Court : Chennai Madurai
..... 56, the bombay high court held that, when the words of statutes are clear, plain or unambiguous, and reasonably susceptible to only meaning, courts are bound to give effect to that meaning irrespective of the consequences. ..... where the language of the act is clear and explicit, the court must give effect to it, whatever may be the consequences, for in that case the words of the statute speak the intention of the legislature.'' 10. ..... where the laguage of an act is clear and explicit, the court must give effect to it, whatever may be the consequences, for in that case the words of the statute speak the intention of the legislature. ..... lj 282, the court held, the cardinal rule for the construction of acts of parliament is that they should be construed according to the intention expressed in the acts themselves. ..... state of madras reported in air 1953 sc 274, the supreme court held, it is settled rule of construction that to ascertain the legislative intent all the constituent parts of a statute are to be taken together and each word, phrase and sentence is to be considered in the light of the general purpose and object of the act itself. ..... when the material words are capable of two constructions, one of which is likely to defeat or impair the policy of the act whilst the other construction is likely to assist the achievement of the said policy, then the courts would prefer to adopt the latter construction. .....
Tag this Judgment!Court : Chennai Madurai
..... in respect of the question as to whether the words 'not dedicated to the public use' envisaged under section 12(2) are only in reference to the land or work that has to be carried out by the respondents/board, the judgment delivered by the bombay high court reported in air 1958 bom 510 (state and anr vs. ..... but, in the absence of non-obstante clause in section 164 of the 2003 act, unlike section 51 of the 1910 act, now the licencee cannot straightaway erect high tension electricity lines/towers in the land of the petitioners by invoking the powers as provided under section 10of the indian telegraph act, by bypassing section 12(2) of the indian electricity act, 1910; thus, according to the learned counsel for the petitioners, the consent of the land owner is mandatory. 25. ..... , state transmission utility, licensee, transmission licensee or any other person engaged in the business of transmission or supplying energy to the public under this act, subject to such conditions and restrictions (if any) as the central government or the state government, as the case may be, may think fit to impose, and to the provisions of the indian telegraph act, 1885 any of the powers which the telegraph authority possess under the act, with respect to the placing of telegraph-lines and posts for the purpose of a telegraph established or maintained by the government or to be so established or maintained." 23. .....
Tag this Judgment!Court : Chennai Madurai
..... of postponing the trial, discharge the accused and deal with him in the manner provided under section 330: provided that if the magistrate or court finds ..... ] (2)if such magistrate or court is informed that the person referred to in sub-section (1-a) is a person of unsound mind, the magistrate or court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the magistrate or court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the magistrate or court finds that no prima facie case is made out against the accused, he or it shall, instead ..... therefore, the court cannot come to a conclusion that the act of the first accused would come within the purview of section 323 of the indian penal code. 29. .....
Tag this Judgment!Court : Chennai Madurai
..... against the above arguments vehemently raised by the defendants, the complainant without disputing that the deals are bonafide heavily relied on the judgment of the bombay high court, dated 05.08.2010 in mr.radha mohan lakhotia vs.deputy director, pmla, directorate of enforcement, mumbai in first appeal no.527/2010. ..... burden of proof in any proceeding relating to proceeds of crime under this act, (a) in the case of a person charged with the offence of money-laundering under section 3, the authority or court shall, unless the contrary is proved, presume that such proceeds of crime are involved in money-laundering; and (b) in the case of any other person the authority or court, may presume that such proceeds of crime are involved in money-laundering. 22. ..... indeed, the proviso to sub-section (1) as was applicable at the relevant time envisaged that no order of attachment can be made unless, in relation to the offence under paragraph 1 of part a and part b of the schedule, a report has been forwarded to a magistrate under section 173 of the code of criminal procedure, 1973; or paragraph-2 of part a of the schedule, a police report or a complaint has been filed for taking congnizance of an offence by the special court constituted under section 36(1) of ndps act, 1985. .....
Tag this Judgment!Court : Chennai Madurai
..... subsequently, in pushpa ram thapa (supra), when similar issue arose, the bombay high court referring to suresh sham singh (supra) upheld the appointment of a police officer as an executive magistrate under section 20(1)(2) cr.p.c. 35. ..... " 25.reading sub-sections (1), (2) and (5) of section 20 in conjunction, we are of the view, that the state has power to appoint the commissioner of police of brihan bombay as an executive magistrate and further appoint him as an additional district magistrate, who shall have the powers of district magistrate for the purposes of sections 18 and 20 of the act. ..... the state government shall now appoint the commissioner of police as an executive magistrate in brihan bombay and shall further appoint him as an additional district magistrate, who shall have the powers of district magistrate for the purposes of sections 18 and 20 of the act. 34. ..... the following notification will be published in an ordinary issue of the tamil nadu government gazette, dated twentieth february, 2014:- notification in exercise of the powers conferred by sub-section (1) of section 20 read with sub-section (1) of section 22 of the code of criminal procedure, 1973 (central act 2 of 1974), the governor of tamil nadu hereby appoints the officers specified below to be executive magistrates in the respective police district so as to exercise the powers conferred under section 107 to 110 of the said code:- 1. .....
Tag this Judgment!Court : Chennai Madurai
..... thus section 140 of the act could be read into adjudication proceedings resulting in penalty under section 112(a) of the act provided the act or omission on the part of any person in making the goods liable to confiscation is also an offence under section 135(1)(a) of the act. ..... paid towards the demand is upheld. ..... the said issue is no longer res integra, in the light of the full bench udgment rendered by bombay high court reported in 2016 (335) e.l.t. ..... nos.12 to 15 of 2011 before the commissioner of central excise (appeals), madurai-2 and all the appeals were taken up for disposal and the appellate authority has reduced the penalty from rs.1,00,000/- imposed on the appellant herein to a sum of rs.50,000/- and modified the impugned order as stated below: "order the impugned order-in-original is modified as under (a) demand of duty of rs.3,76,086/- on m/s.paragon paper private limited under sub section (2) of section 11a of central excise act 1944 and adjustment the same amount already .....
Tag this Judgment!Court : Chennai Madurai
..... and at para 10, among other things, it is observed as under: 10.......as observed by the bombay high court, the passport authority, in future cases of similar nature, may inform the applicants, against whom any criminal case is pending, about the notification of the central government and may inform such applicant that they may approach the concerned and if any such order is passed by the magistrate, permitting such applicant to go abroad, the passport authority may dispose of such applications in view of the notification and in view of the provisions of the passport act. ..... as observed by the bombay high court, the passport authority, in future cases of similar nature, may inform the applicants, against whom any criminal case is pending, about the notification of the central government and may inform such applicant that they may approach the concerned and if any such order is passed by the magistrate, permitting such applicant to go abroad, the passport authority may dispose of such applications in view of the notification and in view of the provisions of the passport act. ..... as a matter of fact, the aforesaid judgement of the bombay high court reported in air 1997 bombay 181 was followed by the gujarat high court in the decision in the case of dhiren baxi .vs. .....
Tag this Judgment!Court : Chennai Madurai
..... since it is represented before this court that the petitioner is travelling abroad in the first week of july 2016, the passport officer of the regional passport office, trichirapalli is to act on the receipt of copy of the orders passed by the criminal court in the subject matter in issue expeditiously and diligently, considering the proposed visit of the petitioner to a foreign country. 19. ..... at this juncture, learned senior counsel for the petitioner projects an argument that the petitioner is occupying an important position as a clobal link officer, trichy-tanjore diocese and he has to travel frequently to foreign countries and therefore, the impugned order dated 05.05.2016, passed by the respondent to the effect that the passport cannot be issued to the petitioner, unless there is clear no objection to issue passport from the concerned criminal court, where the applicant is facing trial or any higher court' is per se invalid in the eye of law. 8. ..... in the same breath, when the criminal case in c.c.no.836 of 2007 is pending against the petitioner on the file of the learned judicial magistrate, no.i, karur, then, it is incumbent on the part of the petitioner to file necessary miscellaneous application before the said court and to seek permission of the said court to travel abroad. ..... at this stage, this court aptly points out the decision reported in air 1997 bombay at p.181 (deepak dwarkasingh chhabira v. .....
Tag this Judgment!Court : Chennai Madurai
..... however, the application to set aside the exparte award, in i.a.no.188 of 2011 was dismissed by the labour court, on the ground that after the publication of the award, in the gazette, the labour court becomes functus officio and that therefore the labour court does not have the power to set aside the exparte award. 5. ..... l.h.patel reported in (2009) 2 supreme court cases 81, the honourable supreme court made a reference to industrial disputes (bombay) rules, 1957, which was similar to the tamil nadu industrial disputes rules, 1958 and held that the labour court would have the power to set aside the exparte award. ..... rule 48(1) of the tamil nadu industrial disputes rules, 1958, mandates that if any party to the proceedings before the labour court fails to attend the proceedings, the court or tribunal may proceed as if the party has duly attended or had been represented. ..... hans raj reported in 2004-iii-llj-1141, the honourable supreme court held that the industrial court will have jurisdiction to set aside an exparte award, provided an application is filed before the expiry of 30 days from the publication thereof. ..... the first is as to whether the labour court has the power to set aside an exparte award, after the publication of the award in the gazette. ..... he raised an industrial dispute, under section 2a of the industrial disputes act, 1947, in i.d.no.22 of 2006, relating to his non-employment. ..... this was in view of section 17-a of the industrial disputes act, 1947. 8. .....
Tag this Judgment!Court : Chennai Madurai
..... the state of maharashtra [order dated 16.07.2014], submitted that by considering the scope and ambit of section 67 of the motor vehicles act, the bombay high court issued certain directions. ..... the learned senior counsel further made reliance on certain judgements of the hon'ble supreme court in order to substantiate his submissions that this court has jurisdiction to entertain the litigation in question in the larger interest of public and to issue necessary directions to the government, as done by the bombay high court. 8 ..... the state of maharashtra [order dated 16.07.2014], wherein the bombay high court, under similar circumstances, directed the government to appoint an expert committee to make appropriate recommendations and has further issued a direction to the government to notify the fares for contract carriages so as to avoid contract carriage operators from illegally fixing individual fares and collecting the same. 24 ..... fares for the passengers to travel in the contract carriages has been allowed to be committed with impunity by the contract carriage operators and since so far the government has not obtained any report from the experts and to notify the fares for the contract carriages, as required under section 67 of the motor vehicle act, we deemed it absolutely necessary for this court, in public interest, to appoint an expert committee to make necessary recommendations so that the government shall notify the fares for the contract carriages, as per section 67 of the act. .....
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