Court : Chennai
Decided on : Dec-21-1994
Reported in : (1995)1MLJ524
..... allenberg cotton company (1993) 1 l.w. 132, that an appeal would lie under clause 15 of the letters patent, even if the order is not appealable by virtue of section 39 of the arbitration act. while holding so, the full bench referred to and relied upon a judgment of the supreme court in umaji v. ..... would lie against the judgment of a learned single judge of the high court rendered in an appeal under section 39(1) of the arbitration act. the question was whether clause 10 of the letters patent of the high court of punjab enabled a party to prefer an appeal against the judgment of a ..... side rules and concluded that the court had no jurisdiction to decide whether the appeals should be admitted or not. according to learned counsel, section 39 of the act conferred a right of appeal, in favour of the appellant and the registry ought to have issued a notice the moment the appeals were taken ..... disrespectful language and at times blatant condemnatory attacks like the present one are often designedly employed with a view to taming a judge into submission to secure a desired order. such cases raise larger issues touching the independency of not only the concerned judge but the entire institution. the foundation of our ..... no misconduct are well founded, the order of the learned single judge is confirmed. the appeals are dismissed, with costs in o.s.a. nos. 284 and 285 of 1994. the appellant shall pay costs to the first respondent in each of the said appeals. counsel's fee rs. 5,000 (rs. five .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-1994
Reported in : I(1995)DMC418
..... learned counsel for the respondent contended that the separate property of the wife cannot be the subject matter of an application under section 39 of the indian divorce act, section 39 reads as under :'whenever the court pronounces a decree of dissolution of marriage or judicial separation for adultery of the wife, ..... has not ascertained and ensured such effective contest by requiring the petitioner to make all necessary provisions for the respondent to defend including the costs of travel, residence and litigation where necessary, it should be held that the proceedings are in breach of the principles of natural justice. ..... making an order under section 39 can arise only if, after trial is established that the wife is guilty of ..... secure a just and equitable distribution .of all the available assets of the parties to the marriage to the members of the family which is disrupted on account of the divorce. the provisions for such financial settlement are to be found now in sections 23 to 25 of the english matrimonial causes act, 1973. section 39 ..... have to be kept in view if the occasion arises for making an order under section 39.39. the present application besides having been made in a suit which is prima facie not maintainable is patently premature even if it is assumed that the suit is maintainable, as the occasion for .....
Tag this Judgment!Court : Chennai
Decided on : Dec-19-1994
Reported in : (1995)IIMLJ367
..... was filed on 30-3-1993 and admitted on 7-4-1993. but, in june 1993, presidential ordinance 24 of 1993 was passed amending several sections of the act including sections 10, 13, 14, 16, 20 and 27. the petitioner has not filed any petition for amendment of the prayer in the writ petition or ..... ors. i (1992) cpj 231 (nc) confirmed the order on the only reasoning that the apprehension of the complainant before the forum that the marks she secured in her examination papers had been awarded to other two students who had been assigned the identical roll number in the examination and vice-versa was not true ..... in the larger sense of user of services. the common characteristics of goods and service are that they are supplied at a price to cover the costs and generate profits or income for the seller of goods or provider of services. but the defect in one and deficiency in other may have to ..... the intent of the law and its interpretation. in that context, the amendment was brought about changing certain definitions, including those of 'consumer' and 'complaint'. 39. a division bench of this court has held that the said amendment has not changed the position regarding hospitals and the services rendered by them-vide dr. ..... those which one would expect to find on an ordinary farm. the act was passed, as is well known, to overcome the effect of the decision in w & j.b. eastwood ltd. v. herrod (valuation officer) (1970) 1 all er 774 : (1971) ac 160, where chicken broiler houses were held not to be .....
Tag this Judgment!Court : Chennai
Decided on : Dec-19-1994
Reported in : (1995)2MLJ367
..... 1993 and admitted on 7.4.1993. but in june, 1993, presidential ordinance 24 of 1993 was passed amending several sections of the act including sections 10, 13, 14, 16, 20 and 27. the petitioner has not filed any petition for amendment of the prayer ..... consumer which he races against powerful business, described as, a network of rackets or a society in which, 'producers have secured power' to rob the rest, and the might of public bodies which are degenerating into store house of inaction where papers ..... in the interpretative exercise, it has to be highlighted that the afore-quoted definition is not an enhaustive one, but is patently an inclusive one. by enumerating certain categories, the legislature has only included therein some of the services which may otherwise be ..... of services. the common characteristics of goods and services are that they are supplied at a price to cover the costs and generate profits or income for the seller of goods or provided of services. but the defect in one and ..... and its interpretation. in that context, the amendment was brought about changing certain definitions, including those of 'consumer' and 'complaint'.39. a division bench of this court has held that the said amendment has not changed the position regarding hospitals and services rendered ..... would expect to find on an ordinary farm. the act was passed, as is well known, to overcome the effort of the decision in w. & j.b. eastwood limited v. herrod (valuation officer) (1970)1 all e.r. 774:1971 a.c. 160 .....
Tag this Judgment!Court : Chennai
Decided on : Apr-21-1994
Reported in : (1994)2MLJ281
..... of the state of madras, notwithstanding the expiration of the period of fifteen years from the commencement of the constitution of india. in exercise of the powers conferred under section 4 of act xxxix of 1956, the state government issued a notification in g.o.ms. no. 5630 of 1969, public (tamil development-i), dated 13th november, 1969. the notification referred also to ..... to the earlier decisions of the court, it is held that the word 'control' includes disciplinary control and it is vested in the high court to effectuate the purpose of securing independence of the subordinate judiciary. it is stated that the high court is made the sole custodian of control over the judiciary, which is not merely the power to arrange ..... section 137 of the code of civil procedure. under that notification, tamil language was officially adopted as the court language in the subordinate courts and came into force on 14th january, 1970 ..... . that power is available to the state government until the provisions of section 4-b are altered, amended or repealed by a competent legislature. hence, there is no difficulty in holding that section 4-b is operative and consequently the impugned notification is valid.40. v. conclusion: in the result, all the writ petitions are dismissed. there will be no order as costs. .....
Tag this Judgment!Court : Chennai
Decided on : Sep-28-1994
Reported in : AIR1995Mad329
..... the constitutionally permitted limits so long as such action of the legislature does not result in the negation of the fundamental rights secured under the constitution or the life, liberty, freedom and dignity of the citizen. the all powerful postures or claims of sky ..... law, be those of the house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978 and having regard to the consistent practice, the legislature was holding the view that publications similar to ..... of rectifying the serious lapse or redeem the action taken to punish the petitioner by detaining him in prison, of the patent illegalities committed at every stage. suo motu the speaker of the house has power only to refer the question to the privileges ..... per month andthe move by the members of the assamlegislative assembly to raise their salary tors. 250/- per month excluding allowancesfrom rs. 150/, the then existing salary, thepetitioner therein who was the editor of thedaily referred to above wrote an editorialcommenting upon the news items under ..... we fit into a rigid mould the concept of reasonable opportunity, shri gambhir cited before us the decisions state of gujaratv. teredesai, (1970) 1 scr 251 : air 1969 sc 1294 : : [1970]1scr251 ; management of d.t.u. v. b. l. hajelay, (1973) 2 scr 114 : air 1972 sc 2452 ..... in the negative.'30. the writ petitions are ordered on the above terms. no costs.31. reference answeredaccordingly. .....
Tag this Judgment!Court : Chennai
Decided on : Sep-27-1994
Reported in : [1995]82CompCas836(Mad)
..... fraudulent increase in the shares, they constituted 12 per cent. of the increased paid-up capital and hence they satisfied the eligibility criteria under section 399 of the companies act for filing the application. petitioners nos. 3 and 4 are directors of the company and also shareholders and in that capacity, they have ..... facilitating any such sale, disposition, realisation or encashment, as the case may be. in the event of deficiency in the sale proceeds of the said securities or any disposition realisation or encashment thereof, we shall be personally liable and responsible to make good such deficiency. without prejudice to any rights available to ..... 806 of 1994, c. m. a. no. 743 of 1993 and c. m. a. no. 875 of 1994, are dismissed, with no order as to costs. 138. after the judgment was pronounced, a request was made orally on behalf of respondents nos. 1 to 4 in the c. m. as. and respondents nos. ..... . two more decisions, namely, kanak lata ghose (smt.) v. amal kumar ghose, : air1970cal328 and achamma thomas (smt.) v. e. r. fairman, air 1970 mys 77, were cited before us by learned counsel for the appellants for the proposition that when there is a presumption, that presumption will hold good unless it is ..... one penalty is permissible, the court may not issue its writ to compel the observance of natural justice, because, courts do not issue futile writs. 39. when the matter was being argued before us, we put a question as to whether the appellant has got a better case to be argued from .....
Tag this Judgment!Court : Chennai
Decided on : Dec-23-1994
Reported in : AIR1995Mad383
..... the director of government examination based on the certificate issued by the member--secretary, sports development authority of tamil nadu along with the marks already secured in the written examination. 3. accordingly, the government direct that on the strength of the certificate issued by the member-secretary, sports development authority ..... res integra. the matter had arisen directly for consideration on earlier occasions before the supreme court. in chita ghosh v. union of india, air 1970 sc 35 : : [1970]1scr413 . the court held that the reservation of seats in the maulana azad medical college, delhi in respect of categories (c) to (h) ..... there is considerable force in the submissions made by learned senior counsel for that the above circumstances create a strong suspicion that that the authorities are not acting bona fide. learned senior counsel put it 'picturesquely', 'the door was opened, some (ineligible) people were let in and the door was closed'. ..... tamil nadu during the years 1990 and 1991. in the population data sheet it is stated that the total population in salem district is 39 lakhs comprising 20 lakhs of men and 19 lakhs of women. the percentage of literates among persons aged 7 and above in the said ..... matter of retotalling of the answer scripts. we are satisfied that no fraud has been played as alleged by the petitioners with regard to retotalling. 39. in the case of the petitioner in w.p. no. 13241 of 1994, we found on a scrutiny of the answer scripts, four marks .....
Tag this Judgment!Court : Chennai
Decided on : Feb-17-1994
Reported in : [1996]86CompCas747(Mad)
..... also contended that proper procedure established by law is a right secured under article 21 to any one whose liberty and life are deprived and that arbitrariness is writ large on the face of the procedure prescribed in section 13 of the act and that therefore it should be declared that a medical practitioner ..... constitution of india and the possibility may be next to nothing in this regard except where the constitutional validity of any provisions of the act or rules or any patent procedural infirmity or perversity of approach is demonstrated. 48. there can be no serious controversy or dispute over the fact that the ..... flood of irresponsible litigation, especially since the forum of the national commission as well as the state commission and the district forum is available free of cost to all complainants. in attempting to be fair to a few, we may thereby create a situation of which the attention of the hospital authorities, ..... held to be final and a suit against the same cannot be said to be barred even on the principles of res judicata. the decisions reported in a.i.r. 1970 s.c. 1923 (raipur municipality v. state of m.p.), : [1980]1scr1135 (dadaji v. sukhdeobabu), : [1977]1scr878 (south gujarat roofing tiles v. gujarat), ..... are to decide cases filed before them after taking such oral and documentary evidence as the circumstances of any given case may require. 39. the various issues raised in these writ petitions have to be considered and decided in the back-drop of the nature of the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-28-1994
Reported in : (1995)1MLJ42
..... legislature within the constitutionally permitted limits so long as such action of the legislature does not result in the negation of the fundamental rights secured under the constitution or the life, liberty, freedom and dignity of the citizen. the all powerful postures or claim of sky-high ..... by law, be those of the house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978 and having regard to the consistent practice, the legislature was holding the view that publications similar to the one ..... have the consequence of rectifying the serious lapse or redeem the action taken to punish the petitioner by detaining him in prison of the patent illegalities committed at every stage. suo motu the speaker of the house has power only to refer the question to the privileges committee ..... nor can we fit into a rigid mould the concept of reasonable opportunity shri gambhir cited before us the decisions in state of gujarat v. teredesai : [1970]1scr251 , management of d.t.u. v. b.b.l. majelay : (1973)illj76sc and k.c. tanden v. union of india : ..... and the move by the members of the assam legislative assembly to raise their salary to rs. 250 per month excluding allowances from rs. 150, the then existing salary, the petitioner therein who was the editor of the daily referred to above wrote an editorial commenting upon the ..... are answered in the negative. 30. the writ petitions are ordered on the above terms. no costs. .....
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