Court : Chennai
Reported in : (2001)1MLJ469
..... i) shanbaggakannu v. muthu bhattar : air1971sc2468 ; (ii) municipal corporation of the city of jabalpur v. state of madhya pradesh : [1963]2scr135 and also (iii) kurukshetra university v. rural college of education . a reference has also been made to bharat singh v. state of haryana : air1988sc2181 .19. as regards the first mentioned case, the ..... that the sugar industries were not eligible for the incentives on purchase tax. the petitioner company, therefore, filed a writ petition (w.p.no. 19395 of 1993), challenging this order. petitioner relied on sulochana cotton spinning mills (p) limited v. state of tamil nadu 1998 s.t.c. 125 and contended that even ..... were not disputed by the petitioner company, that in the monthly statements filed by the petitioner company before the authorities under the tamil nadu general sales tax act, the petitioner company boldly stated that it had commenced 'commercial production' on 23.3.1990, the statements are undoubtedly about both the units, viz., the .....
Tag this Judgment!Court : Chennai
Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49
..... in order that a person could be termed as a 'tour operator' within the meaning of section 65(52) of the finance act, he must have a permit either under section 88(9) or under 1993 rules or rules 82 to 85 of the motor vehicles rules. unless he has such a permit and operates on the basis of ..... the language of the provisions by holding that a ' tourist vehicle' contemplated under the finance act must be a vehicle having only 'tourist permit' as contemplated under section 88(9) of the motor vehicles act read with rules 82 to 85 or under the 1993 rules and merely because the petitioners do not have those 'tourist permits' under the abovementioned provisions ..... obviously based on the faulty logic that in section 65(51) and (52) of the finance act the term 'tourist vehicle' is used and the motor vehicles act provides for the 'tourist permit' under section 88(9) read with rules 82 to 85 or under 1993 rules only for 'tourist vehicles' and therefore, any 'tourist vehicle' must have a 'tourist permit .....
Tag this Judgment!Court : Chennai
Reported in : (2001)3MLJ523
..... suit and the interest is the interest of the person who was the party to the suit,'38. in a recent decision reported in dhurandhar prasad singh v. jai prakash university and ors., 2001 (5) supreme 278, it has been held that,'in a case of devolution of interest during the pendency of a suit was postulated under order 22 ..... its absence even the beneficiaries could not get any relief.7. in support of his various contentions, the learned senior counsel referred to the provisions of the trusts act, the stamp act and the registration act. he relied on the following decisions: (1) syed shafee and anr. v. s.asmath basha and anr. , ranjit kumar ghosh and anr. v. sirish ..... two months time to the revision petitioner to vacate. this was confirmed in the appeal r.c.a. no.148 of 1990 filed by the revision petitioner on 1.4.1993 by the learned appellate authority, viz., the subordinate judge, coimbatore. it is as against this, the present revision has been filed.6. mr. shanmugavel, learned senior counsel .....
Tag this Judgment!Court : Chennai
Reported in : (2002)2MLJ777
..... aicte) such approval having been granted under the all india council for technical education act 1987, (central act no.52 of 1987) (act) and who are affiliated to one or the other of six universities - university of madras, anna university, madurai kamaraj university, periyar university, bharathiar university, and bharathidasan university, have in these writ petitions questioned the legality and reasonableness of two tamil nadu ..... would have had to be rejected as the scheme formulated in unni as subsequently modified in the case of shahal h. musaliar vs. state of kerala, 1993 4 scc 112, clearly states that in the minority institutions 50% of the seats in the free as well as in payment categories are permitted to be ..... made in accordance with regulations notified by the aicte vide gsr 476(e) dated 20.05.1994 based on the hon'ble supreme court judgments dated 04.02.1993 with regard to wp (c) no.607 of 1992 in the case of unni krishnan jp and other etc. vs. state government of andhra pradesh and .....
Tag this Judgment!Court : Chennai
Reported in : 2004(3)CTC500
..... with obtaining prior permission of the state government for establishing a new medical college as required under proviso to section 5(5) of the medical universities act. it was also held in no uncertain terms that the essentiality certificate cannot be withheld by the state government on any policy consideration because the policy ..... government took a stand that in view of the proviso to sub-section (5) of section 5 of the medical universities act, inserted by the state act, no college can be affiliated to the university unless the permission of the government to establish such college has been obtained and the terms and conditions, if any, ..... of the power conferred under section 10-a read with section 33 of the act, regulations have been framed titled, 'establishment of new medical colleges, opening of higher courses of study and increase of admission capacity in medical colleges regulation, 1993'. the same was superseded by the subsequent regulation viz., 'establishment of medical colleges .....
Tag this Judgment!Court : Chennai
Reported in : (2002)3MLJ441
..... fulfilling the conditions stipulated by the inspection commission and also subject to the rules and regulations of bharathiar university. this is evident from the letter of the registrar, bharathiar university, coimbatore dated 05.11.1993 addressed to the director, sacon.26. learned senior counsel has also brought to my notice a letter ..... scientific works and monographs in ornithology and natural history based on the activities of the society; and (xiii) generally to do all such other lawful acts and things necessary, incidental, conducive or ancillary to attain the above mentioned objects. provided that in carrying out the above mentioned objects no activity shall ..... ali centre for ornithology and natural history (hereinafter referred to as 'sacon')- first respondent society herein is a body registered under the society registration act and it is an organisation set by the central government, ministry of environment and forest and it is completely controlled by the central government. in .....
Tag this Judgment!Court : Chennai
Reported in : [2003]117CompCas73(Mad)
..... proceedings taken by the respondent authorities for recovery of the contributions which the petitioner had deducted from the wages of the employees but had not paid to the fund. (ii) universal paper mills ltd. v. r.p.f. commissioner (2000) ii llj 1193. in this case it has been held that the bar of proceedings against sick company is ..... machinery by efficient machinery to safeguard the economy of the country and protect viably sick units. (ii) maharashtra tubes ltd. v. s.i.i. corporation of maharashtra ltd. : [1993]1scr340 wherein the honourable apex court has held that when enquiry is pending under sec.16 and 17 or an appeal is pending under sec.25, there should be cessation ..... 105/93 on 22.2.1994. the second respondent has declared the third respondent mill as sick industrial company within the meaning of section 3(1)(o) of the act as its accumulated losses as on 30.1.1993 exceeded its net worth. the second respondent appointed the 5th respondent as operating agency under sec.17(3) of the .....
Tag this Judgment!Court : Chennai
Reported in : (2003)2MLJ735
..... of the market value that is fixed by this court, in these batch of appeals pursuant to interim orders passed pending the earlier appeals, it cannot be held as a universal rule of law that the same need not be refunded as that is not the proposition of law that has been laid down by the supreme court. on the facts ..... 70, 73 to 77, 91 to 93, 98,100 to 103, 144, 220, 230, 420 of 1990, 618, 626, 630 631, 632 to 635, 637 to 641, 1336 & 1337 of 1993'. 10. before the learned subordinate judge of tiruvallur, the land owners/claimants marked exs.c-1 to c-34, which are common in all the laops, while the land acquisition ..... we consider the meanings given in the various dictionaries and the legal pronouncements referred supra, the following would emerge, the word `business' has not been defined or explained in the act or in the rules framed thereunder. the word `business' has to be understood as - trade, or - occupation - profession, or - livelihood, which occupies time, attention and labour of a person .....
Tag this Judgment!Court : Chennai
Reported in : 2003(3)CTC158; (2003)IIILLJ650Mad; (2003)2MLJ793
..... medical college attached to the christian medical college hospital is a medical institution was on the basis of the requirement under the medical council act, the regulations made thereunder, the university regulations, the need for an attached teaching hospital, the objectives of the founder and the history of the appellants association and therefore, ..... division bench observed as follows :'the reasoning of the learned single judge, in our opinion, is quite correct. as already stated, the fact that the university regulations stipulate the inclusion of practical training as part of the educational requirement of medical students does not, in any way, make the christian medical college ..... hospital raised an objection dated 9.1.1990 as to the applicability of the payment of bonus act and prayed for a decision as a preliminary issue. the industrial tribunal, by an order dated 23.12.1993, over ruled the preliminary objection and posted the industrial dispute for enquiry on merits. aggrieved by .....
Tag this Judgment!Court : Chennai
Reported in : (2004)1MLJ284
..... .), : (1984)iillj362sc (ex.capt.k, c.arora & another state of haryana & others), : (1978)illj406sc (madan mohan pathak v. union of india), : (1989)iillj161sc (marathwada university v. seshrao balwant rao chavan) and 1955 sc 188 (ganapathi singhji v. state of ajmer) and contended that in the light of the broad principles set out in the judgment ..... was non application of mind and that it was arbitrary or unreasonable to implement the above said g.os. the learned addl. advocate general relied upon : (1993)iillj741sc (state of west bengal and others v. ratan behari dey and others) in support of his contention that the specification of cut of date, viz., ..... the provisions of the civil service regulations applicable to the government employees will not take away the effect of section 9(a) of the industrial disputes act. according to the learned counsel, the pension regulations themselves will not apply to the electricity board employees who were governed by the existing contract prevailing between .....
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