Court : Chennai
..... 'ble supreme court in jani gulab shaikh v. the state of maharashtra [1970 scc (crl.) 532] wherein, in an identical situation, the hon'ble supreme court has held, that the act of the accused would not fall under any of the limbs of section 299 ipc. in such view of the matter, the appellant is liable to be punished only under ..... of the deceased. 13. having come to the said conclusion, now we have to examine as to "what was the offence that was committed by the accused by the said act". admittedly, there was no enmity between the accused and the deceased. on the previous day, the mother of the accused alone had come to the house of the deceased to ..... cause the death. similarly by mere kicking on the chest or by fisting on the neck, one cannot be attributed with the knowledge that the said act is likely to result in the death of the recipient of the blow. in our view, the act of the accused would not fall under any of the limbs of section 299 ipc. thus, the .....
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..... wherein at paragraph 3, it is observed as follows: 3. the legislature had conferred the power to condone delay by enacting section 5 of the indian limitation act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on 'merits'. the expression sufficient cause employed by the ..... part of the applicant. the reason stated by the petitioner clearly shows her negligence which disentitles her to get any relief under section 5 of the limitation act. the petitioner cannot plead for substantial justice and the liberal approach to be adopted by the court while dealing with section 5 application cannot be employed in ..... the petitioner that her uncle betrayed her would not be a sufficient cause to condone such inordinate delay. for seeking relief under section 5 of the limitation act, the applicant must satisfy the court that she has sufficient cause for not making the application within the prescribed paid. the term sufficient cause implies that the .....
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..... . issue no.2 and additional issue nos.1 and 3 are answered against the plaintiff. ... ... 14(a) sub-section (2) of section 20 of the specific relief act gives discretion to the court not to enforce specific performance in case the contract gives an unfair advantage to the plaintiff over the defendant or it is inequitable. ... ... 30. ..... and mother viz., s.chandra and further requested him not to precipitate the matter further. the plaintiff earnestly believed the representation made by the defendants that they would act as per business ethics and would not deal with the suit property, but would adhere to the terms of the contract as set out in the agreement for ..... not to issue any reply or rejoinder to the said notice or proceed legally. the plaintiff earnestly believed the representation made by the defendants that the defendants would act as per business ethics and would not deal with the suit properties, but would adhere to the terms of the contract as set out in the agreement for .....
Tag this Judgment!Court : Chennai
(Prayer: C.M.A.Nos.1587 and 2050 of 2015 are filed against the award, dated 09.03.2015, made in M.C.O.P.No.75 of 2014, on the file of Motor Accident Claims Tribunal-cum-Additional District Court, Namakkal.) Common Judgment: S. Manikumar, J. 1. Being aggrieved by the quantum of compensation of Rs.21,69,000/-, with interest, at the rate of 7.5% per annum, from the date of claim till realisation, awarded to the parents of the deceased Kandasamy, in M.C.O.P.No.75 of 2014, on the file of Motor Accident Claims Tribunal-cum-Additional District Court, Namakkal, IFFCO-TOKIO General Insurance Company Ltd., Chennai, has filed C.M.A.No.2050 of 2015. Not satisfied with the said quantum of compensation, parents of the deceased have filed C.M.A.No.1587 of 2015. 2. Since in both the appeals, quantum of compensation is the only issue, they are taken up together, and disposed of by a common judgment. 3. According to the claimants, the accident has occurred on 05.07.2013 at 05.00 p.m., on Malayalapatti &...
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..... 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 .....
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..... sustained from a motor accident, be prosecuted by his/her legal representatives; but (ii) a claim petition presented under section 110-a of the motor vehicles act, 1939, by the person sustaining bodily injuries in a motor accident, claiming compensation for personal injuries as also for compensation towards expenses, loss of income, ..... . (iii) explaining the maxim actio personalis moritur-cum-personna and its applicability to the motor accident cases with reference to section 306 of the indian succession act, the gujarat high court in jennabai v. gujarat state road transport corporation [1991 acj 585], at paragraph 10, 16 and 18, held as follows: 10 ..... p.mitra) chief labour commissioner (c). employment of sweeping and cleaning excluding activities prohibited under the employment of manual scavengers and construction of dry latrines (prohibition) act, 1993 in exercise of the powers conferred by central government vide notification no. s.0.1994(e) dated 7th aug., 2008 of the ministry of labour .....
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..... fall within the ambit of first exception to section 300 of the indian penal code.20. in the instant case, according to the learned senior counsel, the act of the deceased in touching the chest of the girl was the cause for provocation. this argument may be accepted, because the first accused would have been ..... senior counsel for the appellants is concerned, the learned additional public prosecutor would submit that absolutely, there is no other material to hold that the accused had acted out of sustained provocation. he would further submit that the occurrence had taken place driven by the motive and that the accused had caused the injuries on ..... a juvenile and therefore, his case was split up and referred to the juvenile justice board under the provisions of the juvenile justice [care and protection of children]. act, 2000. thus, these three accused, viz., the appellants herein and one mrs.vasanthi faced the trial. they stood charged as detailed below. charge accused penal provisions .....
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..... of such education in consultation with the universities imparting such education. the university grants commission under section 2(f) of the university grants commission act, 1956 (ugc act), is also having power to exercise control over the universities and affiliated colleges for prescribing standards of education. the bci may prescribe standards of ..... , constituted to reconsider the age restriction of clause 28 of legal education rules, 2008, bar council of india, 21, rouse avenue institutional area, near bal bhavan, new delhi. ... respondents petition filed under article 226 of the constitution of india to issue a writ of certiorari, calling for the records of ..... council, new delhi.4. the secretary, bar council of india, 21, rouse avenue institutional area, near bal bhavan, new delhi.5. the chairman, legal education committee, bar council of india, 21, rouse avenue institutional area, near bal bhavan, new delhi.6. the chairman, bar council of tamil nadu and pondicherry, high court campus, .....
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..... to write the 6th semester examination.64. though on the facts and circumstances, it is a fit case, where costs can be imposed on the institution, for the act of preventing the appellant from attending the theory classes, considering the future of the appellant in pursuing final year course in the same college, and ?.holy cross?. means, ..... of 2015, has been registered on 10.03.2015, under sections 294(b), 506(i) ipc r/w. section 4 of the tamil nadu prevention of woman harassment act, 2002, on the file of sawyerpuram police, thoothukodi. father of the said miss.ruth shaini, has made allegations against four persons. allegations have also been made against a ..... police registered a case against two teachers in crime no.45/15 under sections 294(b), 506(i) ipc and section 4 of tamil nadu prevention of women harassment act, 2002, responsible for the said conduct. parents of the victim, conducted a hunger strike before the tuticorin collectorate. students also joined, objecting to the inaction on the .....
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..... that the respondent had rebutted the statutory presumption under section 139 of the act and aggrieved by the order of acquittal, the private complainant preferred an appeal to the high court of judicature at bombay, which also dismissed the appeal ..... issued and the respondent/accused did not comply with the terms of such notice and, therefore, complaint under section 138 r/w 142 of the negotiable instruments act, 1881, came to be filed. the trial court has acquitted the respondent holding that the appellant/private complainant failed to prove the liability and also holding ..... accused and, therefore, it is not a legally enforceable debt and having found that the private complainant failed to prove the ingredients of section 138 of the act, by giving benefit of doubt in favour of the accused, dismissed the complaint and, thereby, acquitting the accused. aggrieved by the same, the private complainant .....
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