Court : Chennai
..... the third dying declaration is ex.p.14, said to have been given by the deceased to p.w.19, mr.m.sridhar, the then judicial magistrate, pondicherry at 01.45 pm on 01.05.2010 and the dying declaration was recorded by p.w.19 with the help of one dr.karthik raichurkar. ..... according to the learned counsel for the appellant, the deceased has stated in her dying declaration that her husband, the appellant / accused had accompanied her to the hospital, however, implicated the person, as if he poured the kerosene and set fire, which would show that she was interested to implicate her husband / appellant and getting him punishment, however, the evidence would show that the deceased had committed only suicide. ..... subsequently, to the marriage with the deceased, in the course of same transaction, the accused made unlawful demand of dowry such as two wheeler and money in connection with his marriage with the deceased wife and thereby the accused is liable to be punished under section 4 of dowry prohibition act, 1961. 4. ..... 302 ipc and 4 of dowry prohibition act, 1961 were framed and the same were read over and explained to the accused. ..... the accused is found not guilty under section 4 of dowry prohibition act and he is acquitted from the said charge. .....
Tag this Judgment!Court : Chennai
..... have been the ultimate conclusion of this court ..... court pointed out although the division bench of this court did consider the matter with reference to section 11 of the act and observed that if the impugned trade mark of the petitioner herein is seen as a whole with the trade mark of the fourth respondent herein without making any dissection or splitting up the word into several words, it would not cause any confusion in the minds of the purchasers, held that in the light of the flawed application of the two aspects pertaining to sections 9 and 11 of the act, it is difficult to visualize what would ..... navaratna pharmaceuticals laboratories, reported in air 1965 sc 980 andruston and hornsby ltd. v. .....
Tag this Judgment!Court : Chennai
..... 1834 of 2015 and the prayer is to stay the operation of the order passed by the bar council of tamil nadu and pondicherry (herein after referred to as bar council ? ..... thus, after the coming into force of the advocates act, 1961 with effect from 19-5-1961, matters connected with the enrolment of advocated as also their punishment for professional misconduct is governed by the provisions of that act only. ..... the disciplinary committee of the bar council of the state is vested with the power to stay the order of punishment pending initiation of appeal under section 40(2) of the act. ..... section 6 of the advocates act, 1961, (hereinafter referred to as the act) deals with the functions of bar councils. ..... the supreme court observed that the role of bar council under the advocates act is comparable to the role of a guardian in professional ethics. 30. ..... similarly section 6(1)(i) of the act enables the bar councils to do all other things necessary for discharging the aforesaid functions. ..... the registration before the bar council under chapter iii of the act is a mandatory requirement for practising the profession of law. ..... it is the primary contention of the petitioners that the bar council has no power under the advocates act, 1961 to pass such prohibitory orders pending disposal of disciplinary proceedings. 10. ..... section 35 of the advocates act makes it clear that the bar council must have reason to believe that the advocate concerned has been guilty of professional misconduct. .....
Tag this Judgment!Court : Chennai
..... 9(6) of the abovesaid rules, for exercising the powers, under rule 9(1), departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the government servant or pensioner, or if the government servant has been placed under suspension from an earlier date, on such date; and judicial proceedings shall be deemed to be instituted, (i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the magistrate takes cognizance, is made, and (ii) in the case of civil proceedings, on the date the plaint is presented in the court. 9. ..... even taking it for granted that the suit in o.s.no.11 of 2010, instituted by the wife of the 1st respondent, against the writ petitioners and her husband, 1st respondent herein, as one falling under the definition judicial proceedings, in common parlance, when the said proceedings are considered, with reference to what is specifically stated in rule 9(1) of the ccs (pension) rules, in our considered view, they do not fall within the ambit of rule 9(1) of the ccs (pension) rules, enabling the authorities to exercise their powers, under rule ..... 1965 pun 1 approved the decision of the learned single judge. .....
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..... may be; c) not represent a client in any matter to which the customs broker, as a former employee of the central board of excise and customs gave personal consideration, or as to the facts of which he gained knowledge, while in government service; (d) advise his client to comply with the provisions of the act and in case of non-compliance, shall bring the matter to the notice of the deputy commissioner of customs or assistant commissioner of customs, as the case may be; (e) exercise due diligence to ascertain the correctness of any information which he imparts to a client with reference ..... the municipal board [air 1965 sc 895], a constitution bench of the supreme court held that the question whether a particular provision is mandatory or directory, cannot be resolved by laying down any general rule and that it would depend upon the facts of each case. ..... the municipal board [air 1965 sc 895], a constitution bench of the supreme court held that the question whether a particular provision is mandatory or directory, cannot be resolved by laying down any general rule and that it would depend upon the facts of each case. ..... the state of bombay and others), air 1965 sc 895 (raza buland sugar co. ..... the state of bombay and others), air 1965 sc 895 (raza buland sugar co. ..... in air-1965-sc-895 (raza buland sugar co. .....
Tag this Judgment!Court : Chennai
..... ?- (go no.933, home (judl) of 03-5-1917) (iii) to sub-rule (1) add the following proviso:- provided that, in appeals from decrees or orders under any special or local act to which the provisions of parts ii and iii of the limitation act, ix of 1908, do not apply and in which certified copies of such decrees or orders have not been granted within the time prescribed for preferring an appeal, the appellate court may admit the memorandum of appela subject to the production of the copy of the decree or order appealed from within such ..... . also this court refers to order viii [under the head of 'preparation of the record in appeals against original decrees of sub-ordinate courts'] rule 9 of the madras high court appellate side rules, 1965 which enjoins as follows: r.9.the records shall be arranged into two parts- (a) pleadings pleadings shall include - (i) a table of contents with reference to the appropriate pages in the record; (ii) the plaint, written statement and reply statement, if any; (iii) the judgment and decree and schedules thereto; (iv) grounds of appeal ..... . (vii) the following amendments were made by tamilnadu government gazette, dated 17.9.1980, part iii s2, p.222 and pondicherry government gazette dated 14.10.1980 p.758 .....
Tag this Judgment!Court : Chennai
..... the future prospects of advancement in life and career should also be sounded in terms of money to augment the multiplicand (annual contribution to the dependants); and that where the deceased had a stable job, the court can take note of the prospects of the future and it will be unreasonable to estimate the loss of dependency on the actual income of the deceased at the time of death.in that case, the salary of the deceased, aged 39 years at the ..... mines, manganese mines, china clay mines, kyanite mines, copper mines, clay mines, magnesite mines, white clay mines, stone mines, steatite mines (including the mines producing soap stones and talc), ochre mines, asbestos mines, fire clay mines, chromite mines, quartzite mines, quartz mines, silica mines, graphite ..... the compensation awarded by the national consumer disputes redressal commission from rs.15 lakhs to rs.1 crore, the hon'ble bench made the following observations which can appropriately be applied for deciding the petitions filed under section 166 of the act: we must emphasise that the court has to strike a balance between the inflated and unreasonable demands of a victim and the equally untenable claim of the ..... the change in societal conditions must consider the question not only having regard to pay packet the employee carries home at the end of the month but also other perks which are beneficial to the members of the ..... james, (1965) i all e r 563, it was observed: "although you cannot give a man so gravely injured much for his .....
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..... bar council of india, (w.p.no.12528 of 2011, dated 20.10.2011), learned advocate general submitted that when the petitioners therein, sought for a prayer to strike down clause 28 of the rules of legal education, 2008, the hon'ble division bench of the punjab and haryana high court considered the validity of the rules, with reference to the provisions of the advocates act, 1961 and taking note of the decision of the hon'ble apex court in indian council of legal aid and advice and others v. ..... referring to the counter affidavit filed by the bar council of tamil nadu and pondicherry, chennai, in the present writ petition, learned counsel for the petitioner submitted that when the rules of legal education, 2008, were framed in consultation with the experts and as per section 7(1)(h), the functions of the bar council of india, shall be to promote legal education and to lay down standards of such education in consultation with the universities in india, imparting such education and state bar councils, the contention of the bar council of tamilnadu ..... state of rajasthan reported in air1965sc845= 1965 (1) mlj (sc) 57, the supreme court held as follows: ?.the dictionary meaning of the word, ?.amend?. .....
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..... in infant jesus teacher training versus m.manikandan (rev.appn.no.38 of 2010 in w.a.no.1145 of 2009, dated 31.08.2010).referring to various decisions of the hon'ble apex court as well as this court, has considered the scope of review and held as follows in paragraphs 14, 31 and 32 of the order: ?.14.considering the scope of review jurisdiction and holding "mistake or error apparent on the face of the record must be self evident and does not require a process of reasoning, in parsion devi v. sumitri devi, ((1997) 8 ..... basic service, through employment exchange, have to be appointed as against regular vacancies in regular time scale of pay, with reference to age and education qualifications, in any one of suitable posts in the tamil nadu basic service and further contending that a clarification has also been issued by the 1st appellant, clarifying that part-time employees, who were employed through employment exchange, should also be appointed in regular time scale of pay and based ..... it will be relevant to quote the order passed by this court in w.p.no.12332 of 2010 dated 26.11.2009 relying upon the norms laid down under the tamil nadu industrial establishment (conferment of permanent status to workmen) act and also relying upon the decision reported in 1991 wdr417(k.duraisamy ..vs.tamil nadu electricity board, rep.by its chairman, chennai and two others0, ordering regularization of the services of a water supply attender in a village ..... of rajasthan, (1965) 1 scr933at p.948 .....
Tag this Judgment!Court : Chennai
..... if a criminal trial or enquiry takes a long time, it is ordinarily not open to the court to interfere in case of suspension as it is in the exclusive domain of the competent authority who can always review its order of suspension being an inherent power conferred upon them by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case pending would be concluded after an unusual delay for ..... in other words, it is to refrain him to avail further opportunity to perpetuate the alleged misconduct or to remove the impression among the members of service that dereliction of duty will pay fruits and the offending employee may get away even pending inquiry without any impediment or to provide an opportunity to the delinquent officer to scuttle the inquiry or investigation to win over the other witnesses or the delinquent having had an opportunity in office to impede the progress of the investigation or inquiry etc. ..... there cannot be any doubt that the rules 1965 are a self contained code and the order of suspension can be examined in the light of the statutory provisions to determine as to whether the suspension order was justified. .....
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