Court : Chennai
Reported in : 1991ACJ434; [1993]77CompCas223(Mad)
..... . it is a common sight nowadays to see lorries carrying passengers, but that would not suffice to label it a contract carriage for transport of passengers. a light motor vehicle or a goods vehicle, answering a specific description in the act, would continue to be the same kind of vehicle, though the owner of the vehicle may attempt to ..... a public service vehicle states that it includes a motor cab as defined in section 2(15) of the act. a transport vehicle, according to section 2(33) of the act, means a public service vehicle or a goods vehicle. section 3 of the act prohibits a person from driving a motor vehicle in any public place, unless he holds ..... . in this case though the vehicle involved is a car, it comes within the definition of a 'transport vehicle' as defined in section 2(33) of the act, wherein the 'transport vehicle' has been defined as a public service vehicle or a goods vehicle. 'public service vehicle' is defined in section 2(25), which means any motor vehicle used or .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... olga tellis v. bombay municipal corporation, (supra) has no application to this case.35. strong reliance is placed on the ruling of the supreme court in central inland water transport corporation ltd. v. brojo nath : (1986)iillj171sc . the question which arose before the court was whether a rule providing for removal of a permanent employee from service by ..... a view to give the benefit of regularisation knowing the judicial trend that those who have completed 240 or more days are directed to be automatically regularised. a good deal of illegal employment market has developed resulting in a new source of corruption and frustration of those who are waiting at the employment exchanges for years. not ..... whether of the creation of the parties or not. it will apply to situations in which the weaker party is in a position in which he can obtain goods or services or means of livelihood only upon the terms imposed by the stronger party or go without them. it will also apply where a man has no choice .....
Tag this Judgment!Court : Chennai
Reported in : 1993(44)ECC262; 1993(65)ELT25(Mad)
..... taken as a whole, show that the purpose of this legislation is not only to raise revenue but also to control and restrict the import, export, transport, manufacture and sale of intoxicants. free and unrestricted use of intoxicants and illicit trade in contraband intoxicants not only means a loss of revenue to the ..... . such materials upon which it will be possible to predicate whether there are reasons for misrepresentation or fraud in importing or exporting of any prohibited goods or dutiable goods in violation of the conditions under which such import or export is permissible, will be available only in the notice, which, as we have ..... out searches at trivandrum and madras, covering several premises including the office and residential premises of the petitioner-respondent herein, three consignments of the said goods weighing in all 6 metric tonnes pending clearance at trivandrum airport were also seized on 28-09-1991, several incriminating documents such as airway bills, manufacturers .....
Tag this Judgment!Court : Chennai
Reported in : AIR1995Mad383
..... violative of articles 14 and 15 of the constitution of india? (g) is the allotment of seats in perundurai medical college to the wards of employees of the transport corporation illegal? (h) miscellaneous questions arising in some individual cases. 4. the chronology of events which has naturally given rise to a suspicion that several candidates have ..... prevalent as on date. excellence in sports and games will improve the status, prestige and glory of the country in the international scene and as well win the good-will of the human race. therefore, the move to encourage sports and games is to be appreciated and welcomed. according to the said written argument, in the ..... easy methods, but can be achieved only by long, constant and hard work in the sports field or gymnasium and that the candidate will have to sacrifice a good portion of his study time for attaining eminence in sports activities. the bench observed that it was to oftsent the sacrifice made by the candidate of his academic .....
Tag this Judgment!Court : Chennai
Reported in : 1995(1)CTC401; (1995)IIMLJ158
..... of articles 14 and 15 of the constitution of india?(g) is the allotment of seats in perundhurai medical college to the wards of employees of the transport corporation illegal?(h) miscellaneous questions arising in some individual cases.4. those questions have been considered and the aforesaid batch of cases have been disposed of by ..... a government treasury or a branch of the reserve bank of india or the imperial bank of india transacting government business. the appellant after effecting deliveries of the goods, submitted bills in the prescribed printed form which contained the sentence that 'government should pay the amount due to the appellant by cheque' but the appellant ..... supplies made by the appellant to the government, the system of payment was, that unless otherwise agreed upon between the parties, payment for delivery of the goods would be made on submission of the bills in the prescribed form in accordance with the instructions given in the acceptance of the tender by a cheque on .....
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ158
..... of articles 14 and 15 of the constitution of india?(g) is the allotment of seats in perundhurai medical college to the wards of employees of the transport corporation illegal?(h) miscellaneous questions arising in some individual cases.4. those questions have been considered and the aforesaid batch of cases have been disposed of by ..... a government treasury or a branch of the reserve bank of india or the imperial bank of india transacting government business. the appellant after effecting deliveries of the goods, submitted bills in the prescribed printed form which contained the sentence that 'government should pay the amount due to the appellant by cheque' but the appellant ..... supplies made by the appellant to the government, the system of payment was, that unless otherwise agreed upon between the parties, payment for delivery of the goods would be made on submission of the bills in the prescribed form in accordance with the instructions given in the acceptance of the tender by a cheque on .....
Tag this Judgment!Court : Chennai
Reported in : [1998]91CompCas757(Mad); 1995(52)ECC18
..... made in an appeal against the orders of confiscation and penalty. in the instant case, rs. 20 lakhs found in as lorry booking office sought to be transported in a goods vehicle without way bills or any other record, are circumstances enough, for a reasonable belief.' 43. in superintendent of central excise v. a. govindarajan [ ..... be strongly discouraged.' 91. in addition to this, we may point out here that a division bench of this court in karnataka state road transport corporation v. karnataka state transport authority, air 1984 kar 4, had an occasion to consider as to under what circumstances the extraordinary jurisdiction of this court under article 226 ..... has got any connection with the search and seizure. in paragraph 16 of the said judgment, their lordships held thus : '... 'reasonable belief' that the goods were smuggled goods, is not a question on which the court can sit on appeal. the circumstances under which the officer concerned entertains reasonable belief, have to be judged from .....
Tag this Judgment!Court : Chennai
Reported in : 1996(56)ECC24; 1997LC52(Madras); 1997(89)ELT28(Mad)
..... is only construing the words of the statute in a reasonable way having regard to the context.' the decision in 1991 supp. (1) scc 600 (delhi transport corporation v. dtc mazdoor congress and others), particularly the observations in paras 119 to 125, relating to the method of construction or interpretation of legislation or rule ..... the ut products representing a portion of the price to be towards excise duty though the petitioners have availed of the exemption notification and cleared such goods without paying the excise duty. suffice it to notice that the excess cost of production incurred in manufacturing the ut products and principles governing prudence ..... authority or prescription of any machinery for adjudication of the vital jurisdictional issue viz., whether any amount has really been collected from the buyer of any goods as representing the duty of excise, the impugned show-cause notices are totally without jurisdiction and without the authority of law. while contending that section .....
Tag this Judgment!Court : Chennai
Reported in : 1997ACJ1352; AIR1997Mad236; 1997(1)CTC440
..... hand. in the instant case, the owner of the vehicle had appointed the licensed driver to the vehicle and the accident-in-question has taken place when the vehicle was transporting goods. there is no evidence adduced by the insurer that the owner of the vehicle authorised or permitted the owners of the ..... is a case in which the driver on his own accord appears to have allowed the owners of the goods to travel in the transport vehicle along with their goods. there is no evidence to show that the owner of the vehicle wilfully allowed the transport vehicle in question to be used for the purpose which was not allowed by the permit.section 96 ..... -in-question, nor is there any evidence to show . that the driver was authorised to carry ihe owners of the goods along with the goods in the transport vehicle in question. there is no evidence to infer that there was even an implied consent for doing it by the owner of the vehicle. there is also no evidence .....
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC1; (1997)IMLJ327
..... be the controlling authority can initiate a departmental proceeding and that initiation of a departmental proceeding per se does not visit the officer concerned with any evil consequences. transport commissioner v. a. radha krishna moorthy, : (1995)1scc332 was next relied upon. therein also this court has held that initiation of disciplinary enquiry can be ..... chief judicial magistrates, and administrative committee no. 3 to deal with the matters relating to district munsiff and judicial magistrates. we fail to understand for what good or valid reason such committee or smaller body of judges should be appointed every time in respect of each judicial officer. it is also not shown to ..... supplied).in this judgment also reliance is placed on tripathi's case, : 1978crilj839 of the constitution bench of the apex court.45. the aforementioned judgment are good enough to say that the distinction sought to be made by the learned senior counsel that in the case of tripathi, there were rules framed by the .....
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