Court : Chennai Madurai
..... the state government only if such resolution or order etc., has not been legally passed or such a resolution is in excess of the powers conferred to the council by the act or execution of such resolution or order is likely to cause danger to human life, health or safety or is likely to lead to a riot or ..... no procedural violation. the resolutions of the municipality are not challenged on the ground that the council had no power or it has acted against any express provisions of the act or any other law. similarly, there is no allegation that the resolutions passed by the council, impugned in the writ petition, are likely to cause danger to human life, health ..... this court relates to shifting of fish market to another area. this being a policy decision of the council, the decision of division bench may well be justified. we also find that the provision of section 36 of district municipalities act, was not even referred to in the said judgment and there is no occasion for considering the scope .....
Tag this Judgment!Court : Chennai Madurai
..... other members nominated by state government. the president, vice president and the executive committee members are elected amongst these ten members, as per the act. 2.3. owing to certain misunderstandings among few members of the council, the petitioner handed over an undated letter, to one of the executive committee member, namely, dr.m.s.ashraf (fifth respondent) stating ..... used the phrase 'president' nor employed the word 'office', instead, has used the word 'seat'. 7.1. section 8 of the act reads as under:- 8. a member of the council shall be deemed to have vacated his seat- (1) on sending his resignation in writing to the president or registrar,.... ' 7.2. this contention of the ..... dated 17.08.2016, is valid. 7. it is the contention of the learned counsel for the petitioner that the language employed under section 8 of the act, pin-pointing only the member of the council, with respect to sending of resignation would be applicable only in respect of resignation sent by the member of the .....
Tag this Judgment!Court : Chennai Madurai
..... that chapter comes into force, be entitled to all the rights of practice conferred on an advocate under section 14 of the indian bar councils act, 1926 (38 of 1926). (3) notwithstanding anything contained in this act, every person who immediately before the 1st day of december, 1961, was an advocate on the roll of any high court under the ..... indian bar councils act, 1926 (38 of 1926), or who has been enrolled as an advocate under this act shall, until chapter iv comes into force, be entitled as of right to practise in the supreme court, subject to the ..... of the bar, but also, because of entry of criminal elements into the profession by taking advantage of loop holes in 50 year old the advocates' act, 1961 and the bar council of india rules regarding admission to law colleges and lack of effective fool proof procedure for enrolling law graduates as advocates. the present pitiable status of .....
Tag this Judgment!Court : Chennai Madurai
..... that in order to overreach the orders of this court passed in two earlier writ petitions and in order to overcome to present writ petition, the municipal council had passed two resolutions during the pendency of this writ petition seeking to regularize the unauthorized construction and (v) that based upon those resolutions, the municipal ..... writ petition for regularizing the unauthorized construction. 17. therefore, it is clear that the respondents have thrown the entire provisions of the town and country planning act into dustbin. the fourth respondent, who was the original promoter of the layout, has made false averments in his affidavit, as though he had nothing to ..... which ought to be available in the office of the municipality, seems to have disappeared. therefore, when an application was filed under the right to information act, the executive officer of the municipality sent a letter dated 10.1.2007, stating that the approved layout sketch was not available and that therefore, a .....
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..... of building plan approval can be done by the competent authorities that too after giving show cause notice to the petitioner as per the tamil nadu district municipalities act 1920. in the present case admittedly no show cause notice was issued by the 2nd respondent municipality to the petitioner. here also the 1st respondent has usurped ..... revision can be exercised when there is no appeal provided. order that could be appealed under section 15 of tamil nadu estate (abolition and conversion into ryotwari) act 1948 could not be revised by invoking suo motu revision power. the above judgment is squarely applicable to the facts of the present case on hand. 11. the ..... 15.07.1997 itself. the construction made now is without any building plan approval and the same is in violation of the provisions of tamil nadu district municipalities act 1920. the petitioner cannot claim any right over the building plan approval granted by the 2nd respondent to the previous owner of the property. the petitioner has .....
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..... , two tenders were received on 25.07.2014 for the project work and that lowest tender of one t.balasubramanian quoted price bit was accepted by the council as per resolution no.143, dated 31.07.2014. moreover, pursuant to the resolution, the third respondent/commissioner, tirunelveli municipal corporation, formed the link road ..... undertakings and for public purpose etc.' in fact, the words 'public purpose' under 'the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013', have been comprehensively defined. 27. on a careful consideration of respective contentions and also this court, taking note of an essential fact that the third ..... they unsustainable in the eye of law. 9. the learned counsel for the petitioner contends that the third respondent should have seen that the land acquisition act, 1984 has been repelled and therefore, the first respondent is bound to comply with the provisions of law. 10. the learned counsel for the petitioner .....
Tag this Judgment!Court : Chennai Madurai
..... from the food analyst and that without jurisdiction and without following the mandatory proceedings contemplated under the rules and regulations, formulated under the food safety and standards act, 2006. 6. as a matter of fact, the fifth respondent/ designated officer, tamil nadu food protection and drugs, administration department, karur district had ..... tamil nadu food protection and drugs, administration department, karur district, had failed to adhere to the ingredients of 'section 38 of the food safety and standards act, 2006'. further, it is represented on behalf of the petitioner that the fifth respondent has no jurisdiction to lock and seal any premises. as a ..... and he may proceed further. however, the fifth respondent had entered into the petitioner company without following section 38(6) of the food safety and standards act, 2006. in short, the fifth respondent had never turned up to rectify his unlawful activity, even after the representations made by the petitioner/company. in .....
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..... thing to be done in a particular manner prescribing the time limit, the petitioners having gone into deep slumber, suddenly cannot claim without complying the provisions of the act. section 19(18) relied on by the petitioner deals with only the trading which is happening within the state / inter-state trade and it cannot be taken ..... unless there is strict compliance with the provisions of the statute, the registered dealer is not entitled to claim input tax credit. apart from section 19 of tnvat act, there is no independent right to claim input tax credit. section 19(11) stipulates time frame for availment of input tax credit the registered dealer must strictly follow ..... to the learned counsel for the petitioner that section 18(3) is only a directory and not mandatory in nature as that of section 19(11) of the act. under such circumstances, this court can always use its discretionary power available under article 226 of the constitution of india. the petitioners in all these writ petitions are .....
Tag this Judgment!Court : Chennai Madurai
..... (g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. 11.the family courts act, 1984 (act 66 vof 1984) was enacted to provide for the establishment of family courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to ..... marriage and family affairs and for matters connected therewith. 12. the statement of objects and reasons set out for the enactment of the above act is that several associations of women, other organisations and individuals have urged, from time to time, that family courts be set up for the settlement of family disputes ..... will definitely create some impact on them or atleast to understand the legal consequences and the implications of their future life. when such being the object of the act and the legislation, the courts should not entertain the matrimonial cases in the regular civil court namely, the sub court and the district court, when the family .....
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..... respondent-university addressed to the correspondent of the petitioner-institution, in which, the correspondent was requested to submit fresh application under new regulations 2014 of the ncte (national council for teacher education (recognition norms and procedure) regulations, 2014) (which came into effect from 01.12.2014), with all necessary enclosures and fee for further process ..... deals with affiliation and approval of colleges, of the statutes of the respondent-university, (in relation to section 20(1)(g of the tamil nadu teachers education university act, 2008) and clause (2) of the said chapter-xiii deals with the procedure to be adopted in granting affiliation, and sub-clause (i) to the said ..... of the ncte, 2009, the duration of the b.ed. course was one year and in exercise of the powers conferred under section 32(2) of the ncte act, 1993, the ncte made the new regulations, 2014, in supersession of the ncte regulations, 2009, and as per the new ncte regulations, 2014, the duration of .....
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