Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Sorted by: recent Court: chennai Page 1 of about 10,774 results (0.102 seconds)

Union of India (Uoi) Rep. by Director of Education, Directorate of Edu ...

Court : Chennai

Reported in : (2008)5MLJ226

..... the following passage found in paragraphs 20 and 27 will show that the mulki rules applicable to telungana region were protected by an act of parliament.para 20: the fourth question again is not free from difficulty. ..... they also submitted that the stand of the government of puducherry basing upon the agreement with the republic of france r/w section 4(2) of the puducherry administration act 1962 has no relevance and such specious plea cannot stand in the light of the overriding effect of the constitution of india provided under article 13 of the constitution.13 ..... the judgments relied on by him arose in the context of income-tax act, motor vehicles act, east punjab public safety act, municipal tax and agricultural income tax made by various state legislations wherein application of those enactments were made to a particular region or to a particular class of people or local variations were made by the state under the power ..... in other words, the date of commencement of the act was fixed as march 21, 1959 and the rules also came into force on the same date.20. ..... the policy decision, which in the present case has the undoubted effect of deviating from the normal and salutary rule of selection based on merit is subversive of the doctrine of equality, it cannot sustain. ..... venkata reddy : (1972)iillj486sc protecting the operation of public employment (requirement as to residence act 1957) in respect of telungana region of andhra pradesh has no relevance to the case of the petitioner government .....

B. Sridharan and Others Vs. The Union of India, rep. by its Joint Secr ...

Court : Chennai

..... the payment, is concerned, in that case, though the award was passed, the compensation amount was neither paid to the owner nor deposited before the court, in terms of the requirements under the land acquisition act, 1894 and therefore, the honourable apex court held that the acquisition proceedings got lapsed whereas in this case, the award was passed and the compensation amount was also deposited before the ..... in the year 2009, the petitioners came to know through information provided under the right to information act that the aforesaid land was acquired under the land acquisition act, 1894, by issuance of section 4(1) notification for the purpose of expansion of temple bay and shore cottages at mamallapuram village, chengalpattu taluk, by india tourism development corporation, the 3rd respondent herein, at the instance of union of india, the ..... no hard and fast rule can be laid down as to when the high court should refuse to exercise its jurisdiction in favour of a party who moves it after considerable delay and is otherwise guilty of laches. ..... thiruvengada mudaliar died on 24.11.1972 leaving behind three sons, including the father of the 3rd petitioner and two daughters by name, s. ..... (ii) wrong details have been given in the award itself stating that thiruvengada mudaliar died in the year 1964 whereas he died in 1972. .....

Pondicherry Co-operative Milk Producers, Union Ltd. Vs. Registrar of C ...

Court : Chennai

Reported in : 2001CriLJ3262

..... shall be deemed to have been made as per bye-laws and as one made by the competent authority as per statutory provisions of the pondicherry co-operative societies act, 1972, its rules, bye-laws of the society and rules governing the post of managing director and the administrator shall hand over charge to the new incumbent within outer limit of four months from the date of communication of ..... of the second respondent-society in consultation with all the members of expert panel by releasing the advertisement in six newspapers as was done during 1984-85 so as to secure a good response and to act according to the statutory directions issued by the registrar on 14-8-2000 in the matter of filling up the office of the managing director after holding the selection from among the suitable candidates who apply for ..... namely the chairman of the pondicherry co-operative milk producers' union and the newly elected chairman or board of directors if any, shall also not act in their respective capacity until further orders of this court and the administrator appointed by this court shall act in the place of the board or committee or committees as well as the managing director to manage the affaire of the society and exercise ..... delaying the matter, it is needless to add that the registrar could take suitable action including an action under chapter-viii of the act, as the co-operative union had been successfully avoiding to fill up the office of the managing director, despite earlier orders under some .....

Madras Aluminium Co. Ltd. and anr. Vs. Union of India (Uoi)

Court : Chennai

Reported in : 1990LC607(Madras); 1980CENCUS50D; 1981(8)ELT478(Mad)

..... the personal hearing, on behalf of malco it was submitted that the claim for refund being for the amount which was collected illegally unauthorisedly and without the authority of law, the provisions of the rules providing limitation were not applicable, that the normal period of limitation for filing a suit for obtaining refund of money paid under a mistake of law was three years from the date of the detection ..... over the same to the state, he had no beneficial interest in that amount, that the amount shall be claimable only by the persons who paid the amount to the dealer and that, therefore, section 9-b(3) of the act providing that if the amount realised by the dealer exceeded the amount payable by him as tax such amount shall be deposited in the treasury is a reasonable restriction imposed on the right of the dealer to obtain refund ..... , however, whatever be the basis for the claim of refund of excise duty paid, the claim should have been made within three months in cases coming under rule 11 and within one year in respect of cases coming under rule 173j and that there is no scope for bringing in the provisions of the limitation'act of the common law for seeking the refund from the excise authorities.15. ..... -91i 1972 2 mlj 244, a division bench of this court to which one of us was a party, had ruled that section 3(1) of the central excises and salt act which is the charging section does not make any distinction between the goods manufactured for one's own use and consumption, and .....

A. Somasundaram Vs. The Secretary to Government Home Department, Gover ...

Court : Chennai

..... of birth of an employee has been raised long after joining the service and the matter has engaged the attention of the authority concerned and has been determined by following the procedure prescribed under service rules or general instructions issued by the employer and it is not the case of the employee that there has been any arithmetical mistake or typographical error patent on the face of the record, the high court in ..... a clear case on the basis of materials which can be held to be conclusive in nature, is made out by the respondent and that too within a reasonable time as provided in the rules governing the service, the court or the tribunal should not issue a direction or make a declaration on the basis of materials which make such claim only plausible. ..... a clear case on the basis of materials which can be held to be conclusive in nature, is made out by the respondent and that too within a reasonable time as provided in the rules governing the service, the court or the tribunal should not issue a direction or make a declaration on the basis of materials which make such claim only plausible. ..... it was further held that in fact a horoscope to be treated as evidence in terms of section 32(5) of evidence act, 1872, it must be proved to have been made by a person having special means of knowledge as regards authenticity of the date ..... learned senior counsel appearing for the appellant submits that the writ appellant studied 6th standard in the year 1972, passed out the s.s.l.c. .....

Kirthana Vs. Vinaya Krishnan

Court : Chennai

..... 1017 (k.syamalambal vs.n.namberumal chettiar), it has been held as follows where in a suit for damages for wrongful attachment of immovable property, the act of attachment complained of was done under judicial sanction, thought at the instance of a party, the remedy is an action for abuse of civil process. ..... the principles to be borne in mind in the case of actions for malicious prosecutions are these:- malice is not merely the doing of a wrongful act intentionaly but it must be established that the defendant was actuated by malus animus, that is to say, by spite or ill will or any indirect or improper motive. ..... (prayer: civil suit filed under order iv rule 1 of original side rules 1956 read with order vii rule 1 cpc praying for the following judgment and decree against the defendant. ..... thus, proceedings under section 476 of the code of criminal procedure and proceedings under section 13 of the legal practitioners act would constitute a prosecution within the meaning of the law of tort. ..... (2) he must have acted, without reasonable and probable cause. ..... (3) he must have acted, maliciously. .....

M/s. NGA Steels (P) Ltd. Pappankadu, Salem District Vs. The Customs, E ...

Court : Chennai

..... duty of excise has not been levied or paidor has been short-levied or shortpaid or erroneously refunded by reasons of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under sub-section (2) of section 11a, shall also be liable to pay a penalty equal to the duty so determined : ..... of any excisable goods without having applied for the registration certificate required under section 6 of the act; or (d) contravenes any of the provisions of these rules or the notifications issued under these rules with intent to evade payment of duty, then, all such goods shall be liable to confiscation and the producer or manufacturer or registered person of the warehouse or a registered dealer, as ..... with confiscation and penalty and for better clarity, the same is extracted hereunder :- (1) subject to the provisions of section 11ac of the act, if any producer, manufacturer, registered person of a warehouse or a registered dealer, - (a) removes any excisable goods in contravention of any of the provisions of these rules or the notifications issued under these rules; or (b) does not account for any excisable goods produced or manufactured or stored by him; or (c) engages in the manufacture, production or storage .....

IMC Ltd., rep. by its authorized signatory T.M. Balasubramanian Vs. Tu ...

Court : Chennai Madurai

..... the ministry of the environment and forests issued notification under section 3(1) and section 3(2)(v) of environment (protection) act, 1986 and rules thereon, declaring coastal stretches as coastal regulation zone (crz) and regulating activities in crz and the same has been ..... , as per the doctrine of frustration of contract under section 56 of the indian contract act, 1872, the plaintiff is entitled to be refunded the amount paid by him with reasonable ..... that contract becomes impossible to perform and therefore, under the doctrine of frustration of contract under section 56 of the indian contract act, 1872 the appellant is entitled to the relief as prayed for in the suit. ..... 12 months can be only effected through a registered document under section 17 of the registration act and even part performance of contract by putting the lessee in possession under section 53(a) of the transfer of property act has to be registered under the amended law. ..... in this case on hand, as already pointed out, the act under the contract is impossible unless the area is reclassified as crz-ii and the area under the present classification as crz-i is prohibited to have any storage or handling of hazardous substances as per the notification of the government ..... further, even as per section 65 of the indian contract act, 1872, the respondent/defendant is not entitled to the ..... above deposit made by him from the defendant under the doctrine of frustration of contract as the act under the contract has become impossible. .....

The Central Board of Excise and Customs Government of India, Ministry ...

Court : Chennai

..... in the writ petition, while the petitioner contended that 'fly ash' is not a product manufactured or produced by them and falling within the ambit of manufacture as envisaged under section 2 (f) of the central excise act, the said stand was countered by the appellants herein stating that 'fly ash', which is a by-product due to the burning of pulverised coal for power generation, is a marketable commodity having intrinsic value in the commercial ..... (i) incidental or ancillary to the completion of a manufactured produce; (ii) which is specified in relation to any goods in the section or chapter notes of the first schedule to the central excise tariff act, 1985 (5 of 1986) as amounting to manufacture; or (iii) which, in relation to the goods specified in the third schedule, involves packing or repacking of such goods in a unit container or labeling or re-rebelling of containers including the declaration or alteration of retail sale price on it ..... respondent was visited with a show cause notice by the 2nd appellant for contravention of rules 4, 6 and 8 to 12 of the central excise rules, 2002 (for short 'the rules'). ..... show cause notice was issued on the ground that the respondent cleared 'fly ash' and 'fly ash bricks' without payment of excise duty and without following the procedures prescribed under the rules and, thereby, demand was raised for payment of excise duty and incidentally demand for interest was also raised in addition to the proposal to impose penalty under the rules. .....

G. Rama Rajalakshmi Vs. M. Sampath Kumar

Court : Chennai

..... challenging the order passed in i.a.no.728 of 2011 in o.s.no.1842 of 2005 dated 21.11.2011 by the learned iii additional district munsif, coimbatore, rejecting the petition filed under rule 75 of civil rules of practice for summoning the inspector of police (law and order), b-7 police station to produce the documents. 2. ..... it is admitted fact that as per section 24 of evidence act, any document excepted before the police officer is not admissible in evidence. ..... section 24 of the indian evidence act stated as follows: 24.confession caused by inducement, threat of promise, when irrelevant in criminal proceeding. ..... /plaintiff stating that the petitioner/defendant has not come before this court with clean hands, the documents are sought to be summoned are legally barred from being admitted as evidence under the evidence act. .....