Court : Chennai Madurai
..... men and women, equipped with ability and knowledge, discipline and intellectualism to enable them to face the challenges of their lives. as vishnu, the teacher is preserver of learning. as maheswara, he destroys ignorance. ....." 18. in yet another judgment in the case of the secretary, sri ramakrishna vidhyalayam high school, tirupparaithurai, ..... courts wants to impose costs on the headmistress, namely, tmt.prema for creating restlessness among students and teachers through her unwarranted act. accordingly, the headmistress is directed to arrange for uprooting karuvelam tree ("tamil"), having biological name prosopis juliflora to the extent of 2400 sq.ft. (1 ground), which will have to be ..... about compliance along with photographs to the registry of this court immediately thereafter. 23. in case the headmistress fails to come forward to eradicate the trees, the government shall do the said exercise and recover the amount from the salary of the headmistress. it is made clear that even after .....
Tag this Judgment!Court : Chennai
..... the public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the births, deaths and marriages registration act, 1886. the andhra pradesh administrative tribunal corrected the date of birth as claimed by the petitioner before the tribunal, in view of the entry in the births ..... trial/appellate court and the high court, more so, when the issue is decided in second appeal. but where the courts below loose sight of statutory provisions or act on irrelevant or inadmissible materials, and ignore relevant materials, interference is not impermissible. normally, in public service, with entering into the service, even the date of ..... of the plaintiff as 29.11.1960. however, no other direction as sought for by the writ petitioner was granted, as it is for the department to act on the basis of the declaration made in the suit. pursuant to the decree of the civil court, the second respondent namely the director general of police, .....
Tag this Judgment!Court : Chennai
..... is concerned, it could be seen that the permanent change has been admittedly made on the servient heritage itself by the plaintiffs by their act of planting various trees viz., coconut, lime trees, bamboo clusters etc, this would only go to show that the plaintiffs are not utilising the suit property as a pathway and on the ..... that the plaintiffs have any easement right over the suit property, as such, the same got extinguished on account of the acts of the plaintiffs in burdening the servient heritage materially by putting the trees, house structure etc., and accordingly, the defendants had been constrained to interfere with the lawful enjoyment of the so called ..... coconut, lime trees and bamboo trees and using its usufruct, thereby making use of the suit property for some other use, than as a pathway for reaching uppukulam street and the act of the plaintiffs in planting the tress above mentioned would definitely amount to changing the nature and character of the easementary right, if any, .....
Tag this Judgment!Court : Chennai Madurai
..... to prepare his defence. we think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the government in the prosecution. we recognize that previous constitution benches have been reluctant to quash proceedings on the grounds of delay, and ..... competent authority who can always review its order of suspension being an inherent power conferred upon them by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the ..... issue can be summarised to the effect that suspension order can be passed by the competent authority considering the gravity of the alleged misconduct i.e. serious act of omission or commission and the nature of evidence available. it cannot be actuated by mala fide, arbitrariness, or for ulterior purpose. effect on public interest .....
Tag this Judgment!Court : Chennai Madurai
..... to prepare his defence. we think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the government in the prosecution. we recognize that previous constitution benches have been reluctant to quash proceedings on the grounds of delay, and ..... competent authority who can always review its order of suspension being an inherent power conferred upon them by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the ..... issue can be summarised to the effect that suspension order can be passed by the competent authority considering the gravity of the alleged misconduct i.e. serious act of omission or commission and the nature of evidence available. it cannot be actuated by mala fide, arbitrariness, or for ulterior purpose. effect on public interest .....
Tag this Judgment!Court : Chennai
..... court in its judgment cited supra has gone at length considering various commentaries of the experts on the issue also referring illustration i to section 7 of indian easement act 1988 has observed that:- 9. ........there is a natural right of drainage from higher lands to lower lands of water flowing in the usual course of nature in ..... grant or custom, but is inherent in the geographical configuration of the property. as this right is strictly not an easement as defined in the indian easements act, s.23 of that act does not come into play. under that section the dominant owner may from time to time, alter the mode and place of enjoying the easement, provided that ..... water and drain it into the canal found in the defendants land. probably, the first appellate court has drawn its inspiration based on section 23 of the indian easement act. 18. it is pertinent to point out that according to the plaintiff, the excess water is not only the natural rain water, but also the artificial water which .....
Tag this Judgment!Court : Chennai
..... besides, the order must also reflect that the magistrate has assessed the truth of the information and the need for taking action under section 107 cr.p.c. for preservation of peace and order ...." [c] one of us [p.n. prakash, j.], doubted the correctness of the aforesaid dicta and sought a reference to a division ..... cause in cases where breaches of peace were apprehended within the territorial limits of the presidency towns. subsequently, the legislature repealed the 1872 code and the presidency magistrates' act, 1877 and enacted a consolidated code titled "code of criminal procedure, 1882", for the whole of british india. 6. section 107 of the 1882 code became ..... the penal code, being a substantive law, could be enforced only after the commission of an offence. what ought to be done to prevent the commission of an act that would disturb the public tranquillity, was answered by chapter xviii titled "of recognizance and security to keep the peace", of the code of criminal procedure, 1861. .....
Tag this Judgment!Court : Chennai
..... disputed at any point of time by the defendants. while so, the first appellate court has rightly held that ex.a1-settlement deed is true and valid and acted upon. this court has no reason to interfere with the above finding of the first appellate court. 15. lastly, the adverse possession claimed by the appellant ..... husband william daniel's father aruldass daniel are sons of m.daniel and the marriage between pw1 and her deceased husband william daniel is prohibited under christian marriage act as the marriage is incestuous. however, the above said erroneous conclusion has been rightly reversed by the first appellate court based on ex.a7-marriage certificate ..... be dismissed for non prosecution? (2) whether the judgment and decree of the lower appellate court vitiated by its failure to consider the impact of christian marriage act to the alleged marriage by the first respondent with late h.m.william daniel which marriage is within prohibited relationship? (3) whether the respondents 2 to 4 .....
Tag this Judgment!Court : Chennai
..... provision under section 120 of the indian evidence act reads as follows: 120. parties to civil suit, and their wives or husbands. husband or wife of person under criminal trial.-in all civil proceedings the parties to the suit ..... , who is not a party to the suit, has no locus standi to file the application. the court below has failed to see that under section 120 of indian evidence act, 1872, the parties to the civil suit, and their wives and husbands shall be competent witness. thus the husband of the petitioner is competent witness to the civil suit. the .....
Tag this Judgment!Court : Chennai
..... when an employee, who has put in not less than-ten years of satisfactory service in a society governed by the provisions of the payment of gratuity act, 1972 (central act 39 of 1972) retires from service or if he dies while in service, it shall be competent for the board to sanction him or to his ..... single judge. 28. tamil nadu vatta kooturavu veetu vasathi sangangalin anaithu paniyalargal madya sangam's case, has been decided, considering the objects of the co-operative societies act, 1983, rules made thereunder, directions issued by the government from time to time, on the aspect of framing of special bye-laws for the purpose of classification ..... be prescribed as a necessary qualification for specific categories of non-technical posts. ... " 11. as far as section 73 of the tamil nadu co-operative societies act, 1983 is concerned, the said provision empowers the registered society to make appointment of paid officers and servants as are necessary for the efficient performance of sections 74 .....
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