Court : Chennai
Reported in : (1982)IILLJ342Mad
..... for unless there is material on the record before the court in support of that allegation, an attempt by the court to find out from the record whether the termination of service is based on the unsuitability of the government servant in relation to the post held by him or is in reality an order by way of punishment will in effect be an un-warranted attempt to delve into the official records for the purpose of determining the nature of the order on the basis of a mere allegation of the government servant. ..... the contentions of the government pleader is that, if the words used in the impugned order do not bring about any of these reflections on the government servant, whatever other acts done or actions done or actions taken by the state cannot in any manner vitiate the order. ..... , observed as follows 'we agree with the learned judges who constituted the division bench of kerala high court that the respondent was only a temporary government servant and that even as a temporary government servant he is entitled to the protection of art. ..... shanavas, advocate was taken by the chief judicial magistrate, coimbatore. ..... mazdoor sabha, : (1980)illj137sc , is as follows : 'the form of the order of termination or the language in which it is couched is not conclusive. ..... he was then promoted as an assistant and posted in the health and family welfare department on 12-2-1970. .....
Tag this Judgment!Court : Chennai
Reported in : [2000(87)FLR760]; (2000)IILLJ1646Mad
..... the learned government advocate also stated that when the government had power to apply the provisions of the act to any classes of employees then unless this power is challenged the appellant cannot say that the act cannot apply to the christian medical college hospital.13. ..... the learned single judge in his judgment referred to the decision of the supreme court in : (1986)illj155sc , to hold that when an establishment which is a factory engaged in an industry specified in schedule i of the employees' provident funds and miscellaneous provisions act will be liable for coverage under the act and it was not possible to exclude merely because it is part of a larger organisation carrying on some activity which may not fall within the scope of the act. ..... the supreme court stressed in the decision that while interpreting social welfare legislation the courts cannot adopt a narrow interpretation to defeat the purposes of the act.17. ..... since the founder of this institution wished to train women doctors in 1906, a nurses training course was started and in 1980, a medical school for women was born. .....
Tag this Judgment!Court : Chennai
Reported in : [1999]96CompCas563(Mad); (1999)113STC145
..... the learned government advocate (taxes) with equal force contended that there are no merits whatsoever in the submissions on behalf of the appellant, that the charge created under the special enactment is, wider than the mortgage and that so far as the case on hand is concerned, even the moment the return has been filed admitting the taxable turnover, the charge became attracted for the amount of tax due but not paid, and there is no infirmity or constitutional invalidity in the provisions enacted by way of amendment to sections 24(2) and 26(6) of the tamil ..... projected only on the ground that the amended provisions of sections 24(2) and 26(6) of the tamil nadu general sales tax act, 1959, in so far as they purport to be the first charge even over and above the secured creditors, who hold charge under a mortgage are inconsistent with the provisions of the transfer of property act, 1882, a central act and that in the absence of any consent obtained for the amendment act from the president of india under article 254(2) of the constitution of india, the same cannot prevail against the transfer of property .....
Tag this Judgment!Court : Chennai
Reported in : AIR1985Mad119
..... passed as war-time legislations to meet certain contingencies, that the legislation intended to give relief to tenants as a welfare legislation, requires periodical review with reference to changing circumstances in a developing country like india, that as such, the provisions impugned in these proceedings, which were enacted in the year 1960, have lost their relevance and the provisions of the act do not take into consideration the hardship the tenants have been put to over the,-years in securing accommodation in business localities for business purposes. ..... the objects sought to be achieved by the act are to be found in the preamble to the enactment and they are in the following terms :'whereas it is expedient to amend and consolidate the law relating to the regulation of the letting of residential and non-residential buildings and the control of rents of such buildings and the prevention of unreasonable eviction of tenants therefrom in the state of tamil nadu'.from the above, it will be seen that the objects of the act are (1) to provide for regulation of the letting of residential and non-residential buildings, (2) the control of rents of such, buildings and ..... lajwanti, : [1980]1scr854 . ..... : [1980]1scr368 . .....
Tag this Judgment!Court : Chennai
Reported in : [1997]223ITR68(Mad)
..... for the failure on the part of the first respondent-firm to deduct tax at source from the amount of interest paid to the creditors and thereafter to remit the same within seven days from the last day of the month in which deduction was made or within two months of the expiration of the month in which the date of crediting to the parties amount falls, to the credit of the government of india's account as stipulated in rule 30(1)(b) of the income-tax rules, 1962, which is without reasonable cause or excuse, the department seeks to prosecute the first respondent-firm ..... therefore, summons under section 131 of the act were issued to the assessee on november 13, 1986, asking them to appear on november 21, 1986, with books of account for the years ended march 31, 1980, to march 31, 1983. ..... therefore, it is possible to hold, that the legislature, when it introduced this welfare legislation, did not intend to punish every partner or every director for non-payment of the contribution, for apart from being directors or partners, they may not have the ultimate control over the affairs of the factory. ..... gopinath, advocate, entered appearance on his behalf.11. .....
Tag this Judgment!Court : Chennai
Reported in : I(1997)DMC652
..... if the husband is not paying the amount as directed, the lower court should have exercised the option of staying the proceedings, or should have dismissed the petition itself for non-compliance of direction of court, with liberty to the petitioner (wife) to execute the order under section 28 of the hindu marriage act. ..... as the object of this provision is to enable the party conduct the defence without being handicapped by poverty, the court can grant stay of the proceedings on being moved by the party or not, in the exercise of the inherent power of the court, to see that the order granting interim maintenance and expenses under this section is complied with. ..... of interim alimony and litigation expenses, pendente lite to a spouse, who is financially weaker than the other, with a view to enable him or her to conduct the proceedings in a matrimonial cause and secure speedy justice, should be regarded as a sine qua non of justice and the argument that resort to execution proceedings can be had against the defaulting spouse or that other proceedings can be taken, cannot be countenanced, especially when enforcement of such order otherwise than by execution, is neither prohibited ..... krishna pilloi, a case before the kerala high court, paripoornan, j. ..... the learned judge further observed that passing such an order will be in the welfare of the child. ..... including advocate's fees, the same is fixed at rs. ..... the appellant wife could not appear in the proceedings for want of funds. .....
Tag this Judgment!Court : Chennai
Reported in : [1993]76CompCas67(Mad)
..... been partly in practice as an advocate for a total period of ten years : or (v) is, or has been, fr at least fifteen years in ractice as a - (a) chartered accountant under the chartered accountants act, 1949 (38 of 1949) : or (b) cost accountant under the cost and workd accountants act, 1959 (23 of 1959) ; or (vi) has, for at least fifteen years working experience as a sectretary in whole time practice as defined in clause (45a) of section 2 of the companies act, 1956 (1 of 1956,) and is member of the institute of company secretaries of india under the company secretaries act, 1980 (59 of 1980) (2) a person shall not ..... be eligible for appointment as member unless he has completed the age of forty-five years.' 26. .....
Tag this Judgment!Court : Chennai
Reported in : 2000(2)CTC478
..... we, therefore, hold thatsection 10' of the delhi education act which requires that the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less then those of the employees of the corresponding status in schools run by the appropriate authority and which further prescribes the procedure for enforcement of the requirement is a permissible regulation aimed at attracting competent staff and consequently at the excellence of the educational institution. ..... apart from the learned judges who constituted the nine judge bench, other learned judges have also indicated the same view in the leading case of the kerala education sill, air 1958 sc 956 the constitution bench observed that, as then advised, the were prepared to treat the clauses which were designed to give protection and security to the ill paid teachers who were engaged in rendering service to the nation as permissible regulations. ..... mr.vijay narayan, learned counsel appearing for the first respondent in all the writ petitioner and the government advocate (education) for the either respondents. 4. ..... government of andhra pradesh, : [1980]2scr924 , chandrachud, c.j. .....
Tag this Judgment!Court : Chennai
Reported in : (1997)140CTR(Mad)288; [1997]228ITR121(Mad)
..... in a matter while the high court unanswered the question and returned the reference it is possible to recall such an order and rehear the reference, but in a case where the high court on merits answered the question referred to it in the absence of the counsel for the assessee, it is not possible to recall the said order, since that would amount to reviewing its earlier decision which is not possible under the provisions of the it act, 1961. ..... 256 of the it act, of 1961 is a special jurisdiction of a limited nature conferred not by the cpc or by the charters or by the special acts constituting such high courts but by the special provisions of the it acts of 1922 or 1961 for the limited purpose of obtaining the high court's opinion on questions of law. ..... cit : [1974]96itr29(ker) (fb), wherein the kerala high court held as under : '... ..... even in the abovesaid decision, the supreme court pointed out that there is nothing in any of the provisions of the indian it act, 1922, which either expressly or by necessary implication stands in the way of the high court from passing an order for disposal of the reference on merits. ..... reliance was also placed upon the full bench decision of the kerala high court in k. ..... the petitioner/assessee came to know about the result in the tax case through a letter written by an advocate mr. k. c. ..... in re : [1980]124itr828(all) . .....
Tag this Judgment!Court : Chennai
Reported in : II(1996)DMC21; (1996)IMLJ271
..... regard to all the facts and circumstances of the case including the physical, mental and social condition of the parties concerned; their status, perhaps social, economic and physical; the nature of the differences between the spouses; the welfare of the children, if any, of the marriage; the conduct of the parties towards each other during coverture and thereafter, including the conduct of the parties in the course of the prosecution of the matrimonial petition, if necessary depending on the nature of each case; and possibly what the court ought to regard as the prevailing notions regarding the conduct and ..... solemnised, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-(i) xxx(i-a) has, after the solemnization of the marriage, treated the petitioner with cruelty; or(i-b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; xxx xxx xxx xxx'section 9 deals with reasonable excuse for withdrawing from the society of the other, whereas section 13 contemplates ..... santosh sharma, 1980 hindu l.r. ..... 1980 kar 8, dr. .....
Tag this Judgment!