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
..... tamil nadu prevention of dangerous activities of bootleggers, cyber law offenders, drug offenders, forest offenders, goondas, immoral traffic offenders, sand offenders, sexual offenders, slum grabbers and video pirates act, 1982 (tamil nadu act 14/1982), branding him as a goonda , in the central prison, puzhal, chennai and to quash the same and to direct the respondents to produce the body and person .....
Tag this Judgment!Court : Chennai
..... presumption of law about the fact whether the person is alive or dead. for the said presumption the pre-requsits are laid in section 107 and 108 of indian evidence act which reads as follows :- 107. burden of proving death of person known to have alive within thirty years. - when the question is whether a man is alive or dead, ..... court in life insurance corporation vs anuradha case reported in 2004 (2) ctc 552 has held at paragraphs 12 and 14 as under: 12. neither section 108 of evidence act nor logic, reason or sense permit a presumption or assumption being drawn or made that the person not heard of for seven years was dead on the date of his ..... was filed and ordered by the trial court? b) whether findings of the court below are correct in law for not drawing the legal inference under section 108 of evidence act? 3. the learned counsel for the appellant submitted that the first appellate court has failed to peruse the records properly before holding that the plaintiff has failed to issue .....
Tag this Judgment!Court : Chennai
..... litigation cannot be allowed to be kept alive for a long time. 13. though the above observations are made in the proceedings under section 5 of the limitation act, those principles are applicable while considering the delay in representation of the papers. the delay of 477 days appears to be due to deliberate in action on the ..... kmar verma the respondents produced a false and fabricated certificate to defeat the claim of the respondent for transfer of a case. this action was found to be an act amounting to interference with the administration of justice. brother hansaria, j. speaking for the bench observed: (scc pp.423-24, paras 1 and 2) the stream of ..... false affidavit in court constitutes contempt. the hon ble supreme court has passed the orders as follows: 38. section 2(c) of the contempt of courts act, 1971 (for short the act) defines criminal contempt as the publication (whether by words, spoken or written or by signs or visible representation or otherwise) of any matter or the doing .....
Tag this Judgment!Court : Chennai
..... travelling in the trolley of the tractor will not be third party and insurance company is not liable to indemnify such passengers. 17. section 145(g) of the act defines "third party". it defines that the "third party" includes the government. it would mean that other than the contracting parties to the insurance policy, the expression ..... for agricultural purpose and there was no violation of the policy conditions. since both the injured are third parties, as per section 145(g) of the motor vehicles act, which defines 'third party' as including the government, it would mean that other than the contracting parties to the insurance policy, the expression 'third party' should ..... that when sufficient evidence, both oral and documentary, were produced by the insurance company that at the time of accident, the vehicle was covered with an act policy and not for any other category of persons who were on board of either the tractor or trailer, therefore the insurance company should have been exonerated .....
Tag this Judgment!Court : Chennai
..... of purposive interpretation, the courts cannot rewrite a statute. a purposive interpretation may permit a reading of the provision consistent with the purpose and object of the act, but the courts cannot legislate and enact the provision either creating or taking away substantial rights by stretching or straining a piece of legislation. vide sri ram ..... interpreting the provisions of a statute, the court avoids rejection or addition of words and resort to that only in exceptional circumstances to achieve the purpose of act or give purposeful meaning. it is also a cardinal rule of interpretation that words, phrases and sentences are to be given their natural, plain and clear ..... instant writ petition has been filed. 7. inviting the attention of this court to section 30 of the recovery of debts due to banks and financial institutions act, 1993, mr.r.thiyagarajan, learned counsel for the writ petitioner/third party submitted that when the statute provides for an appeal to the tribunal, against the .....
Tag this Judgment!Court : Chennai
..... the court admitted these documents, the defendants did not question the admissibility of these two exhibits. under such circumstances, sections 36 and 61 of the indian stamp act, 1899 comes into operation. as held by the supreme court in yellapu uma maheswari and another -vs- buddha jagadheeswara rao and others (2015 air scw ..... 1957 and 1971 respectively. while admitting these two documents, the defendants have not objected for admitting these documents. therefore, under section 36 of the indian stamp act, 1899, once a document, which has not been duly stamped, has been admitted in evidence, without any objection, later the admissibility of that document cannot ..... mandatory, but unregistered, it cannot be looked into for any purpose, except for collateral purpose. whereas a document, which is not duly stamped, cannot be acted upon even for collateral purpose, until the same is impounded. 12.in this case, the facts established by the plaintiffs through documentary evidence and oral evidence .....
Tag this Judgment!Court : Chennai
..... of question being asked without reasonable grounds), 151 (indecent and scandalous questions) and section 152 (questions intended to insult or annoy) of the indian evidence act, 1872. disposition: 44. on a careful consideration of respective contentions, this court, bearing in mind the entire conspectus of the attendant facts and circumstances of ..... the applicant/1st respondent submits that the 1st respondent/election petitioner has taken a new stand with reference to 10a of the representation of the people act, 1951 11. the learned senior counsel for the applicant/1st respondent refers to the handbook for candidates of election commission of india, 2009 (reprint ..... register before the district electoral officer, chennai district viz., the commissioner of corporation of chennai, under rule 88 of the rules under representation of people act. 7. the learned senior counsel for the applicant/1st respondent projects an argument that as far as the election expenditure of the election petitioner is .....
Tag this Judgment!Court : Chennai
..... technical, accounts and materials effectively. k) mr.n.b.punniamoorthi/thirteenth respondent was dealing with wide-ranging issues relating to the tamil nadu transparency in tenders act, 1988, the rules framed thereunder and other such connected matters. l) dr.m.rajaram/fourteenth respondent is stated to have held key positions in the ..... for such appointment discernible from the functions of the public service commission enumerated in article 320 of the constitution of india. the commission is expected to act with fairness, besides competence and maturity. 2.8. insofar as the appointments were concerned, the persons so appointed were impleaded as respondents 4 to 14 ..... recruitment, transfer, discipline, pension, etc. 2.6. the office of the member and chairman are protected and sufficiently safeguarded so as to enable them to act fearlessly, i.e., without any fear or favour. thus, what is expected is that these persons should have knowledge and experience in public administration, high degree .....
Tag this Judgment!Court : Chennai Madurai
..... sum of rs.2,00,000/- and a sum of rs.20,000/- for the child labour (rehabilitation welfare fund), these amounts are to recover under the revenue recovery act and the petitioner was directed to pay the amount by way of demand draft in favour of the factories inspector iii circle, sivakasi. this letter was addressed to the ..... 4th respondent sent a proposal dated 09.08.2006 to the 1st respondent and according to that the 3rd respondent has taken steps to recover the amount under revenue recovery act. apart from that he added further that the original suit filed by the petitioner was subsequently withdrawn, so the 3rd respondent has jurisdiction to recover the amount from the ..... pay a sum of rs. 2,00,000/- in the name of the inspector of factories, otherwise her property would be brought for action under the revenue recovery act. the petitioner came to know that the said notice was issued upon her followed by her conviction under the prohibition of child labour (prohibition of regulation .....
Tag this Judgment!