Court : Chennai
..... (amendment) ordinance, 2014 (no.3 of 2014) dated 28.5.2014 passed by the 1st respondent substituting section 5(8) of telecom regulatory authority of india act, 1997 pursuant to which mr.nirpendra misra has been designated as the principal secretary to the honourable prime minister.2. mr.nithyaesh natraj, learned counsel appearing for the ..... the central government for the first time under the impugned ordinance to grant prior approval in a given case. when the promulgation of the ordinance is a legislative act, then exercise of the discretion given to central government can be questioned. if the grievance of the petitioner is that the discretion has been wrongly exercised, ..... .wadhwa vs. state of bihar, (1987 scr (1) 798), the supreme court was dealing with re-promulgation of ordinance by governor without getting them replaced by acts. the facts of the present case are totally different. we do not find any substance in the submission made by the learned counsel for the petitioner that the .....
Tag this Judgment!Court : Chennai
..... / a life convict, bearing prisoner no.16808, is concerned, in kottar p.s.cr.no.1151/1994, for the offences under sections 302, 148, 143 and 144 of indian explosive act, he was convicted to death sentence by the learned sessions judge, thirunelveli, on 05.10.1998. further, he was admitted in central prison, palayamkottai on 05.10.1998. the said .....
Tag this Judgment!Court : Chennai Madurai
..... the district magistrate himself. 17. after the above directions of the hon'ble supreme court in upadhyay case, in exercise of the power conferred under section 59 of the prisoner act, 1894, the governor of tamil nadu made amendments to the tamil nadu prison rules, 1983. as per this amendment, the directions issued by the hon'ble supreme court in upadhyay .....
Tag this Judgment!Court : Chennai
..... by our office with reard to the eligibility and recognition of thanjavur sastra university's distance education b.ed. degrees from persons under right to information act 2005. the persons have asked for clarification whether b.ed. (distance mode) issued by sastra is eligible for incentive increments, promotion as graduate teachers ..... 2 (with annex).sub: thanjavur sastra university distance education b.ed., degree appointment/promotion/ incentives recognition acceptance and eligibility as per the right to information act 2005 under which g.o. and information submitted reg. ref: director of elementary education r.c. no.22599/m1/2009, dated 28.10.2009.------with ..... contention of the learned counsel for the petitioners that sastra univesity became a university in april 2001 under sec.3 of the university grants commission act 1961 and therefore is a deemed university functioning within the territory of tamilnadu. the sastra university is also following the syllabus prescribed by the indira .....
Tag this Judgment!Court : Chennai
..... to one bakthavatchalam even before the accident.12. per contra, ms.malar, the learned counsel for the first respondent/claimant contended that under sec.2(30) of motor vehicle act, the 'owner' means a person in whose name a motor vehicle stands registered and under sec.50(1)(a) the transferor is required to report fact of transfer to ..... granted to the driver was only for driving a light motor vehicle. the defence raised by the appellant falls under the purview of sec.149(2) of motor vehicle act. since the rider of the motor cycle had no appropriate licence to ride motor cycle with gear, there was a breach of condition of the contract of insurance policy ..... , the hon'ble supreme court held that since the scooterist was driving totally different class of vehicle, it is in violation of sec.10(2) of the motor vehicle act and therefore, the insurer cannot be held liable to pay compensation. but however, in view of the decision of the hon'ble supreme court in national insurance company ltd., .....
Tag this Judgment!Court : Chennai
..... to discharge the accused. 4. that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents ..... abductors are responsible for the murder of the deceased, when the abductors withhold the material information known to them, in view of sections 106 and 114 of the indian evidence act, 1872. 35. in the instant case, as per the materials available, the deceased was lastly found in the company of andi thevar and others. it is also not in dispute .....
Tag this Judgment!Court : Chennai
..... to condone the delay, if sufficient cause is shown for not availing the remedy within the stipulated time. the expression "sufficient cause" employed in section 5 of the indian limitation act, 1963 and other similar statutes is elastic enough to enable the courts to apply the law in a meaningful manner which sub serves the ends of justice. although, no hard .....
Tag this Judgment!Court : Chennai Madurai
..... , radhakrishnan, pauldurai, oliver, doss @ andhikannan doss and ramesh were convicted for the commission of the offences under sections 302, 302 r/w 149, 148, section 3 of indian explosives substances act, 1908 and sections 326 and 392 r/w 149 of ipc., sentenced to death and various spells of imprisonment. 2. the convicts challenging the legality of the conviction and sentence .....
Tag this Judgment!Court : Chennai
..... deceased not holding the driving licence it cannot be held that the deceased had contributed to the accident. the respondents must establish by evidence that by her act she had contributed to the accident notwithstanding her not holding the driving licence. in this respect mr.k.kalyanasundaram, learned counsel for the appellant relied on ..... negligence would arise only when both parties are found to be negligent.7. the question is, negligence for what? if the complainant must be guilty of an act or omission which materially contributed to the accident and resulted in injury and damage, the concept of contributory negligence would apply."8. in t.o.anthony vs. ..... 'contributory negligence' and 'composite negligence'. the contributory negligence applies solely on the conduct of the injured or the deceased. it means that there has been an act of omission on his part which has materially contributed to the damage. where a person is injured or his death occurs without any negligence on his part but .....
Tag this Judgment!Court : Chennai
..... term 'desertion' read as follows : deserter: one who deserts, one who quits a service without permission.[s.41(1)(f), cr.p.c.] desertion: in general, the act by which a person abandons and forsakes, without justification but a station or condition of public or social life, renouncing its responsibilities and to evading its duties. in krushnakant b ..... has held as follows:it has been held that: "... ... we are of the view that the punishment of dismissal/removal from service can be awarded only for acts of grave nature or as cumulative effect of continued misconduct proving incorrigibility or complete unfitness for police service. merely one incident f absence and that too because of bad ..... appeal no.1608 of 2011 by judgment, dated 26.02.2013, referring the earlier decision, on a similar set of facts, this court (mr.r.k.agrawal, acting chief justice and mr.n.paul vasanthakumar, j) allowed the writ petition in favour of the petitioner who was dismissed from service under rule 3(b) of tamil nadu .....
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