Court : Chennai
Reported in : (1992)2MLJ210
..... the date of the grant of the original lease in 1986 that should apply to consider the claim of the petitioner and that the application to the case on hand of the amended rules takes away the rights of the petitioner for renewal.8. the plea that the amendment introduced in g.o.ms.no.764, industries (k1) department, dated 19.8.1988 published in the tamil nadu government gazette, ..... in the affidavit that the application was rejected solely on the ground that it was time barred, that originally the rules provided for the filing of the renewal application 60 days prior to the date of the expiry of the lease, that the said rule was so amended subsequently to stipulate that the renewal application shall be filed within three months from the date of expiry ..... , committed an error in assuming that the period prescribed in rule 9(2) of the rules is mandatory and the delay cannot be condoned, since according to the petitioner, section 5 of the limitation act is applicable and condonation of delay is possible, if sufficient ..... rule 9(2) of the rule cannot be given retrospective effect so as to take away the existing accrued rights of a longer period of limitation and that the state government which is the rule making authority under section 15 of the act cannot make a retrospective amendment in the absence of such power specifically conferred under the act ..... in rule 9(2) is mandatory and that the re is no provision for condonation and the plea based on the applicability of the limitation act is .....
Tag this Judgment!Court : Chennai
Reported in : (1972)1MLJ389
..... by reason of the proviso to clause (q) of schedule v read with the rules under the petroleum act, it follows that no licence shall be required under the district municipalities act for storing petroleum and its products-in quantities exceeding 1,000 gallons. ..... every licence and permission granted under this act or any rule or by-law made under this act shall specify the period, if any, for which and the restrictions, limitations and conditions, subject to which the same is granted, and shall be signed by the executive authority.schedule v enumerates the purposes for which ..... there, the relevant entry reads:petroleum products--storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever:provided that no licence under this act shall be required for storing petroleum and its products in quantities exceeding those to which the operation of this act is limited by the provisions of the petroleum act, 1934, or the rules or notifications issued thereunder.3. ..... with which we are concerned is clause (q), which reads:storing any explosive or combustible materials:provided that no licence shall be required for storing petroleum and its products in quantities exceeding those to which the operation of this act is limited by the provisions of the petroleum act, 1934, or the rules or notifications issued thereunder.this provision corresponds to the relevant entry in schedule vi of the madras city municipal corporation act, 1919. .....
Tag this Judgment!Court : Chennai
Reported in : (1984)2MLJ173
..... causing of the personal injury, it would be enough for the workman to succeed.on a review of the entire case law on the subject, the learned judge observed that it is desirable and in accordance with the general rule that the workmen's compensation act should be broadly and liberally construed; in order to effectuate their evident intent and purpose, in the application of the provisions which govern the nature and determination of the injuries for which compensation may ..... rajkumar mills : (1959)iillj65mp , a single judge of the madhya pradesh high court observed as follows:it is well established that the word 'accident' in section3(1) of the workmen's compensation act has been used in the popular and ordinary sense and means 'mishap' or untoward event not expected or 'designed'. ..... on behalf of the second respondent it is contended that under the proviso to section 30 of the workmen's compensation act no appeal shall lie against any order unless a substantial question of law is involved in the appeal and hence this appeal is not maintainable. ..... 443, in which it was held that in the workmen's compensation act, 1897, the word 'accident' was used in the popular and ordinary sense, and meant a mishap or untoward event not expected or designed. ..... john, 1972 li.c. ..... he was removed to the hospital at morvi where he was initially treated and thereafter he took further treatment at rajkot but ultimately he succumbed to the same on 6th june, 1972. .....
Tag this Judgment!Court : Chennai
Reported in : 1999(105)ELT279(Mad)
..... be necessary and the division bench of the andhra pradesh high court held that on the basis of the allegations against the accused, obtaining of a permit was an official act and that therefore, the omission to obtain the same was a derelication of duty referrable to the official functions of the accused and therefore, prior sanction of the state ..... suppressed the facts of raising debit notes, and hence a show cause notice dated 19-6-1991 invoking the proviso to sub-section (1) of section 11a of the central excises and salt act, 1944 was issued to the first accused as well as the second accused who is the chairman and managing director of the first accused company. ..... all the above mentioned judgments, it is true that the courts have held that for all offences arising out of discharge of the functions of a public servant, sanction would be necessary if the act was purported to be done in the exercise of a public duty as well as dereliction of duty and that the gravity of the offence was irrelevant. ..... (iv) : number of rulings were referred to by the learned counsel for the petitioner in support of his contention that the complaint against the petitioner was referrable to her acts in the discharge of her official duties and while acting or purporting to act in the discharge of her duties and that sanction would be necessary even in case of ..... were charged under section 9(1)(b) and 9(1)(bb) of the central excises and salt act, 1944 read with the relevant rules framed thereunder. 4. .....
Tag this Judgment!Court : Chennai
Reported in : (1968)1MLJ410
..... all the standard text-books except one, which is not adverse, but simply silent, and that in the view of the prophet to provide for the comfort and dignity of one's own family is quite as much an act of piety, quite as genuine a form of alms-giving, as to provide for the poor in general.thus there was a good deal of controversy whether a wakf in favour of the settlor and his family ..... jurisdiction over the same, and that the wakf board has been formed only to safeguard the interest of the wakfs and their properties, and that in accordance with section 46 of the wakf act, 1954, every mutawalli should pay annually to the board such contribution not exceeding six per cent, of the net annual income of such of its property as is situate in the madras ..... do not seek the benefit of others beyond the use of empty words.after extracting the above observations, their lordships observed:but the intention of the validating act was not to give a new meaning to the word 'charity' which in common parlance is a word denoting a giving to someone in necessitous circumstances and in law giving for public ..... prophet. the validity of wakf is founded on the rule laid down by the prophet himself who declared, 'tie up the property and devote the usufruct to human beings and it is not to be sold or made the subject of gift ..... perpetuities would be contrary to the spirit of the muslim law of gifts, and inconsistent with the jealous watchfulness displayed in other ways against any attempt to evade the rules of .....
Tag this Judgment!Court : Chennai
Reported in : (2000)ILLJ881Mad
..... case (supra) is not an authority for the proposition in every case coming before the labour court or industrial tribunal under section 10 or section 33 of the act complaining about the punitive termination of service following a domestic enquiry that the court or tribunal as a matter of law must first frame a preliminary issue and proceed to decide the validity or otherwise of the ..... the only statutory provision which specifically relates to the preliminary enquiry is rule 35 of tamil nadu industrial disputes rules, 1958, which is to the effect that the labour court or the tribunal while investigating any dispute, may, in its discretion, settle the issues in the light of a preliminary enquiry and thereafter adjudicate ..... filed by the management, aggrieved by the order of the labour court in allowing the petition by a workman under rule 34 and rule 39 of the tamil nadu industrial disputes rules, praying for reopening of his side and to adduce evidence. 3. ..... we have already stated that there is no specific provision in the act or the rules holding that the tribunal was obliged to do so. ..... the observations thus imply discretion with the tribunal, it is only in the ruling of the supreme court in cooper's case, (supra) observations have been made that the labour court should first decide as a preliminary issue, whether the domestic enquiry was violative of the ..... no section of the act or the rules framed thereunder was read to pin-point such an obligatory duty in law upon the labour court or .....
Tag this Judgment!Court : Chennai
Reported in : (1993)2MLJ298
..... is any necessity to go into the second limb of the argument of the learned counsel for the appellants as to the full import of the term 'consent' used in the abovesaid section 399(3) of the act or as to whether there is relevant nexus between the present company petition filed before the board and the draft petition that was made use of to get the consent from the other members.18. ..... 187:if it is manifestly clear that the petition under sections 397 and 398 cannot be maintained because of patent defects arising from non-compliance with the statute or the rules or because the court has no jurisdiction to entertain the petition, an order for ad interim relief should be refused.but, what is to be noted is that such refusal to grant interim reliefs, or in particular, granting of stay as is asked for in the present ..... of the company petition on the ground that the 'consent' of other members of the said company as show in annexure ii to the company petition, is not a valid consent within the meaning of that term under section 399(3) of the act and that therefore, the said company petition: is not supported by requisite share holding as contemplated in section 399(1)(a) of the ..... 59 of 1992 is under sections 397 and 398 of the act, seeking relief on the basis of oppression and mismanagement by the appellants herein in the administration of the senka carbon private limited, the 2nd respondent herein (1st respondent in the company petition) (hereinafter referred to as 'the company'). .....
Tag this Judgment!Court : Chennai
Reported in : (1968)2MLJ229
..... held that natarajan, the tindal of the boat, and subramaniam the crew, were concerned in the act of receiving the contraband from the ship and concealing it in the boat which they were manning ..... , the supreme court has observed that the contention that was put forth before the high court that a confessional statement to the customs authorities was hit at by section 25 of the evidence act was not pressed before it in view of the decision in badaku joti savant v. ..... above are clear authority for the proposition that under the sea customs act the authorities are entitled to proceed to adjudicate and discharge the duties imposed on them under the act without reference to the conclusion, arrived at by the criminal court. ..... of the evidence adduced before him, the customs collector came to the conclusion that there was material for finding that both subramaniam and natarajan were concerned together in the act of receiving the contraband watches from the ship bringing them to boat no. ..... that the version of the accused that they did not transport or import the watches and that the statements were obtained from them by threat coercion, compulsion and ill-treatment cannot be ruled out entirely as quite improbable or impossible. ..... the tindal, was in immediate control of the boat on behalf of the petitioner, under section 115 (2) of the act, the boat in question was liable to be confiscated.4. ..... also ordered the confiscation of the boat under section 115 (2) of the act with an option to pay a fine of rs. .....
Tag this Judgment!Court : Chennai
Reported in : (1973)1MLJ99
..... excise duty leviable thereon has been paid and in the present case the goods having been removed, there is no provision for the levy of duty on such goods and rule 12 authorising the levy is ultra vires the act and is liable to be struck down;(2) rule 12 is retro-active in scope with--out any limitation of time and a law, which is retrospective in its scope, cannot be made by a delegated authority and to the extent that no period of ..... residuary powers for recovery of sums due to government--where these rules do not make any specific provision for the collection of any duty or of any deficiency in duty if the duty has for any reason been short-levied, or of any other sum of any kind payable to the collecting government under the act or these rules, such duty, deficiency in duty or sum shall on written demand made by the proper officer, be paid to such person and ..... limitation is prescribed; the rule is invalid ; and(3) between 1961 and july, 1965 the petitioner not having collected excise duties from its customers cannot be compelled to pay such duty as their ..... judge held that where the main enactment is silent on the question of levy of escaped assessment, the rules made under the act cannot extend the charging power. .....
Tag this Judgment!Court : Chennai
Reported in : II(1984)ACC85
..... mohan learned counsel for the respondent would also point out the following observation of the house of lords in british railway board v.herrington 1972 ac 877, which runs as follows:if the passengers to which i have referred show that even in days when property rights were jealously safeguarded it was firmly recognised that the dictates of humanity must guide conduct even ..... the first and main change effected by the act is that the rules which it contains replace the rules of the common law under which the duty of an occupier differs according as the visitor is an invitee or a licensee. ..... the occupier owes a duty not to do any act involving danger to trespassers in the premises with knowledge of their presence or its likelihood. ..... a person about to do in his premises some act or work of an unusual and extra hazardous nature is bound to warn outsiders against danger (lowery v. ..... one who has invited or assented to an act being done towards him cannot when he suffers from .it, complain of it as a wrong. ..... in england, the occupier's liability act, 1957 came into force on january 1, 1958. ..... the maxim applies in the first place, to intentional acts which' would otherwise be tortious.11. ..... herring-ton 1972 ac 877 wherein it was held as follows:per lord, pearson. ..... herrington, 1972 ac 877). ..... the rule in addie's case 1929 ac 358 has been rendered obsolete by changes in physical and social conditions. ..... herrington 1972 a.c. ..... herring- ton 1972 a.c. .....
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