Court : Chennai
Decided on : Nov-26-2008
Reported in : (2009)2MLJ438
..... this court has dismissed all the writ petitions. those writ petitions arise out of transfers which is incidental to service conditions of employees governed by industrial disputes act which have to be adjudicated by fora created by statute and therefore, first bench of this court has held that those writ petitions are not maintainable.25 ..... contended that payment of pension is a 'public function' amounting to discharge of public duty and therefore, when there is violation of that public duty by arbitrary act of the bank, writ of mandamus can be issued even against the private body. learned senior counsel would further submit that when private body performs such statutory ..... petitions are not maintainable, since writ petition will not lie against the respondent bank which is a public limited company registered under the provisions of companies act which is neither created nor governed by any statute. it was mainly argued that respondent bank being a private sector bank is neither a state nor .....
Tag this Judgment!Court : Chennai
Decided on : Dec-02-2008
Reported in : 2009BusLR478; 2009(1)CTC32; LC2009(2)36
..... v. durai and anr.) a division bench of this court held when there is an alternative efficacious remedy under the provisions of the motor vehicles act by way of filing an appeal under section 89 against the order of the regional transport authority a writ petition is not maintainable. reliance was ..... of the issues, the government undertook broad-based and extensive consultations involving different interest groups on aspects critical to the changes which were necessary in the patents act, 1970. these included country-wide interactive sessions with various interest groups, including scientists, academicians, economists, representatives of various industry sectors (such as pharmaceutical, ..... ten years. from 1995, it became clear that india would adopt a product patent regime by 2005. prior to the patents (amendment) act, 2005 the said act only granted patents for processes but not for products. therefore, the petitioners' contention is that all inventions relating to products that were disclosed .....
Tag this Judgment!Court : Chennai
Decided on : Oct-14-2008
Reported in : 2008BusLR908; 2009(1)CTC227; (2008)8MLJ261
..... the law governing 1. the law regulating it, 1. the law is in it, is in forward contracts is the securities contracts rbi act, 1934(regulation) act, 1952. (regulation) act, 1956. banking reg. act,2. the regulator is the 2. the regulator is sebi. 1949 and forward markets fera, 1973 commission (now fema,1999)2. the ..... question which we propose to examine in this appeal is: whether in view of the provision contained in section 41(b) of the specific relief act, 1963 ('act' for short), the court will have jurisdiction to grant an injunction restraining any person from instituting any proceeding in a court not subordinate to that ..... as 'foreign exchange management (foreign exchange derivative contracts) regulations, 2000', in exercise of the powers conferred under section 47(2)(h) of the foreign exchange management act, 1999. these regulations were issued, with the professed object of 'promoting orderly development and maintenance of foreign exchange market in india', as seen from the preamble .....
Tag this Judgment!Court : Chennai
Decided on : Feb-05-2008
Reported in : AIR2008Mad148; (2008)2MLJ812
..... .p. 4347/2006 before this courtfor a writ of mandamus, to direct theauthorities to follow the provisions ofsection 126 of the electricity act, 2003 inthe enquiry.--------------------------------------------------------------------------------10. from the above particulars gathered from the materials placed on record, this court is able to assess that ..... the electricity department has initiated the proceedings contemplated under the old act, which was ruling the roost at that time, by issuing show-cause notices and the assessments orders immediately after detecting the alleged theft ..... low tensionservice, assessment can bemade for a period of sixmonths.---------------------------------------------------------------------------------17. but from a reading of section 185(2)(a) of the electricity act 2003, all the actions taken or purported to have been done or taken including any rule, notification, inspection, order or notice made .....
Tag this Judgment!Court : Chennai
Decided on : Sep-24-2008
Reported in : (2008)220CTR(Mad)156; [2009]177TAXMAN192(Mad)
..... a common judgment.3. the brief facts are as follows:writ petn. no. 1524 of 2007:the petitioner is a company incorporated under the companies act, 1956, engaged in the business of transmission and distribution including manufacturing relays, circuit breakers, power transformers, distribution transformers and switchgear transmission and distribution business ..... therefore the learned counsel appearing for the petitioner contended that the conditions incorporated in the said notification are ultra vires section 54ec of the act. the said notification is arbitrary and violative of article 14 of the constitution of india creating an invidious distinction between the assessees similarly ..... april, 2007 with the conditions specified in the notification, under the provisions of clause (b) as they stood immediately before the amendment of finance act, 2007. it comes into effect retrospectively from 1st april, 2006. therefore, the learned counsel has vehemently submitted that the present writ petition is .....
Tag this Judgment!Court : Chennai
Decided on : Mar-27-2008
Reported in : (2008)4MLJ546
..... inclusion of measures to control theft in electricity supply code---(1) the electricity supply code as specified by the state commission under section 50 of the act shall also include the following, namely:(i) method of assessment of the electricity charges payable in case of theft of electricity pending adjudication by the appropriate ..... to the respondents to proceed in accordance with law once the provisions as contemplated under the electricity (removal of difficulties) order,2005, are included. since the act as it now stands and since the electricity (removal of difficulties) order, 2005 seems to indicate that when proceedings under section 135 is initiated, recourse cannot ..... the proceedings dated 23.5.2006 it was stated that the alleged violation is an offence under section 135(1)(b) of the electricity act,2003 (in short, 'the act') and in such circumstances, even before the conclusion of the criminal action, the respondents cannot presume any violation and proceed further, that section .....
Tag this Judgment!Court : Chennai
Decided on : Feb-15-2008
Reported in : (2008)IIILLJ941Mad; (2008)3MLJ347
..... order was challenged in the above writ appeal.12. similar argument was advanced that the appeal preferred under section 41(1) of the tamil nadu shops and establishments act, is itself unsustainable in the eye of law and therefore, the order of appellate authority setting aside the order of the regional manager is illegal. in other words ..... control of tamil nadu civil supplies corporation; and that it was excepting section 41 and other provisions. therefore, it was argued that section 41 of the said act would be applicable and based upon that section 41 alone the appeal was preferred by the first respondent. so, it was argued on behalf of the first respondent ..... tamil nadu civil supplies corporation limited, tirunelveli, that was filed to quash the orders of the assistant commissioner of labour, appellate side, under the tamil nadu shops and establishment act, tirunelveli (second respondent), made in tnse a. no. (m) 4/83 in 18/78 dated 31.3.1984.2. that order of the appellate authority was made .....
Tag this Judgment!Court : Chennai
Decided on : Jun-09-2008
Reported in : (2009)ILLJ177Mad; (2008)5MLJ6
..... the woman, order the payment of such benefit or amount within such period as may be specified in the order.8. the second respondent, being the notified inspector under the act, on receipt of the complaints, issued notice to the petitioner and computed a sum of rs. 2880/- payable to tmt. badhrakali and rs. 2071/- payable to tmt. santhammal ..... the appellate authority should be set aside and the matter shall be remitted for disposal on merits. she also submitted that under section 17(3) of the m.b. act, the appellate authority has inherent power to condone the delay and there is no prohibition for doing so.11. mr. m. muthupandian, learned counsel for the third respondent ..... he also submitted that even if it is remitted back, the appellate authority cannot accept the objections raised by the petitioners. he also submitted that the m.b. act does not provide any restriction on the benefit to be received by a woman worker if she delivers more than two times. he also submitted that the policy of .....
Tag this Judgment!Court : Chennai
Decided on : Aug-22-2008
Reported in : [2008(119)FLR582]; (2009)ILLJ251Mad
..... court by its award dated january 2, 1996, after considering the materials on record, has exercised its jurisdiction under section 11(a) of the industrial disputes act, by passing an award directing the management to reinstate the second respondent without back wages, but with the continuity of service, opining that the punishment of dismissal ..... counsel for the appellant also. it is his further contention that as for the power of labour court exercisable under section 11(a) of the industrial disputes act, it is significantly limited and when once the charges have been found to have been established, the labour court has no authority to interfere with quantum of ..... not members of the assembly of the workmen standing at the bpl bus stop. the labour court had discretion under section 11-a of the industrial disputes act to consider the quantum of misconduct and the punishment. in view of the surging circumstances, viz., the workmen were agitating by their; collective bargain for acceptance .....
Tag this Judgment!Court : Chennai
Decided on : Jan-02-2008
Reported in : (2008)1MLJ844
..... learned senior counsel, when the supreme court has clearly held that the tax levied on demand charges is not valid in law, by virtue of the validating act, viz., act 38 of 2007, the definition 'consumption charge' in section 2(7) is substituted including within it, the charge on maximum demand and power factor surcharge ..... the charging section, viz., section 3, instead of the expression 'net charge', 'consumption charge' has been substituted. therefore, as on the date of the amending act, the charging section viz., section 3 imposed charge on consumption charge, which includes the charge on minimum demand and power factor surcharge.20. the supreme court in southern ..... , any such defects of drafting should be ignored out as part of the attempt to sustain the validity/constitutionality of the enactment. after all, an act made by the legislature represents the will of the people and that cannot be lightly interfered with. the unconstitutionality must be plainly and clearly established before an .....
Tag this Judgment!