Court : Chennai
..... the additional accommodation for his personal use. 12. the following is the distinction between sub-section (3) and sub-section (8) of section 11 of the act. the former provision applies when the building is wholly occupied by the tenant and the landlord bona fide needs the building for his own occupation or for the ..... the civil revision petition only concerning the ground of 'additional accommodation, as contemplated under section 10(3)(c) of the tamil nadu buildings (lease and rent control) act. he would pilot his arguments, which could tersely and briefly be set out thus: (i) the respondent herein/tenant as r.w.1 candidly and categorically, during ..... petitioner herein/landlord filed the rcop.no.203 of 2007, invoking sections 10(3)(c) and 14(i)(b) of the tamil nadu buildings (lease and rent control) act, seeking eviction on the grounds of 'demolition and reconstruction' and for 'additional accommodation'. (ii) the matter was resisted by filing counter by the respondent herein/tenant. (iii .....
Tag this Judgment!Court : Chennai
..... hon'ble full bench of this court, the state government has continued to issue government orders for making appointment in government posts only through employment exchange, the act of state government in not following the law laid down by this court cannot be appreciated. 23. the hon'ble supreme court in state of bihar vs ..... while sponsoring their names for recruitment. this question wouldnot have arisen for consideration if the law laid down by the supreme court that the employment exchanges cannot act as the only source of recruitment, had been taken note of by the respondents. 24) therefore, if the recruitment of about four thousand secondary grade teachers ..... of cases. 20. the earlier view of the hon'ble supreme court was that in view of the provisions of employment exchanges (compulsory motification of vacancies) act 1959, the appointment through employment exchange could not be said to be illegal or violative of constitutional provisions of law. however, this view does not hold the .....
Tag this Judgment!Court : Chennai
..... priest was not proved and therefore, the solemnisation could not be considered as proved are not reasons to rebut the presumption drawn under section 114 of the indian evidence act. 39. furthermore, the first appellate court did not consider ex.a2 the marriage invitation card printed by the defendants themselves showing that the plaintiff was the wife ..... judgment of this court reported in 1999-2-l.w.404 (peramayee versus guruvayee and 2 others), the presumption to be drawn under section 114 of the evidence act has been explained as follows: "14........ from this decision itself it can be inferred that there could be a presumption of a valid marriage under section 114. ..... status of the plaintiff as the wife of the deceased sekar, no doubt certain presumptions can be drawn as per the provisions of section 114 of indian evidence act. for the purpose of drawing such presumption, there must be some evidence and long co-habitation of husband and wife or the instances and the evidence should have .....
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 : 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 : Chennai
..... this court dismissed the petition for eviction. in mohan lal v. jai bhagwan3 this court, interpreting the corresponding provision in the haryana urban (control of rent and eviction) act, 1973, held that when a tenant who had taken a building on lease for the purpose of running a business in liquor, converted the business into that of general merchandise ..... 512 [ k.r.murugesan vs. the chairman)5. 1994 stpl (le) 19076 sc, ram gopal vs jain narayan)6. air 2000 sc 1122 [ m.arul jothi vs. lajja bal]7. 2004(6) scc 166 [goa urban co-opertive bank vs. noor mohammed]decisions cited on the side of the tenant:1. 1996(1) mlj 231 -madras high court [ammasai ..... landlord requires the additional accommodation for his personal use.12. the following is the distinction between sub-section (3) and sub-section (8) of section 11 of the act. the former provision applies when the building is wholly occupied by the tenant and the landlord bona fide needs the building for his own occupation or for the occupation by .....
Tag this Judgment!Court : Chennai
..... consumer's premises under regulation 2(l) of the tamil nadu electricity distribution code, 2004 and the word "premises" in section 2(51) of the electricity act, 2003 include land, building or structure . in the present cases the building or structure admittedly belongs to the petitioners industries concerned. it is to the petitioners ..... term premises under the electricity act, 2003 and under the tamil nadu electricity distribution code, 2004 would also mean the building or structure to which the service connection is granted. according to the ..... nadu electricity distribution code, 2004 reads as follows:-"(l) "consumer's premises" means the area served by a service connection;"section 2(51) of the electricity act, 2003 reads as follows:-"(51)"premises" includes any land, building or structure;"36.therefore, on a reading of the above provisions, it is clear that the .....
Tag this Judgment!Court : Chennai
..... to condone the delay, if sufficient cause is shown for not availing the remedy within the stipulated time. the expression "sufficient cause" employed in section 5 of the indian limitation act, 1963 and other similar statutes is elastic enough to enable the courts to apply the law in a meaningful manner which sub serves the ends of justice. although, no hard .....
Tag this Judgment!Court : Chennai
..... sufficient cause or circumstances beyond his control in honoring the notice sent by the landlord13. the explanation appended to sub-section (2) of section 10 of the act enacts a rule of evidence. after the issuance of two months' notice claiming the rent, the default by the tenant shall be construed as willful raising a ..... that the hon'ble supreme court, framed the following question for consideration whether the provisions of section 8 of the tamil nadu buildings ( lease and rent control) act are to be strictly complied with by the tenant before he can seek benefit under the provisions, regarding deposit of rent in the court? "held that, procedures ..... the landlady wanted to do business and her requirement was bona fide, ordered eviction, without properly appreciating the essential ingredients of section 10(3) a(iii) of the act, as stated above. 16. further, no evidence was adduced by the landlady explaining the reason for not occupying another portion, vacated by the another tenant/p.w.2 .....
Tag this Judgment!Court : Chennai
..... obtained after sub-letting will not ensure for the benefit of the tenant.however, sub-section (3) of section 16 prohibits sub-letting of the premises after commencement of act of 1958 without the 'previous' consent in writing of the landlord. the use of word 'previous' in this sub-section shows that where it was the intention of ..... previous' in sub-section (2) shows that it was not the intention of the legislature that the consent in writing could be obtained before sub-letting. before the act of 1952 a tenant could successfully show acquiescence of the landlord in sub-letting to escape forfeiture of tenancy. since the absence of consent in writing by a landlord ..... for sub-letting gave rise to unnecessary litigation between a landlord and a tenant, the act of 1952 required the consent of the landlord in writing after its commencement. the purpose seemed to be that the consent of the landlord evidenced by a writing .....
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