Court : Chennai
Decided on : Oct-03-2005
Reported in : (2005)4MLJ596
..... (see rule 31 of the management and preservation of properties of religious institutions rules), the idol had been shifted, such shifting also violates section 3 of central act 42/1991 and is also an offence under the indian penal code (obviously referring to sections 295 and 295-a of the ipc). in this context, we ..... stated to be under rule 52 of the management and preservation of properties of religious institutions rules framed under section 116 of the hindu religious and charitable endowments act. of course, as rightly contended by the plaintiffs in the suit, the validity of the above referred to government order cannot be challenged in that suit. ..... and preservation of properties of religious institutions rules, hereinafter referred to as 'the rules', framed under section 116 of the tamil nadu hindu religious & charitable endowments act. therefore on that short score, it can be easily held that shifting the idol of lord siva is bad in law. learned senior counsel would then take .....
Tag this Judgment!Court : Chennai
Decided on : Sep-01-2005
Reported in : II(2006)BC382
..... on his file.2. the respondent preferred the complaint through the power of attorney before the judicial magistrate under section 138 read with section 142 of negotiable instruments act against the petitioner herein and after examining the power of attorney under section 200, cr.p.c, learned judicial magistrate had taken cognizance of the case. ..... in taking cognizance of the case is not valid in law.7. in this regard, it is essential to extract section 142(a) of the negotiable instruments act which reads as follows:'cognizance of offences.-- notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974):(a) no court shall take cognizance of ..... 1994 1 lw (crl) 34, learned single judge of this court arunachalam, j. (as he then was) held as follows:'the eligibility criteria under the negotiable instruments act does not get disturbed, if a gpa duly constituted initiates private complaints, for, as i have stated earlier, the power of attorney agent, steps into the shoes of .....
Tag this Judgment!Court : Chennai
Decided on : Jul-18-2005
Reported in : 2005(3)CTC703
..... allowances and conditions of service of chairman, vice-chairman and members) rules 1985 and i schedule of high court judges (salaries and conditions of service) act, 1954 as well as basing reliance on pratibha bonnerjea's case, arrived at a conclusion that the chairman and vice-chairman of central administrative tribunal are entitled ..... the period during which he served as the commission of inquiry or as the commissioner of payments under the madras race club (acquisition and transfer of undertaking) act, 1986 can not be taken into consideration for computing the pensionary benefits. both the above answers are not applicable to the case on hand. no doubt, ..... hence an appeal by special leave by the union of india before the supreme court. after considering the provisions of the high court judges (conditions of service) act, 1954 and central administrative tribunal (salaries and allowances and conditions of service of chairman, vice-chairman and members) rules, 198 5, the supreme court has held .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Decided on : May-16-2005
Reported in : (2006)100TTJ(Chennai)738
..... renovate noon-meal centres before the chief minister's birthday, besides the hon'ble chief minister had ordered to take up the question of exemption of this expenditure under the it act to those who made the contribution. there is absolutely no business nexus with these expenses. as such, it cannot be allowed under section 37(1).10. the next ..... the assessee's business of which results in any benefit to the assessee's business has to be regarded as an allowable deduction under section 37(1) of the act. it is, therefore, important to see that whether the contribution was made towards the welfare fund or directly connected or related with the carrying on of the assessee ..... ble chief minister's birthday on 24th feb., 1992. further, the hon'ble chief minister has ordered to take up the question of exemption of this expenditure under the it act to those who made the contribution. , i know very well that you have more anxiety and tamin is leading in this cause than other public sector undertakings. 1 .....
Tag this Judgment!Court : Chennai
Decided on : Dec-21-2005
Reported in : AIR2006Mad125
..... trimbak kothula v. state of maharashtra). in : 1980crilj429 (state of maharashtra v. natwarlal damodardas soni), the supreme court dealing with section 135 of the customs act and rule 126-h(2)(d) of the defence of india rules negatived narrow construction of a statutory provision which would emasculate the provisions and render them ineffective ..... the section appears to be applicable only to statements made in claims and objections made before revising authorities or in applications made under section 23 of the act for inclusion of names but not to statements made before any other persons, as for example, enumerators of the stage of the initial preparation or ..... functionaries shall not be proceeded against legally. mr. n. jothi learned counsel appearing for the petitioner took us through section 31 of the representation of the people act, 1950, hereinafter referred to as 'rpa, 1950', and contended that a careful reading of that section would exclude all others, except the person making a .....
Tag this Judgment!Court : Chennai
Decided on : Dec-20-2005
Reported in : 2006(1)CTC1; [2007(1)JCR423(Mad)]; (2006)1MLJ1
..... portion of the paragraph 7 of the kuttappan's case, it is clear that the supreme court has not merely interpreted the provisions of the kerala act and karnataka act, but also declared a law giving out the ratio decidendi that the enrolment of new members by the administrator or the special officer would involve ..... ' means a person joining in the application for the registration of a society and a person admitted to the membership after registration in accordance with the provisions of this act, the rules and the by-laws and includes an associate member.35. section 2 (19) defines 'officer', and it includes a president, vice-president, managing director ..... court, in joint registrar of co-operative societies, kerala v. t.a. kuttappan, : air2000sc2378 , taking into consideration the relevant provisions of the kerala and karnataka acts, held that the administrator or a special officer, appointed by the registrar, can exercise powers and functions only as may be required to the interests of the co- .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-2005
Reported in : (2007)209CTR(Mad)338; [2007]289ITR351(Mad)
..... the view that the authorities below had taken a correct view that there is no justification in levying interest under section 139(8) and section 217 of the income tax act. hence there is no substantial question of law arising out of the order of the tribunal, in respect of the question no. 5.accordingly, the tax appeal filed by ..... section 132 of the income tax act in the premises of the assessee and several incriminating documents were seized. the pronotes to the value of rs. 28,16,900/-, the note books containing entries of amounts ..... years andv. whether, in the facts and circumstances of the case, the tribunal was right in cancelling the interest under section 139(8) and 217 of the income tax act ?2. the assessee is an individual carrying on the business of financier by giving her husband a power of attorney. on 9.8.1989, a search was conducted under .....
Tag this Judgment!Court : Chennai
Decided on : Oct-07-2005
Reported in : [2007]139CompCas191(Mad); (2006)2CompLJ113(Mad); [2007]75SCL169(Mad)
..... of the transaction and burden of proof, learned counsel appearing for the appellant has relied upon several decisions, particularly, including a few decisions under the provincial insolvency act.in : [1958]1scr257 (n. subramania iyer v. official receiver, quilon and anr.) it was observed :-'(10) the finding on the question of consideration ..... , therefore, upon considering various authorities on this subject that the following principles are doubtless applicable to sub-section (2) of section 536 of the companies act, 1956: 1. the court has an absolute discretion to validate a transaction. 2. this discretion is controlled only by the general principles which apply to ..... court holds that the guidelines register is merely an indication for the registrar to proceed further while registering instruments falling under section 47a of the indian stamp act. on points (v) and (vi): this court holds that the entries in the guidelines register is not enforceable nor the registering authority could insist .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-2005
Reported in : II(2007)BC10
..... the third respondent made use of the said blank letter head and committed breach of trust. it is further alleged that the officers of the second respondent/bank have acted in collusion with the third respondent in debiting the amount as aforesaid.8. the writ petitioner raised an issue before the banking ombudsman requesting action to be taken, ..... the director of the writ petitioner company that the bank transferred the said amount to the account of the third respondent. it is alleged that the branch manager acted in good faith without any reason to believe that the letter dated 29.08.2000 was a fabricated one. the authorized signatory himself was present and had given ..... an authorized signatory and who gave the letter dated 29.08.2000 to the branch manager of this respondent in person and the branch manager of this respondent acted upon such letter and transferred the amount to the account of the third respondent. i submit that the action of the branch manager immediately in causing a debit .....
Tag this Judgment!Court : Chennai
Decided on : Aug-25-2005
Reported in : AIR2006Mad93; (2005)4MLJ375
..... textile workers union v. p.r.ramakrishnan, : (1983)illj45sc a constitution bench of the supreme court held that although here is no statutory requirement in the companies act, the workers of a company are entitled to be heard in a winding up petition against the company as their rights will be adversely affected by the order to ..... demurrage claimed by the writ petitioner.22. it was further contended that the writ petitioner is responsible for the delay in discharging the consignment arising out of any act or omission of the stevedores. it is alleged that from the reports of the surveyor appointed for this purpose the stevedores who are under the control of the ..... to bear the said charges.11. the writ petitioner alleged that the respondent-port trust neglected to perform its statutory duty under section 60 of the major port trusts act, 1963, and hence the petitioner had to file this writ petition for a writ of mandamus for a direction directing the respondent-port trust to perform its duty .....
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