Court : Chennai
..... further, as argued by mr.t.v.krishnamachari, learned senior counsel, there is no specific provision in the indian stamp act to take another revision of the guideline value by the registrar of south chennai after the determination of the same by the special deputy collector (stamps) under sub-rule (1) of rule 7 of tamil nadu stamp (prevention of under valuation of instrument) rules, 1968. 11. ..... according to the appellant, there seemed to be no provision of law for another revision of guideline value by the registrar, south chennai after the determination of the same by the special deputy collector (stamps) under sub-rule (1) of rule 7 of tamil nadu stamp (prevention of under valuation of instrument) rules, 1968. 7. ..... however, after sending the document to the deputy collector (stamps) as contemplated under section 47a(1) indian stamp act, it was determined by him at rs.1,530/- per sq.ft and accordingly, the deficit value of the stamp at rs.1,25,307/- was collected on 08.06.2001. ..... when such being the case, the value determined by the chief controlling revenue authority (inspector general of registration at rs.1,869/- per sq.ft once again claiming a sum of rs.2,67,748/- towards the deficit stamp value along with a sum of rs.20,000/- towards the registration fee seems to be without any basis and liable to be set aside. 12. ..... therefore, the appellant was called to appear for enquiry on 28.07.2013 at 02.30pm. .....
Tag this Judgment!Court : Chennai
..... of india praying for issue of writ of mandamus to - i) direct the respondents 1 and 2 to issue appropriate directions to the government of tamil nadu to take all measures mandated under the provisions of the scheduled castes and scheduled tribes (prevention of atrocities) act 1989 and the rules made there under to give full protection to the members of the scheduled castes in tamil nadu under articles 256 and 257(1) of the indian constitution ii) direct the respondents 1 and 2 to effectively monitor the ..... implementation of schemes by the government of tamil nadu to prevent the commission of offences and atrocities against the members of the scheduled castes and ..... we are of the opinion that this is wholly illegal and has to be ruthlessly stamped out. .....
Tag this Judgment!Court : Chennai
..... tamil nadu, (2011) 6 scc 405, the court observed that the effect of khap panchayats (known as katta panchayats in tamil nadu) which often decree or encourage honour killings or other atrocities in an institutionalized way were required to be ruthlessly stamped out as encouraging acts of ..... of 2015, but would like to note at this stage that this writ petition was filed by the general secretary of the people s union for civil liberties (pucl), tamil nadu and puducherry, in public interest, in the light of what had transpired aforesaid, alleging that extra-judicial and non-state players had taken law into their hands and launched ..... to another place, action against law breakers by registering firs, educating officials, both revenue and police, in addition to the method of dealing with such situations and issue directions to the state of tamil nadu to conduct regular programmes on these aspects in schools and colleges, administrative training institutes and judicial training academies. 24. ..... perumal murugan are apparent from the following awards he has received:- * he has won the government of tamil nadu s state award for best book (the dictionary) in 2002 * he also won the katha prize in 2000 * his novel koolamadari was translated into english as seasons of the palm ..... tamil nadu, 2013 ..... novel was released in november, 2013 and it also evoked critical ..... in november, 2013, one part woman , being the english version ..... that, this work of his received considerable attention and in the year 2013, m/s. .....
Tag this Judgment!Court : Chennai Madurai
..... even though we have clarified the law to the effect that the executive officer is not bound to implement the decisions taken by the fit person in violation of the provisions of the tamil nadu hindu religious and charitable endowments act, 1959, we are not interfering with the ultimate order passed by the learned single judge setting aside the punishment. 14. ..... the learned single judge proceeded as if fit person appointed to perform the functions of the board of trustees under section 47(1) of the tamil nadu hindu religious and charitable endowments act, 1959, is the head of office of the executive officer. 7. ..... the executive officer is bound to comply with the provisions of the tamil nadu hindu religious and charitable endowments act, 1959 and the rules made thereunder. ..... the executive officer is legally not bound to implement the decisions of the board of trustees, in case such decisions were taken in violation of the provisions of the tamil nadu hindu religious and charitable endowments act, 1959. ..... bajrangi rabidas (2013) 12 scale 69 held that jurisdiction under article 226 of constitution of india being discretionary is not to be exercised whenever there is an error of law. ..... in short, the executive officer is not a rubber stamp. ..... the respondent acted as a faithful servant of the fit person and granted the privilege. .....
Tag this Judgment!Court : Chennai Madurai
..... in fact, the learned single judge has drawn inspiration from the earlier judgment rendered by this court in the matter of s.jayalakshmi -vs- the government of tamil nadu rep by special secretary to government, commercial taxes (j1 department, secretariate, chennai-9 and two others reported in2003(1) lw.562. ..... whereas the learned single judge has taken into consideration the fact that the tamil nadu police housing corporation, being a public sector undertaking, as a welfare measure has constructed the flats and allotted them to the eligible police personnel by executing lease-cum-sale agreement. 3. ..... in those set of circumstances, the learned single judge has rightly arrived at a conclusion that an exercise sought to be indulged in under section 47 a of the indian stamp act, is totally unwarranted. ..... a public sector undertaking, particularly, such as police housing corporation would never have resorted to any such act of suppressing the true market value of the immovable property covered by the conveyance deed. ..... the learned special government pleader would urge that the judgment rendered by the learned single judge would lead to loss of revenue to the state in the form of collection of stamp duty. .....
Tag this Judgment!Court : Chennai Madurai
..... the pith and substance of the stand of the petitioner is that the first respondent/district registrar, palayamkottai, tirunelveli, only after calling for an enquiry, in the manner enshrined as per rule 5 of tamil nadu stamp (prevention of under valuation of instruments) rules, 1968, and after determining transitorily the market value of the properties and the duty payable in the manner prescribed under rule 6 in form no.ii and only ..... counsel for the petitioner projects an argument that the procedure to be followed in terms of section 47-b of the indian stamp act, 1899, is that the ambit of section 47-a of the act should be adopted for the purpose of determination of the question, relating to the rectification deed dated 17.11.2011. ..... (prayer: writ petition is filed under article 226 of the constitution of india, to issue a writ of certiorarified mandamus to call for the records relating to the proceedings in r.c.no.484/b1/2013 dated 02/2013, signed on 13.03.2013 on the file of the first respondent herein and to quash the same and direct the respondents to release the rectification deed dated 17.11.2011 executed in his favour, within a time frame as may be ..... forth on behalf of the petitioner is that the impugned order dated 13.03.2013 passed by the first respondent is without any power or jurisdiction, besides the same being an arbitrary one and also in negation of the principles of natural justice, equity and also mandatory provisions of the act and rules framed thereunder. 6. .....
Tag this Judgment!Court : Chennai
..... interlineations, alterations, erasures or blanks, which the registering officer considers should be attested by the initials or signature of the executants, if the date of execution is not given in the document, or if it is anterior to the date of purchase of the stamp paper on which the document is written, or if the date is given according to both the british and the indian calendars and these dates do not tally the action of the registering officer in this respect shall be confined ..... to the learned counsel for the petitioner, the first respondent therefore cannot deny registration of the power of attorney deed by sending the impugned letter and it is not in consonance with the tamil nadu registration act and the rules made thereunder. 9. ..... counsel appearing for the respondents 2 to 9 would rely on section 34 and 35 of the tamil nadu registration act and made a detailed submission. ..... this reason assigned by the first respondent is not in consonance with rule 55 of the tamil nadu registration rules and therefore the refusal on the part of the first respondent to register the power of attorney deed is without authority of law ..... according to the counsel for the petitioner, only rule 162 of the tamil nadu registration rules (hereinafter referred to as the rules) empowers the registering authority to refuse registration of a document on the heads ..... such direction, the first respondent has exceeded the scope and ambit of the provisions of the tamil nadu registration act and rules. .....
Tag this Judgment!Court : Chennai
..... such, even if it is assumed that the suit for a bare injunction in respect of the immovable property can be maintained, the suit should have been valued under section 27(a) of the tamil nadu court fees and suits valuation act, 1955 in which event also, the plaintiffs should have paid court fee on one half of the market value of the suit property as on the date of plaint. ..... as per article 46 under schedule 1 to indian stamp act, 1899, stamp duty should have been collected on the total value of the assets of ..... as per section 6 of the indian stamp act, 1899, when an instrument has been so framed to come within two or more of the descriptions in schedule i and the stamp duty chargeable thereunder are different, it shall be chargeable with highest of ..... the stamp duty collected under section 41 of the indian stamp act along with the value of the stamp papers used for writing ex.a4 account for ..... between the partners dividing the outstanding of the partnership without dissolving the partnership shall be construed to be a partition deed and not a deed of dissolution of partnership and that such instrument attracts stamp duty under article 45 of schedule i of the indian stamp act, 1899. ..... amendment dissolution involving partition of immovable properties of a firm among partners has been separately itemised and the stamp duty leviable at a higher rate on the entire property not a divided share alone, a lesser stamp duty is prescribed in case the partners are members of one and the same family. .....
Tag this Judgment!Court : Chennai
..... tamil nadu electricity board, mettur). ..... learned counsel appearing for the respondents / plaintiffs contend that the appellants / defendants, without following the procedure laid down under indian electricity act, 1910, fixed the consumption charges arbitrarily, that too for the period exceeding 6 months. 12. ..... so this dispute squarely falls within the provisions of the said act and as such it has been rightly found by the high court that it is the electrical inspector who alone is empowered to decide the dispute. ..... the first plaintiff, gave an undertaking in the stamped paper, to pay the amount on installments on 05.05.1993 (stamp paper, dated 04.05.1993). ..... therefore, it is clear that the impugned order has been passed in utter disregard of the provision in section 26(6) of the indian electricity act, 1910 and is liable to be quashed. 17. ..... section 26 (6) of the indian electricity act, 1910 reads as follows : (6) where any difference or dispute arises as to whether any meter referred to in sub-section (1) is not correct, the matter shall be decided, upon the application of either party, by an electrical inspector; and where the ..... as per section 26(6) of the act, the authority to declare the meter as ceased to be correct is only the electrical inspector and on making of such declaration, he has to estimate the amount of energy supplied to the consumer, during such time, not exceeding six months." 14. .....
Tag this Judgment!Court : Chennai
..... behalf of the appellants that it was not brought to the notice of the learned single judge that a conjoint reading of the provisions contained in section 47a (1) of the indian stamp act together with rule 7(4) of the tamil nadu stamp (prevention of undervaluation of instruments) rules, 1968, mandate that the collector has to add a certificate on the original instrument after collecting the deficit stamp duty and interest, if any payable, under section 47a of the act. 6. ..... pleader projects a legal argument that there is no provision available in the indian stamp act, 1889 enabling the court to return a document pending action 47a (1) of the act. ..... respondent/third appellant to release the related document in question after making an endorsement to the effect that the document is released subject to the pending finalisation of the proceedings under section 47-a of the act apart from indicating the fact that the prima facie conclusion has been arrived at with respect to the deficit ..... directed to release the said document in question, subject to the pending finalization of the proceedings under section 47-a of the act, apart from indicating the fact that, a prima facie conclusion has been arrived at with respect to the deficit stamp duty. ..... in short, the act does not provide ..... the condition that may be imposed, including an endorsement from the respondent/writ petitioner that the said document is released subject to pending finalisation of the proceedings under section 47a of the act etc. .....
Tag this Judgment!