Court : Chennai
..... was decided by this court in state of m.p. v. chunnilal1.12.3.though the parliament has enacted the national commission for protection of child rights act, 2005 (act 4 of 2006), the state government is yet to form a full-fledged committed as informed to this court by the first respondent as referred to above ..... secretary,government of tamil nadu was also directed to file a report as to whether a state commission in terms of the commission for protection of child rights act (central act 4/06) has been constituted. the first respondent was also directed to file a counter affidavit.3.4.when the matter came up on 05.08. ..... in cr.no.331 of 2011 without causing any embarrassment to the victim children.common orderprologue :1. child sexual abuse happens because the system of silence around the act perpetuates it.child sexual abuse represses children; the repression of children is unlikely to create a flourishing society, economically, emotionally, equally or spiritually.['bitter chocolate' - child .....
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..... rights and remedies, it will be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly.11.further, when the respondents came forward with the specific case that they were not in station during the relevant period, it is for them, to ..... practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case. the words 'sufficient cause' in section 5 of the limitation act should receive a liberal construction so as to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bonafides, deliberate inaction or negligence ..... which need to be kept in mind while dealing with applications filed under the provisions of order 22 cpc along with an application under section 5 of the limitation act for condonation of delay in filing the application for bringing the legal representatives on record. in scc para 13 of the judgment, the court held as under :(scc .....
Tag this Judgment!Court : Chennai
..... be protected.98. it is just and necessary to refer to certain definitions:a] section 3 of the transfer of property act, 1882interpretation clause: - in this act, unless there is something repugnant in the subject or context, -................................................................................................................................................a person is said to have notice of a fact ..... of ownership or tenancy, or adverse possession. this is possible only with the passive or active collusion of the authorities concerned. such acts of fences eating the crops should be dealt with sternly. the government, members or trustees of boards/trusts, and devotees should be ..... depriving persons of property rights, whether real or personal, or of damages: there was thus nothing inherently incompatible as between the 1980 act and article 1 of the protocol.11. this brings us to the issue of mental element in adverse possession cases intention..................14. importantly .....
Tag this Judgment!Court : Chennai
..... prohibits confession to police. the law does not prohibits confession to non - police persons/ private persons. this has been recognized under section 24 of the indian evidence act. in fact confession is the best form of evidence, because it emanates from the very author/accused. it becomes reliable because, it is made by the maker/accused ..... accused had approached him for fear of police harassment. he sought his help and through him he had surrendered to police.39. section 24 of the indian evidence act, 1872 prohibits obtaining of confession from a person implicating himself in a crime under threat, coercion, undue influence or out of any inducement or promise of help. ..... as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability that the act must have been done by the accused.16. to make the accused responsible for the untimely death of the children, prosecution relies on the following circumstances:(i .....
Tag this Judgment!Court : Chennai
..... to discharge the accused. 4. that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents ..... abductors are responsible for the murder of the deceased, when the abductors withhold the material information known to them, in view of sections 106 and 114 of the indian evidence act, 1872. 35. in the instant case, as per the materials available, the deceased was lastly found in the company of andi thevar and others. it is also not in dispute .....
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..... to the materials available on record before passing such an order. therefore, the commissioner, suo motu, exercising the powers conferred on him under section 263 of the act, revised the order of assessment passed by the assessing officer. however, learned counsel appearing for the assessee submitted that the commissioner may be directed to re-consider ..... during the course of assessment proceedings; the said amount partakes the character of advance, so as to attract the provisions of section 2(22)(e) of the act; this aspect was not looked into by the assessing officer while completing the assessment on 30.09.2005 and therefore, this constituted an error, which is ..... and that the amount received from the sister concern from october 1997 amounted to deemed dividend within the meaning of section 2(22)(e) of the act since the assessee had stopped all business activities from the said period. challenging the said order, the assessee filed an appeal before the income tax appellate tribunal .....
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..... to one bakthavatchalam even before the accident.12. per contra, ms.malar, the learned counsel for the first respondent/claimant contended that under sec.2(30) of motor vehicle act, the 'owner' means a person in whose name a motor vehicle stands registered and under sec.50(1)(a) the transferor is required to report fact of transfer to ..... granted to the driver was only for driving a light motor vehicle. the defence raised by the appellant falls under the purview of sec.149(2) of motor vehicle act. since the rider of the motor cycle had no appropriate licence to ride motor cycle with gear, there was a breach of condition of the contract of insurance policy ..... , the hon'ble supreme court held that since the scooterist was driving totally different class of vehicle, it is in violation of sec.10(2) of the motor vehicle act and therefore, the insurer cannot be held liable to pay compensation. but however, in view of the decision of the hon'ble supreme court in national insurance company ltd., .....
Tag this Judgment!Court : Chennai
..... in respective sections/jurisdiction continue to be in the same position with all service, monetary and attendant benefits applicable. section 9a of the industrial disputes act, 1947 (central act 14 of 1947) has no relevance to the facts of the case since no service condition applicable to any workmen in respect of any matter ..... also issued a certificate of incorporation in form i, dated 20.10.2010 incorporating metropolitan transport corporation (chennai-north) ltd. under the provisins of the companies act, 1956. it was further claimed that the board meeting of the metropolitan transport corporation (chennai-north) ltd. was held on 21.10.2010 in accordance with ..... the transport service was done by the state transport department. subsequently, with effect from 10.12.1971, pallavan transport corporation ltd. was incorporated under the companies act, 1956.it had initially a fleet strength of 1029 buses. the fleet strength got increased to 2332 buses as on 1.1.1994. thereafter, pallavan transport .....
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..... statute unconstitutional. even otherwise, a claimant would be entitled to challenge the arbitrator's award by invoking the provisions of section 34 of arbitration and conciliation act, 1996. thus, the aforementioned submissions, in our considered opinion, do not render the impugned enactment, arbitrary, illegal or ultra vires of any provisions ..... the principles and method for determining compensation with respect to property but does not provide for payment of solatium or interest. the vires of this act, more particularly the provisions of section 8, were impugned on the ground that failure to provide for payment of solatium and interest violated article ..... and haryana high court as under: "the aforementioned arguments, in our considered opinion, are inherently flawed. the central government acquires land under the national highways act, 1956 for a public purpose, namely, for the national highway authority of india, to develop, manage, maintain and operate national highways. what the .....
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..... 587 (k.kuppuswami pillai v. k.natarajan and another), wherein, this court has observed as follows:-held: a glance at the language used in s.67 of the indian evidence act also supports the view that the proof of the document by proving the signature of the first-defendant herein cannot extend to the proof of the genuineness of the contents .....
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