Judgment Search Results Home > Cases Phrase: pharmacy act 1948 section 25 term of office and casual vacancies Court: chennai Page 1 of about 15 results (0.081 seconds)

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... of 2012 is filed under article 226 of constitution of india praying to issue a writ of declaration declaring section 65(105)(zzzzt) of the finance act, 1994 as ultra vires entry 54 of list ii of the seventh schedule to and article 14, 19(1)(g) and 245 of the constitution of india w.p.no.5900 of 2012 is filed under article 226 of constitution of india praying to issue a writ of declaration declaring section 65(105)(zzzzt) of the finance act, 1994 as ultra vires entry 54 of list ii of the seventh schedule to and article 14, 19(1)(g) and 245 of the constitution of india. ..... goods in the course of intra-state sales is the subject matter of the states in terms of entry 54 of list ii and sales tax on goods in the course of inter-state sale is the subject matter of union in terms of entry 92a of list i and when the temporary transfer of copyright is treated as sale of goods and having levied sales tax, parliament cannot again call it as a service for levying service tax and the union of india has no competence to levy or collect sales tax on the transaction.35 ..... , a company registered under the companies act, 1956 having its registered office at no.59, vijayaraghava road, t.nagar, chennai-600 017 ..... share here, the exhibitor shares with the distributor, in a pre-set ratio (typically 1:2), the entire box office collection of the film after deducting entertainment tax. ..... here, the exhibitor pays the distributor the entire box office collection after deducting entertainment tax and show rentals. .....

The Narasimha Mills Ltd., Narasimhanaickenpalayam, Coimbatore-641 031 ...

Court : Chennai

Reported in : 2000(1)CTC406; (2000)ILLJ1353Mad

..... the division bench of the calcutta high court relied on by learned counsel for the appellant himself, in paragraph 40 of the judgment, it has been specifically mentioned as follows:'40...it is obvious that on proper construction of section 2(9)(11) of the said act of 1948 where the employees of the immediate employer work outside the factory of the premises of the principal employer, they would have the benefit of the employees' state insurance only if they work under the supervision ..... court), an application was filed by the appellant under section 75 of the employee's state insurance act, 1948 (hereinafter called 'the act') seeking to hold that no contribution could be claimed by the employee's state insurance (e.s.i), corporation in respect ..... is always open to the management to have as many branches or working places to 'suit its convenience and merely because a place of work belonging to the employer, whether, it be a godown or a branch office, is situated away from the premises of the factory, cannot result in excluding such premises from the expressions ..... the calcutta high court alsodealt with a similar contention, whereby, the work which was carried on in thehighways and the public roads through contractors, was sought to be termed aswork within the factory. ..... on public roads and highways through the contractors, was attempted to be termed as work within the factory and hence, rightly rejected ..... 1967)iillj40sc , came to the conclusion that the term, 'premises', as occurring in sec. .....

Velammal Matriculation Hir. Secondary School, Rep. by Its Corresponden ...

Court : Chennai

..... 226 of constitution of india praying to issue writ of certiorarified mandamus calling for the entire records of the respondent committee which culminated in the order dated 27.05.2011 under section 6(4) of act 22 of 2009 made with respect to the petitioners school (cc no.05172)and quash the same as arbitrary, unreasonable and illegal and further direct the respondent to reconsider the representations made by the petitioners with respect to fixation of fee for classes from lkg to xii standard by following the directions ..... nil in respect of petitioner school and quash the same and consequently direct the 1st and 2nd respondents and permit the writ petitioner to collect the fees in terms of the fee fixed by the school and submitted to the committee. ..... (iv) the government shall ensure that the notice board of the offices of the district educational officer displays the names of the writ petitioner schools covered under the order of the high court dated 03.05.2012. ..... praying to issue writ order or direction or any other writ in the nature of writ of certiorarified mandamus calling for the records relating to the impugned order of the third respondent dated 27.5.2011 in respect of the petitioner school and quash the same and consequently direct the 1st and 2nd respondents and permit the petitioner to collect the fees in terms of the fee fixed by the school and submit to the committee. .....

A. Mahesh, Vs. K.K. College of Pharmacy Rep. by Its Principal/Correspo ...

Court : Chennai

Reported in : 2003(4)CTC657

..... senior central government standing counsel appearing for all india council for technical education, on the other hand, would submit that when both the pharmacy act, 1948 and aicte act, 1987 provide for the minimum standards of norms for admission, syllabi and the examinations, the later enactment namely the aicte act alone shall prevail insofar laying down of the norms etc. mr. m. ..... it may be also relevant to note that while aicte framed norms and standards for pharmacy programmes, also took note of the education regulation, 1991 framed by the pharmacy council of india under section 10 of the pharmacy act, approved by the government of india, ministry of health and notified in gazette of india dated 11.7.92 as well the consequential amendment of education (amendment) regulation, 1994 notified ..... to the general law which provides for filing of a regular suit for recovery of possession of property in a competent court and for trial of such a suit in accordance with the procedure laid down in the code of civil procedure, the public premises act confers the power to pass an order for eviction of an unauthorised occupant in a public premises on a designated officer and prescribes the procedure to be followed by the said officer before passing such an order. ..... terms of article 372 of the constitution of india, the aicte act to the extent it covers the same field as covered by the pharmacy act will prevail and the provisions of the pharmacy act to that extent would yield to the aicte act. .....

Sengali and 20 ors. Vs. the Executive Officer, Mettur Town Committees

Court : Chennai

Reported in : 1995(2)CTC26

..... though there is a possibility of both the enactments applying whenever the respondent decides to remove the encroachments, it cannot be disputed that as on date the public premises act cannot be invoked by the respondent because estate officers have not been appointed under section 3 of the act in respect of the area in question.4. ..... :'there can be no doubt that section 5 confers an additional remedy over and above the remedy by way of suit and/that by providing two alternative remedies to the government and in leaving it to the unguided discretion of the collector to resort to one or the other and to pick and choose some of those in occupation of public properties and premises for the application of the more drastic procedure under section 5, that section has lent itself open to the charge of discrimination and as being violative of article 14. ..... in our opinion, the provisions of the public premises act, to the extent they cover premises falling within the ambit of the rent control act, override the provisions of the rent control act and person in unauthorised occupation of public premises under section 2(e) of the act cannot invoke the protection of the rent control act.'6. ..... though the mettur town is governed by the mettur township act, 1940, under section 4(1) of the township act the district municipalities act have been made applicable to the mettur town. ..... recovery) act, 1959 to evict a lesee, whose term of lease came to an end. .....

Munaimmal and Others Vs. R. Sundara Mahalingam

Court : Chennai

Reported in : AIR1991Mad55

..... buildings, it was very clear that the landlord was not carrying on any business on the date of the filing of the petition for eviction under the act, that there was no evidence that the landlord took steps for the purpose of commencing the business, and that the landlord did not make any application to the authorities concerned that he intended to carry on the jewellery business in the demised premises. ..... 2mlj215 ,the head-note of which reads as follows:--'it may be that a person who has obtained the necessary licence or purchased the requisite machinery might be said in certain circumstances to be carrying on business within the meaning of section 7(3)(a)(iii) of the madras buildings (lease and rent control) act so as to enable him to apply under that provision for eviction of a tenant. ..... is a non-residential one, that the respondent herein purchased the property from his predecessor for the purpose of starting a jewellery shop and money-lending business at that building, that the respondent herein did not own or possess any other buildings of his own, that he made all arrangements to start the business and as such he instituted the proceedings under section 10(3)(a)(iii) of the act for eviction of the revision petitioners herein.3. ..... 307 of air) :'on a careful consideration of the language employed by the section and particularly the words we have extracted and also the view of the several single judges, we are of the view that while the literal construction placed by basheer .....

A. Jegannathan, Vs. Local Library Authority of Tiruchy District Rep., ...

Court : Chennai

Reported in : 2003(2)CTC522; (2003)2MLJ753

..... act, 1975 civil court is barred from entertaining the suits in respect of eviction of any person who is in unauthorised occupation of public premises or recovery of arrears of rent, in this case, as submitted by learned counsel appearing for the respondent/plaintiff, the estate officer has not been notified by the government exercising powers under sec.3 of the public premises act, 1975 and the eviction of the occupants can be taken under sections 4 and 5 of the public premises act, 1975 only if the estate officer ..... dated 3.3.1999 appointing the estate officer for the purpose of enforcing the provisions of the public premises act 1975 with respect to the buildings in question and on that basis, learned senior counsel submitted that in view of such appointment, the civil court has lost its jurisdiction to try the suits after the issuance of the said government order and also in view of section 15 of the public premises act 1975. ..... senior counsel appearing for the appellants/tenants submitted that the buildings in question are not exempted under the tamil nadu buildings (lease and rent control) act, 1960, hereinafter called 'the rent control act, 1960' and so the suits cannot be maintained before the civil court and so the decrees passed without jurisdiction also cannot be sustained. ..... on the ground that the terms of the tenancy had already expired and the rent was not paid in spite of repeated demands, notices were issued to the tenants to surrender possession of the suit properties .....

Muniammal and ors. Vs. R. Sundara Mahalingam

Court : Chennai

Reported in : (1990)2MLJ186

..... ) in which it was held that the intention of the legislature in enacting section 7(3)(a)(iii) of the madras buildings (lease and rent control) act 1949, which is analogous to section 10(3)(a)(iii) of the 1960 act, was that the landlords must be actually carrying on business before they can claim possession of the premises for non-residential purposes, namely, the business which they are carrying on. ..... as contended by learned counsel for the revision petitioners, the act is a self-contained code, and it is for the landlord to satisfy the requirements of section 10(3)(a)(iii) of the act in order to obtain an order for eviction against the tenants. ..... 666 for the proposition that it would be extremely hard to construe section 10(3)(a)(iii) of the act as to mean that if the landlords want to start their own business, they must first start the business in rented premises, taken on rent from some-body else, and then they should take proceedings for eviction of the tenant on, the ground that they require the premises for running their own business. ..... : (1959)2mlj215 , the head-note of which reads as follows:it may be that a person who has obtained the necessary licence or purchased the requisite machinery might be said in certain circumstances to be carrying on business within the meaning of section 7(3)(a)(iii) of the madras buildings (lease and rent control) act so as to enable him to apply under that provision for eviction of a tenant. .....

Tenkasi Municipality through its Commissioner, Tenkasi Vs. Elavarasi a ...

Court : Chennai Madurai

..... learned counsel for the respondents would also rely upon section 22 of the district municipalities act and would submit that what is meant by public street. ..... government of tamil nadu represented by the district collector, cuddalore, south arcot district and two others reported in 2002(3) ctc 221, wherein it was held that the land encroachment act or the tami nadu estates (abolition and conversion into ryotwari) act cannot be invoked in respect of the gramanatham property occupied by general public. ..... (prayer: second appeal filed under section 100 of the code of civil procedure, against the judgement and decree dated 06.07.2004 made in o.s.no.442 of 2003, on the file of the principal district munsif court, tenkasi which was confirmed by the judgment and decree dated 24.06.2005, in a.s.no.118 of 2004, on the file of the principal subordinate judge, ..... respondents have no right to interfere with the peaceful possession and enjoyment of the land and their action in giving a complaint of the land and their action in giving a complaint for alleged offence under section 420 of the i.p.c. ..... view of the answer given to substantial questions of law 1 and 2, ex.a.1 cancellation of property tax assessment order is against law, illegal, void, ab initio and not binding the plaintiffs and the land encroachment act cannot be invoked for natham property. ..... it is for this purpose that the aforesaid act was enacted, and the same object has been achieved by the learned single judge namely, to throw out an .....

V. Mohamed Haneef and Co. and Ors. Vs. Regional Director, Employees' S ...

Court : Chennai

Reported in : AIR1969Mad155; (1969)ILLJ586Mad

..... cases we are concerned with the true scope of the definition of 'factory' in section 2(12) of the employees' state insurance act (central act 34 of 1948) and whether the tanneries in question in these cases would come under that definition of ..... not necessary that all the twenty persons should be working in the same section of department, so long as the efforts of all the departments were ..... : (1960)iillj699mad the division bench observed:'in our opinion the scope of the statutory definition of the term 'factory' and the application of the act (the employees' state insurance act, 1948) cannot be decided on the basis of what the employer, either for the sake of efficiency or convenience of ..... (1960)iillj428mad referred to the decision of the division bench in : (1960)iillj699mad and summarised the ruling in that case thus:'in that case it was held that the essential requisites of a factory within the meaning of the term in the act were (1) a premises, geographical area within a certain boundary (2) in a part of which at least manufacturing process was carried on with the aid of power and (3) twenty or more persons should be working in the premises, though it was .....