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Devakumar Vs. Thilagavathy

Court : Chennai

Reported in : AIR1995Mad116

..... it is further contended by her that there was some sort of settlement between the parties and the appellant and the respondent thereafter lived together happily for a few months. ..... in fact, she also alleged that on 18-3-1983, the appellant and the respondent went and registered the marriage with the registrar of pondicherry. ..... according to her the marriage was conducted at pondicherry and the same was performed by the appellant's family. ..... the relevant facts are as follows:-- the appellant and the respondent were married on 22-2-1988 at pondicherry in accordance with the custom prevalent in their community. ..... 127 of 1990 before the family court, pondicherry, is the appellant herein.2. ..... according to him, the said act on the part of the respondent was due to her hatred towards the appellant. ..... the only act of cruelty that is urged in the petition is the attempt to commit suicide by swallowing diamond ear-ring. ..... it is further stated by her that during the first night, she felt some difficulty in the sexual act, which she narrated to her sister-in-law a few days later. ..... in this case, we do not find even a single word by the wife accusing her husband or alleging any act of misconduct on his part, 16. ..... she denies the acts of cruelty and also desertion. ..... it was an act against the husband. ..... i that case, the wife, without any reason used to accuse her husband and was finding fault with any act of his. ..... shantilal) was cited to show that an attempt to commit suicide is an act of cruelty towads the husband. .....

S. Thiagarajan Vs. Saraswathy Kittu and 6 Others

Court : Chennai

Reported in : 1999(3)CTC217

..... therefore in view of the finding rendered by the learned trial judge on the issue that the plaintiff not being in possession, this court has to necessarily allow the appeal and dismiss the suit relying upon section 34 of the said act ex.a.1, the settlement deed in favour of the plaintiff was brought about by her in suspicious circumstances and the execution of the same is not free from doubt ..... , : (1997)imlj45 it has been held as follows:'transfer of property act 1882, section 123 - deed of settlement -delivery of possession - registered settlement deed - property settled under registered settlement deed and settlee accepting transfer - settlement deed is, presumed to be acted upon once settlee accepts transfer and delivery of possession is not necessary settlement cannot be cancelled once deed of settlement is acted upon. ..... inasmuch as the had become the owner under the settlement deed of the year 1982, it is probable that she would have paid the kist for the land as evidenced by ex.a.4, since under ex.a.1, settlement deed there is a direction to her to pay the kist as well as the municipal tax for the properties concerned in that ..... the plaintiff was residing at pondicherry and the second defendant was residing at villupuram and as such, if really the second defendant wanted to execute the settlement deed in favour of the plaintiff out of her own volition and inclination, then she could have easily executed the same either at villupuram town itself or if need arises at pondicherry .....

Andi Moopan Vs. Mohideen Meerat Bivi and ors.

Court : Chennai

Reported in : AIR1927Mad226

..... there can be no doubt that the object with which it was compiled was to ascertain and record the terms upon which the inam was to be held, and that, although it makes reference to the rent payable by the ryots to the inamdar, it does so only in order to exhibit the material upon which the quit-rent due from the inamdar to the government is assessed: see sri rajagopalaswami temple v. ..... the plaintiff's case was, in brief, that the defendant and his predecessors-in-title had been paying something short of the correct amount of rent, and that the true rate was to be ascertained from an entry in the settlement register. ..... it is evident, therefore, that the district munsif is not justified in concluding that 'the proper rent' is that shown in the inam register, and that the subordinate judge is equally in error in saying that the, defendant 'is bound to pay the rent at the rate fixed in the inam title deed. ..... i, page 284, thatwhat happened in practice was that the head ryots and the cultivators worked out among themselves some sort of distribution of dues according to the quality of the fields which each man cultivated.6. ..... ii of the provincial small cause courts act suits for the assessment, enhancement, abatement or apportionment of rent are excluded and that this suit falls within one or other of those classes. .....

Pathuma Beevi (Died) and anr. Vs. Pathamuthu Joharan and ors.

Court : Chennai

Reported in : (1991)322MLJ1

..... if the reasoning of the bench is applied to the provisions of the pondicherry act, it is clear that the order passed by the principal district munsif, karaikal is one under order 21, rule 97 of the code of civil procedure and not under section 18 of the pondicherry buildings (lease and rent control) act. ..... learned counsel submits that under section 18 of the pondicherry buildings (lease and rent control) act, an order for eviction shall be executed by the munsif having jurisdiction over the area in which the building is situated as if it were a decree passed by him. ..... as the present order is an independent order under order 21, rule 97 of the code of civil procedure, the proviso will not apply and the provision for appeal or revision under the pondicherry rent control act cannot be invoked. ..... but, according to him, under the provisions of section 18 of the pondicherry act, an appeal does not lie but a revision would lie under section 25. ..... the reasoning of the division bench is that it is an order passed by the rent controller in exercise of the powers of a civil court an independent order passed under the code of civil procedure and not the rent control act. ..... section 18(1) of the tamil nadu buildings (lease and rent control) act contains similar language but the authority under the said sub-section to execute the orders is the controller himself. ..... she executed a settlement in favour of the 1st respondent with reference to one half of the property. .....

Gordon Woodroffe Ltd. Vs. Regional Commissioner, Employees Provident F ...

Court : Chennai

Reported in : (2002)IILLJ653Mad

..... now, coming to the other contention of the petitioner that regarding the payment of the said allowance, it is settlement under section 12(3) of the industrial disputes act and that therefore these settlements are binding on the employees/workers and the union who were parties to the settlement. ..... they also contend that the respondent erred in overlooking the fact that the reason behind the payment of special allowance on an ad hoc basis was to enable the employees to attend to the work on saturday also including the coverage of their transport charges, and other incidental expenses and further that these settlements are binding on the employees/workers and the union who were parties to the settlement. ..... furtherwhen it is a settlement under section 12(3) of the industrial disputes act, arrived at in the course of conciliation by a public servant who takes care of the interest of both the employer and the workmen, it is not open to the first respondent to give a different meaning to the special allowance and call it wages under the employees' provident funds act. ..... , the regional commissioner, employees' provident fund, tamil nadu and pondicherry, madras-600014, and to quash the impugned order dated august 9, 1991, made by the respondent.2. ..... regional commissioner epf, tamil nadu and pondicherry v. .....

Bajaj Allianz General Vs. Malleswari

Court : Chennai

..... documentary evidence, adopted a multiplier of rs.219.95 and awarded a sum of rs.4,34,071/- as compensation to the applicant under the head of loss of income and directed the second opposite party, being the insurer of the first opposite party's vehicle, to pay the compensation, within a period of thirty days, from the date of receipt of it's order, failing which the second opposite party was directed to pay the said sum together with interest at the rate of 12% per annum from the date of filing the petition till the date of payment of compensation.12. ..... , when the deceased chandrasekar was driving the opposite parties' car from chennai to pondicherry and when it was near allimman temple and proceeding on the east seashore road, he had dashed the car against the vehicle bearing registration no.kl01 ah2277. ..... as no documentary evidence had been marked to prove the income of the deceased, the deputy commissioner held that the notional income of the deceased could only be taken as rs.3,947/- per month as per the minimum wages act, erected as per g.o.ms. ..... r.w.1 mr.v.s.durairaj, the senior legal executive officer of the second opposite party had adduced evidence that the car o.d.claim settlement had been paid. ..... on the opposite parties side, one witness was examined as r.w.1 and two documents were marked as ex.r1 and ex.r2 namely ex.r1-letter of the first respondent dated 11.01.2007 and ex.r2-details of o.d.claim settlement.8. .....

New Horizon Sugar Mills Ltd., Ariyur Vs. Ariyur Sugar Mills Staff Welf ...

Court : Supreme Court of India

Reported in : 2009(13)SCALE87(1)

..... the said amount was ordered to be placed in a no-lien account in the pondicherry main branch of the said bank. ..... six crores as directed by the high court, from the sale proceeds, without prejudice to its contentions to a no-lien account in its pondicherry main branch which shall be operated by the commissioner, who shall endeavour to complete the exercise of verification, quantification and payment of the employees' dues within three months. ..... 2 crores (or such other sum) that was deposited by the eid parry with the commissioner of labour, pondicherry in pursuance of our interim order dated 19.3.2009 shall be refunded to eid parry.11. ..... ganesh, learned senior counsel appearing for new horizon fairly conceded that having regard to the wording of section 25ff of the said act and the settled legal position under several decisions of this court starting from anakapalla co-operative agricultural and industrial society v. ..... while dismissing a batch of writ petitions arising from/challenging the proceedings initiated by indian bank under sarfaesi act, a learned single judge of the madras high court, by order dated 12.7.2005 directed that the workmen of new horizon will be entitled to the benefits under section 25ff of the industrial disputes act, 1947 as against the employer - new horizon and eid parry. ..... the balance, if any, remaining in the no-lien account after such settlement of workers' dues, shall be paid to the new horizon without prejudice to the contentions of the bank. .....

Lucky and Co. and anr. Vs. Uco Bank and anr.

Court : DRAT Madras

Reported in : I(2005)BC121

..... the contention of the appellants is that even though the tribunal has issued the recovery certificate in pursuance of the decree passed by the pondicherry sub-court, way back on 29.2.1996, they were entitled to hearing before the recovery certificate was issued under section 31-a of the rddb&fi act. mr ..... 10 lakhs and the recovery certificate was issued pursuant to the decree dated 29.2.1996 passed by the pondicherry sub-court and it is perfectly in accordance with law to grant/issue recovery certificate for the subsisting decree against the judgment debtor. ..... by the impugned order, the learned presiding officer rejected the application made by the appellants/defendants herein, for setting aside the order passed in the oa by the presiding officer under section 31 -a of the rddb&fi act, 1993.3 ..... requires that an application under section 19 or section 31-a have to be accompanied by a paper book containing- (i) a statement showing details of the debt due from a defendant and circumstances under which such debt has become due; and shall also disclose details of the case and decision in that case which is sought to be reviewed; therefore, the order dated 13.6.2001 does not come within purview of the amendment and the section is to guided by the position of law as it existed at that point of time.4. ..... he further states that his client is willing for settlement.now this proposal can be submitted by approaching the bank directly.so, the appellants want nothing but to protract the litigation. .....

Mohamed Sultan Maraicar Vs. The Special Secretary, Government of Puduc ...

Court : Chennai

..... even as per the version of learned counsel appearing for government of pondicherry, when the notification under section 4(1) was issued, the authorities have verified the details of the owners of the subject lands sought to be acquired only with reference to the settlement register of the year 2007 and not the other registers viz. ..... during the hearing of the writ petition, mrs.mala, learned counsel for pondicherry was directed to get clarifications, as to how, 4(1) notification, dated 05.10.2010, has been issued in the name of the erstwhile owner, abdul sukkur, despite modification of revenue records incorporating the name of the petitioner, as owner of the land, as early as on 12.02.2010, vide patta ..... on instructions, she submitted that 4(1) notification has been issued on the basis of entries in the settlement register of the year 2007 and she therefore submitted that there is no manifest illegality in 4(1) ..... contending inter alia that when the petitioner was the owner of the subject lands, as on the date of declaration under section 4(1) dated 05.11.2010 and section 6 on 02.03.2011, respectively, and further contending that when mutation of revenue records had already been effected the respondents ought to have included the name of the petitioner in the above said notifications and that he should have been given an opportunity of making his objections to the acquisition proceedings and that hearing under section 5(a) of the act, which is mandatory, mr. k.m ..... [1970 (1) scc 125] 2 .....

Om Prakash Gupta Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2002)81ITD55(Chd.)

..... 4,08,300 and in the light of the finding recorded by the cit(a), the settlement commission and the tribunal, we are of the considered view that penalty under section 271(1)(c) for concealment of income has been rightly imposed and sustained by the cit(a).10.7 even if the penalty is considered for furnishing inaccurate particulars, the same would also hold good for the reason that in the books of accounts the assessee had shown receipts of ..... when the addition was taken in appeal before the tribunal, the tribunal set aside the order of the cit(a) and restored the matter back to the file of the ao with a direction to decide to issue afresh in accordance with the decision of the settlement commission on the application moved by the firm m/s jindal ..... taking into account all the relevant facts of the case as also the fact that addition made by the ao was upheld in appeal and that application filed by m/s jindal udyog before the settlement commission was also rejected, the ao held that the assessee had concealed the particulars of income and accordingly imposed penalty of ..... the amount was found credited in the books of accounts of the assessee, the ao rightly called upon the assessee to establish the source and genuineness thereof as per provisions of section 68 of the it act. ..... the assessee could also not furnish any evidence as to how the amounts in question were received from the so-called agents at bombay, bangalore, madras, pondicherry, ..... anwar ali (1970) 76 itr 696 (sc), no longer holds .....