Court : Chennai
Reported in : AIR1981Mad318; (1981)2MLJ254
..... the add rajpramukh issued an ordinance applying all the laws obtaining in the state of patials, including the patiala recovery of state dues act 2002 bk. to the entire state of pepsu. after the promulgation of the constitution of india an january 26, 19w, pepau became pot of the indian union as a part b ..... this regulation stated:'whereas doubts have been entertained as to the liability of the estate of a minor not taken under the management of the court of wards, to be sold for arrears of revenue; and whereas it is considered expedient, for the due protection of the property of minors and other ..... 2) the collector on receiving the certificate shall proceed to recover the amount stated therein as an arrear of land revenue.' the supreme court observed (at p. 804) 'the act is passed with the object providing a speedier remedy to the state government to realise the loans advanced by it or by the uttar ..... x of 1831 was a regulation to prohibit the sale of estates belonging to minors not under the charges of the court of wards, and to extend the provisions of section 20, regulation v of 1804, to property of every description not subject to the jurisdiction of that ..... incapacitated persons, that the provisions of section 23, regulation v, 1804, should be extended to property of every description not subject to the jurisdiction of that court, the .....Tag this Judgment!
Court : Chennai
Reported in : II(2008)BC699
..... be held that notice to the firm will amount to notice to the partners and vice-versa.20. therefore, in the considered view of this court the contention of the learned counsel appearing for the petitioner merits acceptance and the contention of the learned counsel appearing for the respondent is liable ..... 2 ors. v. shasun chemicals and drugs ltd. (supra), the decision in girish chandra pandey v. kanhaiyalal chandak (supra), of the calcutta high court cannot be relied upon.19. it is pertinent to point out that admittedly the notice sent to the firm and other partners namely a1 and a2 were ..... drawer. only when that process fails, the cause of action, as envisaged in section 138, would arise against them, to enable the complainant to approach the court, within the stipulated time so. the starting of the process is, the service of notice on the persons, who represent the company, the drawer of the ..... the learned counsel appearing for the petitioner relied upon the following decisions, viz.:(i) b. raman and 2 ors. v. shasun chemicals and drugs ltd. ii (2008) bc 83 : ii (2008) clt 91 : 2006(2) lw (cri.) 775 (db).(ii) poppys spinning mills (p) ltd. v. c. visalakshi and anr. .9. in the ..... and it was placed before the court, but without rectifying the defect what was found in the notice issued to the opposite party. but, this would not satisfy the legal requirements. the legislative intent of a notice in a proceeding under section 138 of the negotiable instruments act is making the opposite party .....Tag this Judgment!
Court : Chennai
Reported in : 2008(2)ARBLR598(Madras)
..... . from the judgments cited by the learned senior counsel and referred to above with regard to the scope of section 34 of the arbitration and conciliation act, 1996 it is clear that the supreme court has held that where the arbitrator has applied his mind to the pleadings, the evidence adduced and the terms of the contract there is no scope for ..... to the time limits laid down in clause 67.1 of the contract. the respondents hold that unless claimants seek extension of time from a competent court under section 43(3) of the arbitration and conciliation act, 1996, claim no. 1 has ceased to be arbitrable. the claimants respond to this argument by taking the stand that in reality there was no ..... that an arbitral award be set aside, the period between the commencement of the arbitration and the date of the order of the court shall be excluded in computing the time prescribed by the limitation act, 1963 (36 of 1963), for the commencement of the proceedings (including arbitration) with respect to the dispute so submitted.(i) claims confirmed because engineer's decision ..... now calls the 'first step':a similar contention advanced on behalf of the respondent has been negatived by this court construing the relevant provisions of sections 138, 141 and 142 of the act in sadanandan bhadran v. madravan sunil kumar : 1998crilj4066 . this court observed that a combined reading of section 138 and section 142 leaves no room for doubt that cause of action .....Tag this Judgment!
Court : Chennai
Reported in : II(2008)DMC278
..... grounds constituting cruelty for granting divorce.18. no doubt, in the aforesaid precedents, various sets of facts are found dealt with and the hon'ble apex court also highlighted as to what type of acts perpetrated by one spouse as against the other spouse would amount to cruelty. with the aforesaid factual as well as legal background, let me proceed to decide ..... applied to wife's evidence. to the risk of repetition, without being tautologous, i would observe that here the husband approached this court with certain averments seeking divorce and this court holds that the husband failed to prove convincingly the act of cruelty and, furthermore, the preponderance of probabilities as highlighted are against the plea of the husband. similarly the wife could not ..... matrimonial home is not possible any longer....(iii) parveen mehta v. inderjit mehta : air2002sc2582 . an excerpt from it would run thus:17. this court, construing the question of mental cruelty under section 13(1)(i-a) of the act, in the case of g.v.n. kameswara rao v. g. jabilli : 1scr153 , observed (scc pp. 303-04, para 12)-12. tine ..... court has to come to a conclusion whether the acts committed by the counter-petitioner amount to cruelty, and it is to be assessed having regard to the status of the parties in social life, their customs, traditions and other .....Tag this Judgment!
Court : Chennai
Reported in : (2008)4MysLJ586
..... who is in occupation and therefore, the order of ejectment is a nullity in law. it is clear that section 41 of the presidency small cause courts act, 1882 mandates that the claim to make an occupier to be a party in a suit for ejectment is unsustainable. for better understanding of the said ..... as a tenant. he would also submit that the petitioner has no right to claim any right under section 41 or 43 of the small causes court act. he also submits that even as per the licence agreement between the petitioner and the first respondent, the petitioner can never be treated as a tenant ..... petitioner later came to know that the third respondent has filed an ejection suit against the first respondent under section 41 of the presidency small cause courts act, 1882 and the third respondent has agreed to pay the cost of existing superstructure.2(c). in the ejectment appeal filed by the respondents 1 and ..... decree dated 08.06.2007 passed in the ejectment suit and also to implead itself apart from filing application under chennai city tenants' protection act, 1921. the rent control court has heard the applications and reserved orders. in the meantime, the first and second respondents have stopped supplying petroleum products to the petitioner from ..... of process of law and the same is illegal. he would submit that as per section 41 of the small causes court act, 1882, the petitioner being a person in possession is entitled for notice and therefore, the order of eviction passed by the small causes .....Tag this Judgment!
Court : Chennai
Reported in : 2008(5)MhLj1469; LC2008(3)19
..... plaintiff has not proved his copyright in the photographs by adducing any acceptable evidence and that the original transparency relied on by the respondent/plaintiff has not been produced in court and that the suit photographs lake louis and the tiger drinking water are common objects and any one can take the said photographs as no copyright is involved and that ..... to take from another for the purpose of saving labour is one of the ingredients to be found against the defendant. as a matter of fact, the object of copyright act is to protect the commercial value of productive effort, the individuals mind intended to protect all intellectual property capable of extensive reproduction. copyright is transmissible by assigning, by testamentary ..... brady and ors. v.chemical process equipments p. ltd. and anr. , it is laid down as follows:civil p.c. (5 of 1908), order39, rules 1 and 2 - copyright act (14 of 1957), section 55 - infringement of copyright - application for injunction restraining defendants from dealing in machines which were substantial imitation of plaintiff's unit - striking general similarity between defendant ..... copyright or trade mark 'camlin flora'.25. he also relied mostt. rajwati devi and anr. v.the joint director, consolidation, govt. of bihar, wherein it is held as follows:evidence act (1 of 1872), section 61 - documents upon which reliance is placed - must be brought on record legally - documents do not prove themselves - passing of order on basis of documents - .....Tag this Judgment!
Court : Chennai
Reported in : 2008(4)ARBLR355(Madras)
..... the arbitrator had no jurisdiction to arbitrate in the disputes and differences between the parties.referring to section 55 of the indian contract act, the apex court pointed out that where the contract provided that time is the essence of the contract, such a stipulation has to be read along ..... dispute to the arbitrator which was rejected by the state. thereupon, the contractor filed an application under section 20 of the arbitration act, 1940. the apex court held that the difference between the contractor, and the state arose on the date of service of demand notice on the contractor and ..... of the same transaction giving rise to different causes of action when the bank approached the debts recovery tribunal and the borrower before the civil court, the supreme court, in state bank of india v. ranjan chemicals ltd. and anr. : (2007)1scc97 , considered what constituted elements of a cause of ..... hence, does not help the petitioner herein in their contention. learned counsel appearing for the petitioner referred to the division bench decision of this court in hindustan construction co. ltd. v. tamil nadu electricity board (supra), which granted interest from the date of reference. having regard to ..... applied in om prakash srivastava v. union of india and anr. : (2006)6scc207 and again applied in eastern coalfields ltd. v. kalyan banerjee (2008) 3 mlj 977. the circumstances indicating the infringement or violation or denial of a right are the basis on which the aggrieved party seeks relief .....Tag this Judgment!
Court : Chennai
Reported in : (2008)7MLJ1119; 2009(40)PTC653(Mad)
..... there is a paradigm shift from 'competitor's interest' to 'consumer's interest' in such cases. in united states of america v. bayer corporation, the district court of new jersey, acting at the instance of the federal trade commission, injuncted the manufacturer of aspirin drug from making any therapeutic performance claim for such product unless the respondent possessed a reasonable ..... the applicant/ plaintiff to take private notice to the respondent. after service of notice, the applications for injunction were moved in the vacation court, on the ground that urgent interim orders were required. on 21.5.2008, the respondent/defendant filed an affidavit of undertaking to the effect that the defendant would not use the words 'only' and 'first' ..... products and(ii) o.a. no. 494 of 2008 for an interim order of injunction restraining the respondent from showing, screening, exhibiting or telecasting the offending tv commercials/advertisements which seek to disparage/denigrate the applicant's products.3 ..... tooth pastes and for damages to the tune of rs. 10,01,000/-. pending suit, the plaintiff has come up with -(i) o.a. no. 493 of 2008 for an interim order of injunction restraining the respondent from making any false, misleading or disparaging representations or from making any slanderous statements/ representations in respect of the plaintiff's .....Tag this Judgment!
Court : Chennai
Reported in : (2008)8MLJ312
..... the case in hand brings out gross discrimination in the matter of implementing the service conditions of the retired judges contained in section 23-d of the high court judges (conditions of service) act by conferring the same on those who are residing in the 15 cities and not conferring the same on those who are residing outside those 15 cities. 8 ..... stand-point, we see no justification on the part of the executive government to deny the statutory entitlement of a retired judge of a high court to receive medical facilities under section 23-d of the act merely because he does not reside in any of the 15 cities where the c.g.h. scheme is in operation.... 9. in view of ..... bench observed:6. ...in our considered opinion, the opposite party union government is not entitled to deny the rights of a retired high court judge to get the medical facilities conferred upon him under section 23d of the act by deciding that only those retired judges residing in the 15 cities would be entitled to and not others. as a necessary corollary ..... suitable provisions for implementing the benefits conferred upon the retired judges of the high courts, more particularly the retired judges of this court which they have acquired under section 23-d of the high court judges (conditions of service) act. (ii) until such action is taken, the retired judges of this court may be granted the facilities of availing the c.g.h. scheme at .....Tag this Judgment!
Court : Chennai
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!