Court : Chennai
Decided on : Jun-12-2009
Reported in : (2009)5MLJ1174
..... is concerned, in terms of letter of intent, it can be claimed in the following circumstances:(i) if the sale is not proceeded with on account of withdrawal by m/s.hma, or (ii) if m/s.ssi is compelled to withdraw from acquisition or defer the execution of the share purchase agreement on ..... and acknowledged to our client that the transaction had not been consummated due to its own internal issues, and that the earnest money deposit had been validly forfeited.therefore, learned senior counsel for the respondent/plaintiff contended that two suits are based on independent cause of action and subsequent events and therefore, order ..... letter of intent, it was clear that, time was the essence of the contract and since the 1st respondent herein did not fulfill his obligations and proceed further for the purchase of the shares from the petitioner herein, the petitioner had suffered loss and the earnest money was forfeited, to the knowledge of ..... legal notice dated 16.4.2005 which is extracted earlier. the respondent/plaintiff's plea is that it is only after the paper publication in the hindu on 5.4.2005 and after the institution of the injunction suit o.s. no. 2245 of 2005 before the city civil court that the ..... was kept in abeyance for more than five years. (e) on 5th april, 2005, (i.e.) after nearly five years, the english newspaper, the hindu, reported a news item about the purchase of the target company m/s.isc by us based company called as m/s.efunds international india private limited. based .....Tag this Judgment!
Court : Chennai
Decided on : Apr-09-2009
Reported in : (2009)5MLJ1303
..... a criminal case. the learned counsel also relied on : 2scr297 (shanti prasad v. director of enforcement), wherein the supreme court held that proceedings under act are quasi-criminal in nature and the prosecutor has to establish beyond all reasonable doubt that there has been a violation of the law.15. ..... initial burden of prove that the confession was voluntary in nature would be on the department. the special or peculiar knowledge of the person proceeded against would not relieve the prosecution or the department altogether of the burden of producing some evidence in respect of that fact in issue. ..... revealed that there was no denial of reasonable opportunity for the appellant to produce evidence in support of his plea. therefore, the order of confiscation proceedings were confirmed and the penalty was reduced to rs. 30,000/- each for violation of section 9(1)(b) and (d) total penalty of ..... , who allegedly had given the statements to the authorities.6. the appellant was remanded to judicial custody on 11.9.90. during the adjudication proceedings, smt.mariam beevi and ramraj were not produced for cross examination. the appellant contended that this was a gross violation of principles of natural justice ..... the supreme court held in that case as follows.19. the act is a special act, which confers various powers upon the authorities prescribed therein. even the salutory principles of mens rea and actus reu in a proceeding under the act may not be held to be applicable. it is now a .....Tag this Judgment!
Court : Chennai
Decided on : Jan-09-2009
Reported in : (2009)IIILLJ111Mad
..... and the workman,(a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding or(b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman:provided that no such workman shall be discharged or ..... certain statutory provisions and the rules relating to 'protected workman.' sub-sections (2), (3) and (4) of section 33 of the industrial disputes act are as follows:(2) during the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute or, where ..... the letter, dated april 17, 1990 addressed to the management was sought to be marked, the enquiry officer refused to mark the said letter and simply closed the enquiry proceedings ex-parte.12. learned counsel for the appellant further submitted that when the violation of principles of natural justice in not providing sufficient opportunity to cross examine the management witnesses ..... appellant continued to be a 'protected workman.'6. on consideration of the relevant (provisions, section 33(3) of the industrial disputes act and rule 65 of the tamil nadu industrial dispute rules, 1958, with reference to the enquiry proceedings, the learned single judge found that the appellant did not produce ;any document to establish that he was a protected workman; that .....Tag this Judgment!
Court : Chennai
Decided on : Aug-04-2009
Reported in : (2009)IVLLJ786Mad
..... termination simplicitor on medical ground but the termination with stigma the same would fall within the scope of 'retrenchment' as defined in section 2(oo) of the industrial disputes act. to appreciate the said arguments, it is worthwhile to extract the relevant portion of the order of termination which is as follows:after taking all the factors into consideration ..... health cannot be termed as retrenchment. thus, the order of termination in this case, would not amount retrenchment. therefore, the question of following section 25(f) of the act would not arise.6. i have heard both the learned counsel for the petitioner/workman and the learned counsel for the 2nd respondent/management and have also perused the records ..... reinstatement in service with backwages as section 25(f) of the act was not followed.5. no counter has been filed by the 2nd respondent. however, the contention ..... the principles of natural justice.(iii) under section 2(oo) of the industrial disputes act, 1947 (hereinafter referred to as 'the act'), the termination of the petitioner amounts to retrenchment which should have been preceded by disciplinary action. in the case on hand, no such disciplinary proceedings were initiated and therefore, the retrenchment is illegal. thus, the petitioner is entitled for .....Tag this Judgment!
Court : Chennai
Decided on : Mar-04-2009
Reported in : 2009ACJ2218; (2009)2MLJ293
..... above case, the supreme court observed as follows:20. sections 95(a) and 95(b)(i) of the motor vehicles act adopted the provisions of the english road traffic act, 1960, and excluded the liability of the insurance company regarding the risk to the passengers. section 95 provides that a policy of ..... and to continue to discharge their obligation as hitherto. no doubt, the aforesaid instructions cannot be enforced in an m.a.c.t. proceeding in the sense that we cannot direct that the insurance company shall reimburse the insured fully or that the full decree against the insured may ..... 1986. the same referred to compensation payable to pillion riders in case of comprehensive policy. the clarification/circular has no relevance so far as act policy cases are concerned and it related to only comprehensive policy'; andthere is no dispute that the circular dated 2.6.1986 refers to comprehensive ..... declaratory, but only clarificatory and as per section 64u, govern the insurers.15. the provisions relating to motor accidents claims in the motor vehicles act form a self-constituted code and they are intended to benefit the unfortunate legal heirs of an accident victim or the unfortunate injured in an ..... a private car would apply to a pillion rider carried on a two wheeler gratuitously. according to the claimant, it is only cases involving act policies that the risk of such victims are not covered. in a package policy or a comprehensive policy, such gratuitous occupants are automatically covered .....Tag this Judgment!
Court : Chennai
Decided on : Sep-29-2009
Reported in : (2009)226CTR(Mad)313; 185TAXMAN438(Mad)
..... bench of this court held that the said section was valid in law. the division bench however noted that there was a conspicuous omission in section 11d of the central excises and salt act, that any provision whatsoever to initiate any proceedings or entertain and adjudicate upon any dispute with reference to the ..... (public services tribunal bar assn. v. state of u.p.) the hon'ble supreme court has held as under in paragraph 26:26. the constitutional validity of an act can be challenged only on two grounds viz. (i) lack of legislative competence; and (ii) violation of any of the fundamental rights guaranteed in ..... be highly arbitrary and unreasonable and in violation of article 14. stretching the argument a little further, we find that the argument does not proceed on the footing that any severe hurdle created in regard to the compliance of the procedure prescribed in respect of the various deductions to be ..... of income tax)(v) : (2002) 254 itr 337 (omkars s. kanwar v. union of india and ors.)(vi) : air 1941 (federal court) 72 (hindu women's right to property act)(vii) : air 1980 sc 1042 (all saints high school v. govt. of a.p.)(viii) (2000) 120 stc 302 (b.r. enterprises v. state ..... such as section 13 of the m.p. accommodation control act, 1961, section 11 of a.p. buildings (lease and eviction) control act, 1960, section 11(4) of bombay rents, hotels and lodging house rates control act, 1947, section 15 of delhi rent control act, 1958 and so on. thirdly, the provision suffers from .....Tag this Judgment!
Court : Chennai
Decided on : Nov-27-2009
Reported in : 2009(171)LC254(Madras); 2010(249)ELT324(Mad)
..... as to whether on the enactment of mines and minerals (regulation and development) act, 1957, the demand notice issued on 1.8.1960 under the orissa mining areas development fund act, (act 27 of 1952) is valid after the supersession of the act. it is held that every later enactment which supersedes an earlier one or puts ..... and in paragraph 61 the supreme court held thus,61. in gajraj singh case the court observed that the proceedings under the repealed act would be continued and concluded under the act as if the act was not enacted. the court observed that four things would emerge from its operation. one, there must exist ..... of actions already initiated like suspension or revocation of licence or pendency of any appeal against any order passed, etc. and only to continue the proceedings, such a clause was added in the preamble.25. in the light of the above decisions and having regard to the findings given by us ..... of any rule, regulation, notification or order so amended, repealed, superseded or rescinded; or(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal ..... proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the rule .....Tag this Judgment!
Court : Chennai
Decided on : Aug-07-2009
Reported in : (2009)6MLJ1162
..... society : (2005) 3 scc 212).57. the learned counsel appearing for the first respondent had further stated that once it is accepted that the state legislature had validly enacted the anna university, coimbatore act, 2006, the petitioner cannot contend that the first respondent does not have the power to conduct courses in 'allied sciences' and to approve such courses being conducted by ..... courses should be offered only by the arts and science universities and therefore, such courses should not be offered in the colleges affiliated to the anna university. however, by the proceedings, dated 8.4.2008, the first respondent university had informed the member-secretary about the resolution passed by the syndicate of the first respondent university.21. it has been further ..... power to do all things, which are necessary to prevent what would make 'coordination' either impossible or difficult. this power is absolute and unconditional and in the absence of any valid compelling reasons, it must be given full effect according to its plain and express intention. within the concepts of coordination and determination of standards in institutions for higher education or ..... means that 'the meaning of a word is to be judged by the company it keeps.' gajendragadkar, j. explained the scope of the rule in state v. hosptial mazdoor sabha : 1960-2 s.c.r. 866 in the following words:this rule, according to maxwell, means that, when two or more words which are susceptible of analogous meaning are coupled together .....Tag this Judgment!
Court : Chennai
Decided on : Jul-07-2009
Reported in : (2009)6MLJ470; 2009(41)PTC427(Mad)
..... payable by him to the appellant/plaintiff and in this regard, the appellant/plaintiff is directed to file necessary application by means of separate proceeding and the trial court shall determine the same in the manner known to law and the points 1 to 4 are answered accordingly thereby perforcing ..... in any manner and that the appellant/plaintiff is not entitled to seek the relief of injunction in any manner against him and without any valid reason and evidence, the appellant is not entitled to claim the relief of damages from him and also the appellant is not entitled to ..... of deciding the application for interim injunction unless evidence has been led or is available of user of their registered trade mark. and : air1965bom35 and : 1scr968 , relied on; order d/- 30.9.1976 (delhi) in suit no. 381 of 1976, reversed.'16. in the instant case on hand, ..... defendant with a dishonest intention has adopted the trading style label similar to that of appellant/plaintiff and has practised deception and has committed an act of passing off infringement of trade mark of the appellant/plaintiff and resultantly, the appellant/plaintiff is entitled to the relief of permanent injunction ..... similar mark and making the unwary consumers to believe that the product of the respondent originates from that of the applicant, thus committed an act of passing off infringement of trademark.'13. countering the submissions of the learned counsel for the appellant, the learned counsel for the respondent submits .....Tag this Judgment!