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The Regional Transport Authority, Namakkal Region Vs. State Transport ...

Court : Chennai

Reported in : AIR1995Mad226

..... gazette to exercise and discharge the powers and functions provided in sub-sec. (3) of s. 68 of the act. exercising this power, the state transport authority has constituted the collector as a regional transport authority for a region. in other words, the collector is a ..... all matters on which differences of opinion arise between regional transport authorities; and to discharge such other functions as may be prescribed. 15. section 68 of the act, as stated above, deals with the transport authorities. subsection (i) provides the constitution for the state a state transport authority by notification in the official ..... . in my opinion, the argument of the learned counsel for the 2nd respondent merit acceptance and based on sound reasoning. 14. section 68 of the act provides that the state government shall, by notification in the official gazette, constitute for the state a state transport authority to exercise and discharge the powers and .....

N. Pushpa Vs. the Secretary to Government, Law Department

Court : Chennai

Reported in : (2009)8MLJ1072

..... referable to entry 66 of list i of vii schedule of the constitution and it will certainly prevail over the state universities acts, namely annamalai university act, madras university act and madurai kamarajar university act. it can never be contended that they operate on different areas.23. when a question as to whether the degree granted ..... clinical performance is judged..52. mr. salve, learned counsel appearing for the medical council of india has, therefore, rightly submitted that under the indian medical council act of 1956 the indian medical council is empowered to prescribe, inter alia, standards of postgraduate medical education. in the exercise of its powers under section 20 read ..... the period of three years of study in law. and there is no amendments regarding the course of instruction.20. it must be noted that the advocates act, 1961 and the rules framed, namely bar council of india rules there under, undoubtedly cover the field of legal education. therefore, it can never be .....

N.R.C. Limited Vs. B.Vidhyadar Vyas

Court : Chennai

..... cheques only to discharge the legally enforceable debt. once issuance of cheque is admitted, the appellant is entitled to the presumption under section 139 of negotiable instruments act. even though it is a rebuttable presumption, the respondent had not get into the witness box and not rebutted the same. per contra, ex.p8 ..... ex.p7. since the respondent herein has not repaid the amount, the appellant/complainant has preferred the complaint against the respondent under section 138 of negotiable instruments act, stating that the respondent herein had issued cheques knowingfully well that he is not having sufficient funds in the bank account. hence, he is guilty for ..... court no.iii, salem.2. the appellant herein as a complainant filed a complaint against the respondent/accused for the offence under section 138 of negotiable instruments act, stating that the respondent herein as a proprietor of the concern viz., m/s.chitra silk trading company, shevvapet, salem and he had business transaction with .....

The Regional Provident Fund Commissioner, Tamilnadu Vs. the South Indi ...

Court : Chennai

Reported in : (1985)ILLJ283Mad

..... they would be relevant circumstances for sympathetically considering the claims of such industries in non-payment of contributions and other remittances under the provisions of the act.' these observations are not inconsistent with what we have said earlier except except that the added relevant factor is whether on due dates even that ..... commissioner is a statutory authority who has been given discretion to levy or not to levy damages. the words used in s. 14-b of the act are 'where an employer makes default in the payments of any contribution to the fund ..................... the central provident fund commissioner ..................... may recover from the employer ..... conclusion that the defaulter has given valid reasons acceptable to the commissioner which explains the delay in depositing the contribution under the scheme or the act, then the further question of recovering any damages or determining the quantum of damages does not arise. however, if the provident fund commissioner comes .....

Sulaika Bivi and Six Others Vs. Rameeza Bivi and 10 Others

Court : Chennai

Reported in : 2000(4)CTC454

..... of the learned counsel for the appellants, the learned counsel appearing for 9th and 11th defendants after referring to the 'muslim personal law (sheriath) application act 1937. (act 26 of 1937) contended that wherever there is a different custom or usage prevailing than what is prescribed under the muslim personal law (shariat), an appropriate ..... in the matters of inheritance by the marumakkathayam system of matriarchal succession unknown to muslim law. the learned author has referred to the mapilla succession act, 1918 (act 1 of 1980) passed by the legislature of the then madras presidency which prescribed that notwithstanding any custom to the contrary, the separate property of ..... khan v. rathnam air 1956 mad. 144 apart from full bench judgment of kerala high court reported inlaxman v. kamal : air1959ker67 that the mappilla marumakkathayam act (madras act 17 of 1939) only dealt with the management of the tarward, the duties of the karnavan and the rights of the junior members and does not .....

Commr. of Cus. (Air), Chennai Vs. Cus. and C. Ex. Settlement Commissio ...

Court : Chennai

Reported in : 2003(85)ECC215; 2002(139)ELT512(Mad)

..... be proceeded with by the commission, other proceedings initiated by the writ petitioner and other authorities against the second respondent under the various provisions of the acts would be frustrated.11. the next contention of the learned counsel for the second respondent is that when the second respondent has complied with the ..... court cannot overlook the concepts of 'locus standi' and 'person aggrieved' which should be given the widest possible meaning'.while considering section 5c of the cinematograph act, which defined the person aggrieved, only with respect of a person applying for certificate, the court interpreted the words 'person aggrieved' as having wider spectrum of ..... is not the person aggrieved by the orders of the commission/the first respondent and the writ petitioner is not the authority functioning under the customs act and none of the legally protected right has been infringed nor he has sustained any injury. secondly, learned counsel submitted that the goods imported are .....

Saraswathi Ammal Vs. Ponninatha Nainar

Court : Chennai

Reported in : (2006)3MLJ272

..... the suit properties in s. no. 26/3 in respect of 9 cents and in s. no. 26/11 in respect of 19 1/2 cents.3. the genealogical tree of the case for easy analysation of the relationship between the parties is set out hereunder:- manibadra nainar ____________________|_______________________ | | | rajamathi(1st wife) 2nd wife marudevi (3rd ..... in the case of a widow is 'a pre-existing right', which existed under the shastric hindu law long before the passing of the 1937 or the 1946 acts. those acts merely recognised the position as was existing under the shastric hindu law and gave it a 'statutory' backing. where a hindu widow is in possession of the ..... cannot be applicable to the case on hand. admittedly, before the courts below both the parties have submitted arguments regarding applicability of section 14(1) of the act and hence technical objection that there is no pleading to the said effect in the plaint cannot be countenanced. therefore, both the courts have invoked the correct provision .....

M.Nagarajan Vs. V.M.Nagammal

Court : Chennai

..... issue regarding entitlement of the respondent/plaintiff to the death benefits, the abovesaid finding requires interference. 10. referring to sections 15 and 16 of the hindu succession act 1956, wherein, general rules of succession in the case of female hindu and order of succession and manner of distribution among the heirs of the female hindu ..... death into one of imprisonment for life, it was contended on behalf of the defendants that, in view of sections 25 and 27 of the hindu succession act, the plaintiff was disqualified from inheriting the property of peramiah gounder, as he had murdered peramiah gounder. on the other hand, the plaintiff contended that the ..... ors.) iv. air1982bom68 ( minoti v. sushil mohansingh malik and anr.). 19.this position of law was incorporated by way of section 25 of the hindu succession act, 1956 as quoted above, which clearly enunciates that a person who commits murder or abates the commission of murder shall be disqualified from inheriting the property of the .....

Jeyaraj Vs. the State Represented by the Inspector of Police.

Court : Chennai

..... prohibits confession to police. the law does not prohibits confession to non - police persons/ private persons. this has been recognized under section 24 of the indian evidence act. in fact confession is the best form of evidence, because it emanates from the very author/accused. it becomes reliable because, it is made by the maker/accused ..... accused had approached him for fear of police harassment. he sought his help and through him he had surrendered to police.39. section 24 of the indian evidence act, 1872 prohibits obtaining of confession from a person implicating himself in a crime under threat, coercion, undue influence or out of any inducement or promise of help. ..... as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability that the act must have been done by the accused.16. to make the accused responsible for the untimely death of the children, prosecution relies on the following circumstances:(i .....

Commissioner of Income Tax Vs. Rashmi Kamdar

Court : Chennai

Reported in : (1996)131CTR(Mad)277; [1996]217ITR559(Mad)

..... k. ramachandra rao : [1981]127itr414(ap) , a bench of the said court observed as follows : 'as has already been extracted, it provides that for the purpose of the act, 'previous year' means - 'if the accounts of the assessee have been made upto a date within the said financial year, then, at the option of the assessee, the twelve ..... option of the assessee, the assessment year shall also get advanced and commence accordingly for the assessee; and (ii) that in view of s. 59 of the finance act, 1972, the income before 1st april, 1972, notwithstanding the amendment in s. 56 which was not chargeable until the said date will not become chargeable merely because a ..... income. the fact that the assessee chose to make a claim for exemption would not necessarily lead to the conclusion that for the purpose of the assessment under the it act, the assessee had as a matter of fact included the disputed amount as income of the previous year ending deepavali, 1972. this would be inconsistent with his .....