Court : Chennai Madurai
..... of the 1986 act that abridges the power of the state government to issue executive order or administrative instructions with regard to pensionable service of the president and member of the state commission, although the state rules have been framed but such rules are silent on ..... administrative instruction with regard to subject(s) provided in section 16(2) of 1986, where the state rules are silent on any of such subject. there is nothing in section 30(2) or section 31 ..... of delay and latches are not arises in the present writ petition. but the respondents were produced a judgment in (i) accountant general, state of madya pradesh vs- s.k.dubey and another reported in 2012(4) scc 578, the hon'ble supreme court has clearly held that;- the state government has power to issue a executive order or .....
Tag this Judgment!Court : Chennai Madurai
..... :- minutes of the proceedings at each meeting shall be recorded in abook to be kept for that purpose and shall be signed by the chairman or the trustee who presided at such meetings, as the case may be, and all the other trustees present at the meeting. the minutes book shall be kept in the office of the ..... case may be. 14. as per rule 7 'functioning' of the board of trustees rules, 'every meeting of trustees shall be presided over by the chairman and, in his absence, by a trustee chosen by the meeting to preside for the occasion.' 15. rule 9 of the above said rules, speaks as follows:- the executive officer, if any, of ..... a plea that the second respondent/joint commissioner, hindu religous and charitable endowments department, madurai, has no jurisdiction to initiate proceedings u/s 26 of the act, as the temple is listed u/s 46(iii) of the act and since the office of trusteeship is hereditary. in fact, there was an enquiry and the writ petitioners have submitted their explanations/objections .....
Tag this Judgment!Court : Chennai Madurai
..... the first respondent on 14.06.1991. the first respondent promised to return the blank promissory notes, but failed to do so. the first respondent was the president of temple committee in shanthi nagar vinayagar temple and the appellant was a committee member. due to mismanagement of the first respondent, the appellant resigned his post ..... respondents and rejecting the contentions of the appellant. the learned i additional district judge has properly appreciated the provisions of sections 20 and 118 of the negotiable instruments act. there is no error in law in the reasoning and conclusion of the learned i additional district judge. the substantial question of law is answered against the ..... trial court. before coming to the conclusion as to the application of section 20 r/w section 118 of the negotiable instruments act, no wonder, the burden of proof should be applied in a proper manner. (ii) s.ponnusamy vs. k.mani [2015 (3) ctc 418], wherein at paragraph 10, it has been held as follows: 10. .....
Tag this Judgment!Court : Chennai Madurai
..... and government letter (ms) no.104, ad and tw, dated 11.09.1996). 7. thus, as per the revised amended constitution (scheduled castes) orders amendment act, 1990 no.15 of 1990 and the subsequent directions of the state government, in g.o.ms.no.1597 adi dravidar and tribal welfare department dated 27.09 ..... by mentioning their religion name alone as nav buddha, based on the representation of the petitioner dated 03.03.2015 within the time stipulated by this court.) s. manikumar, j. 1. managing trustee of the father of the constitution of india foundation and a practicing lawyer has sought for a writ of mandamus, ..... . 4. the constitution (scheduled castes) orders (amendment) act 1990 has been issued, and thereafter, it underwent several amendments. on 4th june 1990, the president has amended the constitution (scheduled castes) orders as hereunder:- the constitution (scheduled castes) orders (amendment) act.1990 no.15 of 1990 an act further to amend the constitution (scheduled castes) order 1950 .....
Tag this Judgment!Court : Chennai Madurai
..... , the learned counsel also placed reliance upon a judgment reported in 2011 iii clr 662, universal brakes (p) ltd., coimbatore vs. presiding officer and others. 11. this court has paid it's anxious attention to the submissions made by the parties and also perused the materials placed before this court. 12. a perusal of the ..... of employees provident fund as well as gratuity and since no positive response is forthcoming, the appellant had approached the controller of authority under the payment of gratuity act,1920, who allowed the claim of the appellant. on an appeal, the order of the controlling authority was set aside. against the same, w.p.(md ..... roadways limited, madurai and direct the second respondent therein, namely, the regional provident fund commissioner, employee's provident fund organization, madurai to pay back the said amount to the appellant and with a further direction to pay the pension eligible to him from 25.10.1986. both the writ petitions came to be dismissed, by a .....
Tag this Judgment!Court : Chennai Madurai
..... appellant the back wages from the date of termination of his service to the date of his superannuation with continuity of his service and other attendant benefits including pension. 3. the facts of the case:- (i) the appellant was working as conductor in the second respondent transport corporation from 30.06.1975. while the ..... . for exercising discretionary power, the labour court or industrial tribunal must give acceptable reasons. the discretionary power of court as per section 11-a of the act is well settled. 15. this court taking into consideration that the appellant has worked for 26 years as conductor in the second respondent transport corporation and has ..... the appellant, is disproportionate to the charges leveled against him; and (h) the first respondent ought to have exercised it's power under section 11-a of the industrial disputes act [hereinafter referred to as the act ] and modified the order of termination. 6 (i). the learned counsel for the appellant relied on the judgment of .....
Tag this Judgment!Court : Chennai Madurai
..... is right in not considering the non-joinder of necessary party? 4) whether partial partition is permissible? 5) whether the plaintiff is entitled to file the suit u/s 37(2) of act 14 of 1995, when there is no joint possession? 6) whether the 1st appellate court is right in deciding that the plaintiff is entitled to partition? 7) ..... he is in joint possession of the properties, if he wants to pay fixed court fees under section 37(2) of the tamil nadu court fee and suit valuation act. the lower appellate court has categorically found that the appellants' possession cannot be treated as adverse and the question of ouster is also answered against the appellants by the ..... plaintiff in the year 1999. it is specifically alleged by the plaintiff that the said sale deed was executed only for the benefit of the family and that he acted only for himself and on behalf of the other members of the family. when those properties were specifically excluded for the reasons stated in the plaint, it is open .....
Tag this Judgment!Court : Chennai Madurai
..... to grant injunction against the government in a case of this nature is barred under sections 3(c) and 4 of the tamil nadu irrigation tanks (improvement) act, 1949. in ponnusamy's case, this court has also relied upon a division bench judgment of this court in the state of tamil nadu rep.by the district collector, madurai v. v.a.abdul ..... prohibit such exercise of power. in that judgment, this court has referred to sections 3(c) and 4 of the tamil nadu irrigation tanks (improvement) act, 1949 to come to the conclusion that the civil court's jurisdiction to grant injunction against the government is barred, under these sections, and further, the decision of this court in sunda thevar v. the collector .....
Tag this Judgment!Court : Chennai Madurai
..... chettiar, is not correct. a total prohibition to alienate the property is against public policy and void as per sections 10 and 11 of the transfer of property act. the said sections read as follows: 10. condition restraining alienation.- where property is transferred subject to a condition or limitation absolutely restraining the transferee or any ..... the first respondent also relied on the judgment reported in 2001 (2) lw 654 [the commissioner of h.r. and c.e.(a) dept., etc., vs. s.ramasami iyer and others] and submitted that feeding 300 brahmins during the thirukalyanam and car festival in the month of chithirai, will not amount to religious endowment, as ..... ammal dharmam (charities) and others] (ii) 2005 (1) scc 457 [thayarammal (dead) by lr. vs. kanakammal and others] (iii) 2015 (o) supreme (sc) 1075 [k.s.soundararajan and others vs. commissioner of h.r. and c.e. and others] 10. per contra, the learned senior counsel appearing for the first respondent submitted that thoppulan chettiar did .....
Tag this Judgment!Court : Chennai Madurai
..... that he belongs to hindu nair community and cannot exist in his hindu name sridharan nair . 5. the respondent / plaintiff claimed that he is the president of kanyakumari district nair service society and the chairman of velu thambi memorial educational trust. according to him, the society itself was formed by the nair community ..... file the suit and the respondent / plaintiff has no locus standi to maintain the present suit as it is framed. under section 37 of specific relief act, when a person alleges infringement of his right or personal injury, he cannot maintain a suit for permanent injunction. when the plaintiff has no personal interest ..... has held that the appellant / defendant has not proved reconversion to hinduism despite production of several documents filed by the appellant / defendant that the appellant's / defendant's children were recognized as hindus and that the appellant / defendant is professing only hinduism. aggrieved by the judgment and decree of the lower appellate court, .....
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