions of act 34 of 1980 and prayed for a direction to send the matter to the court of the district munsif instead of sending it back to the sub court ..... the first part of section of the tamil nadu civil court act is in the following terms:the jurisdiction of a district judge of a subordinate judge extends, subject to the rules contained in the code of civil procedure to all original suits and proceedings of a civil ..... the court considered the provisions of order 21, rule 10, code of civil procedure and also considered the expression 'the court which passed a ..... the language of the section is mandatory, it has been held that the section prescribes only a rule of procedure and not of jurisdiction; a direction to the suitor and not a rule binding the court. ..... only limitation is to be found in the rules of the code of civil procedure. ..... a similar question arose when tamil nadu act 34 of 1980 was passed, enhancing the jurisdiction of the courts and containing a similar provision for transfer of suits in ..... is only a rule of procedure and convenience and not a rule of jurisdiction. ..... he also contended that by virtue of section 4 of act 28 of 1995, the court had no option but to transfer the ..... at that stage, tamil nadu act 28 of 1995 was passed and a question was raised as to whether the subordinate judge could continue the proceedings or the matter should go before the .....
Tag this Judgment!Court : Chennai
Reported in : (1998)145CTR(Mad)91
..... 43 of the partnership act refers to one of the modes of dissolution ..... 40 of the partnership act also, there is no necessity for giving any prior notice for dissolution ..... 43 of the partnership act, it is not possible to dissolve the firm ..... 256(1) of the it act, 1961, hereinafter referred to as the act :'1. ..... 2(47) of the act and the excess is not exigible to tax of capital gains.'9 ..... 45 of the act, inasmuch as there was no transfer within the meaning of s ..... 45 of the act, no distinction could be drawn between an amount received by the partner on the dissolution of the firm and that received on his retirement, since both of them stood on the same footing ..... 2(47) of the act and the consideration received by the assessee; therefore, will give rise to capital gains, chargeable to tax under s ..... 2(47) of the act, inasmuch as the assessee could be said to have assigned, released and relinquished his interest and share in the partnership and its assets in favour of the continuing partners and the transaction cannot be regarded as amounting to any ..... 2(47) of the act, warranting levy of capital gain tax under s ..... 47(ii) of the act, no capital gain is ..... 2(47) of the act, warranting levy of capital gain tax ..... 47(ii) of the act, no capital gains is chargeable ..... 47(ii) of the it act, 1961, is sustainable in law ?'2 ..... 2(47) of the it act, 1961, the tribunal was right in holding that there was no transfer when the assessee received certain amount over and above his capital for relinquishment of his right in the firm ?3 .....
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