Court : Chennai
..... sustained from a motor accident, be prosecuted by his/her legal representatives; but (ii) a claim petition presented under section 110-a of the motor vehicles act, 1939, by the person sustaining bodily injuries in a motor accident, claiming compensation for personal injuries as also for compensation towards expenses, loss of income, ..... . (iii) explaining the maxim actio personalis moritur-cum-personna and its applicability to the motor accident cases with reference to section 306 of the indian succession act, the gujarat high court in jennabai v. gujarat state road transport corporation [1991 acj 585], at paragraph 10, 16 and 18, held as follows: 10 ..... p.mitra) chief labour commissioner (c). employment of sweeping and cleaning excluding activities prohibited under the employment of manual scavengers and construction of dry latrines (prohibition) act, 1993 in exercise of the powers conferred by central government vide notification no. s.0.1994(e) dated 7th aug., 2008 of the ministry of labour .....
Tag this Judgment!Court : Chennai
..... fall within the ambit of first exception to section 300 of the indian penal code.20. in the instant case, according to the learned senior counsel, the act of the deceased in touching the chest of the girl was the cause for provocation. this argument may be accepted, because the first accused would have been ..... senior counsel for the appellants is concerned, the learned additional public prosecutor would submit that absolutely, there is no other material to hold that the accused had acted out of sustained provocation. he would further submit that the occurrence had taken place driven by the motive and that the accused had caused the injuries on ..... a juvenile and therefore, his case was split up and referred to the juvenile justice board under the provisions of the juvenile justice [care and protection of children]. act, 2000. thus, these three accused, viz., the appellants herein and one mrs.vasanthi faced the trial. they stood charged as detailed below. charge accused penal provisions .....
Tag this Judgment!Court : Chennai
..... of such education in consultation with the universities imparting such education. the university grants commission under section 2(f) of the university grants commission act, 1956 (ugc act), is also having power to exercise control over the universities and affiliated colleges for prescribing standards of education. the bci may prescribe standards of ..... , constituted to reconsider the age restriction of clause 28 of legal education rules, 2008, bar council of india, 21, rouse avenue institutional area, near bal bhavan, new delhi. ... respondents petition filed under article 226 of the constitution of india to issue a writ of certiorari, calling for the records of ..... council, new delhi.4. the secretary, bar council of india, 21, rouse avenue institutional area, near bal bhavan, new delhi.5. the chairman, legal education committee, bar council of india, 21, rouse avenue institutional area, near bal bhavan, new delhi.6. the chairman, bar council of tamil nadu and pondicherry, high court campus, .....
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..... to write the 6th semester examination.64. though on the facts and circumstances, it is a fit case, where costs can be imposed on the institution, for the act of preventing the appellant from attending the theory classes, considering the future of the appellant in pursuing final year course in the same college, and ?.holy cross?. means, ..... of 2015, has been registered on 10.03.2015, under sections 294(b), 506(i) ipc r/w. section 4 of the tamil nadu prevention of woman harassment act, 2002, on the file of sawyerpuram police, thoothukodi. father of the said miss.ruth shaini, has made allegations against four persons. allegations have also been made against a ..... police registered a case against two teachers in crime no.45/15 under sections 294(b), 506(i) ipc and section 4 of tamil nadu prevention of women harassment act, 2002, responsible for the said conduct. parents of the victim, conducted a hunger strike before the tuticorin collectorate. students also joined, objecting to the inaction on the .....
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..... respect, the view expressed by the learned judge, is per incurium, as it is in direct conflict with the statutory provisions contained in section 41 of the indian evidence act, 1872, which reads as follows:-"1. relevancy of certain judgments in probate, etc., jurisdiction.-a final judgment, order or decree of a competent court, in the exercise ..... the contents of the documents referred to. neither of the courts below had held that the first respondent was guilty of adultery. rightly, the courts below declined to act upon this exparte decree of divorce. they had instead, appreciated the evidence adduced before them on this aspeect and the learned sessions judge has given a positive finding, ..... was confronted with a similar situation. that was a case, where a decree for divorce was obtained by mutual consent under section 13(b) of the hindu marriage act, 1955. in the said case, when the wife claimed maintenance, the hon'ble supreme court has held that sub- section 4 of section 125 of the code .....
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..... extent affected by the force majeure. "force majeure" shall mean flood, earthquake, riot, war, storm, tempest, civil commotion, strike, lock-out and any other act or omission beyond the reasonable control of the owner and developer."26. the supreme court in oil and natural gas corporation limited v. saw pipes limited, air2003sc2629 ..... sumerji brother-in-law [sister's husband]., neither the original was produced, nor the shri sumerji was examined. as per section 67 of the evidence act, unless the non-production of original is satisfactorily explained, secondary evidence cannot be looked into. the possibility of manipulation in xerox copy cannot be ruled out ..... s.ramalingam (retired) sole arbitrator, no.9, madha church road mandavelipakkam, chennai 600 028. .. respondents petition filed under section 34 of the arbitration and conciliation act, 1996. for petitioner : mrs.malini ganesh for respondents 1 & 2 : mr.t.v.ramanujun senior counsel for mr.y.n.venkatraj order this original petition is .....
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..... that the respondent had rebutted the statutory presumption under section 139 of the act and aggrieved by the order of acquittal, the private complainant preferred an appeal to the high court of judicature at bombay, which also dismissed the appeal ..... issued and the respondent/accused did not comply with the terms of such notice and, therefore, complaint under section 138 r/w 142 of the negotiable instruments act, 1881, came to be filed. the trial court has acquitted the respondent holding that the appellant/private complainant failed to prove the liability and also holding ..... accused and, therefore, it is not a legally enforceable debt and having found that the private complainant failed to prove the ingredients of section 138 of the act, by giving benefit of doubt in favour of the accused, dismissed the complaint and, thereby, acquitting the accused. aggrieved by the same, the private complainant .....
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..... the original documents before the court and what happened to the original. so, the prosecution has failed to satisfy the condition imposed in section 65 of the indian evidence act before letting secondary evidence. in such circumstances, exs.p.1 to p.4 are not admissible in evidence. so, those documents are liable to be rejected. ex ..... sree v. u.srivas reported in 2013 (2) scc114 wherein that judgment has been confirmed.11. it is also useful to refer to section 65 of the indian evidence act, 1872, which reads thus:"5. cases in which secondary evidence relating to documents may be given. - secondary evidence may be given of the existence, condition or contents ..... large number of limitations.10. it is appropriate to incorporate paragraph 12 of the said decision, which reads thus:"2. the provisions of section 65 of the 1872 act provide for permitting the parties to adduce secondary evidence. however, such a course is subject to a large number of limitations. in a case where the original documents .....
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..... i) in (2000) 8 scc382[state of west bengal vs. mir mohammed omar and others]., the hon'ble apex court has held that ?.under section 106 of the indian evidence act, 1872, inference can be drawn against a person who is having knowledge about particular case.?. (ii) in 2013 8 scc60[babu @ balasubramanian and another v. state of tamilnadu]. it ..... tacitly consented.25. as noted down in many places that if a fact is especially within the knowledge of a particular person, as per section 106 of the indian evidence act, 1872, entire burden lies upon him. otherwise, inference can be drawn. in the instant case, replete evidence is available so as to come to a conclusion that ..... at all been cross examined to the vital aspect of evidence adduced by them and their uncontroverted evidence would be sufficient to invoke section 106 of the indian evidence act, 1872 and since the accused has failed to explain as to how death has occurred to her husband, inference can be drawn to the effect that she murdered .....
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..... .2009 passed by the 1st respondent under section 3(1)(i) and (ii) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (cofeposa act) (central act 52 of 1974).3. the circumstances under which the orders of detention dated 09.03.2009 came to be passed by the 1st respondent are as ..... available before him and inferred that ketamine hydrochloride can be exported by obtaining no objection certificate since the document relied upon says only 'ketamine'. therefore, the said act of the detaining authority shows his non-application of mind while passing the impugned orders. (f) by inviting the attention to the grounds of detention, the ..... and inferred that ketamine hydrochloride can be exported by obtaining no objection certificate , when the document relied upon by him says only ketamine. therefore, the said act of the detaining authority shows his non-application of mind in passing the impugned orders.16. with regard to the submission relating to the packages, as .....
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