Court : Chennai
..... travelling in the trolley of the tractor will not be third party and insurance company is not liable to indemnify such passengers. 17. section 145(g) of the act defines "third party". it defines that the "third party" includes the government. it would mean that other than the contracting parties to the insurance policy, the expression ..... for agricultural purpose and there was no violation of the policy conditions. since both the injured are third parties, as per section 145(g) of the motor vehicles act, which defines 'third party' as including the government, it would mean that other than the contracting parties to the insurance policy, the expression 'third party' should ..... that when sufficient evidence, both oral and documentary, were produced by the insurance company that at the time of accident, the vehicle was covered with an act policy and not for any other category of persons who were on board of either the tractor or trailer, therefore the insurance company should have been exonerated .....
Tag this Judgment!Court : Chennai
..... of purposive interpretation, the courts cannot rewrite a statute. a purposive interpretation may permit a reading of the provision consistent with the purpose and object of the act, but the courts cannot legislate and enact the provision either creating or taking away substantial rights by stretching or straining a piece of legislation. vide sri ram ..... interpreting the provisions of a statute, the court avoids rejection or addition of words and resort to that only in exceptional circumstances to achieve the purpose of act or give purposeful meaning. it is also a cardinal rule of interpretation that words, phrases and sentences are to be given their natural, plain and clear ..... instant writ petition has been filed. 7. inviting the attention of this court to section 30 of the recovery of debts due to banks and financial institutions act, 1993, mr.r.thiyagarajan, learned counsel for the writ petitioner/third party submitted that when the statute provides for an appeal to the tribunal, against the .....
Tag this Judgment!Court : Chennai
..... the court admitted these documents, the defendants did not question the admissibility of these two exhibits. under such circumstances, sections 36 and 61 of the indian stamp act, 1899 comes into operation. as held by the supreme court in yellapu uma maheswari and another -vs- buddha jagadheeswara rao and others (2015 air scw ..... 1957 and 1971 respectively. while admitting these two documents, the defendants have not objected for admitting these documents. therefore, under section 36 of the indian stamp act, 1899, once a document, which has not been duly stamped, has been admitted in evidence, without any objection, later the admissibility of that document cannot ..... mandatory, but unregistered, it cannot be looked into for any purpose, except for collateral purpose. whereas a document, which is not duly stamped, cannot be acted upon even for collateral purpose, until the same is impounded. 12.in this case, the facts established by the plaintiffs through documentary evidence and oral evidence .....
Tag this Judgment!Court : Chennai
..... of question being asked without reasonable grounds), 151 (indecent and scandalous questions) and section 152 (questions intended to insult or annoy) of the indian evidence act, 1872. disposition: 44. on a careful consideration of respective contentions, this court, bearing in mind the entire conspectus of the attendant facts and circumstances of ..... the applicant/1st respondent submits that the 1st respondent/election petitioner has taken a new stand with reference to 10a of the representation of the people act, 1951 11. the learned senior counsel for the applicant/1st respondent refers to the handbook for candidates of election commission of india, 2009 (reprint ..... register before the district electoral officer, chennai district viz., the commissioner of corporation of chennai, under rule 88 of the rules under representation of people act. 7. the learned senior counsel for the applicant/1st respondent projects an argument that as far as the election expenditure of the election petitioner is .....
Tag this Judgment!Court : Chennai
..... technical, accounts and materials effectively. k) mr.n.b.punniamoorthi/thirteenth respondent was dealing with wide-ranging issues relating to the tamil nadu transparency in tenders act, 1988, the rules framed thereunder and other such connected matters. l) dr.m.rajaram/fourteenth respondent is stated to have held key positions in the ..... for such appointment discernible from the functions of the public service commission enumerated in article 320 of the constitution of india. the commission is expected to act with fairness, besides competence and maturity. 2.8. insofar as the appointments were concerned, the persons so appointed were impleaded as respondents 4 to 14 ..... recruitment, transfer, discipline, pension, etc. 2.6. the office of the member and chairman are protected and sufficiently safeguarded so as to enable them to act fearlessly, i.e., without any fear or favour. thus, what is expected is that these persons should have knowledge and experience in public administration, high degree .....
Tag this Judgment!Court : Chennai Madurai
..... sum of rs.2,00,000/- and a sum of rs.20,000/- for the child labour (rehabilitation welfare fund), these amounts are to recover under the revenue recovery act and the petitioner was directed to pay the amount by way of demand draft in favour of the factories inspector iii circle, sivakasi. this letter was addressed to the ..... 4th respondent sent a proposal dated 09.08.2006 to the 1st respondent and according to that the 3rd respondent has taken steps to recover the amount under revenue recovery act. apart from that he added further that the original suit filed by the petitioner was subsequently withdrawn, so the 3rd respondent has jurisdiction to recover the amount from the ..... pay a sum of rs. 2,00,000/- in the name of the inspector of factories, otherwise her property would be brought for action under the revenue recovery act. the petitioner came to know that the said notice was issued upon her followed by her conviction under the prohibition of child labour (prohibition of regulation .....
Tag this Judgment!Court : Chennai
..... under:- [(f) instruments of agreement relating to construction of building as referred to in clause(i) under article 5 of schedule i to the indian stamp act, 1899 (central act ii of 1899); (g) instruments of agreement relating to sale of immovable property of the value of one hundred rupee and upwards; (h) instruments of ..... of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that ''the contract, though required ..... underlined portion (i.e.,) ''the plaintiff is also entitled for the possession of the suit property from the 2nd defendant''. 74. section 22 of the specific relief act contemplatespower to grant the relief of possession, partition, refund of earnest money etc., sub-section(1) to section 22 reads as under: 22. power to grant relief .....
Tag this Judgment!Court : Chennai Madurai
..... a scheduled employment under him, wages, at a rate not less than the minimum rate of wages fixed in the notification issued under section 5 of the act. the act also laid down an endorsement machinery and mechanism. the third respondent / inspector of labour is expected to take up the cause of the aggrieved workman. 5. ..... reptakos brett vs workmen case in 1991). minimum wages may be reviewed at different intervals however such intervals cannot exceed five years. 9.7. the minimum wages act provides for two methods of fixation / revision of minimum wages. under the committee method, committees and sub-committees are set up by the government to hold inquiries ..... wage rates may be fixed by hour, day, month or any such other larger wage period as may be prescribed. 9.5. under the minimum wages act, both the central and state governments may notify the scheduled employments and fix/revise minimum wage rates for these scheduled employments. the scheduled employments include both the agricultural .....
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
..... reasonable care, the defect remained hidden the owner would not be liable. see - minu b. mehta v. balkrishna ramchandra nayan, air 1977 sc 1248." (v) in seema ganesh uikey v. state of maharashtra and ors. reported in 2007 acj 1090, thebombay high court held as follows: "it is submitted that merely by contending that there was ..... that an ordinary prudent individual would feel justified in treating them as negligible. it is only when this is so that the doer of the act is acting 'recklessly' if, before doing the act, he either fails to give any thought to the possibility of there being any such risk or, having recognized that there was such risk ..... issued to any person or authority including, in appropriate cases, any government. under clause (1) of article 367, unless the context otherwise requires, the general clauses act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of the constitution as it applies for the .....
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