Court : Chennai
Reported in : (1975)IILLJ536Mad
..... after the de jure merger, the pondicherry civil courts act was enacted, which abolished the jurisdiction of the administrative court at pondicherry and directed that all cases pending before the said court shall be heard and disposed of by the district judge or the additional district judge in accordance with the procedure followed immediately before the commencement of the pondicherry civil courts act, 1966. ..... previously the orders of the administrative court, pondicherry went up in appeal to the conseil d' etat of france, but after the de jure merger, the appellate jurisdiction exercised by the conseil d' etat has been vested in this high court under section 10 of the pondicherry administration act, 1968. ..... i share, the wonder of the learned district judge how a person who entered the service of the municipality in the year 1938 could be presumed to continue as a temporary employee till the year 1965, that is to say, for 27 years, further, the very order of the mayor, by which the respondent was dismissed, expressly refers to the fact that the mayor's order was passed under article 14 of the arrete, which prohibits the mayor from inflicting the penalty of dismissal without getting the opinion of the disciplinary council. ..... by an order dated 30-3-1965 (vide exhibit al) the respondent was dismissed by the mayor for the following reasons:(1) that he was absent from his office during office hours. ..... he was dismissed on 30-3-1965. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad419
..... the competency of the pondicherry legislative assembly to enact the civil courts act and particularly section 6 of the act which indicates in the new set up the successor courts under the act to the existing courts is questioned. ..... it follows that the argument that section 18 of the act xx of 1963 is beyond the powers of parliament under article 239a is devoid of merits, and the pondicherry civil courts act, act xii of 1966, is a valid enactment within the legislative competency of the legislative cassembly of pondicherry.5. w.p. no. ..... indubitably, if the pondicherry legislative assembly has power to enact laws with respect to matters in the state list, it has the requisite legislative power to pass the civil courts act now impugned. ..... in these related petitions under article 226 of the constitution, the validity of the pondicherry civil courts act, xii of 1966 is challenged. w.p. no. ..... "the second limb of the explanation to section 21 answers the contention that the impugned pondicherry act xii of 1966 in general and section 6 of the act in particular are violations of related existing law of the centre with reference to pondicherry.4 ..... on the premises it is argued that there has been an unconstitutional delegation by parliament of legislative powers when under the government of union territories act xx of 1963, it invested the legislative assembly for the union territory of pondicherry legislative powers with respect to entries in the state list of the vii schedule to the constitution. .....
Tag this Judgment!Court : Chennai
Reported in : (2002)2MLJ150
..... section 9(2) of the pondicherry civil courts act, as amended by act 9/1986 from 1.9.1986 provides that appeals the value of which exceeds rs.30,000/- can alone be filed before the high court. ..... it was submitted that the amendment to the pondicherry court fees and suits valuation act came into force on 1.9.1986. ..... . as per the survey plan drawn in the year 1965, no.679 of old survey corresponds to the portion of the north boulevard comprised between the road with idayanchavadi and madras road and one portion of the madras road comprised between the centre and to the extreme southwest of the plot no.159 bis ..... . according to the respondent, the appellant openly denied the title of the real owner only in 1965, and so possession prior to that is not hostile to the real owner and since date of commencement of possession is not specifically mentioned and since assertion of possession to the knowledge of real owner has not been proved, there is no adverse possession ..... . on 8.11.1965, there was a third referee proceeding between the heirs of ponnuranga and the father of the appellant .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ348
..... french civil court, when civil procedure code, 1908 and the transfer of property act were extended to pondicherry even in 1968 and that the lower court also committed an error that the respondents acquired the right within the meaning of sub-section 2 of section 4 of the pondicherry extension of laws act, 1963.7. the further case of the civil revision petitioners/respondents is that the lower court has overlooked the fact that the right to execute a will arise only on the death of the last life estate holder-radhabai ammal viz ..... law, french legal system enabled a person to execute a document without going through the process of regular suit and that on 15.09.1992 there was partition gopal chettiar and two brothers and that on 21.12.1930 the present property was purchased by ramakrishna and that on 25.04.1934 ramakrishna chettiar executed a gift deed giving life estate to balasubbammal and his sister radhabai ammal and on 24.09.1965 ramakrishna expired and legal representatives namely, r.venugopal and r.ganesan @ ..... . r.3 is the death certificate of ramakichenachettiar and his date of death is 24.09.1965, as seen from the death certificate issued by the pondicherry municipality dated 21.07.2003. ex .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad21; 1966CriLJ35; (1965)2MLJ162
..... in such a case, it is obvious that order xxxix, rule 2(3) of the code of civil procedure provides a clear and adequate remedy, the party aggrieved may bring it to the notice of the court granting the injunction, that its decree or order has not been respected, and that court, after due enquiry, may exercise the punitive powers against the person in disobedience, under the terms of that rule. ..... again, where the situation is strictly inter partes and third party rights are not involved, it is clearly more desirable that the court which made the order of injunction, should go into the facts, and ascertain the truth of the alleged disobedience, and the extent to which it has been wilful. ..... the calcutta decision that we have earlier referred to, merely indicates that, under such circumstances, it may not be incorrect for the court to act in contempt jurisdiction; even so, everything will obviously depend upon the particular set of facts in the case that is before the court. ..... we are taking it that there is a temporary prohibitory injunction decree made by the appellate court, which has been disobeyed by the respondent, in the sense that he has erected certain buildings in infringement of that prohibitory injunction. ..... 3 of the contempt of courts act, xxxii of 1952, we are clearly and definitely of the view that, assuming the facts to be as stated by the petitioner, it would not be expedient in the interests of justice to exercise that jurisdiction here, for more than one reason. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad136; 1966CriLJ421; (1965)2MLJ559
..... they will be placed before the judge in charge of the district, in which the subordinate court making the reference is situated, and the chief justice for directions to send the papers to the advocate-general for taking appropriate action; (b) when the contempt consists of words or acts obstructing or tending to obstruct the administration of justice or when a judge or bench of judges of the high court is personally attacked the judge or judges may draw up a charge and send it to the chief justice. ..... sri vasantha pai thereafter challenged the propriety of the orders passed on 12-4-1965, and the further order passed on 28-4-1965, directing the issue of fresh notice to the respondent, and alleged that such orders would not cure the defect in the admission and posting of the application in november 1964. ..... by his order dated 5-4-1965, will have the effect of depriving the party, who made them, of the opportunity of relying on them in the civil proceedings; it will also relieve the opposite party from the need to controvert them in the same civil proceedings. ..... we proceed therefore on the basis that the defects if any in the constitution of the bench before whom the application was first posted in november 1964 for admission, and which ordered the issue of notice on 10-11-1964, have to be deemed as remedied, in view of the subsequent orders passed on 12-4-1965 and 28-4-1965. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1969Mad273; [1969(18)FLR146]; (1969)IILLJ133Mad
..... 893 of 1968 is by the same petitioner for the issue of writ of mandamus directing the government of madras represented by the secretary, department of industries, labour and housing to grant the exemption as prayed for by the petitioner in its application dated 24-11-1967 for a partial exemption under section 36 of the payment of bonus act, 1965. ..... , pasumalal is informed that its request for partial exemption under section 36 of the payment of bonus act 1965 from payment of minimum bonus for the years 1965 and 1966 under the above act, cannot be complied with'. ..... section 10 of the payment of bonus act, 1965, provides that every employer shall be bound to pay to every employee in an accounting year a minimum bonus which shall be four per cent of the salary or wage earned by the employee during the accounting year whether there are profits in the accounting year or not. ..... the petitioner mills paid 2 per cent bonus for 1965 and 1966 on 18-10-1967 and 19-10-1967, subject to the government exempting the petitioner from the operation of the provisions of section 10 of the act on 24-11-1967, the petitioner applied to the government for partial exemption to enable it to pay 3 per cent bonus for each year. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1967Mad162; 1967CriLJ551
..... the respondent seems to have strongly objected to this, because the magistrate was inclined to act on the suggestion of the sub-inspector, by permitting reexamination of the witness, and the point of the respondent was that it was illegal thus to permit an officer, who had conducted the investigation, to take part in the trial. ..... (4-a) the other part of the argument of learned counsel is that the facts have to be strictly proved, and that the affidavit of the magistrate cannot, in any event, be conclusive evidence of the words said to have been uttered by the respondent: here, it is stressed that the affidavit or report, whichever it may be termed, was admittedly drawn up two days after the incident had occurred. ..... but, in the face of the specific denials in the two affidavits, and, considering the entire circumstances, we are inclined to give the benefit of the doubt to the respondent about the expression said to have been used. ..... the first argument is that even assuming that the words were uttered precisely as alleged by the magistrate, that is, that these are ipsissima verba of the respondent correctly set forth, nevertheless, proceedings under the contempt of courts act would be not merely misconceived, but barred, by the operation of s. ..... 2896 of 1965 for trial, in which the accused was one kaliammal charged under s. ..... the magistrate states that, on 28th june 1965, after he pronounced judgments in three cases convicting the concerned accused under s. .....
Tag this Judgment!Court : Chennai
Reported in : 1999(2)CTC236
..... by virtue of g.o.ms.no.44 home (cinema-a) department dated 7.1.1991 the provisions of the public buildings (licensing) act, 1965 and the rules made thereunder are in conflict with the provisions of the cinema regulation rules for the reason that the structural soundness certificate has to be issued by the executive engineer under the tamil nadu cinema regulation rules. ..... learned senior counsel has argued that 'public buildings' are defined under section 2(8) of the tamil nadu public buildings (licensing) act, 1965 which did not include 'cinema theatres' as the class of buildings constituting cinema theatres were to be approved under the provisions of the tamil nadu cinema (regulation) act. ..... the petitioners have been empowered to inspect and issue a certificate of structural soundness as required under the tamil nadu public buildings (licensing) act, 1965 so as to enable public buildings to be licensed for the use of the public. ..... under the circumstances, it has to be held that the government has acted in an arbitrary manner in deleting the provisions under sub-rule (6) under rule 40, sub-para 2 of sub-rule (i) under rule 44 and sub-rule (3) under rule 92 while promulgating g.o.ms.no.44 home (cinemas-a) department dated 7.1.1991. .....
Tag this Judgment!Court : Chennai
Reported in : (2003)ILLJ20Mad; (2002)3MLJ390
..... .'it is to be noted that at the time of enactment of the act in 1965, the ceiling of a salary or wage was fixed at rs.1,600/-, it was subsequently enhanced to rs.2,500/-, and by amendment act 34/1995, the ceiling was raised to rs.3,500/- with effect from 1-4-93 ..... . in order to appreciate the rival contentions, it is useful to refer the definition 'employee'in section 2(13) of the payment of bonus act, 1965 (hereinafter referred to as 'the act') ..... . prasad, learned counsel for the petitioner association, by drawing my attention to section 2(13) of the payment of bonus act, 1965, would contend that the ceiling imposed therein is bad, unjustified, unrealistic and violative of article 14 of the constitution of india ..... . with the above observation, i hold that section 2(13) defining an employee in the payment of bonus act, 1965 is constitutional, valid in law and the same is not liable to be struck down ..... . i hold that section 2(13) of the payment of bonus act, 1965 defining an employee is constitutional and the same is valid in law ..... . gopalan, learned additional solicitor general, by pointing out that unless those provisions are in pari materia with payment of bonus act,1965, the same cannot be cited as a binding decision for the issue in question ..... . likewise, bonus after the enactment of payment of bonus act, 1965, is a statutory right ..... . section 2(13) of the payment of bonus act, 1965, defining 'employees' by which employee drawing more than 2,500 rupees would be ineligible for bonus .....
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