Court : Chennai
..... the manufacture of taxable goods. (v) sale in the course of inter-state trade or commerce falling under sub-section (1) of section 8 of the central sales tax act, 1956. central act 74 of 1956. (vi) agency transactions by the principal within the state in the manner as may be prescribed (3) (a) every registered dealer, in respect of purchases ..... the manufacture of other goods and sold in the course of inter-state trade or commerce falling under sub-section (2) of section 8 of the central sales tax act, 1956. central act 74 of 1956. (6) no input tax credit shall be allowed on purchase of capital goods, which are used exclusively in the manufacture of goods exempted under ..... have been issued for cross verification of the seller/purchaser returns, after the insertion of section 9(2)(g) with effect from 01.04.2010. 36. in gheru lal bal chand vs. state of haryana reported in [2011] 45 vst 195, (pandh) the hon'ble division bench of the punjab and haryana held that while genuineness of a certificate .....
Tag this Judgment!Court : Chennai
..... litigating party detrimental to the interest of the other litigating party. the true scope of section 52 of the transfer of property act, 1882 is not to prevent the vesting of title on a transferee in a sale pendente lite but, only makes it subject to the right of the other ..... be statutory under s. 11, civil procedure code or constructive as a matter of public policy on which the entire doctrine rests. 17. section 52 of the transfer of property act, 1882 refers transfer of property pending suit. this section is the emancipation of the doctrine of lis pendens. this section restricts transfer of immovable property by one of the ..... in the documents exhibited as evidence and the pleadings in the earlier suit reveals that the suit property was dealt as the personal property of the first defendant and acted upon. after discussion on the law and the facts, the courts below has held that the suits which were pending during the impugned transactions do not hit .....
Tag this Judgment!Court : Chennai
..... looked into these pivotal aspects which had resulted in an erroneous judgment being passed against the appellant. 14. the learned counsel for the appellant submits that the mere act of the appellant/accused in talking to the deceased muniammal which later ended in muniammal committed suicide by hanging would not attract section 306 i.p.c. in ..... supreme court observed as under: "abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. the intention of the legislature and the ratio of the cases ..... deceased into such a position that he/she committed suicide." 37. sometimes, the decision to commit suicide might be taken by the victim himself/herself, unaccompanied by any act or instigation etc. on the part of the accused. a person may die like a coward. on his failure in the examination, a student may commit suicide. .....
Tag this Judgment!Court : Chennai
..... tamil nadu prevention of dangerous activities of bootleggers, cyber law offenders, drug offenders, forest offenders, goondas, immoral traffic offenders, sand offenders, sexual offenders, slum grabbers and video pirates act, 1982 (tamil nadu act 14/1982), branding him as a goonda , in the central prison, puzhal, chennai and to quash the same and to direct the respondents to produce the body and person .....
Tag this Judgment!Court : Chennai
..... presumption of law about the fact whether the person is alive or dead. for the said presumption the pre-requsits are laid in section 107 and 108 of indian evidence act which reads as follows :- 107. burden of proving death of person known to have alive within thirty years. - when the question is whether a man is alive or dead, ..... court in life insurance corporation vs anuradha case reported in 2004 (2) ctc 552 has held at paragraphs 12 and 14 as under: 12. neither section 108 of evidence act nor logic, reason or sense permit a presumption or assumption being drawn or made that the person not heard of for seven years was dead on the date of his ..... was filed and ordered by the trial court? b) whether findings of the court below are correct in law for not drawing the legal inference under section 108 of evidence act? 3. the learned counsel for the appellant submitted that the first appellate court has failed to peruse the records properly before holding that the plaintiff has failed to issue .....
Tag this Judgment!Court : Chennai
..... . 7. upon notice, fedral bank limited, kerala, 1st respondent in its counter affidavit, has contended that the bank initiated proceedings under recovery of debts due to banks and financial institutions act, 1993 vide o.a.no.1305 of 2000, in which, the petitioner, mr.k.k.v.seetharaman, his brother mr.k.v.k.haranath, petitioner's mother mrs.k.jhansi .....
Tag this Judgment!Court : Chennai
..... litigation cannot be allowed to be kept alive for a long time. 13. though the above observations are made in the proceedings under section 5 of the limitation act, those principles are applicable while considering the delay in representation of the papers. the delay of 477 days appears to be due to deliberate in action on the ..... kmar verma the respondents produced a false and fabricated certificate to defeat the claim of the respondent for transfer of a case. this action was found to be an act amounting to interference with the administration of justice. brother hansaria, j. speaking for the bench observed: (scc pp.423-24, paras 1 and 2) the stream of ..... false affidavit in court constitutes contempt. the hon ble supreme court has passed the orders as follows: 38. section 2(c) of the contempt of courts act, 1971 (for short the act) defines criminal contempt as the publication (whether by words, spoken or written or by signs or visible representation or otherwise) of any matter or the doing .....
Tag this Judgment!Court : Chennai
..... right and by taking law into their hands. the defendants 3 and 4, without maintaining the ayacut register properly, colluding with the plaintiff villagers and acting detrimental to the interest of kalanjimedu villagers. 7. the third defendant, in its written statement, while denying the averments found in the plaint, has averred ..... is sought against the government action on improving the irrigation tank. 15. for better understanding sections 3 and 4 of the tamilnadu irrigation tanks (improvement) act 1949 are extracted below: section 3- power to take measures for increasing the capacity or efficiency of irrigation tanks:- (1) notwithstanding anything contained in any ..... connection with irrigation. therefore, the suit as framed does not fall under the scope and ambit of section 4 of the tamilnadu irrigation tanks (improvements) act 1949. 18. declaration of irrigation right: the relief sought in the suit is to declare and protect the alleged customary right, which the plaintiffs village .....
Tag this Judgment!Court : Chennai
..... of both, a recovery certificate could be corrected by the presiding officer. 37. in section 26 of recovery of debts due to banks and financial institutions act, 1993, legislature, has consciously used the words withdrawing or cancelling. though under what circumstances, a recovery certificate could be withdrawn, is not specifically mentioned in ..... certificate or correct any clerical or arithmetical mistake in the certificate by sending intimation to the recovery officer. there are three instances in section 26(2) of the act, where the presiding officer can exercise his jurisdiction. he can, (i) withdraw the certificate, (ii) correct any clerical error, and (iii) correct any ..... the recovery officer, the correctness of the amount specified in the certificate. 29. however, as per sub-section (2) of section 26 of the act, notwithstanding the issue of a certificate to the recovery officer, the presiding officer shall have power to withdraw the certificate or correct any clerical or arithmetical .....
Tag this Judgment!Court : Chennai
..... mrs.saraswathi, who are petitioner's mother and sisters respectively, and himself as legal heirs. they succeeded the estate left behind by late subramania gounder as per the hindu succession act. after his father's death, his mother and two sisters decided to release and relinquish all their 3/4th right, title and interest over the property in his favour, for .....
Tag this Judgment!