Court : Chennai
Decided on : Feb-13-2002
Reported in : (2002)1MLJ734
..... partition, theplaintiff cannot take possession of the suit property. insupport of the abovesaid submission, the learned counsel hasrelied on sec. 44 of the transfer of property act. he has alsosubmitted that insofar as door no.148 is concerned, the appellantwas the tenant with respect to the said property and so he can beevicted only ..... the apexcourt, in the decision in manikayala rao v. narasimhaswami, , has held as follows:-'18.before dealing with the question as to which article of thelimitation act applies to the present case it is necessary toexamine the legal position of persons like sivayya who purchase shares of some of the coparceners of the hindu joint family ..... possession of their respective sharesin the premises in question.'19.though the learned counsel appearing for the appellant hasrelied on sec. 44 of the transfer of property act to sustain hispossession, i am not dealing with the same in view of the abovesaid findings.20.with respect to the shop bearing door no.151, .....
Tag this Judgment!Court : Chennai
Decided on : Oct-01-2002
Reported in : (2002)3MLJ761
..... that thisease has to be treated as an authority for the position that when a femalemember who inherits an interest in the joint family property under section 6 ofthe act files a suit for partition expressing her willingness to go out of thefamily she would be entitled to get both the interest she has inherited and theshare which would ..... court also found that the suitproperties are the joint family properties, the lower appellate courtreversed the judgment of the trial court holding that the settlement deedex.a1 was not acted upon by accepting the gift deed and the 1st defendanthas no right to gift the properties even to her daughter, the plaintiff. 10. i am not able to ..... to the plaintiff, the 1stdefendant is entitled to 2/3rd share in the suit properties. it is the specific case of the plaintiff that the said settlement deed was acted upon.7. the respondents have come forward with the specific plea that the 1st defendant had no right to execute the said document, and as a matter of fact, .....
Tag this Judgment!Court : Chennai
Decided on : Sep-17-2002
Reported in : AIR2003Mad59; 2003(85)ECC153; (2002)3MLJ587
..... under any debt relief legislation. though elaborate argument has been advanced by the learned additional solicitor general by sighting decisions arise under wealth tax act and income-tax act, as rightly contended by the learned senior counsel for the applicant, the definitions contained in another enactment which is not a cognate enactment ..... 7. mr. b. kumar, learned senior counsel for the applicant, after taking me through the order of the special director, enforcement directorate (foreign exchange regulation act), the order of the foreign exchange regulation appellate board, the pendency of appeal (c.m.a.no. 914 of 2000) before the division bench of this ..... comprehensive code by its scope and constitutes a special law prescribing a special form of procedure for imposition of penalty for committing an offence under the act. elaborate produce has been provided for recovery of the penalty. therefore, the different mode of recovery provided under the fera would completely and totally exclude .....
Tag this Judgment!Court : Chennai
Decided on : Sep-06-2002
Reported in : (2002)3MLJ513
..... contained in the tamil nadu backward classes, sc and st (reservations of seats in educational institutions and of appointments of posts in services under the state) act, 1993, (t.n. act 45 of 1994).34. it is also stated that the respondents have not issued applications state-wide and through regional law college simultaneously. in the counter filed ..... less than two academic years commencing the academic year 1967-1968 or any earlier academic year from any university in india which is recognised for the purposes of this act by the bar council of india.27. under part-ii, chapter-111 of the bar council of india rules, the council is empowered to form legal education ..... private trust.12. the issue raised has to be tested on the basis of the rights provided under the constitution and with reference to the relevant provisions of advocates act, 1961 and the bar council of india rules. though under part iii of the constitution 'right to education' as such has not been guaranteed as a fundamental .....
Tag this Judgment!Court : Chennai
Decided on : Apr-05-2002
Reported in : AIR2002Mad417
..... misrepresenting the facts and by hiding and not disclosing the earlier proceedings, has somehow or other managed to obtain the probate of the will. it is a blatant act of forgery and against the rules as laid down for obtaining probate. revocation and annulment are asked for for a just cause. the respondent having obtained the grant ..... the magistrate there were nearly fifty hearings and the death of santha bai was never mentioned. the applicants told the respondent that sarojini ammal took santha bal to her native place at suruttapalli village and assuming that she was in a safe place, the respondent kept quiet. the applicants never informed the respondent about santha ..... bal's whereabouts. there was no abuse of process by the respondent for obtaining the probate.the allegations about the first applicant feeling giddy and all the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-28-2002
Reported in : (2003)ILLJ189Mad; (2002)2MLJ271
..... same is framed for sustenance of various steel plants under sail including salem steel plant. the respondents have not violated section 9-a of the industrial disputes act as claimed. further, since sail taking in to consideration of various factors, has taken a policy decision and framed the impugned scheme for all its steel plants ..... 8-2001 between the management and the workmen and is therefore a protected condition of service under section 9-a read with iv schedule to the industrial disputes act. on the other hand, learned senior counsel for the respondents has raised the following conditions:-(i) by the present scheme, the conditions of service of ..... cannot vary the same before 31-12-2006 and even after that they cannot vary without following the procedure prescribed by section 9-a of the industrial disputes act. under these circumstances, the petitioners on behalf of the workers of salem steel plant having left with no other alternative effective remedy filed the present writ petition .....
Tag this Judgment!Court : Chennai
Decided on : Jul-08-2002
Reported in : AIR2002Mad487
..... well settled that the conscience of the court must be satisfied that the will in question was not only executed and attested in the manner required under the indian succession act, 1925, but it should also be found that the said will was the product of the free volition of the executant who had voluntarily executed the same after knowing and ..... and similarly the gold ornaments of the mother-in-law were distributed among them, and thus, the family arrangement entered into between all the members of the family was actually acted upon, and hence, in view of the will executed by kutumba sastri on 28-2-1992 and the family arrangement entered into by all the parties on 3-6-1993 .....
Tag this Judgment!Court : Chennai
Decided on : Oct-25-2002
Reported in : [2003]41SCL493(Mad)
..... petitioner is a creditor and the liability of the respondent to the petitioner is admitted and hence, there is a debt within the meaning of section 433(c) of the act. i also hold that the petitioner has established that it is an unpaid creditor and the admission of liability by the respondent clearly shows that there is a debt due ..... no. 36, wallajah road, chennai. even assuming that the respondent has already changed its registered office to the new address with effect from 1-5-1997, when the petitioner has acted on the basis of the letter issued by the respondent immediately before the dispatch of the statutory notice, i hold that it is not open to the respondent to contend ..... is stated that no reply was sent by nepc india limited and skyline nepc limited and the petitioner issued a notice to nepc india limited under section 433 of the act calling upon the respondent-company to pay the debts due to the petitioner within 21 days from the date of receipt of the notice. it is stated that nepc .....
Tag this Judgment!Court : Chennai
Decided on : Mar-08-2002
Reported in : (2002)2MLJ65
..... in these cases. in order to appreciate the rival contentions, it is useful to refer certain provisions relied on by both sides. sec.2. definitions.- in this act, unless the context otherwise requires,(a) 'construction' means all works associated with the construction, reconstruction, demolition, repair or renovation of a building, structure or any other ..... therewith or incidental thereto. during december, 1996, the performance of the petitioner broking company was not good or to the expected level, when they were acted as a broker for tiger hill tea factory of their corporation. therefore, the appointment of the petitioner as a broker for selling tiger hill teas was ..... 4 to 6 have been appointed and the existing brokers have been removed without following the procedure laid down in the tamil nadu transparency in tenders act, 1998. the impugned order is unfair, arbitrary and contrary to the principles of natural justice as the second respondent has neither given the petitioner notice .....
Tag this Judgment!Court : Chennai
Decided on : Mar-11-2002
Reported in : (2002)2MLJ26
..... 1988 is barred by limitation, as the suit was not filed within 3 years from the date of the agreement, as stipulated under article 54 of the indian limitation act. according to the respondents, the suit was not barred by limitation, as the respondents were prevented from effecting the sale during the period from 10.1.1975, ..... transaction.(8) because of the welter of confusion caused in a multitude of conflicting decisions the legislature stepped in and amended section 58(c) of the transfer of property act. unfortunately that brought in its train a further conflict of authority. but this much is now clear. if the sale and agreement to repurchase are embodied in separate ..... or an absolute sale deed with a right to repurchase.10. learned counsel for the appellants relying on section 58(c) of the transfer of property act, hereinafter called 'the act' submitted that the said document has to be construed as a mortgage by conditional sale in view of the condition made under the said document to the .....
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