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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Sorted by: recent Court: chennai Year: 2011 Page 1 of about 352 results (0.059 seconds)

Dec 30 2011 (HC)

Y.John Murray and ors. Vs. the Registrar of Companies and anr.

Court : Chennai

Decided on : Dec-30-2011

..... 9 of the code of civil procedure and the bar in terms of the provisions of a special enactment known as places of worship (special provisions) act, 1991, were in issue in that case before the supreme court. the decision did not arise out of writ proceedings. therefore, there was no ..... 25 and 26 was not limited to matters of doctrine or belief, but extended also to acts done in pursuance of religion, (ii) that articles 25 and 26 guaranteed all that formed an integral part of religion; (iii) that what constituted ..... 1893 where harry andrews set up a dispensary to start medical work. 5. the salvation army got registered as a guaranteed company under the indian companies act, 1913. obviously, it has a set of memorandum and articles of association. it is only persons who subscribe to its objects, who can become members ..... 12. the decision of the judicial committee in hasan ali, led to the enactment by the bombay legislature, of an act known as bombay prevention of ex-communication act, 1949. the act sought to outlaw the practice of ex- communication on the ground that it resulted in deprivation of legitimate rights and privileges ..... of the principles of certain religious communities. the act was challenged as violative of articles 25 and 26. by a majority opinion, the supreme court pointed out (i) that the protection of articles .....

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Dec 23 2011 (HC)

Ayisha Beevi and ors. Vs. Sheik Mydeen and ors.

Court : Chennai

Decided on : Dec-23-2011

..... high courts of rajasthan, punjab, delhi and allahabad have taken a view that order xxii does not apply to revisions. the division bench of the calcutta high court alone has taken a contra view. 50. but the decision of the division bench of our own high court in manickam vs. ramanathan ..... as to what shall be a reasonable time, the high court may take note of the period prescribed under article 120 of the limitation act for substituting the heirs of the deceased defendant or the respondent. however, there is no question of automatic abatement of the writ proceedings. even ..... a controversy as to whether the provisions of the code would apply even to writ proceedings or not. but, the explanation inserted by cpc (amendment) act, 1976 excluded the proceedings under article 226, from the definition of the expression proceedings appearing in section 141, cpc. therefore, after taking note of ..... the supreme court was actually concerned with the abatement of proceedings, under a special enactment known as bihar consolidation of holdings and prevention of fragmentation act, 1956. however, what is stated in paragraph 10 of the decision in bibi rahmani khatoon, is quoted with approval by a later decision ..... , if such subordinate court had exercised the jurisdiction not vested in it in law or failed to exercise a jurisdiction vested in it or acted in exercise of its jurisdiction illegally or with material irregularity. therefore, the power of the high court under section 115 is actually supervisory in .....

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Dec 22 2011 (HC)

Senthilkumar Vs. the State

Court : Chennai

Decided on : Dec-22-2011

..... he would further submit that pw-4 to pw-8 are the neighbours of the accused and they were also in the very same department working as police constables, except pw-7, and so, they have supported the accused. the learned additional public prosecutor would, therefore, submit that their evidences need to ..... officer, tiruchirappalli. he has spoken to about the inquest held by him. ex-p19 is the inquest report submitted by him. the others are the police officials. 9. when the accused was questioned under section 313 of the code of criminal procedure in respect of incriminating evidences available against him, he ..... the court. he also collected the post-mortem certificate and examined the doctor. then, the investigation was taken up by pw-23. he examined the police officials and the doctor and recorded their statements. he gave a request to the learned judicial magistrate [ex-p17] for recording the statements of the witnesses ..... other. thereafter, the accused married the deceased in the year 1998 itself. after one year of the said marriage, the accused was recruited as a police constable. out of the wedlock, they have got a female child. for about two years after the marriage, they were living together happily. but, as ..... cannot be accepted. 19. similarly, the evidence of pw-4, in our considered opinion cannot be acted upon, because the said version cannot be true. it is not suggested to the inspector of police by the accused that the house was found locked and the same was broke open by him. pw .....

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Dec 20 2011 (HC)

Subhiksha Trading Services Ltd. Vs. Kotak Mahindra Bank Ltd.

Court : Chennai

Decided on : Dec-20-2011

..... knowledge, the sources of information should be clearly disclosed and the verification should not be a slipshod verification. in the judgment reported in air 1968 calcutta 388 cited supra, it is held that the verification by an incompetent person will result in the dismissal of the application. 12. the decision reported ..... in union bank of india v. naresh kumar and others (1996 (6) scc 660) and united bank v. p.c. deb (air 1977 calcutta 55) in support of his contention. he further submitted that though the advertisement was not effected in pursuance of the order passed on 31.3.2009 as ..... relied upon the following judgments in support of his contention: 1) in the matter of gaya textiles private ltd. etc. and star textile engineering works ltd. (air 1968 calcutta 388) 2) mool chand wahi v. national pains (p) ltd. (company cases vol.60 page 402 (punjab & haryana) 3) mool chand wahi v. ..... regard to the conduct of the trial, come to the conclusion that the corporation had ratified the act of signing of the pleading by its officer. 17. further, in the judgment reported in air 1977 calcutta 55, it was held that an agent of the bank is a principal officer who is acquainted ..... meanwhile, cash and carry wholesale traders private limited filed company application nos.1066 and 1067 of 2009 under sections 391 and 394 of the companies act proposing a scheme of arrangement to make the company financially viable and the winding up petition and the two applications were heard together and the .....

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Dec 20 2011 (HC)

Mrs.Muniyammal Thiruvadi Vs. the Tahsildar and ors.

Court : Chennai

Decided on : Dec-20-2011

..... to get an order from the civil court or to approach the authorities concerned for getting appropriate remedy, which they are bound to do under the act or in the alternative, avail the remedy by way of an appeal and still aggrieved, by way of revision. certainly, pendency of the two writ ..... no other equally efficacious alternative remedy except to approach this court, such statement clearly overlooks the statutory provisions provided under the tamil nadu patta pass book act, 1983. 7. the contesting respondent suseela rani has also filed a vacate stay application in m.p.(md)no.3 of 2009 in w.p.( ..... the direction of this court and after obtaining legal opinion from the government pleader at kovilpatti and under section 15 of the tamil nadu patta pass book act, 1983, an application has to be considered within 15 days from the date of registration of the sale deed. the record produced by suseela rani ..... that he had not entered appearance in this case. when a person gets a direction from this court to the tahsildar, he is also bound to act on the basis of the order passed by this court and for passing contradictory orders, the subordinate officers cannot be found fault with. the complaint ..... the petitioner has not availed a remedy of an appeal. there is also a further revision to the district revenue officer. if the act requires a particular thing to be done in a particular fashion, the petitioner cannot come to this court directly without availing the statutory remedies provided under the .....

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Dec 15 2011 (HC)

Shantha and ors. Vs. V.Murali and ors.

Court : Chennai

Decided on : Dec-15-2011

..... the pootharaja temple, tiruvannamalai town is a public and excepted temple as defined under section 9(5) of the madras hindu religious endowments act 1926 (madras act ii of 1927). the assistant commissioner has placed on record the title deed, inam register, copy of the board's order wherein ..... ammal as trustees of potharaja temple, tiruvannamalai before the hindu religious endowments board, madras under section 84 of the madras hindu religious endowments act 1926 (madras act ii of 1927) to cancel the appointment of pachaiappa chettiar as trustee of the temple and to declare that the temple is an ..... the temple. the property is managed privately by a family trust and therefore, the application filed under section 34 of the indian trust act is maintainable. there is no need to add or implead the hindu religious and charitable endowments department as party respondent. there is no ..... been done in the present case. there is no trust to manage the temple lands. therefore, the application filed under the indian trust act 1982 is without authority of law and misconceived. suppressing all the above documents, the alleged trustees, with ulterior motive of alienating the temple property ..... tamilnadu housing board colony, bangalur, hosur town. ... petitioner -versus- -nil- ... respondent. petition filed by the petitioner u/s 34 of indian trust act, 1982 to grant permission to the petitioner for sale of schedule property and also further grant permission to deposit the sale amount of rs.5,10,000 .....

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Dec 10 2011 (HC)

Panjali Alias Savaridoss and ors. Vs. the State

Court : Chennai

Decided on : Dec-10-2011

..... hope for the people, survives on the strength of the confidence of the people. therefore, each stakeholder, i.e., judges, prosecutor, defence counsel and police should realize their responsibilities and respond to the call of the society for justice delivery. we believe that in the days to come, the stakeholders will ..... bodies at the time when they were arrested on 10.08.2009. he has further stated that he sent them to the government hospital with a police memo for examination. during cross- examination, he has stated that he collected the wound certificates in respect of the said accused. however, he has ..... as has been spoken to by pw-1. it is not explained to the court as to what was the earliest information to the police, which had brought the police to the place of occurrence. absolutely, we find no explanation regarding the said information. 20. according to the prosecution, the case was ..... a knife [mo-12] and the fourth accused produced another knife. pw-24 recovered the said material objects under mahazars. then, he returned to the police station, along with the accused and the material objects recovered. the accused no.6 - sahayaraj was then wearing a full hand shirt, stained with blood. ..... it is not the discovery of every fact, out of a disclosure statement made by the accused to the police that the said statement becomes admissible under section 27 of the indian evidence act, 1872. per contra, if only the fact so discovered is a relevant fact, the disclosure statement will be .....

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Dec 09 2011 (HC)

Andichamy Naicker Vs. Nallamuthu

Court : Chennai

Decided on : Dec-09-2011

..... law. in the interregnum, if any one interferes with the appellant/plaintiff's possession and enjoyment of the suit property including the respondent/defendant in his individual capacity, then such act is to be restrained by means of a permanent injunction, as the case may be. 39. continuing further, the appellant/plaintiff has come out with plea that the respondent/defendant ..... /2001 rural development and local administration department, the panchayat has been given the power in respect of tharisu tax patta lands and natham patta lands. later, as per the amended act, the natham land has come under the direct control of the panchayat. in this connection, this court pertinently points out that there are many persons like the appellant/plaintiff in ..... /defendant. therefore, there is no need to implead any official of the panchayat or to show the respondent/defendant as president of the panchayat in the plaint. since the individual act of the respondent/defendant is complained of to the question of section 80 of c.p.c., notice does not arise. also, only in his individual capacity, the respondent/defendant ..... ) to show that he has put up a cattle shed in the suit land. 18. the plea of the appellant/plaintiff is that the respondent/defendant has objected to his act of putting the cattle shed in the suit property and that the respondent/defendant has objected in his capacity as president of the panchayat and therefore, he has filed the .....

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Dec 08 2011 (HC)

D.Ravikumar Vs. D.Sarojini Devi and ors.

Court : Chennai

Decided on : Dec-08-2011

..... judge held that plaintiff is not entitled to interim injunction. insofar as impleading of the inspector of police, law and order, kodungaiyur police station, learned judge held that when two conflicting orders of the courts are produced before the police, it is natural that the police ........ should act in one way or the other. while dismissing the applications, the learned judge observed that the ..... facts and circumstances of the case, the police officer cannot be said to have acted malafidely or in violation of the order passed by this court in o.a.no.1191 of 2010 ..... judge, city civil court, chennai, defendants 5 and 6 are said to have approached p6-kodungaiyur police station seeking protection. as pointed out by the learned judge when two conflicting orders of injunction were produced by the parties, the police officer is to necessarily act upon the order and also going by the documents. under the impression that he has to ..... render necessary protection to defendants 5 and 6 who purchased the property from the 1st defendant/mother, the police officer might have rendered necessary protection. having regard to the .....

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Dec 02 2011 (HC)

T.A.B.Jaleel and ors. Vs. the Deputy Commissioner and anr.

Court : Chennai

Decided on : Dec-02-2011

..... , fairly submitted that no opportunity was, in fact, given to the lessees to make their objections on merits. he, however, contended that the requirement of section 34a of the act has been substantially complied with and therefore, revision petitioners have no case on merits. 8. on the same line sri kandasamy, learned special government pleader stated that the committee had ..... .2008 no opportunity was given to all the lessees to give their objections. (2) the committee did not consider the issue, in terms of section 34a(2) of the act and no opportunity was given to the lessees to place their objections. therefore, the entire procedure is contrary to law. 6. heard sri varadarajan, learned counsel appearing for the ..... .6.2011 by the then commissioner. challenging the same, present revision petitions have been filed in terms of section 34a(5) of the tamil nadu hindu religious and charitable endowment act. 5. in the revision petitions, the following issues are canvassed by tmt.k.bhawatharini, learned counsel appearing for the revision petitioners:- (1) before determining the lease amount in ..... to the determination. it is also the grievance of the revision petitioners/lessees that the procedure prescribed under section 34a of the tamil nadu hindu hindu religious and charitable endowment act, 1959 was not followed. aggrieved by the said unilateral determination of the lease rent, appeals were preferred to the commissioner, hindu religious and charitable endowment department, viz., the .....

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