Court : Chennai
..... fact to come to the conclusion that the arbitrator had acted contrary to the bargain between the parties. ... 29. it was submitted by the respondent that this hon ble court very succinctly summarised the legal principles for setting ..... not to find out whether these claims were within the disputes referable to the arbitrator, but to find out whether in arriving at the decision, the arbitrator had acted correctly or incorrectly. this, in our opinion, the court had no jurisdiction to do, namely, substitution of its own evaluation of the conclusion of law or ..... either side, dismissed the original petition. against the said order, chennai port trust has come forward with this appeal under section 37 of the arbitration and conciliation act, 1996. 4. the learned senior counsel appearing for the appellant contends that the tribunal ought not to have made chennai port trust as claimant, when cctpl was .....
Tag this Judgment!Court : Chennai
..... , held that the power of the high court under constitution of india is always in addition to the power of revision given under section 103 of the kerala land reforms act. similarly, the power conferred upon article 226/227 of the constitution of india is in addition to section 24 of the code of civil procedure. in union of india and ..... rare case. when an extraordinary or a rare case comes up before this court, the case has to be addressed by an unconventional order travelling beyond the provisions of the act, as held by the hon'ble supreme court in pratipal singh v. state of punjab reported in 2012 (1) scc 2010. paragraph 50 of the judgment is extracted as follows ..... to marry her. at this juncture, it would not be out of place to point out that any advantage obtained by practice of fraud, vitiates the entire transaction or any act, as held by the hon'ble supreme court, in various judgments, including the judgment rendered in a.v. papayya sastry v. govt. of a.p., reported in 2007 4 scc .....
Tag this Judgment!Court : Chennai
..... padmavathy and another vs. n.narayanan] wherein this court held that even assuming that the petitioner is entitled to claim benefits of section 53-a of the transfer of property act, the agreement should specifically and expressly state the waiver of rent. (iv) (2005) 8 supreme court cases 252 [sait nagjee purushotham and co. ltd., vs. vimalabai ..... petition nor he led any evidence to show that his need is bonafide. in the absence of such evidence, the rent controller and the first appellate authority acted contrary to law in allowing the petition of the landlord by directing the eviction of the tenants. in such circumstances, the high court was fully justified in ..... the bona fide requirement of the previous landlord who was the plaintiff under section 10(iii)(c) of the andhra pradesh buildings (lease, rent and eviction) control act, 1960 could not survive after the plaintiff had transferred his right, title and interest in the demised premises by executing a registered sale deed dated may 11, .....
Tag this Judgment!Court : Chennai
..... heirs with respect to whom no such concept could be applied or contemplated. it may be mentioned that heirs in class i of schedule under section 8 of the act included widow, mother, daughter of predeceased son etc." 14. the learned counsel appearing for the first respondent/plaintiff has relied upon the following decisions: (i) in ..... section 6 proviso, such property would devolve only by intestacy and not survivorship. (vi) on a conjoint reading of sections 4, 8 and 19 of the act, after joint family property has been distributed in accordance with section 8 on principles of intestacy, the joint family property ceases to be joint family property in the ..... mitakshara school, prior to the amendment of 2005, could therefore be summarized as follows:- (i) when a male hindu dies after the commencement of the hindu succession act, 1956, having at the time of his death an interest in mitakshara coparcenary property, his interest in the property will devolve by survivorship upon the surviving members .....
Tag this Judgment!Court : Chennai
..... official gazette and therefore, provisional release can be ordered, we are inclined to accept the said contention, as prohibition/restriction, is inbuilt in the customs act, 1962. while considering the objections, on the notification and other provisions, relied on and pressed into service, we cannot reject the objections of the revenue ..... the authorities seized the same. adjudicatory proceedings ended in confiscation. contention of the appellant therein, before the high court, was that section 125 of the customs act, 1962, does not provide for confiscation of goods, other than prohibited goods. repelling the said contention and following om prakash bhatia's case (cited supra ..... and sheets and plastic chemicals. a detention order was passed, under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974, with a view to prevent him from abetting the smuggling of goods. consignment of ethyle hexanol (eha) was transported to bonded warehouses, after .....
Tag this Judgment!Court : Chennai
..... reported in 1998 234 itr 0113, the petitioner therein was aggrieved over three orders of assessment and rejection of an application under section 154 of the income tax act, 1961. all orders having been passed by the assistant cit, investigation circle, gurgaon and three appellate orders passed by the commissioner of income tax (appeals), ..... , in sikkim. it had no office or agent outside sikkim. income tax authorities at delhi issued notices alleging non-compliance of section 282 of income tax act, 1961. notices were served at delhi. assessment proceedings were completed. when the same were questioned, one of the contentions of the revenue was that the ..... bhopal branch of state bank of india. the bank issued notice for repayment. questioning the vires of securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, a writ petition was filed, which was dismissed on the ground of lack of jurisdiction. at paragraph 18, the apex court held as follows: .....
Tag this Judgment!Court : Chennai
..... the institute. 21. in the case on hand, this court has already held that reservation for local residents in provided under section 13(m) of the jipmer act. the jipmer institution is located at puducherry and therefore, academic advisory committee, in its meeting held on 02.03.2016, took a decision to adopt the said ..... faulted with. the learned additional solicitor general would also submit that regulation 28 of jipmer regulations, 2008 is to be read down for the reason that jipmer act itself provides for reservation and therefore, the decision of the standing academic committee merely confirms and enforces the said reservation by adopting g.o.ms.no.04 dated ..... and should have also passed the higher secondary examination from the same school. 9. the learned additional solicitor general would further submit that section 13 of the jipmer act, 2008 deals with functions of jipmer and as per sub-section (m), jipmer may reserve at least twenty seats out of every seventy five seats in undergraduate .....
Tag this Judgment!Court : Chennai Madurai
..... saying that he would do away with the life of the defacto complainant. in some cases, though the case under section 307 ipc is registered, neither the intention nor the act complained of could establish the offence under section 307 ipc. the motive for the occurrence, the nature of weapon used, the nature of injury sustained, period of treatment and the ..... sister presented the cheque in the bank and after presenting the same, they were returning home and on coming to know of such presentation, the petitioner, being annoyed by the act, came behind the vehicle of the de-facto complainant and attacked the de-facto complainant and her sister with iron rod and in that process, the petitioner is stated to .....
Tag this Judgment!Court : Chennai
..... departments/ public sector undertakings/ government companies declaring that the non-observance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and the nodal officer in department/ public sector undertakings/ government companies, responsible for the proper strict implementation of reservation for person ..... that right has not yet got crystallized. we are also informed that after the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, has come into existence in 1996, the present recruitment is the second one and there were already 11 district judges (entry level) appointed ..... by the petitioner miserably lack merits and accordingly prayed for dismissal. 20. the learned counsel appearing for the petitioner drawing our attention to the disabilities act, the impugned notification and also the judgment rendered by the hon'ble division bench of this court reported in 2010 (5) ctc 1 (k. .....
Tag this Judgment!Court : Chennai
..... into india from bangladesh, without declaring the same to the customs, which, if proved, are liable to be absolutely confiscated, under section 111 of the customs act. 11. the other ground raised is that considering the nature of offence, allegedly committed by the respondent and the modus operandi adopted to smuggle the gold ..... subject matter of another writ petition. it is the contention of the appellants that the abovesaid quantity of gold is smuggled. 21. section 110a of the customs act, deals with provisional release of goods, documents and things seized pending adjudication and the said section is extracted hereunder: any goods, documents or things seized under ..... on taking a bond from him in the proper form with such security and conditions as the adjudicating authority may require. 22. section 111 of the customs act deals with confiscation of improperty imported goods and the said section is extracted hereunder: the following goods brought from a place outside india shall be liable to .....
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