Court : Chennai
Reported in : [1999(82)FLR27]; (2001)IIILLJ27Mad; (1999)IMLJ64
..... court, jullundur : (1981)illj354sc . in that case, for recovery of gratuity, an application was filed before the lower court under section 33 of the industrial disputes act. while considering the question of jurisdiction, it was held thus at p. 357 of llj: '8. upon all these considerations, the conclusion is inescapable that parliament intended ..... which is the consequential relief to the declaration, the suit for mere declaration is not maintainable. the same is barred under section 34 of the specific relief act. 9. as against the said submission, learned counsel for respondent submitted that as between a master and servant, a suit for declaration that the dismissal is bad ..... thus: '14. thus the legal position is clear and the respondent cannot now reagitate the question regarding maintainability of the suit under section 34 of the act. however, counsel adopted an alternative contention before us that the suit is in effect one for specific enforcement of a contract and such a suit is not .....
Tag this Judgment!Court : Chennai
Reported in : (2002)3MLJ23
..... the mortgagor's right to foreclose had culminated in a decree he was no longer a mortgagee but a decree holder and therefore, s. 73 of the transfer of property act would not apply. both these objections did not find favour with the learned subordinate judge. the appeal has been filed by the claimants.3. though all the respondents have been ..... amounts due on a mortgage and therefore, s. 73(2) of the transfer of property act would apply and he is entitled to lay his claim on the compensation money. the appellant objected to this on two grounds; one was that after the preliminary decree no ..... is no immediate prospect of its coming to a satisfactory end.' this appeal arises out of an order passed in an application un der s. 30 of the land acquisition act. 2. the appellants are the claimants. their claim was resisted by the second respondent on the ground that he had obtained a preliminary decree in a suit for recovery of .....
Tag this Judgment!Court : Chennai
Reported in : 1993(44)ECC262; 1993(65)ELT25(Mad)
..... construction of the expressions 'shall be liable to confiscation' used in section 63(2), and 'may' in sub-section (1) of section 64, which will preserve the efficacy of the provisions as an instrument for combating these anti-social activities, and reject the other which will render them ineffective.' for the above, the ..... respondent, who were found responsible for the misdeclaration. according to the respondents-appellants, the present summons dated 18-11-1991 under section 108 of the customs act, 1962 by the 4th respondent herein is in connection with the investigation/inquiry of all the above mentioned imports that appeared to lead to actions for ..... were subjected to adjudications by the collector of customs and central excise and in cases of release ordered by this court as well as release otherwise, they acted on information available until then. in the last import, when however, the documents were found undervalued and documents manipulated, the collectors of customs and central .....
Tag this Judgment!Court : Chennai
Reported in : AIR1984Mad47
..... of the act, the suit in ejectment, that it might have proceeded to declare will also stand dismissed ..... 4 of the act. by reason of such non-deposit owing to the operation of- 4 (1) ..... that regard by virtue of s. 12 -of the act. personally, the result of deposit of the amount towards compensation with in the time provided under s. 4 (1) of the act would be to free the tenant 11rorn the obligation to surrender possession of the land with the buildings and the trees thereon, as provided in the concluding portion of s. .....
Tag this Judgment!Court : Chennai
Reported in : 2007(3)ARBLR9(Madras)
..... for the purposes of arbitral proceedings; or(ii) for an interim measure of protection in respect of any of the following matters, namely:(a) the preservation, interim custody or sale of any goods which are the subject matter of the arbitration agreement;(b) securing the amount in dispute in the arbitration;(c) the detention ..... .19. the following questions arise for consideration in the above applications:(a) whether this court has got jurisdiction to entertain these applications filed under section 9 of the act, 1996 ?(b) if yes, whether these applications are liable to be dismissed as no prior leave was obtained under clause 12 of the letters patent ?(c) ..... of their obligations under the agreement dated 21.12.2005. hence, they have filed the above 3 applications under section 9 of the arbitration and conciliation act, 1996 (hereinafter called 'the act') by way of interim protection.12. this court, by order dated 07.06.2006 granted interim injunction in all the applications and the same was .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad54
..... that the oral gift as stated in ex. a-2 is inadmissible in evidence. section 129 of the transfer of property act saves mohammedan gifts from the application of the provisions of chapter vii of the transfer of property act. the result is that the oral gift made by mohammed jaffar in favour of his wife fathima bi in lieu of her .....
Tag this Judgment!Court : Chennai
Reported in : AIR1981Mad62; (1981)1MLJ492
..... of the hindu succession act, we are of the opinion that the parliament, while enacting this section, should have felt that the dwelling house of a hindu joint family should be regarded as an impartible asset treasured by the ancient hindu tenants and as such the dwelling -house should be allowed to be preserved by the family until ..... the respective shares or alienates his share to a stranger, then it would mean that the contingency has arisen whereby the male members are no longer capable of preserving' the dwelling house. that is why the parliament has, under the section, allowed the female members to claim partition in case the male members choose to divide ..... fact section 23 has been introduced as a special provision respecting dwelling houses, as clearly seen from the heading of the section itself, thereby laying emphasis on the preservation of the dwelling house. it was for these reasons, in our opinion, the parliament has given the male members an edge over the female members in the .....
Tag this Judgment!Court : Chennai
Reported in : [1988]64CompCas304(Mad); (1987)IIMLJ363
..... the official gazette and subject to such restrictions, limitations and conditions as it thinks fit, empower any district court to exercise all or any of the jurisdiction conferred by this act upon the court, not being the jurisdiction conferred- (a) in respect of companies generally, by sections 237, 391, 394, 395 and 397 to 407, both inclusive; ..... up.' 7. the argument that has been advanced before the court below, and which found favour with it, is the court having jurisdiction under the companies act shall be the high court having jurisdiction over the place at which the registered office of the company concerned is situate, except to the extent which jurisdiction has ..... ceased to be the managing director, finding out the amounts due form him and passing a decree against him therefor. chapter iv-a of the act introduced by the amendment act of 1963 confers powers on the central government to remove managerial personnel from office on the recommendation of the high court. section 388b(1)(a) .....
Tag this Judgment!Court : Chennai
Reported in : (2008)12VST546(Mad)
..... evasion. if the scheme of section 7a of the act is to step in to levy tax in cases covered under the exemption notification, the very purport of the exemption is lost. hence, any construction as to the scope of section 7a must necessarily be one to preserve and justify the grant of exemption under section 17. ..... a notification issued has to fit in with the taxation policy. however, if a notification granting exemption has the effect of shifting the point of taxation to attract section 7a, the same would be against the scheme given under the act. learned counsel placed ..... scope of the operation of these two sections are totally different and distinct. consequently, an exemption granted under section 17 with reference to the tax payable under the act cannot be construed as shifting the point of taxation merely by reason of the transaction attracting section 7a. the provisions give no scope for such understanding. he .....
Tag this Judgment!Court : Chennai
Reported in : AIR2002Mad82; (2001)3MLJ681
..... the issues are actually settled.9. if the words 'first hearing of the suit' is so understood, then under section 12(2) of the tamil nadu court fees act, the defendant can plead either by written statement or otherwise the defence relating to improper valuation of suit or insufficiency of court fees before the first hearing of the suit ..... the additional issues have also been framed and it is also seen from a perusal of the judgment that trial had already started.10. section 12(2) of the act also requires the court to hear and decide these questions before evidence is recorded affecting such defendant on the merits of the claim. in this case since evidence has ..... also been recorded, the procedure set down in section 12(2) of the act cannot be adopted. the learned counsel for the petitioner submitted that the court should not have postponed this question, but ought to have decided the same and if the .....
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