Court : Chennai
..... such deposit was made, the second respondent herein has issued notice to the landowners for payment of 80% of the compensation under section 17(3)-a of the land acquisition act, heard them collect their original title documents and made ready the cheques for payment of 80%. ..... submissions of the learned counsel on either side and on perusing the typed set of papers, it is seen that the second respondent had acquired the subject lands by invoking emergency provisions of the land acquisition act and after acquisition he had handed over the said lands to the third respondent. ..... respondent has further submitted that thereafter, the government had issued a declaration under section 6 of the land acquisition act, dated 02.01.2006, declaring an extent of 318.85.55 hac is required for establishment of the sez. ..... further, after following the procedures provided under the land acquisition act, the government has issued notice to all the landowners and taken possession of the entire acquired land of 309.64.27 hac on 20.07.2006 and also handed over possession of the same to the requisitioning ..... proceedings have been initiated by the respondents, without following the procedures of land acquisition act and the petitioner has not been paid any compensation. 10. ..... in the event of the acquisition proceedings not brooking a months delay recourse to section 17 could be made as per the rulings of the hon'ble supreme court. ..... has further submitted that in the present case, the rules had been breached. .....
Tag this Judgment!Court : Chennai
..... counsel, in reply to the contention of the respondents that the review application is not maintainable, placed reliance upon rule 2 (4) and (5) and rule 6 of the company court rules, section 141 and order 47 rule 1 of cpc to contend that unless the applicability of the provisions of cpc relating to review are expressly barred ..... the learned senior counsel also relied upon sections 106 to 109 of companies act, 2013 and rule 20 of the companies (management and administration) rules to contend that once the company decides to have election by e-voting, the voting by other means are barred ..... the questions raised are not questions of law, it is not an error apparent on the face of record and in consonance with the clause 37 of the letters patent act, the high court has framed the rules under the original side and only a clerical or an arithmetical error can be rectified. ..... dated 19.03.2015 issued by the ministry of corporate affairs, amending the companies (management and administration) rules 2014 will only have prospective effect and therefore, the votes by paper ballot are invalid. ..... proceedings held on annual general meeting on 26.09.2014 is as per law and the implication of the same with regard to allegations of oppression and mismanagementand whether the acts complained constitute independent acts of oppression and mismanagement or not will be determined by the company law board ..... rules cannot be applied while exercising jurisdiction under the companies act and the company court rules .....
Tag this Judgment!Court : Chennai
..... five thousand rupees shall be charged and recovered from that person by the district collector or the district forest officer as the case may be or in the alternative, he shall liable to be punished as provided in sub-section (1) of section 21 of the act : provided that in respect of minor minerals namely, building and road construction stones including gravel, ordinary sand, earth and turf, ordinary clay including silt, brick and tile clay the powers and duties ..... 12.5.2009, based on which, the 3rd respondent, by proceedings roc.no.g.m.1/1222/2007 dated 29.6.2009, granted a quarry lease to the petitioner for quarrying and transportation of quartzite and gravel for a period of 5 years under the provisions of rule 19(1) and 20 of tamil nadu minor mineral concession rules, 1959 and the lease agreement was executed on 29.6.2009 for a period of 5 years, commencing from 29.6.2009 and ending with 28.6.2014. ..... on the other hand, it is the case of the respondents that it was found on inspection that the petitioner quarried in excess over and above the permitted quantity without obtaining proper permit and dispatch slip, as per rule 36(5)(b) and accordingly, penalty has been imposed after following the due process of law. 9. ..... inspection made on 26.9.2012 and no enquiry was conducted and no copy of the inspection report was given and his representations were not considered properly and there was no violation of the conditions and provisions of the act and rules. 8. .....
Tag this Judgment!Court : Chennai
..... the objectives and functions of the judiciary include the following : (a) to ensure that all persons are able to live securely under the rule of law; (b) to promote, within the proper limits of the judicial function, the observance and the attainment of human rights; and (c) to administer the law impartially among persons and between persons and the state. ? ..... no scheduled caste person is stated to have been the president of a co-operative society, since the tamil nadu co-operative societies act, 1983 (hereinafter referred to as the act) was enacted and no members from the said community would be able to become the president in a single society unless reservation on rotation is provided on par with the general elections. ..... in the facts of that case, the gujarat co-operative societies act, rules and bye-laws did not provide for a no confidence motion and it is in view thereof that the court had stepped in to say that such a right of no confidence motion would exist ..... rightly distinguished as a no confidence motion in case of an elected body like the co-operative society not having been provided for, the supreme court stepped in, and incidentally such a factual situation does not even exist in the act and the rules now under question, where there is such a provision. ..... incidentally, rule 61 of the tamil nadu rules under the said act provides for a no confidence motion and thus, the factual situation of that judgment does not exist in respect of the act and the rules in the present .....
Tag this Judgment!Court : Chennai
..... as per the rules and regulations of the encroachment act, 'b' memo was booked as a penalty in respect of the above case and as it was only with a pure commercial purpose the 'b' memo charges were fixed on the basis of competitive rent at rs.1000/- and was collected from the .....
Tag this Judgment!Court : Chennai
..... and rider is compulsory from 01.07.2015 failing which, all the documents of the two wheeler including the driving licence of the driver shall be impounding under section 206 of the motor vehicles act, 1988, as per the procedure stated therein and the impounded documents would be released only on production of new isi certified helmet with purchase receipt is without authority, improper, illegal and ..... of freedom of movement guaranteed under article 19(109d0 of the constitution of india as well as the personal liberty guaranteed under article 21 of the constitution of india to two wheelers, it does not have reference to the parent act, it is in the nature of an executive order, it has created an emergency like situation in the minds of 1.5 crores two wheeler users and even goes as far as to claim that the action reminds him of the ..... that the petitioner seeks to raise the issue about emergency because some rule is sought to be enforced for the safety of passengers to ride two wheelers itself shows the extent of irrelevance ..... shall not apply to a person who is a sikh, if he is, while driving or riding on the motor cycle, in a pubic place, wearing a turban: provided further that the state government may, by such rules, provide for such exceptions, as it may think fit. ? ..... to stall the rule coming into force ..... in rule 417 a of the said rules. ..... rule 206 of the tamil nadu motor vehicle rules provides ..... lack of awareness of the issue of enforcement of the compulsory rule of wearing helmet. .....
Tag this Judgment!Court : Chennai
..... was argued by the learned senior counsel for the petitioners that the hon'ble supreme court in the case of society of unaided private schools of rajasthan (supra), upheld the validity of the rte act and held it to be applicable from the academic year 2012-13, and the constitution bench in the case of pramati educational and cultural trust and others (supra), while affirming the judgment did not ..... which was already over; (xv) though the respondents proceeded with the recruitment on the basis of seniority, it appears that they were confused over the enactment of the rte act and issuance of notification dated 23.08.2010, by the ncte and in clause 5 of the notification, exemption has been granted to recruitment initiated prior to the notification. ..... on by the learned counsel for the proposition that the vacancies, which occurred prior to the amended rule shall be governed by the old rule would have no applications to the facts and circumstances of the cases on hand. ..... the contention of the respondent that though the notification was issued in respect of the academic year 2010-11, actual appointments were made only in the year 2012, cannot be accepted, as the rules of the game cannot be changed in the midst of the selection process. ..... thus, the rules of the selection have not been changed in the midst of the selection process nor there is any arbitrariness in ..... 1983) 3 scc 284, it is submitted that vacancies, which occurred prior to the amended rule shall be governed by the old rule. .....
Tag this Judgment!Court : Chennai Madurai
..... the petitioner presented herself for enquiry and she was advised to furnish a court order for adoption as per passport rules. ..... once the documents are furnished by the petitioner, her application will be considered as per rules. 4. ..... as per common procedure, in the case of muslims, christians and sikhs, adoption can be done under the provisions of the guardians and wards act,1890. .....
Tag this Judgment!Court : Chennai
..... before the apex court, bar council of india in its counter affidavit has stated as follows:- ?.5.that it is respectfully submitted that as observed by this hon'ble court in 2007 (2) scc202that having regard to the rules under sections 7(1)(h)(i)(24)(11)(c)(iii)(iiia)m 49(1)(af), (ag) and (d) of the advocates act, it is clear that though the bar council of india may not have been entrusted with direct control of the course of studies in law, the power of inspection, the power of recognition of degrees and ..... the petitioner further submitted that when the contention of the bar council of india, before the hon'ble supreme court of india, was to the effect that clause 28 of the legal education rules, is in conformity with sections 7(1)(h) and (i), 24(1)(c)(iii) and (iiia), 49(1)(af), (ag) and (d) of the advocates act, 1961 and when the apex court has accepted the three member committee reports, regarding the age on admission to law courses, one of the issues involved in s.l.p. ..... , dated 20.10.2011), learned advocate general submitted that when the petitioners therein, sought for a prayer to strike down clause 28 of the rules of legal education, 2008, the hon'ble division bench of the punjab and haryana high court considered the validity of the rules, with reference to the provisions of the advocates act, 1961 and taking note of the decision of the hon'ble apex court in indian council of legal aid and advice and .....
Tag this Judgment!Court : Chennai
..... this court, by the order dated 29.04.2013, held that as per rule 18(5) of the right of children to free and compulsory education rules, 2009, framed by the central government under section 38 of the act, 2009, the teachers, who are appointed after six months from the date of notification, must possess tet ..... "(emphasis added) therefore, it is clear that this court clarified that selection was to be made as per the existing rules and direction was issued for amending the existing laws to adopt the recommendations of justice shetty commission as approved by this court for the future.24 ..... in view of what we have already noted about the appointments to be made in accordance with the respective judicial services rules in the states, the apprehension of interference seems to be wholly misplaced.... ..... the vacancies have to be filled up as per the statutory rules and in conformity with the constitutional mandate. ..... the time schedule to be adhered to for filling vacancies that may arise in subordinate courts and district courts, it is necessary to note that selections are required to be conducted by the authorities concerned as per the existing judicial service rules in the respective states/union territories... ..... , direction was issued to amend the rules for future selections. ..... mohamed mohideen, the learned additional government pleader appearing for the respondents 1 to 4 contended that as per the right of children to free and compulsory education act, 2009 [hereinafter referred to as "the act"]. .....
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