Court : Chennai
..... of mandamus directing the respondents to take immediate effective measures to pass ".the constitution (one hundred and fourteenth amendment) bill, 2010"., in to an constitutional amendment act and to notify the same in the manner known to law within a time frame to be fixed by this court and consequently, direct the respondents to implement ..... mandamus directing the respondents to take immediate and effective measures to pass ".the constitution (one hundred and fourteenth amendment) bill, 2010"., in to an constitutional amendment act and to notify the same in the manner known to law, within a time frame to be fixed by this court and consequently, direct the respondents to implement ..... of the case and its earlier decisions held that no mandamus can be issued directing the central government to issue notification under section 1(3) of the advocates act, 1961, and however, direction can be issued to the government to consider within a reasonable time.8. in the case on hand, the petitioner prays .....
Tag this Judgment!Court : Chennai
..... therefore above said observation makes it clear that the normal procedure in such cases is, the party aggrieved should only resort to the remedy under guardians and wards act. the division bench, which decided the above said case also makes it clear that the only circumstance in which the court can justifiably deviate from the above said ..... this contention is correct. the learned public prosecutor has drawn my attention to the final words of the exception to section 361, indian penal code, ".unless such act is committed for an immoral or unlawful purpose".. he points out that according to the finding of the learned sessions judge, the first accused had a strong motive ..... respondent no.2, the father, by driving her out of the house; that under proviso to section 6(a) of the hindu minority and guardianship act, 1956 [for short 'the act'), the custody of a minor child, who has not completed the age of five years should ordinarily be with the mother recognising the universally accepted notion .....
Tag this Judgment!Court : Chennai
..... plaintiffs claim that there was no termination and the defendant does not either agree or dispute its correctness. therefore, the benefit of doubt, as held in bal mukund bairwa should go in favour of the workmen on the question of jurisdiction, as the civil court exercises plenary jurisdiction. hence, the second contention of ..... merely to be the terms of the contract of employment, would fall within the purview of the model standing orders under the industrial employment (standing orders) act. the industrial establishments, which do not have certified standing orders of their own, are required statutorily to follow the model standing orders. consequently, the model standing ..... down by statutory regulation or as required by common law or as required by the principles of natural justice, the civil court would have jurisdiction. fortunately, bal mukund bairwa appears to be the last episode in the mega serial presented by rajasthan srtc, starting from krishna kant in 1995. therefore, i can safely .....
Tag this Judgment!Court : Chennai
..... policy provides for absorption of artisan trainees and supervisory trainees from and among the apprentices on satisfactory completion of their apprenticeship training under the apprenticeship act. the respondent management under the old practice, recruited upto 1998 through absorption apprentices trained upto 1993. thereafter, there was recruitment ban from 1998 ..... identical contract of apprenticeship training entered into with the management, in the absence of any clause as contemplated under section 22(2) of the act. the petitioners are also bound by the specific clause in the identical notification to employment exchange and offer letters relating to their selection as ..... the right of employment which inturn based on the contract of apprenticeship, the writ petitions filed before exhausting the remedy available under the apprentices act are hence not maintainable. 10.on facts, the firs.aspect to be considered herein is regarding the procedure for selection of the candidates for .....
Tag this Judgment!Court : Chennai
..... all the pending proceedings for early disposal. as the proceedings under section 22 read with amended act 11/96 is pending finalization, only on completion of such proceedings and on revision of the notification under section 18(1), further action could be ..... officers and 79 revenue divisional officers and 31 additional personal assistant (land) to collector. further, the powers of authorized officer and assigning authority under the act and rules have been delegated to all the sub collectors / revenue divisional officers in the state and the revenue divisional officers are taking speedy action in ..... officer, coimbatore-land tribunal and the appeal is pending disposal before the district revenue officer, coimbatore. following the notification, under section 18(1) of the act, dated 12.02.1986, assignment proceedings were initiated under the tamil nadu land reforms (disposal of surplus land) rules, 1965 and the subject land of .....
Tag this Judgment!Court : Chennai Madurai
..... hon'ble supreme court, in all the above judgments, out of context, the learned counsel for the respondent further submitted that section 15(2) of the hindu succession act, 1956, is not applicable to a case where the female hindu dies intestate leaving her husband who is entitled to inherit her properties along with her children. the submission ..... held as follows: 9. the above section propounds a definite and uniform scheme of succession to the property of a female hindu who dies intestate after the commencement of the act. this section groups the heirs of a female intestate into five categories described as entries (a) to (e) and specified in sub-section (1). two exceptions both ..... , the contention of the learned counsel for the appellant has merits on the conjoint reading of section 15(1), section 15(2) and section 16 of the hindu succession act, 1956. sections 15 and 16 read as follows: 15. general rules of succession in the case of female hindus. (1) the property of a female hindu dying .....
Tag this Judgment!Court : Chennai
..... -section (4) to section 166, even the report submitted to the claims tribunal under sub-section (6) of section 158 can be treated as an application for compensation under the mv act. if required, in appropriate cases, the court may permit amendment to the claim petition." from the above said ratio of the hon'ble apex court, it is clear that the ..... ) and punjab and haryana high court in devki nandan bangur v. state of haryana 1995 acj 1288 (pandh) and observed: "for the reasons discussed above, in our view, under the mv act, there is no restriction that the tribunal/court cannot award compensation amount exceeding the claimed amount. the function of the tribunal/court is to award "just" compensation which is reasonable ..... (prayer: this appeal is filed under section 173 of the motor vehicles act, 1988, against the decree and judgment dated 19.02.2013, made in mcop.no.353 of 2009, on the file of the motor accident claims tribunal, principal district judge, erode.) .....
Tag this Judgment!Court : Chennai
..... , which is stated to be fully unauthorized and, thus, steps have been taken under sections 56 and 57 read with section 85 of the tamil nadu town and country planning act, 1971. the factum of family dispute is also set out in the counter affidavit. the construction is stated to have been made pending the suit without any planning permission from .....
Tag this Judgment!Court : Chennai
..... of the guidelines for certification of films for public exhibition (hereinafter refer to as guidelines ) issued in exercise of powers under section 5b(2) of the act, the central government has directed that sanctioning films for public exhibition, the board shall be guided by the principles stated therein. guideline no.1, deals with ..... sections 10 to 17, which stipulates the pre-requirements before exhibition, the licensing regime etc. 18. in exercise of the powers conferred under section 8 of the act, the cinematograph (certification) rules, 1983, have been framed (hereinafter referred to as the 'rules'). rule 2(ix) defines feature film to mean fictionalised story ..... matters and what the various decisions commencing from k.a.abbas toprof.perumal murugan have stated, it would be necessary to have a brief outlay of the cinematograph act, 1952, the cinematograph (notification) rules, 1983, (rules) and the guidelines for certification of films for public exhibition (guidelines). 16. entry 60 of .....
Tag this Judgment!Court : Chennai
..... tribunal may, on such application, make an order for expeditious disposal of the pending application by the debts recovery tribunal. (7) save as otherwise provided in this act, the debts recovery tribunal shall, as far as may be, dispose of the application in accordance with the provisions of the recovery of debts due to banks and ..... counsel for the parties and perused the material available on record. 16. before adverting to the rival contentions, this court deems it fit to extract few provisions from sarfaesi act, 2002. " 17. right to appeal (1) any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 ..... the properties, and to settle the dues to bank, their earnest efforts were not successful. referring to the purpose for which micro, small and medium enterprises development act, 2006, was enacted to protect, and to facilitate the above industries to function and as per the procedure and modality framed by the reserve bank of india the .....
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