Court : Chennai
Decided on : Mar-04-2016
..... , by the provisions of the code of civil procedure, being an act passed by the governor-general-in-council, and being act no.viii of 1859, and the provisions of any law which has been made amending or altering the same, by competent legislative authority for india." (letters patents of the three high courts, namely, calcutta, bombay and madras are ..... p) ltd. (balasaria construction (p). ltd. vs. hanuman seva trust - 2006 (5) scc 658) and also in narne rama murthy case (narne rama murthy vs. ravula somasundaram - 2005 (6) scc 614), that if the plea of limitation is a mixed question of law and fact, the same cannot be raised at the appellate stage. we have no problem ..... for the plaintiff relied on the following decisions: (a) 2005 (1) ctc 304 (sc) (iridium india telecom ltd. vs. motorola inc.): "2. this appeal impugns the judgment of the division bench of the high court of judicature at bombay in a letters patent appeal holding that the amended provision of order 8, rule 1 of the code of civil .....
Tag this Judgment!Court : Chennai
Decided on : Oct-20-2016
..... observed and held as follows: while dealing with the effect of section 115 of code of civil procedure after the amendment act 46 of 1999, which came into effect from 01.07.2002, the supreme court has held that such amendment has not affected the jurisdiction of the high court under articles 226 and 227 of the constitution of india. it ..... courts by exercising jurisdiction, which is vested in them and by not declining to exercise the jurisdiction, which is vested in them. 8. when there has been a patent perversity in the orders of the tribunals and courts subordinate to it or where there has been a gross and manifest failure of justice or the basic principles of ..... court. (g) apart from the situations pointed in (e) and (f), high court can interfere in exercise of its power of superintendence when there has been a patent perversity in the orders of the tribunals and courts subordinate to it or where there has been a gross and manifest failure of justice or the basic principles of natural .....
Tag this Judgment!Court : Chennai
Decided on : Sep-01-2016
..... assistant solicitor general has pointed out that the fee payable is as per section 142 of the said act and may be prescribed by the central government as it deems fit. 9. the learned counsel for the petitioner seeks to plead that the patent (amendment) rules, 2016 have been issued on 16.5.2016 and are to be made applicable from the date ..... denied at the entry stage into the national phase in india. the relevant portion of section 59 of the said act reads as under: section 59. supplementary provisions as to amendment of application or specification.- (1) no amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation .....
Tag this Judgment!Court : Chennai
Decided on : Jan-07-2016
..... of limitation can be regarded as being suspended because a party is prevented under certain circumstances from taking action in pursuance of his rights. the limitation act is a consolidating and amending statute relating to the limitation of suits, appeals and certain types of applications to courts and must, therefore, be regarded as an exhaustive code. ..... bench judgment in p.s.sathappan case (cited supra), the hon'ble supreme court, in iridium india telecom ltd. vs. motorola inc. [2005 (1) ctc 304 (sc)], held that letters patent will prevail over cpc as the non-obstante clause used in section 129 cpc is not merely declaratory but indicative of parliament's intention to prevent ..... court in p.s. sathappan (dead) by l.rs. vs. andhra bank limited and others [(2005) 1 mlj 105 (sc), wherein, in paragraph 32 of the judgment, it has been observed in the following words:- a letters patent is a special law for the concerned high court. civil procedure code is a general law applicable to all courts .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-2016
..... or transferred, if the whole of the expenditure on such capital asset has been allowed as a deduction under section 35ad. explanation 1.[omitted by the direct tax laws (amendment) act, 1987, w.e.f. 1-4-1989.] explanation 2.where speculative transactions carried on by an assessee are of such a nature as to constitute a business, ..... or kind, under an agreement for (a) not carrying out any activity in relation to any business [or profession]; or (b) not sharing any know-how, patent, copyright, trade-mark, licence, franchise or any other business or commercial right of similar nature or information or technique likely to assist in the manufacture or processing of goods ..... section shall apply to an assessee- (a) for an assessment year beginning after the 31st day of march, 2004 and ending before the 1st day of april, 2005; (b) who owns any undertaking which manufactures or produces goods or merchandise anywhere in india (outside any special economic zone) and sells the same to any undertaking .....
Tag this Judgment!Court : Chennai Madurai
Decided on : Sep-29-2016
..... 15 of the letters patent, against the order passed in w.p(md)no.1831 of 2007, dated 27.09.2011.) m. sathyanarayanan, j. 1. the respondent/writ petitioner made a challenge to the constitutional authority of explanation v under section 2(1)(aa) of the tamil nadu additional sales tax act, 1970, introduced by the amendment act 23 of 2002, ..... . the state of tamil nadu, in order get over the effect of the said judgment, introduced an amendment to the tamil nadu sales tax act, by introducing explanations iii, iv and v to section 2(1)(aa) of the said act by amendment act 23 of 2002 and explanation v is applicable to the assessees, like the respondent/writ petitioner and as ..... reported in 124 stc 654, the scope of charging sections has been expanded. the learned single judge has considered the scope of charging sections, viz., amended section 2(1)(aa) of the act, and by placing reliance on the judgment of the honourable supreme court in s.sundaram v. v.r.pattabhiraman reported in air 1985 sc 582 and .....
Tag this Judgment!Court : Chennai
Decided on : Sep-06-2016
..... as chief executive is well within the power of the board of the society. therefore, it was submitted that the amendments are in consonance with the provisions of the act, and it has been passed in the annual general body meeting held on 10.12.2012, which is the ultimate ..... state cooperative society, the scales of pay, allowances and other conditions of services, including disciplinary action against such employee. the society proposed an amendment to increase the cadre strength in the post of secretary from one to four and this proposal was approved by the general body of the ..... court, chennai. an appeal was filed as against the said order before this court and the sentence was suspended. by order dated 19.01.2005, the appellant was placed under suspension on the ground that he has been convicted of a criminal charge and the conviction has not been ..... (prayer: appeal filed under clause 15 of the letters patent, against the order dated 28.04.2016 passed by this court in w.p.no.26080 of 2013.) r. .....
Tag this Judgment!Court : Chennai
Decided on : Jan-12-2016
..... provides for handing over possession on the execution of the sale deed and as per sections 22 and 28 of the specific relief act, 1963, the possession can be obtained at any stage by amending the prayer, though initially possession was not sought for and as per the judgment of hon'ble supreme court reported in babu lal ..... outside the territorial jurisdiction of this court, i.e. in kancheepuram district, this court holds that this court has no territorial jurisdiction under clause 12 of the letters patent to entertain and try the suits. therefore, the argument of the learned counsel for the plaintiff that the suits are simpliciter for specific performance to enforce the contract ..... counsel appearing for the respondent. according to me, the facts of that case reported in ummer koya, p.t. vs. tamil nadu chess association, manu/tn/0534/2005 : 2005 (3) ctc 86, are entirely different from the fact of this case and having regard to the judgment reported in the matter of harshad chiman lal modi vs. .....
Tag this Judgment!Court : Chennai
Decided on : Aug-12-2016
..... in major ports through joint ventures and foreign collaboration, dated 1st june 1998" issued by goi (ministry of surface transport) as amended, supplemented or otherwise modified hereafter from time to time. therefore, guidelines modified from time to time even after the contract to be ..... to determine and the court can interfere when the tribunal ignores the terms of the contract or if the award is patently illegal. the learned senior counsel appearing for the first respondent further contends that the real issue in this case was ..... adjust the sum of rs.33,77,09,219/- along with simple interest at 9% p.a from 28.02.2005 till the date of adjustment against the dues payable by cctpl and chennai port trust shall not make any further demand ..... against the said order, chennai port trust has come forward with this appeal under section 37 of the arbitration and conciliation act, 1996. 4. the learned senior counsel appearing for the appellant contends that the tribunal ought not to have made chennai .....
Tag this Judgment!Court : Chennai
Decided on : Jul-12-2016
..... conclusion and disposal of the ongoing dispute arising out of the multi-annual agreement dated 04.05.2011, addendum a dated 04.05.2011, amendment dated 30.09.2011 and supplementary agreement dated 25.04.2013, the purchase orders / project agreements pursuant to the multi-annual agreement between the ..... confidentiality:- for the purposes of this clause, confidential information means any proprietary information of the company, including but not limited to information relating to intellectual property rights, patents, trademarks, copyrights, trade secrets, know-how and the following types of information: technical data research, product plans, products, services, customer lists, software, developments, ..... on any court, in which, the consultation takes place with the lawyers. similarly, signing of application under section 11 of the arbitration and conciliation act, 1996, also does not confer any jurisdiction. 11. coming to the terms of the letter of appointment, clause 8 can be invoked only .....
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