Court : Chennai
..... of mandamus directing the respondents to take immediate effective measures to pass ".the constitution (one hundred and fourteenth amendment) bill, 2010"., in to an constitutional amendment act and to notify the same in the manner known to law within a time frame to be fixed by this court and consequently, direct the respondents to implement ..... mandamus directing the respondents to take immediate and effective measures to pass ".the constitution (one hundred and fourteenth amendment) bill, 2010"., in to an constitutional amendment act and to notify the same in the manner known to law, within a time frame to be fixed by this court and consequently, direct the respondents to implement ..... of the case and its earlier decisions held that no mandamus can be issued directing the central government to issue notification under section 1(3) of the advocates act, 1961, and however, direction can be issued to the government to consider within a reasonable time.8. in the case on hand, the petitioner prays .....
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
..... in the evidence of pw1 at different stage of the proceedings. as already referred to, the complaint is bald and vague regarding the demand for dowry and the act of ill-treatment and harassment for complying with such demand. her statement before the revenue divisional officer and the investigating officer are also equally bald and vague. 9. ..... imposing penalty, the entire conclusion arrived at the on the basiso fht ehveiws expressed tnpsc. that way the r1 commtited graoss violationfo the procedure laid down under the act and th failure to consider the expalnation by the deliquen would also amount to violation of pricnipes of nature justice. going back to the manner inw hich the ..... offer his view if any on tehsame which is advers.to him and which is strongly relied by the disciplinary authoity to arrive at the final conclusion. the act of commission and omission by the tribnal dn by the disciplinary as above discusison,w oudl ars rigtly aruged by tehelarnd ocusne fro the petitioenr, render the .....
Tag this Judgment!Court : Chennai
..... 000/- and employees state insurance of rs.11,000/- has been paid subsequently, as such, the company is functioning adversely, as such, the provisions of the companies act, section 227(3)(e) had been violated. therefore, the respondent issued a show-cause notice to the petitioner's company and sought explanation. the respondent is the ..... under the statements on standard auditing practices and other relevant pronouncements issued by the institute of chartered accountants of india as well as laid down in the act, i.e., to lend credibility of the financial statements by reporting whether they reflect a true and fair view. sap-2 on objective and scope of ..... of chartered accountants of india in april 2001 for better appreciation of the contentions raised hereunder, which runs as follows: para (6) in guidance note.... the act does not specify the meaning of the phrase 'adverse effect on the functioning of the company.' the expression may be interpreted to mean that any event affecting the .....
Tag this Judgment!Court : Chennai
..... be prejudiced if the relief is granted. in the present case, if the respondents would have challenged their retirement being violative of the provisions of the act, perhaps the nigam could have taken appropriate steps to raise funds so as to meet the liability but by not asserting their rights the respondents have allowed ..... a writ petitioner under article 32 can only seek to enforce an existing right. no question of limitation can avail in such cases. further,the petitioner did act under a mistake of law. not stating a proper ground for quashing an invalid law, cannot affect the petitioner's stand.' 11.the learned counsel for the ..... defined misconduct, misbehaviour or misdemeanor. in a given case, the competent authority may, while deciding the issue of suitability of probationer to be confirmed, ignore the act(s) of misconduct and terminate his service without casting any aspersion or stigma which may adversely affect his future prospects but, if the misconduct/misdemeanor constitutes the .....
Tag this Judgment!Court : Chennai
..... kandiar), this court has held that father and mother are residing under the same roof and there is no love loss betwixt them. under the said circumstances, mother cannot act as natural guardian and therefore, the transfer made by her is nothing but void. (b) in 1980 2 mlj296(pattayi padayachi (died) and others v. subbaraya padayachi ..... said circumstances, as per the dictum given by the hon'ble apex court, the court can safely come to a conclusion that the first defendant can very well act as a natural guardian of the plaintiffs 1 to 3.29. the learned counsel appearing for the appellant/second defendant has also accited the decision reported in air1971kerala ( ..... a competent court. therefore, from the evidence given by dw2 (first defendant) it is easily discernible that the first defendant is a competent person so as to act as natural guardian of the plaintiffs 1 to 3.27. the learned counsel appearing for the appellant/second defendant has befittingly drawn the attention of the court to the .....
Tag this Judgment!Court : Chennai
..... against the petitioner herein seeking for her eviction on the ground of additional accommodation under section 10(3)(c) of the tamil nadu building (lease and rent control) act. the case of the landlord is that the petition mentioned property belongs to him in pursuant to a family partition. the petitioner herein is the tenant in respect ..... is filed in m.p.no.1 of 2012 denying the allegation. he further submitted that section 27 of the tamil nadu buildings (lease and rent control) act permits the legal representatives to continue the proceedings even after the death of the original parties. the learned counsel in support of his submissions relied on the following ..... of the petitioner/landlord, the right being his personal right, there is no question of impleading the legal representatives of the deceased owner under section 27 of the act, cannot sustain nor is it acceptable. on the other hand, the terms ".owner's occupation". should be given its wider meaning thereby making it clear that it .....
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..... in answered to the effect that both the fora below were not justified in holding that the provisions of the public premises (eviction of unauthorised occupants) act, 1971 act are applicable to this case. the first defendant is liable to vacate and hand over vacant possession of the suit property as prayed for in the ..... the statement to provide a remedy for the then existing malady.13. ...... ...... ......14. ...... ...... ......15. we have two separate enactments viz. transfer of property act and pp act. both have their own respective fields. the players who have to play in the respective fields are different. the players of this litigation have necessarily to play on ..... knowledge of both sides. (1) whether both the fora below were justified in holding that the provisions of the public premises (eviction of unauthorised occupants) act, 1971 act are applicable to this case, if not, whether the first defendant is liable to vacate and hand over vacant possession of the suit property as prayed .....
Tag this Judgment!Court : Chennai
..... , library, qualified staff, financial stability of the institution, accommodation, etc. are the subjects which are specifically covered under section 14(3)(b) of the act. thus, they would not be open to re-examination by the state and the university. if the recognition itself was conditional and those conditions have not ..... the college was emphasised, which reads thus, ".59. the above enunciated principles clearly show that the council is the authority constituted under the central act with the responsibility of maintaining education of standards and judging upon the infra-structure and facilities available for imparting such professional education. its opinion is of ..... of recognition, permission and affiliation of teacher training course. in paragraph 52 to 54 it is held thus, ".52. under the scheme of the ncte act, there are three principal bodies involved in processing the applications for grant or refusal of recognition for running of teacher training courses by various institutions. they .....
Tag this Judgment!Court : Chennai
..... . customs.excise and service tax appellate tribunal, south zonal bench, shasthri bhawan 26, haddows road, chennai-6.respondents civil miscellaneous appeal filed under section 35g of central excise act against the final order no.530 of 2005 dated 10.2.2005 on the file of the customs.excise and service tax appellate tribunal, south zonal bench, chennai. for ..... ".is cestat correct in holding that the assessee's claim will not fall under the jurisdiction of the period of limitation as stipulated in section 11b of the central excise act, 1944 during the relevant period (six months) since the issue is after the off shoot of order in appeal passed in favour of the assessee, whereas the hon ..... claim made by the assessee, holding that the same was not filed within 6 months from the date of payment of duty as per section 11b of central excise act. following the decision of the hon'ble supreme court in the case of mafatlal industries ltd v. union of india (1997 vol.89 elt247(sc)).the assessing officer .....
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