Judgment Search Results Home > Cases Phrase: the tamil nadu towns nuisances act 1889 Page 8 of about 1,084 results (0.155 seconds)

Mohanabai Wd/O Ramratan Rathi and anr. Vs. Khairatilal Khadakram Panja ...

Court : Mumbai

Reported in : 2005(3)BomCR236; 2005(2)MhLj84

..... such restriction could only be if any statute or provisions of the tamil nadu buildings (lease and rent control) act, 1960, specifies, which is none. ..... ' by the use of the words 'only' with reference to the tenant doing business coupled with the last three lines, namely, 'the tenant shall not carry on any other business than the abovesaid business', clearly spells out the intend of the parties which restricts the user of the tenanted premises, only for the business which is stated therein and no other. ..... the apex court, has found that the building was rented for purpose of carrying on the business and using of building for another business, it will not in any way impair the utility or damage the building and this business can be conveniently carried on in the said premises and there was no nuisance created. ..... in order to meet this, learned counsel for the appellant referred to section 108(o) of the transfer of property act and language of section 10(2)(ii)(b) which are similar hence he submits interpretation has to be given in a broader perspective, that is the use of building by the tenant should not be such as to damage it or diminishes its value and restriction if any could be that if it was given for business it should not be used for residential purpose and vice versa. ..... similarly, it cannot change its existing place of business situated in india otherwise than within the same city, town or village. .....

Essel Sports Pvt. Ltd. Vs. Board of Control for Cricket

Court : Delhi

..... the board of control for cricket in india (the bcci) is a not for profit society registered in accordance with the tamil nadu societies registration act under the laws of india. ..... filing the present suit against the defendant's herein. ..... but when icl was desirous of using the chinnaswamy stadium, being a stadium on one such ground, to organize a cricket tournament, the user of the ground was denied to it by defendant no.4 and none of the defendants no.1,2 and 3 fulfilled their obligations in this regard of ensuring the user of the said ground for the promotion of cricket in these circumstances the defendant no.5 is guilty of various acts such as intimidation, malafide actions, malfeasance, conspiracy, public nuisance and all such acts give rights to the plaintiff and constitute a valid cause of action for .....

Kartar Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1990P& H1

..... section 30 of the tamil nadu water supply and drainage board act,1970 provided that every person who immediately before the notified date is serving in connection with the affairs of, the department of public health engineering and municipal works, including the office of the chief engineer (public health engineering and municipal works) under the government shall as from that date be deemed to have been allotted to serve in connection with the affairs of the board and shall cease to be an employee of the government, subject to two provisos which ..... arunachalarn's case (1981 lab ic 1312) (mad) (supra), the facts were that the petitioners therein joined the tamil nadu water supply and drainage board (hereinafter referred to as the board) as junior engineers. ..... it hatbeen further pointed out that there is noorder of the government that the employeesof the consolidation department will beplaced junior to the juniormost patwaris ofthe revenue department :--(i) roshan lal tandon and another v.union of india, air 1967 sc 1889; (ii) thegeneral manager. .....

Jodhpur Development Autho., Jodhpur Vs. State Consumer Disp. Red. Foru ...

Court : Rajasthan Jodhpur

..... . the appellant contested the claims of the respondents before the district forum raising a preliminary objection that consumer forum had no jurisdiction to decide the dispute between members and cooperative society in view of section 90 of the tamil nadu cooperative societies act, 1983.the hon'ble supreme upheld the applicability of consumer protection act 1986 to the housing cooperative society covered under the provisions of t.n.cooperative societies act, 1983 and held in para 12,18 & 19 as under:12 ..... ' and on account of defective `goods' or `defect in services', the district forum and the state commission have rightly directed the jodhpur development authority either to handover the vacant possession of the plot of land to the complainant and also to pay damages and in the alternative to allot alternative plot of land to the complainant on the same terms.16.i have heard the learned counsels at length, perused the recordof the case, relevant provisions of the enactments and the judgments cited at the bar.17.the principal contention raised by the learned counsel for thepetitioner jda, mr. ..... . judgment dt: 11/10/201146/53even where there is no ministerial duty as above, and even where no recognized tort such as trespass, nuisance, or negligence is committed, public authorities or officers may be liable in damages for malicious, deliberate or injurious wrong-doing .....

Anantaraman and ors. Vs. Ramaswamy

Court : Chennai

Reported in : (1962)2MLJ225

..... 788, which held thatsection 403 of the code of criminal procedure is no bar to convictions successively under section 323, indian penal code, and under section 3(12) of the madras towns nuisances act, in respect of the same conduct of being guilty of disorderly behaviour.it was pointed out that the offence of hurt is an offence against an individual while the offence under the towns nuisances act is an offence against the public. ..... section 3(12) of the madras towns nuisances act (iii of 1889) is analogous in its terms to section 75 of the city police act. ..... examining it from the point of view of the provisions in section 403, criminal procedure code, this is a case where section 403(2), criminal procedure code, will apply because, a separate charge might have been framed against the offender in the former trial under section 235, criminal procedure code, because the riotous behaviour in section 75 of the city police act, and the hurt in section 323, indian penal code, constituted different offences committed by the same set of persons in the course of the same transaction.6. .....

The Workmen of Buckingham and Carnatic Mills and Two ors. Vs. the Stat ...

Court : Chennai

Reported in : [1982(45)FLR304]; (1982)IILLJ90Mad

..... the said memorandum of understanding declared that a representative of the tamil nadu government would assist the workers union and the management to arrive at a settlement. ..... (retired) was nominated by the tamil nadu government as representative to decide the manning strength in terms of clause (i) of the memorandum of understanding. ..... as a matter of fact, the petitioners have approached the government of tamil nadu for referring the question of interpretation of clause (v) of the memorandum of understanding for adjudication by the industrial tribunal, madras and the matter is receiving the attention of the government. ..... section 18(3) of the act provides that a settlement arrived at in the course of the conciliation proceedings under the act shall be binding not only on all parties to the industrial dispute, but in the case of an employer on his heirs, successors or assigns in respect of the establishment to which the dispute relates and in the case of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates to the date of the dispute and all persons who subsequently become employed in that establishment or part. ..... maryland [1889] 4 w 316, wherein it has been held that the congress has power to charter corporation as incidental to or in aid of governmental functions. .....

D. Shanthalakshmi and ors. Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : AIR1983Mad232; (1983)IIMLJ7

..... with a view to enforce prohibition rigorously it was considered necessary to amend the tamil nadu prohibition act 1937 (tamil nadu act x of 1937) suitably so as to award deterrent punishment to offenders and to empower the courts to order the removal of persons convicted for certain specified offences under that act from any local area. ..... . to sum up, the results of our findings are -(1) section 14 (1) and (2) of the tamil nadu prohibition act 1937 as amended by tamil nadu act 9 of 1979 are reasonable, and they do not violate any of the provisions of fundamental rights guaranteed in the constitution of india ..... however, the learned advocate-general would rely upon the very same decision and say that the object of the act is to effectively enforce the prohibition in the state of tamil nadu and that it is unfair on the part of the learned counsel to impute motive to the government. ..... (b) any purpose which is, in the opinion of the corporation (which opinion shall be conclusive and shall not be challenged in any court) dangerous to life health or property or likely to create a nuisance'. .....

Rafat Ali Vs. Sugni Bai and ors.

Court : Supreme Court of India

Reported in : AIR1999SC283; JT1998(8)SC157; (1999)123PLR437; 1998(6)SCALE221; (1999)1SCC133; [1998]Supp3SCR20

..... reference was then made to a decision wherein similar words used under section 25 of the tamil nadu buildings (lease and rent control) act 1960 were considered [vide sri raj lakshmi dyeing works v. ..... they are: (1) that the tenant had committed default in paying rent of the building from 1.11.1986 to 30.4.1986, (2) that the tenant committed acts of waste by which damage has been caused to the building, (3) that the tenant has been committing acts of nuisance to other occupants of the buildings in the neighbour-hood.4. ..... damage alone gives no right of action; the mere fact that an act causes loss to another does not make that act a nuisance.for the purposes of the law of nuisance, an unlawful act is the interference by act or omission with a person's use or enjoyment of land or some right over or in connection with land.16. ..... for interfering with the findings made on the above reasoning learned single judge has, unfortunately, used only one sentence which is the following:if we compare the evidence adduced in this case and reading of the same by both the courts below, it can be said without hesitation that the courts below are not justified in ignoring the evidence available which warrants this court to hold that the tenant was a defaulter and he had caused nuisance.12. ..... it is worded like this:that the tenant has been guilty of such acts and conduct which are a nuisance to the occupiers of other portions in the same building or buildings in the neighbourhood.14. .....

Aditya Masala, Nani Agro Foods (P) Ltd. Vs. M. Selvaraj,

Court : Chennai

Reported in : (2007)1MLJ611

..... in the counter statement filed by the revision petitioner, he had clearly described in paragraph 4 the steps taken by him with reference to the running of the industry and he has also mentioned about the consent order obtained from the tamil nadu pollution control board with reference to the water (prevention and control of pollution) act, 1974 and air (prevention and control of pollution) act, 1981, the permission given by the town panchayat at veerappanchatram and the registration certificate obtained from the district industries centre. ..... therefore, keeping in view this catastrophe which may occur, if it is neglected, these enactments have been passed and the jurisdiction of the civil court has been taken away, as otherwise, the very purpose of the act would be defeated, if the board and the authority were to litigate bore the civil courts, which will taken nearly a decade to come to a logical end and after a decade, probably, the pollution might assume such an alarming proportion that it may even go beyond our capacity to control and ..... according to the respondent / plaintiff, the revision petitioner / first defendant was running a food processing industry and since it is causing pollution, nuisance and health hazard, it should be declared that the revision petitioner is not entitled to run the industry manufacturing masala powder causing air and noise pollution to the plaintiff and his family at his house situated in the residential area. .....

Rafat Ali Vs. Sungni Bai and Others

Court : Supreme Court of India

Reported in : 1998(6)SCALE221a

..... reference was then made to a decision wherein similar words used under section 25 of the tamil nadu buildings (lease and rent control) act 1960 were considered [vide sri raj lakshmi dyeing works vs . ..... they are : (1) that the tenant and committed default in paying rent of the building from 1.11.1986 to 30.4.1986, (2) that the tenant committed acts of waste by which damage has been caused to the building, (3) that the tenant has been committing acts of nuisance to other occupants of the buildings in the neighbour-hood.4. ..... damage alone gives no right of action; the mere fact that an act causes loss to another does not make that act a nuisance.for the purposes of the law of nuisance, an unlawful act is the interference by act or omission with a person's use or enjoyment of land or some right over or in connection with land.' 15. ..... for interfering with the findings made on the above reasoning learned single judge has, unfortunately, used only one sentence which is the following :'if we compare the evidence adduced in this case and reading of the same by both the courts below, it can be said without hesitation that the courts below are not justified in ignoring the evidence available which warrants this court to hold that the tenant was a defaulter and he had caused nuisance.' 11. ..... it is worded like this :'that the tenant has been guilty of such acts and conduct which are a nuisance to the occupies of other portions in the same building or buildings in the neighbourhood.' 13. .....