Court : Chennai Madurai
Decided on : Apr-13-2016
..... . [see state of m.p. vs. kedia leather and liquor ltd. and ors. [2003 (7) scc 389]. though the above decision of the supreme court compared section 133 with section 144, the same reasoning will also apply to section 145 of the code, with which, we are concerned herein. hence, the reliance placed upon c.a. avarachan does not appeal to us. contention based ..... section 146 but without the words "pending his decision under this section" and with the words "at any time after making the ..... roy, learned counsel for the petitioner on the ground that all those decisions would have no application to the position that prevails after the code was revamped in entirety under act 2 of 1974. according to the learned counsel, the sweeping changes made under the 1973 amendment, by themselves, would show that the decisions rendered under the old code cannot have ..... work satisfactorily and, therefore, it was, apparently, thought desirable to revert to the old procedure. the provisions of sections 145 and 146 of the 1973 code are substantially the same as the corresponding provisions before the 1955 amendment. the only noticeable change is that the second proviso to section 145(4) as it stood before the 1955 amendment) has now been transposed to .....Tag this Judgment!
Court : Chennai
Decided on : Sep-21-2016
..... by way of cost oe paper, printing, transportation, storage and distribution. secondly, counting is very quick and the result can be declared within 2 to 3 hours as compared to 30 to 40 hours, on an average, under the conventional system. thirdly, there are no invalid votes under the system of voting under evms. the importance of ..... panchayats, councillor of municipality wards, chairman of municipality, councillor of corporation wards and mayor of corporation are governed by the tamil nadu district municipalities act, 1920 along with the relevant sections/rules in the municipal corporation acts, tamil nadu town panchayats, third grade municipalities, municipalities and corporation (elections) rules, 2006, the election for rural local bodies for the posts ..... and the tamil nadu panchayats (2nd amendment) act, 2016 as ultra vires the constitution ; ii) to direct the respective respondents to conduct the urban and rural local bodies election 2016 based on the delimitation of wards to be made based on 2011 census with corresponding reservation ; iii) to direct the respective respondents to take steps for compulsory ..... laws (second amendment) act, 2016 and the tamil nadu panchayats (second amendment) act, 2016, as unconstitutional, ultra vires the constitution of india and consequentially direct respondents 2, 4 and 5 to conduct the urban and rural local bodies election 2016 based on the delimitation of wards to be made based on 2011 census with corresponding reservation to women, scheduled .....Tag this Judgment!
Court : Chennai
Decided on : Aug-16-2016
..... w 149 i.p.c. against those accused who had not actually caused injuries on the witnesses but being members of the unlawful assembly there was no corresponding charge framed under section 324 r/w 149 i.p.c. the charges are thus highly defective. 24. in view of the foregoing discussions, we find that the prosecution ..... attacked only by three persons viz., a.1,a.2 and a.10. therefore, they stood charged for offence under section 302 i.p.c., r/w section 3(2)(v) of the sc and st act. but the trial court has disbelieved the evidences of the injured eye witnesses as against a.2 and a.10 and ..... a.10 and has acquitted them, the state has not preferred any appeal and thus, their acquittal for offence under section 302 i.p.c., r/w 3(2)(v) of the sc and st act has become final. this would go to show that even the trial court was not prepared to believe these injured as ..... for acquittal. 25. in the result, the criminal appeals are allowed and the conviction and sentence imposed on the appellants by the learned special sessions judge (sc/st act cases), villupuram in s.c.no.41 of 2015, dated 11.12.2015, are set aside and the appellants are acquitted. the fine amount, if any paid ..... attacked the deceased with iron pipes indiscriminately. the injured witnesses have also stated so. but the trial court has disbelieved their evidences in respect of the overt acts attributed against a.2 and a.10 alone. thus, the medical evidence also does not corroborate the eye witness account so far as the injuries found on .....Tag this Judgment!
Court : Chennai
Decided on : Mar-04-2016
..... meaning of the words 'as nearly as may be' used in section 295 of the succession act, has to be understood in the context in which it is uses in the act. a perusal of section 295 of the succession act, 1925 which corresponds to section 261 of the succession act of 1865, itself indicates that such a proceeding is not a suit ..... question in this case confines itself to applications for letters of administration. a legatee who applies for letters of administration can by no stretch of imagination be compared to a trustee or be called a testamentary trustee. it cannot be said that he is seeking permission of the court to perform a duty created by the ..... 37. on a reading of the above said four sale deeds in exs.p-15 to p-18, more particularly, ex.p-15 sale deed, dated 01.07.1983, it is clear that s.v.ramakrishnan's wife, namely saroja and her children, including the plaintiff and the defendants herein, have jointly executed the sale deed in favour ..... following sale deeds (exs.p-15 to p-18) and the relevant portion of the recitals therein are extracted here under : (i) sale deed, dated 01.07.1983 in favour of m/s.kumaran ilam -- copy of which is marked as ex.p-15:- "this deed of sale executed at madras on this 1st day of ..... ex.p-14. 11. learned counsel for the plaintiff further contended that the plaintiff's mother s.v.r.saroja execute a sale deed, dated 01.07.1983 in favour of lakshmi builders and m/s.kumaran illam and the copy of the same is marked as ex.p-15. she also executed a sale deed, .....Tag this Judgment!
Court : Chennai
Decided on : Aug-30-2016
..... of the code of criminal procedure, 1882 or under the prisoners act, 1871. the corresponding provision in the new code of criminal procedure is not being indicated as it is not necessary for purposes of this case. "civil prisoner" has been defined in section 3(4) as a prisoner who is not a "criminal prisoner ..... the lawful orders passed by another limb, viz., the judiciary. nagarajan can earn his freedom either by an order of remission by the appropriate government under section 432, cr.p.c. or by an order of the president under article 72 of the constitution of india or by an order of the governor ..... 12.07.2016 in no.2330/tha.ku.3/2016 and for a direction to the respondents to grant ordinary leave to the petitioner's husband under section 20(iv) of the tamil nadu suspension of sentence rules, 1982 (for brevity the suspension of sentence rules ) for making arrangements, participating and solemnising ..... of letter dated 12.07.2016 in no.2330/tha.ku.3/2016 and quash the same and thereby, direct the respondents to grant ordinary leave under section 20(iv) of the tamil nadu suspension of sentence rules, 1982 for making arrangements, participating and solemnising marriage of our (sic) the petitioner's daughter ..... and others [(2000) 3 scc 409]; ii poonam lata vs. m.l. wadhavan and others [(1987) 3 scc 347]; iii sheela barse vs. state of maharashtra [(1983) 2 scc 96]; iv francis coralie mullin vs. administrator, union territory of delhi and others [(1981) 1 scc 608]; v p. nedumaran vs. the state of .....Tag this Judgment!
Court : Chennai Madurai
Decided on : Aug-17-2016
..... quasi judicial proceedings and it is like almost a suit, requiring evidence, as specified under section 53(3) of the hrandce act. however, there is no corresponding provisions in section 26 of the act. as such no enquiry as specified under section 53(3) is required for the present case. viewed in that perspective, it is ..... is empowered to decide on the question as to whether 'hereditary trustee' has become subject to any of the disqualification mentioned in sub-section (1) of section 26 of the act, in the instant case, he had not followed the rudimentary principles of natural justice and in fact, the trustees were not provided ..... money received by the religious institution in such bank, as prescribed in the rules framed under clauses (x) and (xi) of sub-section (2) of section 116 of the act and be entitled to sign all orders or chequest against such moneys; and (c) he shall be responsible for carrying out all lawful ..... unsoundness of mind or other mental or physical defect or infirmity unfit for performing the functions of the trustee as provided under sub-section (3) of section 54 of the act, the joint commissioner or the deputy commissioner, as the case may be, may appoint a fit person to perform the functions of ..... not used. 6.11.the learned counsel for the petitioners refers to the decision in r.venkata rangareddy v. n.muralidhar rao reported in air 1983 ap 83, it is observed as under:- rule 22 (9) empowers the election officer to adjourn the meeting of the elected members of the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-22-2016
..... have any background of administrative or supervisory experience. 6.2. it was contended that the constitutional right conferred under article 316(1) of the constitution of india came with corresponding constitutional duties of having a transparent and proper process for such appointment. if the process was flawed, then the appointment itself was not as per the constitutional process and, ..... willingness or in respect of whom, as it states, recommendations had been received. in the entire file note which was placed before the chief minister, there was absolutely no comparative evaluation of the merits, qualifications, administrative experience, competence or integrity of the pool of candidates. the nomination made by the chief minister is completely silent in regard to any ..... petitioners endeavoured to persuade us to draw an adverse inference from the refusal to produce the deliberations and the selection process in view of the provision of section 114 illustration (g) of the indian evidence act, 1872, as this material was evidence which could be and was not produced as it must have been unfavourable to the respondents. 5.3. ..... the removal of chairman/members of the commission erode public confidence in the commission. prof. brown and prof. garner's observation in their treatise french administrative law, 3rd edn. (1983) in this regard can be usefully referred to. they said: 'the standard of behaviour of an administration depends in the last resort upon the quality and traditions of the .....Tag this Judgment!
Court : Chennai
Decided on : Sep-29-2016
..... exhibition, the licensing regime etc. 18. in exercise of the powers conferred under section 8 of the act, the cinematograph (certification) rules, 1983, have been framed (hereinafter referred to as the 'rules'). rule 2(ix) defines feature film to mean fictionalised story film exceeding 2000metres in line in 35mm or corresponding length in other gauges or on video. rule 21 deals with application for ..... cbfc and as affirmed by the fcat. the other films, which were certified with certain cuts and deletions cannot be compared to the present film, as the content is totally different and it clearly violates the guidelines prescribed under section 5b of the act. as the film deals with the bifurcation of sri lanka into two parts, it would definitely affect the friendly ..... a personality. thus, if the film was based upon fictional characters or based upon folklore or other issues, which are fiction, the same would be on a different pedestal when compared to a film based on a true character who has left behind the family. 54. thus, the film having been made based on an individual's life, undoubtedly, would have ..... to be taken while certifying a film as viewing a film in a closed cinema house motivates thought and action and assures a high degree of attention and retention as compared to the printed words. therefore, films cannot be equated with other modes of communication and certification by prior restraint, is, therefore, not only desirable, but also necessary. 7. the writ .....Tag this Judgment!
Court : Chennai Madurai
Decided on : Nov-07-2016
..... payment of a penalty of one rupee by the person tendering it; (c) where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly ..... stamped. however, the order admitting an instrument in evidence is subject to the power of appellate court as provided under section 61 of the act. 17. section 61 of the indian stamp act, after taking into consideration, the order of the court of first instance admitting any instrument in evidence as duly stamped ..... coparcener to become divided in status. the trial court also while appreciating the evidence came to the conclusion that the partition dated 07.04.1983 was acted upon by relying upon the evidence of plaintiff in an earlier suit filed by a stranger claiming easementry right of pathway in respect of ..... plaintiff, however, held that there was a partition between the plaintiff and defendant mainly relying upon the unregistered and unstamped partition deed dated 07.04.1983. though the trial court held that the document is not admissible in evidence, to prove the rights, strangely, following the judgment of the hon' ..... the plaintiff that the suit properties were purchased jointly by the plaintiff and defendant. however, the defendant set up a partition on 07.04.1983 and contended that he was allotted the entire second item of suit property. the defendant also pleaded that after partition, there was no common .....Tag this Judgment!