Judgment Search Results Home > Cases Phrase: the pondicherry settlement act 1970 Page 5 of about 21,582 results (0.461 seconds)

Management of GE Power Controls Private Ltd. and Anr. Vs. Workmen of G ...

Court : Chennai

Reported in : [2005(104)FLR758]; (2005)IILLJ34Mad; (2005)1MLJ165

..... it was alleged that the first respondent-company had been removing production machinery from hosur plant to pondicherry and karnataka plant gradually after the wage settlement. ..... prakash, learned senior counsel who appeared for the petitioner-union in the writ petition submitted before the learned single judge that the management taking advantage of the clause available in the certified standing orders that the workmen are liable to be transferred to any place, is seeking to transfer them to g.e. ..... 3837 of 2004, dated december 14, 2004 that when there is allegation of violation of some provision of the industrial disputes act, the only remedy for the workmen is to raise an industrial dispute under the industrial disputes act, and get the matter referred to the labour court or industrial tribunal. ..... prakash, learned senior counsel before the learned single judge that various provisions of the industrial disputes act have been violated by the impugned decision.10. ..... no writ petition will directly be entertained without first approaching the fora under the industrial disputes act. ..... the first respondent-company had applied for permission for lay-off under section 25-m of the industrial disputes act, which was rejected on october 17, 2000.6. .....

B. Raghumaran (Rep. by his Power Agent, R. Bharathidasan) Vs. Pushpaba ...

Court : Chennai

..... under section 11(2) of the pondicherry court fee and suit valuation act, 1972 praying the court to decide on the valuation and the adequacy of court fee paid, whereupon the court rendered its verdict on 18.10.2007 to the effect that the court fee should have been paid on the market value of the property referred to in the impugned settlement deed and not notionally in a sum of rs.15,000/- by invoking section 25(d) of the said act. ..... after referring to the observation of the full bench of the lahore high court that in deciding whether a suit is purely declaratory, the substance and not merely the language of the form of the relief claimed should be considered, the court quoted the following passage: it seems to me that neither the answer to the question whether the plaintiff is or is not a party to the decree or the deed sought to be declared as null and void, nor to the question whether the declaration sought does or does not fall within the purview of section 42, specific relief act, furnishes a satisfactory or conclusive ..... phulwati [air 1970 allahabad 446], wherein the court observed in paragraphs 12 and 13 as follows: "12. .....

Kannan and anr. Vs. Tamil Talir Kalvi Kazhagam

Court : Supreme Court of India

Reported in : 1998VAD(SC)637; AIR1998SC2224; JT1998(4)SC212; (1998)IIIMLJ81(SC); 1998(3)SCALE636; (1998)5SCC21; [1998]3SCR497

..... the short question raised is whether, on the facts and circumstances of this case, the appellants are validly depositing the rent under section 9(3) of the pondicherry buildings (lease and rent control) act, 1969, (hereinafter referred to as 'the act'), could they be treated as defaulters liable for eviction, when they continued to deposit the said rent as aforesaid in spite of inter se dispute between the landlord culminating by dismissal of the suit for default?3. ..... deposit such rent before such authority and in such manner as may be prescribed and shall report to the controller the circumstances under which such deposit was made by him and may continue to deposit any rent which may subsequently become due in respect of the building before the same authority and in the same manner until the doubt is removed or the dispute is settled by the decision of a competent court or by a settlement between the parties or until the controller makes an order under clause (b) of sub-section .....

T.S. Sadagopan (Deceased) and ors. Vs. T.N.K. Ramanujam and ors.

Court : Chennai

Reported in : (1993)2MLJ481

..... but, after holding on the facts that nannayya was a french national because of his birth in pondicherry, the bench took the view that it was necessary for the parties to prove that nannayya's parents were of indigenous stock and stated the proposition of law as follows:once nannayya bagavadar in found to be a french national, then the customary hindu law applicable to hindus in pondicherry will automatically apply to the estate of nannayya bagavadar.with great respect to the learned judges, we must point out that the proposition is erroneous. ..... it was further stated that the assurance given by the french government the time of the french settlement and reiterated in article 3 of arrete dated 6.4.1819 could apply only to the indigenous stock of population, which was brought under french power by force or treaty with local indian princes and not to british people who acquired french nationality individually and out of their will. ..... 4 were estopped by their conduct, on an application of section 115, evidence act, from claiming any right to inheritance which accrued to them, on their father's death, covered by the deeds of relinquishment for consideration, irrespective of the question whether the deeds could operate as legally valid and effective surrenders of their spes successionis. ..... as we are clearly of opinion that there is nothing in law to bar the application of the principle of estoppel, contained in section 115 of the evidence act, against the plaintiff and defendant no. .....

Viswanathan and A. Andal Vs. Savarimouthurayan and ors.

Court : Chennai

Reported in : 2004(3)CTC81; (2004)4MLJ229

..... so, the law of succession applicable to the christians in the state of pondicherry is not the succession act as envisaged in the hindu succession act 1956, but it is customary law amongst hindus which was prevalent in the state of pondicherry, namely, as the law of ..... code no.1076 of the code, such a partition has to be made either by instrument, inter vivos or by will; but the settlement or will must comply with the formalities, conditions and rules laid down for donations inter vivos and wills and the partitions made by donatio inter vivos must only include things which the donor then possesses. ..... of consolidation, : [1976]3scr202 , learned senior counsel further submitted that even the members of the family may be parties to the family arrangement if they have some antecedent title, claim or interest, a possible claim in the property may be made which is acknowledged by the parties to the settlement. ..... answering to the arguments advanced by the learned senior counsel appearing for the appellant, learned senior counsel appearing for the respondents/plaintiffs submitted that ex.a5 has to be construed either as settlement or family arrangement though it cannot be construed as partition and thereby the plaintiffs got right to the property. ..... from the above, it is clear that such a partition has to be construed only either gift or family settlement between the parties ..... in his above mentioned book 'civil law applicable to hindus in french settlements in india' from pages 149 to153. .....

S. Pushpa and ors. Vs. Sivachanmugavelu and ors.

Court : Supreme Court of India

Reported in : AIR2005SC1038; 2005(5)ALLMR(SC)803; (2005)3CALLT71(SC); 2005(2)CTC708; 2005(2)ESC173; [2004(102)FLR642]; JT2005(2)SC137; (2005)3MLJ1(SC); (2005)3SCC1; 2005(2)SLJ347(SC); 20

..... (iii) in relation to the administration of a union territory, the administrator thereof acting within the scope of the authority given to him under article 239 of the constitution.section 3 of the pondicherry (administration) act, 1962 :3. ..... learned counsel has also submitted that the fact that a union territory is administered by the president through an administrator appointed by him, can make no difference as the posts in question are posts under the pondicherry government and cannot be deemed to be posts under the central government. ..... since all sc/st candidates which have been recognized as such under the orders issued by the president from time to time irrespective of the state/union territory, in relation to which particular castes or tribes have been recognized as scs/sts are eligible for reserved posts/services under the central government, they are also eligible for reserved posts/services under the pondicherry administration. ..... of pondicherry comprises of former four french settlements in india, viz. ..... though de-facto transfer of these four french settlements to government of india took place in the year 1954, they legally merged with the union of india with effect from 16.8.1962 by the eighteenth amendment to the constitution. ..... these four settlements were constituted as u.t. .....

Sreedharan, Vs. Union of India (Uoi), by Chief Secretary and Collector ...

Court : Chennai

Reported in : (2002)2MLJ370

..... since the director of survey has no power to transfer any land registered as poramboke land in the cadastral records of ex-french regime, the first plaintiff was informed to get the cadastral records corrected in his favour since according to paras ii and xvi of the scheme report of resurvey and settlement, resurvey has to follow the entries made in the existing cadastral records in the pondicherry region published in gazette no.6 dated 8.2.1972. ..... the cession made in his favour had not been acted upon and the land is only a commune land.4. ..... a counter raising an objection to the effect that the memo is not maintainable and that the petition for amendment seeks to introduce the additional extent which is not described in the original plaint and if the amendment is allowed, it will add a new cadastre number apart from the cadastre number mentioned in the plaint since as per the survey and settlement records and as per the resurvey made by the department, the original extent for cadastre no.1251 and 1236 part, is 1 hectare 60 ares, whereas the suit property comprises .....

The State of Karnataka by Its Chief Secretary Vs. State of Tamil Nadu ...

Court : Supreme Court of India

..... - what is contended on behalf of the petitioners is that the pharmacy act was extended to the state of bihar had notified and adopted the education regulations issued under section 10 of the act which was in part ii of the act, that both the act and the education regulations hence constitute law 154 the pharmacy act and for the purpose of the state of jharkhand carved out of the modification of either the education regulations or the pharmacy act by the competent legislature, namely, the parliament, that no such attempt was also made by the state of legislature and in the jharkhand and unless ..... (4) are both the agreements of 1892 and 1924, in so far as the river cauvery and its tributaries are concerned invalid, on the ground that the then chief commissioner's province of coorg, podukottai state, travancore state and the french settlement of pondicherry and karaikal, were not parties to the said agreement?. ..... nadu s concern , tamil nadu s first call for adjudication in september, 1969 , tamil nadu s formal request for adjudication in february, 1970 , tamil nadu s continued participation in the discussion and negotiations , filing of suit by tamil nadu in the supreme court , prime minister s advice , the cauvery fact finding committee (cffc) , consideration of the proposals put forth by the union government , last bilateral discussions with karnataka held on 23rd november, 1985 , chief ministers meeting held at bangalore (now known .....

Venkataraman @ Murali @ Raja, Vs. R. Venugopal and R. Ganesan @ Vinaya ...

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 ..... . article 37 of the french arrete (english translation) refers to the number of notaries in pondicherry commune as 1 and article 39 states that 'there will be only one notary in each french settlement of chandernagor, mahe and yanam.35 ..... . it is useful to refer that the treaty of cession of the french establishments of pondicherry, karaikal, mahe and yanam, article 14 refers tolegal proceedings instituted prior to the 1st of november 1954 shall be judged in conformity with the basic legislation and procedure in force at that time in the establishments.to this end, and up to final settlement of such proceedings, the existing courts in the establishments shall continue to function ..... . in the english translation by notary of the french arrete: article 1 of the english translation speaks of that 'the provision of notariat which is organised in the french settlements in india according to the provisions of this decret.'31 .....

Shanmugham and Others Vs. Perumal Naicker and Others

Court : Chennai

Reported in : AIR1997Mad178

..... it is the contention of the appellints that the indian civil procedure code has been made applicable to pondicherry from 5-9-1968, and, since attachment has been effected before that, proceedings initiated under the pondicherry code will have to be continued only under that law, and the code of civil procedure, 1908 cannot apply to the sale conducted pursuant to the attachment effected on 19-6-1968 since it gives a vested right, and the same cannot be divested. ..... provision found in section 4(2) of the act, in spite of section 45-a it will be open to such a decree-holder to move the executing court under the present provisions of the civil procedure code, because what follows such a decree are only procedural aspects, and no one can claim a vested right to a particular procedure, and in this view, the respondent can seek the relief, according to the law in force at the time when she seeks the execution of the grosses copy of noterial mortgage deed executed when french laws ..... is relied upon for the following proposition -'it is a well-known principle of international law that a foreign settlement, obtained in an inhabited country, by conquest or by cession from another power stands in a different position from a settlement made by colonising, that is, peopling an uninhabitated country. ..... by judgment dated 28-4-1970, the court was pleased to allow the said petition and to grant three months time to the debtor, the plaintiff, and the sale was posted for full payment on 28-7-1970. .....