Court : Chennai
Decided on : Jan-20-2009
Reported in : 2009CriLJ3114; (2009)222CTR(Mad)470; 309ITR277(Mad); 179TAXMAN212(Mad)
..... the petitioner have not reached finality; the assessee has filed a tax case in tax case sr nos. 35552 to 35556 of 2008 on 22-4-2008 before this court with a petition to condone the delay and such delay is yet to be condoned. basing reliance on the pendency of the tax ..... the provisions of chapter xv mentioned above....it is, thus, clear that the complaint by private person and the complaint by court or public servant acting or purporting to act in the discharge of his duties have been put on different pedestal in the scheme of the code and without recording any ..... when the tax case will be finally disposed of and therefore submitted that when the disposal of the proceedings under the act namely the tax case pending before this court is not imminent there is no scope for either adjourning or postponing the hearing of the criminal case. he further pointed ..... therefore, quashed the prosecution. in p. jayappan v. s.k. perumal first ito : 149itr696(sc) this court observed that the pendency of the reassessment proceedings under the act cannot act as a bar to the institution of the criminal proceedings and postponement or adjournment of a proceedings for unduly long period on ..... complaint; a mere perusal of the allegations contained in the complaint prima facie reveals the ingredients of the offence under section 35(b) of the act and therefore the cognizance taken by the learned magistrate is in accordance with law. in support of his contentions the learned special public prosecutor relied .....Tag this Judgment!
Court : Chennai
Decided on : Mar-13-2009
Reported in : (2009)6MLJ289
..... by the state that the petitioners were not entitled to consequential benefits in view of legislative provision and overriding effect under section 11 of the act. the court, however, negatived the contention. it observed that it is open to a competent legislature to remove a defect in a legislation. such enactment ..... v. arooran sugars limited reported in : air1997sc1815 held as follows:para 16. the scope of a non obstante clause and of validating act has been examined by this court from time to time. reference in this connection be made to the judgment in the case of shri prithvi cotton mills ltd. v. ..... with the aid of legislative power by making a provision which, in substance and in reality, overrides and overrules a decision rendered by a competent court. such process virtually renders a judicial decision ineffective by indirectly exercising appellate power over a judicial forum which is impermissible....22. mr. a.sivaji, ..... till date, no steps were taken to get the petition ordered by this court.8. while one set of writ petitions came up for hearing on 04.11.2008, w.p. no. 4083 of 1999 came up on 19.12.2008. since in all the writ petitions, identical contentions have been raised, they ..... were heard together and a common order is being passed.9. when orders were passed by the authorised officer, the said matter came up for consideration in a revision petition before this court. the decision in .....Tag this Judgment!
Court : Chennai
Decided on : Jul-09-2009
Reported in : (2009)6MLJ321
..... plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by order grant a temporary injunction to restrain such act or make such other order for the purpose of staying and preventing...or dispossession of the plaintiff or otherwise ..... can and must vindicate their claims before the independent and legitimate judiciary created there since the independence of 1947.the confidence reposed in the indian courts by an american judge can be reinforced only by the dismissal of these applications.31. the learned senior counsel except by reiterating the protest ..... by way of damages. the third condition also is that 'the balance of convenience' must be in favour of the granting injunction. the court while granting or refusing to grant injunction should exercise sound judicial discretion to find the amount of substantial mischief or injury which is likely to ..... or an organization is threatened from its very existence or their right to carry on business is curtailed, neither the state authorities nor the court will rush to prevent such actions through preventive orders or impose prior restrains.28. even multi national companies such as the plaintiff are allowed ..... so.14. the learned senior counsel also placed reliance upon the judgment of the madhya pradesh high court in dr. p.g. najpande v. state of madhya pradesh and ors. reported in : air 2008 madhya pradesh 55, to state that in the name of demonstration or protestation, the life in .....Tag this Judgment!