Court : Chennai
..... rights and remedies, it will be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly.11.further, when the respondents came forward with the specific case that they were not in station during the relevant period, it is for them, to ..... practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case. the words 'sufficient cause' in section 5 of the limitation act should receive a liberal construction so as to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bonafides, deliberate inaction or negligence ..... which need to be kept in mind while dealing with applications filed under the provisions of order 22 cpc along with an application under section 5 of the limitation act for condonation of delay in filing the application for bringing the legal representatives on record. in scc para 13 of the judgment, the court held as under :(scc .....
Tag this Judgment!Court : Chennai
..... prohibits confession to police. the law does not prohibits confession to non - police persons/ private persons. this has been recognized under section 24 of the indian evidence act. in fact confession is the best form of evidence, because it emanates from the very author/accused. it becomes reliable because, it is made by the maker/accused ..... accused had approached him for fear of police harassment. he sought his help and through him he had surrendered to police.39. section 24 of the indian evidence act, 1872 prohibits obtaining of confession from a person implicating himself in a crime under threat, coercion, undue influence or out of any inducement or promise of help. ..... as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability that the act must have been done by the accused.16. to make the accused responsible for the untimely death of the children, prosecution relies on the following circumstances:(i .....
Tag this Judgment!Court : Chennai
..... agreed upon at the time of deposit, interest being received either periodically or at maturity. hence, a depositor who seeks payment before maturity is not acting as per the contract. subject to observance of rules and procedure governing repayment of term deposits before maturity, managers are authorised to permit such withdrawals of ..... negligent manner. the respondent is a public sector nationalised bank performing public duties and they should function fairly whereas the way in which the officials acted fraudulently and unlawfully would definitely erode the image of the bank and demolish the confidence of the public in the banking system, which is not ..... necessity for the petitioner to wait for conclusion of cbi investigation.28. the officials of the respondent bank should have exhibited skill prudence, responsibility while acting upon the alleged authorisation letters produced by lawrence said to have been given by the petitioner. as the authorisation letter does not contain the name of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
..... mumbai in computing depreciation and it had not offered any interest accrued on securities for taxation. therefore, the assessing officer issued reopening notice under section 148 of the "act". in response to reopening notice, the assessee chose to file another 'return'. this time, it disclosed income of `.116,88,68,080/-. the assessing officer, ..... . in the instant case, the undisputable facts on record establish beyond doubt that the reasons recorded for initiation of proceedings under section 147/148 of the act were never furnished to the assessee by the assessing officer before completion of the assessment proceedings on 29/12/2008, 33 months after the request was made ..... cited by the revenue. in principle, the revenue is not even disputing that the assessee is entitled for writing off debts under relevant provisions of the "act". its submission is for the purpose of verification so as to avoid double deduction, the assessing officer be directed to reverify assessee's claim in view of .....
Tag this Judgment!Court : Chennai
..... one karal marx, as director and removal of the 1st petitioner. it is also admitted that the defaco complainant has initiated the proceedings under the mental health act. in any event, the allegations are to the effect that on the particular day, there was an incident and the complaint has been given immediately and the ..... her father were directors. he further pointed out that in the same year, the defaco complainant filed an application before the district court, tuticorin under mental health act describing him as mentally ill person and when these proceedings were pending, the defacto complainant has come up with the present allegation only to wreck vengeance against the ..... and taken up for hearing. mr.ajmal khan, the learned senior counsel would submit that the provisions under section 498-a and section 4 of dowry prohibition act has been grossly abused in the present proceedings. the learned counsel pointed out that there were disputes between the company law board in 2002, where the 1st .....
Tag this Judgment!Court : Chennai
..... statutory obligation contemplated by section 10(1)(a) is established. the high court apparently fell in error in treating the ".blameworthy conduct". under the act as equivalent to the commission of a ".criminal offence,"., overlooking the position that the ".blameworthy conduct". in the adjudicator proceedings is established by proof only ..... entity which term covers banking, country financial institutions, intermediary and individual carrying on designated business or profession to maintain record of transactions prescribed under the act. the aforementioned measures are preventive in character with a view to get hold of the 'proceeds of crime' etc. 51.money laundering is global ..... the required documents mentioned in the schedule, the enquiry relates only to the petitioner in respect of his involvement in some transaction under the fera act. if the investigation relates to any other person, then the authorities would have mentioned the documents relating to the concerned third parties or the .....
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 Madurai
..... whether a decision falls in the said category. by "procedural impropriety", he means not only failure to observe the basic rules of natural justice or failure to act with procedural fairness, but also failure to observe procedural rules that are expressly laid down in the legislative instrument by which the tribunal's jurisdiction is conferred ..... not persuade us, for the reason that such drastic measure has been taken by the central government to curtail the black money, corruption and various other evil acts of unscrupulous anti-social and anti-national elements. if any prior notice is so issued about the proposal to demonetize, in our considered view, that would defeat ..... transactions using the specified bank notes; now, therefore, in exercise of the powers conferred by sub-section (2) of section 26 of the reserve bank of india act, 1934 (2 of 1934), the central government hereby declares that the specified bank notes shall not be ceased to be legal tender, with effect from the 9th .....
Tag this Judgment!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
..... 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: .....
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