Court : Chennai
Decided on : Dec-05-2002
Reported in : (2003)1MLJ253
..... be entitled to commence an action for damages against the tortfeasors. amongst these cases are p.b. kader vs . thatchamma and dewan hari chand v. municipal corporation of delhi, (1973) acj 87 del. the second group of cases are those referred to in paragraph 6 of the decision of the gujarat high ..... paragraph 7 of the judgement of the gujarat high court. they are mohammed habibullah v. k. seethammal, 1966 acj 349 mad, veena kumari kohili v. punjab roadways, 1967 acj 297 (p&h;) and ishwar devi malik v. union of india, 1968 acj 141 del , which take the view that a ..... claimable not only for the loss to the estate but also loss of benefit to the dependants as contemplated under section 1a of the fatal accidents act. the term 'legal representative', therefore, should necessarily include not only persons who represent the estate of the deceased (who can claim loss to the ..... (1974) acj 182, wherein the division bench of this court had dealt with the definition of 'legal representative' under section 110a of the motor vehicles act, 1939 and also the definition available under section 2(11) of cpc in extenso and under section 111a of the motor accidents claims tribunal rules, 1961. ..... who have not so joined, shall be impleaded as respondents to the application.' the expression 'legal representative' has not been defined under the motor vehicles act, 1939. but section 2(c) of the madras motor accidents claims tribunal rules 1961, states that, the term 'legal representatives' occurring in section 110a .....Tag this Judgment!
Court : Chennai
Decided on : Nov-08-2002
Reported in : 113CompCas334(Mad); 41SCL385(Mad)
..... familiar trust corporations are large banks and insurance companies having trustee departments, often separately incorporated,which offer their services as professional trustees. clearly they will not be prepared to act unless they are remunerated, but they have no greater right to remuneration than any other trustee, though there are special provisions where they are appointed by the court. ..... are as under:--(a) to declare, create, or establish, to manage or supervise to endow property upon, in trust, or institutions having charitable objects; and (b) to act as trustees, managers, secretaries, treasurers of any trust or institutions having charitable objects. the first respondent company has other objects also. the petitioner referred to certain salient features of ..... a company can be a trustee in the following words :'to undertake the office of and act as trustee, executor, administrator, manager, agent or attorney of or for any person or persons, company, corporation, government, state, colony, province, dominion sovereign, or authority, supreme, municipal, local or otherwise, and generally to undertake, perform and discharge any trusts, or trust agency ..... which is an occupation or duty which requires attention is a business.23. almost a similar view was expressed by the punjab and haryana high court in model town welfare council v. bhupinder pal singh wherein the punjab and haryana high court held as under:--'whenever the word 'business' is defined in a particular statute, it is to .....Tag this Judgment!
Court : Chennai
Decided on : Mar-04-2002
Reported in : (2002)2MLJ88
..... of fact which can be determined from the materials on record.the supreme court in (d.l.f. housing construction (p) ltd. v. delhi municipal corporation) ruled,'in our opinion, in a case where the basic facts are disputed, and complicated questions of law and fact depending on evidence are ..... mandamus, it is in fact only a certiorarified mandamus. in fact, the supreme court in the decision reported in(swaran singh v. state of punjab), ruled thus,'in regard to a finding of fact recorded by an inferior tribunal, a writ of certiorari can be issued only if in recording ..... board of revenue, took suo-motu action, reopened the case and found that the additional compensation awarded was in violation of section 25(4) of the act and directed the land owner to refund the excess amount. the land owner thereafter approached the high court in writ jurisdiction, contending that the member, ..... that can be usefully referred to is one reported in (maharaja chintamani saran nath shahdeo v. state of bihar), a case arising under bihar land reforms act, 1950. in that case, the land owner was originally paid a compensation calculated three times the net annual income. the land owner, not being ..... fairness and justness. 26(13). if the exercise of the power is arbitrary, unjust and unfair, the public authority, instrumentality, agency or the person acting in public interest, though in the field of private law, is not free to prescribe any unconstitutional conditions or limitations in their actions. 27. it .....Tag this Judgment!