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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: chennai Year: 2000 Page 1 of about 116 results (0.051 seconds)

Jul 07 2000 (HC)

K.R. Mohammad Ali Vs. Minor Santhosh, Rep. by Guardian Mothu and Next ...

Court : Chennai

Decided on : Jul-07-2000

Reported in : 2000(3)CTC468

..... the deceased original petitioner to continue the proceeding thus allowing the, petition filed under section 27 of the act is perfectly within the ambit of law. 18. after all, the tenant is always at liberty to question the rights or qualifications of the legal representatives sought to be impleaded, if ..... .no.85 of 1996 by the respondents herein before the rent controller in rcop no.8 of 1990 is perfectly within the bounds of law wherein the points that are to be decided are whether such petitioners are the real legal representatives of the deceased petitioner/landlord and whether they ..... it had been filed for his personal/individual occupation of the premises, nor could such rights of the original petitioner become non est in law so as to say that his legal representatives cannot continue the proceeding getting themselves impleaded by virtue of a petition filed under section 27 of ..... is false to conclude that on his death, the same becomes either extinguished without being made available for his legal representatives or become nonest in law as it is argued on the part of the learned counsel for the petitioner. 17. for all the above discussions held, the only conclusion ..... in the sense that the moment the landlord passes away, automatically, either by intestate succession of survivorship on account of the operation of the law or by testamentary succession, the legal representatives would become the owners of the premises which is the subjectmatter in a petition filed by the original .....

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Dec 02 2000 (HC)

G. Mohamed Thaif and anr. Vs. the Bharath Petroleum Corporation Ltd. a ...

Court : Chennai

Decided on : Dec-02-2000

Reported in : (2001)1MLJ335

..... any right under any law including the provisions of the tamil nadu city tenants protection act, if it is held to be applicable. so it cannot be said that in the earlier proceedings, this court ..... . as and when the fair rent is fixed, liberty has been given to the petitioners therein, who are the petitioners herein, to vindicate their rights in the manner known to law before the appropriate forum or the court, if they are aggrieved against the determination of fair rent. liberty was given to the first respondent herein at the stage to claim ..... , and notice of termination was also served. under the circumstances we are of the view that the contention of the learned senior counsel for the appellant that the proposition of law, laid down by the hon'ble supreme court in the above cited case, will squarely cover the case on hand, has some force.13. so, the first respondent is not .....

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Mar 30 2000 (HC)

General Secretary, All India Tourism Development Corporation Employees ...

Court : Chennai

Decided on : Mar-30-2000

Reported in : (2001)ILLJ834Mad

..... separate industrial establishment having its own separate and independent identity and existence which is not in the case in hand. the third respondent labour court has committed patent errors of law and perversity in approach so as to warrant interference of this court into the award passed by it.21. in result, the above writ petition succeeds and the same is ..... at the conclusion regarding the determination of the payment of bonus for the relevant year in question thereby justifying the claim of the management which is nothing but erroneous in law and the same cannot be sustained.18. there is only one management, i.e., india tourism development corporation limited which is having very many regional offices for transport units and ..... conclusion that there is independent existence for each and every unit so as to call it a separate 'industrial establishment'. 17. in the case in hand this vital aspect of law has never been either attempted to be analysed or ascertained by the third respondent labour judge and without base on such legality taking some sporadic activities of preparing the balance ..... arrived at in each and every unit, the individual units cannot be taken as independent entities having all features of an independent corporation or firm created under the authority of law and it is only a segment having its existence, management and control being centralised and operated by the management, i.e., the indian tourism development corporation.16. in many a .....

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Aug 09 2000 (HC)

L.S. Mariappan, 205 Dindigul Road, Madurai-1 Vs. Kuppamuthu and 6 Othe ...

Court : Chennai

Decided on : Aug-09-2000

Reported in : 2000(3)CTC405

..... right, and to show that though in some respects anomalous, it was an anomaly to be accepted as having been admitted into hindu law from an early date. 'according to hindu law', observed lord hobhouse in gossamee sree greedharreejee v. rumanlolljee gossamee, 16 i.a. 137:'when the worship of a thakoor has ..... of two years. by the principles enunciated in the various judgments referred to above and the passage referred to in para 419 of mullah's hindu law, it is made clear that trusteeship and poojariship which is also known as shebaitiship has in itself all the incidence of property and thus inheritable ..... on a conspicuous reading of the whole material placed before us and the reading of the various pronouncements, and the principles set out under the hindu law, exercises of such right by any one member within the branch would be unquestionable.21. we shall now refer to the judgment of privy council ..... a sabaiti right is that there is an element of property also in the concept of 'shebaiti right' unless there is an absolute bar under hindu law or an express prescription in the deed of religious endowment providing for any limitation of the power of 'shebait' to transfer his 'shebaiti right' ..... that the will way an invalid one. in support of his submission, the learned counsel relied upon sub para 4 in para 419 of mulla's hindu law. the teamed counsel also referred to : air1963cal85 in support of his contention that 'shebaitiship' is a property not mere office and therefore ,'shebaitiship' .....

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Mar 31 2000 (HC)

Virudambal and 4 Others Vs. Kandasamy and 4 Others

Court : Chennai

Decided on : Mar-31-2000

Reported in : 2000(2)CTC263; (2000)IIMLJ287

..... of the learned government pleader.'in mohamed ismail v. khadirsa rowther, 1982 (ii) mlj 367 a division bench of this court has held that,'9 the law is well-settled that mere possession however long cannot imply ouster. equally it is well-settled that the mere non-participation in the income alone would not ..... 3 judges bench decision of the supreme court referred to above neelavathi v. n. natarajan, : [1980]2scr307 to continue to be in joint possession in law, it is not necessary that the plaintiff should be in actual possession of the whole or part of the property. further, it is not necessary that they ..... , there should be a clear and specific averment in the plaint that they had been excluded from joint possession to which they are entitled to in law. the averments in the plaint that the plaintiff could not remain in joint possession as he was not given any income from the joint family property ..... 37(1) of the act. in view of the controversy, learned counsel appearing for the petitioners took me through the plaint averments. it is settled law that the question of court-fee must be considered in the light of the allegations made in the plaint and its decision cannot be influenced either by ..... and prayed for partition alleging that they are in joint possession. under the proviso to section 6 of the hindu succession act, 1956 (act 30 of 1956) the plaintiffs being the daughters of the male hindu who died after the commencement of the act, having at the time of the death an interest in the .....

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Jun 09 2000 (HC)

T. Heerachand and Another Vs. Saraswathy Ammal (Deceased) and Others

Court : Chennai

Decided on : Jun-09-2000

Reported in : 2000(3)CTC694

..... reported insubramania iyer v. sungappa reddi, i.l.r. 33 mad. 232, clearly applicable tothis case. this decree debt was a debt payable in law by the respondents andnothing has been shown to prove that this payment was something the appellantwas bound to pay the appellant had clearly established the loss ..... sons are the vendors in ex.a-1 and ex.a-2. thirupulisami naidu had subsequently settled all his other properties on his daughters-in-law and daughter, who along with his sons are the respondent herein. therefore, they in their individual capacity and as heirs or settles in interest of ..... be reimbursed by the respondents who are the sons and settlers of thirupulisami naidu. the settlement deeds executed by him in favour of his daughters-in-law and daughter were voidable, since they had been brought about only to defeat and delay his creditors, in particular, the appellants herein.14. he ..... entitled to any relief.4. the second defendant has filed her written statement, which is asfollows:the settlement deeds were executed because the daughters-in-law had been deprived of their jewels to meet the lavish expenditure of thirupulisami naidu. the settlement deeds are true and valid and not made to ..... plaintiffs had to salvage the property they had purchased. in the meantime, thirupulisami naidu had executed four settlement deeds in favour of his daughter-in-law in order to defeat and delay the claim of the plaintiffs. they are void and inoperative. the defendants are liable to pay rs.1,00, .....

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Mar 16 2000 (HC)

Parthasarathy M. Vs. Deputy Commissioner of Labour (Appeals) and ors.

Court : Chennai

Decided on : Mar-16-2000

Reported in : (2001)ILLJ326Mad

..... how the 35 days' wages should be construed the supreme court never wanted to go into the question but said in jeewanlal's case make a law, only then these variations could be minimised. with this, the learned senior counsel would end up his arguments praying for the relief sought for. 15 ..... authority is under challenge'.13. citing the above judgments the learned senior counsel would point out that the supreme court judgment did not lay down the law. he would further contend that section 4 of the maternity benefit act provides six weeks before and six weeks after delivery and hence 12 x 7 ..... only with the task of making periodical review of such social welfare legislations from time to time but also to suggest radical reform of the laws relating to industrial relations which must be brought in tune with the changing needs of the society.' the learned senior counsel would cite yet another ..... point out that a pre-amendment case was considered in the quoted supreme court judgment and would say that the supreme court never laid down a law; that in the case in hand, the particular worker approached the controlling authority who accepted his contentions, but the appellate authority reversed it. the ..... would fix the maximum gratuity as the amount of gratuity payable to an employee shall not exceed twenty months' wages.9. quoting the above provisions of law, the learned senior counsel would argue that prior to the coming into being of the payment of wages act, the payment of gratuity depended on .....

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Jan 25 2000 (HC)

Govindasamy Vs. the President of India, Government of India, New Delhi ...

Court : Chennai

Decided on : Jan-25-2000

Reported in : 2000(1)CTC432

..... the sentence of death inexecutable and to this extent the decision in vaitheeswaran's case, : 1983crilj693 cannot be said to lay down the correct law and therefore to that extent stands overruled'.65. his lordship mr.justice jagannatha shetty, j., in his separate judgment has held that time taken ..... unreasonable way as to offend the constitutional guarantee that no person shall be deprived of his life or personal liberty except according to procedure established by law. the appropriate relief in such a case to vacate the sentence of death'.54. in the decision in sher singh v. state of punjab : ..... resulted in passing the impugned order. it is also frankly conceded by shri. anand swaroop, the learned counsel for the petitioner, that the law does not enjoin upon the state government, in view of the wide powers given to it under section 401 of the code of criminal procedure ..... of the president and his ministers. ............. ........... ...........(323) evidence act is a pre-constitution enactment. section 123 enacts a rule of english common law that no one shall be permitted to give evidence derived from unpublished official records relating to affairs of state except with the permission of the concerned ..... were similar to the powers of crown under british parliamentary system. from 1937, when the government of india act 1935 came into force, the law of pardon in india was contained in section 295 of the act and in sections 401 and 402 of the criminal procedure code 1898. the result, .....

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Aug 01 2000 (HC)

P. Mariammal Vs. Padmanabhan

Court : Chennai

Decided on : Aug-01-2000

Reported in : AIR2001Mad350

..... , whether solemnized before or after the commencement of this act.' it is a fact that divorce was not known to the general hindu law, but then in certain communities, divorce, was recognized by custom and the courts upheld such custom when it was not opposed to public policy. the scheme and object of the ..... custom. the custom must of course, be valid custom. therefore, the finding of the trial court that there cannot be a customary divorce after the advent of hindu marriage act, is erroneous finding of law. the lower appellate court approved the finding of the trial court without applying its mind. 13. the only question is whether customary divorce is proved. it is ..... or whether a customary divorce would effect dissolution of the marriage. section 4 of the hindu marriage act recites as under :-- '4. save as otherwise expressly provided in this act, (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with ..... respect to any matter for which provision is made in this act; (b) any other law in force immediately before the commencement of this act shall cease .....

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Aug 29 2000 (HC)

A. Sadasivam Vs. the Director General of Police, Chennai and Others

Court : Chennai

Decided on : Aug-29-2000

Reported in : 2000(4)CTC163

..... fingers crossed, stating that final report had already been filed. it appears, even the concerned judicial magistrate had not looked into the provisions of the law, but simply took cognizance of an offence under section 498-a, i.p.c. in of 1999. i feel, to ..... and it is doubtful whether the death is an accidental death or homicidal death camouflaged as accidental death. the investigating officer has abused the process of law in filing the chargesheet for the offence under section 498-a, i.p.c. only, when the investigating officer had come to the conclusion ..... further investigation. while so, the third respondenthad hurriedly closed the investigation on 15.5.1999 and filed chargesheet againstthangapandi, his sister pandeeswari and his brother-in-law pondidurai for the offences under section 498-a, i.p.c. 5. poonkodi died within two years of the marriage, and therefore, revenue divisional officer ..... obtained from poonkodi. after the child was handed over to the petitioner, poonkodi. informed her father that her husband, his sister and his brother-in-law set fire to her by pouring kerosene on her and after admitting into the hospital, she was threatened by her husband that if she reveals the ..... 20.1.1997. later, the matrimonial life of poonkodi was not happy. thangapandi, his sister pattu pandeeswari and his mother mala and his brother-in-law pandidurai were demanding dowry. in fact, they demanded a motor cycle, a colour television and rs.20,000 from poonkodi toward dowry. on 5.4. .....

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