Court : Mumbai
Reported in : 2003(2)BomCR698
..... (r.no. 5896/pfa.s1-91) dated 12-1-1995 by the second respondent-director of public health and preventive medicine and state food (health) authority, published in the tamil nadu government gazette extraordinary dated 12-1-1995 limiting the period of prohibition between the period from 1st january, 1995 to 31st ..... health department, madras & others, : air1996mad459 and the unreported judgment of madras high court in m.n.a. mohammad sultan & sons v. state of tamil nadu, decided on 21-12-2001 in writ petition no. 22877/2001 and submitted that the power conferred on the food (health) authority is statutory, the exercise ..... relied upon the judgment of the learned single judge of madras high court in gandhi irwin salt manufacturers association and etc. v. the government of tamil nadu and etc., : air1996mad109 , the judgment of the division bench of the madras high court in the appeals arising from the aforesaid judgment titled t ..... . the division bench of madras high court negatived the contention advanced by the appellants/petitioners therein that section 107(a) of the tamil nadu public health act, 1959 prescribed the conditions under which the sale of food can be undertaken or in the manner in which the food is prepared ..... of the union list and entries 1 and 6 of the state list and applying the dictum of lord selborne in queen-empress v. burah, 1878(3) a.c. 889 observed thus :' ........... the legislatures in our country possess plenary powers of legislation. this is so even after the division .....Tag this Judgment!
Court : Chennai
Reported in : AIR1989Mad111; (1988)IIMLJ1
..... even after it becomes contentious and as such court-fee is not payable as a suit under article 11(k) of schedule ii to the tamil nadu court-fees act.16. in so far as the decisions rendered by paul j. in natarajan v. parthasarathi and others t. o. s. no. ..... fee is now demanded on the basis of the provision contained in article 11, sub-clause (k) of schedule ii of the tamil nadu court-fees and suits valuation act, 1955, which provides as follows-__________________________________________________________________particulars proper fee__________________________________________________________________(k) (i)application for probateor letters of administration to have effect throughout indiatwenty ..... reason is that if the legislature had intended that such proceedings should be treated as suits and not as applications, there is nothing to prevent the legislature from making a simple and clear provision to the effect that such proceedings might be converted into a suit and treated as ..... the properties, on an application filed under sections 276 and 222 of the succession act, for grant of probate regarding a will when the matter becomes contentious.2. the petitioner in c.r.p. 1878 of 1987 filed the petition in o.p. 5 of 1985 on the file ..... of the learned principal district judge, tiruchinapalli, under sections 276 and 222 of the succession act praying for the grant of probate of the will of .....Tag this Judgment!
Court : Gujarat
Reported in : 51STC88(Guj)
..... are treated as entirely different from cloth or textile they cannot be rightly classified as textiles falling within item 4 of schedule iii to the tamil nadu sales tax act. 39. in m. jeewajee & co.'s case  34 stc 4 these very articles of tarpaulins were the subject-matter of the reference. the assessee, who was a dealer ..... rexine, p.v.c. cloth, rubberised or synthetic waterproof fabrics, etc., made with cloth as base, are not textiles falling within item 4 of schedule iii to the tamil nadu general sales tax act, 1959. the madras high court held that inasmuch as the processed articles have different properties and characteristics and are intended for different use, and since in commercial circles they ..... that decision in the context of the amendment made in the indian penal code in the definition of 'public servant'. the said words were not expressly defined in the prevention of corruption act, 1947, and it has borrowed the definition from section 21 of the indian penal code, and thereof, it was a definition which amounted to legislation by incorporation. the question ..... legislation would be bad. bose, j., expressed in frank language his displeasure at such legislation but accepted its validity on the ground of practice recognised ever since burah's case (1878) 5 ia 178 and thought that that practice was accepted by the constitution-makers and incorporated in the concept of legislative function. there was thus no unanimity as regards the .....Tag this Judgment!
Court : Chennai
..... resolution of the first respondent dated 24.08.2015, quash the same as illegal and consequently forbear the respondents herein from in any way preventing the petitioner from holding and functioning as the president of the tamil nadu medical council, chennai till the expiry of his term of office.) 1. the petitioner has come forward with this writ petition challenging the ..... .08.2015 to elect a new president of the first respondent council. according to the learned senior counsel for the petitioner, there is no provision either under the tamil nadu medical registration act or any other regulation to move a no confidence motion against the president of the council. further, the impugned resolution has been passed without convening any meeting preceded ..... support of the writ petition is that he was the duly elected president of the first respondent council, which is a statutory body within the state of tamil nadu as provided under the tamil nadu medical registration act 4 of 1914. according to the petitioner, the members of the first respondent will be nominated and duly elected in accordance with section 5 of the ..... , 305 pg registration certificate from 29.07.2015 to 14.08.2015. subsequently, after the second respondent was elected as president on 24.08.2015, he has issued 1878 under graduate resignation certificate and 1047 pg registration certificate. the second respondent also issued about 18000 cme certificates along with the registrar in his capacity as president of the council .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1972SC1586; (1972)2SCC11; 3SCR815
..... of mantras, vedas, prabandas, thevarams and similar invocations and the performance of duties connected with such performance and recitations. sections 55 and 56 of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act 22 of 1959) provide for appointment of office holders and servants in the religious institutions by the trustees by applying the rule of hereditary succession also. ..... appointment of all office holders in the hindu temples should be abolished and accordingly it proposed to amend sections 55, 56 and 116 of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act xxii of l959).7. it is the complaint of the petitioners that by purporting to introduce social reform in the matter of appointment of archakas ..... ceremonies and, therefore, the claimants had no right either to the temple or to perform the worship. in view of the amendment act and its avowed object there was nothing, in the petitioners' submission, to prevent the government from prescribing a standardized ritual in all temples ignoring the agamic requirements, and archakas being forced on temples from denominations unauthorised ..... hereditary archaka can claim any right to the office. see: kali krishna ray v. makhan lai mookerjee i.l.r. cal. 233; nanabhai narotamdas v. trimbak balwant bhandare (1878-80) vot. 4 unreported printed judgments of the bombay high court page 169 and maharanee indurjeet keoer v. chundemun misser 16 w r 99. thus the appointment of an .....Tag this Judgment!
Court : Chennai
Reported in : 125STC107(Mad)
..... manner of relief sought for or the nature of writ, these writ petitions involve for consideration the constitutional validity of section 12(3) of the tamil nadu general sales tax act, 1959, as introduced by substitution by tamil nadu act no. 25 of 1993, providing about seven rates of penalties in graded scales and form, depending upon the difference in the tax paid and tax ..... have carefully considered the submissions of the learned counsel appearing on either side. in our view, the challenge to section 12(3) of the tamil nadu general sales tax act as incorporated by the amendment introduced by tamil nadu act no. 25 of 1993 on the ground that it is violative of article 19(1)(g) of the constitution of india has no merit whatsoever ..... not necessarily conform to the scales in graded form stipulated by the impugned provision. argued the learned counsel further, that any provision for penalty, which could be only to prevent any infraction of law, cannot be divorced from the element of contumaciousness which has necessarily to be attributed to the assessee in a given case before saddling him with ..... considered to be a judicial tribunal and after referring to a catena of authorities, relevant provisions of the sea customs act, 1878 and the nature of the adjudicatory proceedings as contained in that act, opined that an adjudicatory authority functioning under the act was merely an administrative machinery of the purpose of adjudging confiscation, determination of duty or the increased rate of .....Tag this Judgment!
Court : Chennai
Reported in : 1992CriLJ3221
..... be proceeded against and punished accordingly unless he satisfies the court that he had exercised due care in the prevention of the commission of such an offence.' section 14-a had been inserted by the tamil nadu prohibition (amendment) act, 1979 and s. 14(1) and the proviso extracted above, substituted the original provision. 13. a ..... in cc. 10291/82 on the file of the x metropolitan magistrate, madras challenging his conviction for an offence under s. 4(1)(a) of the tamil nadu prohibition act, 1937 and sentence of imprisonment for a period of one year and a fine of rs. 2,000/- imposed by the trial court and confirmed in ..... the sentence imposed on a. 1 and that a. 1 would be entitled to the benefit of two remission government orders passed by the government of tamil nadu under s. 432, cr.p.c. and the entire sentence of imprisonment for the period of 1 year, would stand remitted under the above said ..... the vehicle, so that the court could reasonably infer, that in the normal course of events, the owner of the vehicle, could not have prevented the criminal act of his driver and cleaner. this is a case, in which there was a full lorry load of 5312 bottles of liquor of different varities ..... v. azad bharat finance company, : 1967crilj285 relied on by the learned counsel for accused no. 3 was rendered under the opium act 1878 as amended by the madhya bharat amendment act. the relevant provisions extracted in the above judgment would show that they are basically different from those under this .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; 141STC358(SC)
..... later stage as is, administratively or otherwise, most convenient'.basing itself on the aforesaid observations, this court concluded that even if rule 22 of the tamil nadu rules provides for realization of the excise duty from the corporation that was only a convenient method of collection, the primary obligation to pay excise duty ..... liquor which was produced and sold to the state marketing corporation. it is the contention of mr. iyer that the provisions of the law in tamil nadu relating to the levy of this tax is more or less parimateria with the corresponding provisions of law in kerala. in particular, reliance was placed ..... may be noticed is the decision of the full court in re : the bill to amend section 20 of the sea customs act, 1878 and section 3 of the central excises and salt act, 1944 : 1963 (3) scr 787 in which the law was stated in the following words :-'this will show that the ..... the province of madras v. boddu paidanna and sons : air 1942 fc 33 the federal court observed as under :-'there is in theory nothing to prevent the central legislature from imposing a dirty of excise on a commodity as soon as it conies into existence, no matter what happens to it afterwords, ..... were regarded as one and the same. this court in paragraph 87 of the report observed :-'87. on an analysis of the various abkari acts and excise act it appears that various provinces/states reserve to themselves in their respective states the right to transfer exclusive or other privileges only in respect of .....Tag this Judgment!
Court : Kerala
Reported in : 1998(2)ALT(Cri)241; 1998CriLJ321
..... other immoral activities. both of them were arrested and crime case no. 245/96 was registered under sections 3 and 7 of the immoral traffic (prevention) act, 1956 for keeping a brothel and carrying on prostitution. in the first information report, the circle inspector of police, central police station has stated that ..... persons, several time and at several places like five star hotels at ernakulam, luxurious hotels in ootty, kodaikkanal, munnar, madras and some other places of tamil nadu. when she went out for a pleasure trip with other men, neither sunny nor suresh accompanied her. on several occasions, she was left exclusively in the ..... chand (1996) 2 scc 37 : 1996 cri lj 1354; state of u.p. v. o.p. sharma (1996) 7 scc 705 : 1996 cri lj 1878; state of bihar v. rajendra agrawalla (1996) 8 scc 164 : 1996 cri lj 1372; and rashmi kumar v. mahesh kumar bhada (1997) 2 scc 397 and ..... been reiterated and the following dictum is laid down:the high court should sparingly and cautiously exercise the power under section 482 of the code to prevent miscarriage of justice. the high court would be loath and circumspect to exercise its extraordinary power under section 482 of the code or under article ..... should quash the criminal proceedings in crime no. 5/96 of vanitha police station, ernakulam (crime no. 192/cr/96ofthc cbcid) against the petitioners to prevent the abuse of the process of court.17. the original petitions are allowed. the proceeding in crime no. 5/96 of vanitha police station, ernakulam .....Tag this Judgment!
Court : Chennai
Reported in : AIR1996Mad212; (1995)IIMLJ549
..... out their pleadingrs separately.6. in the written statement filed by 13th defendant in sept. 1992, she seeks to claim right under hindu succession (tamil nadu amendment) act, 1989. but, in the reply statement filed thereafter, filed by the plaintiff, it is pleaded that since the plaintiff had issued a legal ..... and his sons or even between the sons inter se. the partition so made however, must be fair and equal. see kandaswami v. doraiswami aiyar ilr (1878) mad 317 and venkatapathi raju v. venkatanarasimha raju, ilr . (mayne's hindu law, 11th edn. !950, pp. 547 and 548)..... if the ..... they are available for partition. likewise part of the item f of a schedule has been acquired by the government under the land acquisition act and there is no dispute that the plaintiff and other coparceners will have their respective shares therein.11. learned counsel for the 1st respondent- ..... were married earlier to the said date). 8. accordingly since there are ten coparceners including the abovesaid 13th defendant, pursuant to the abovesaid amendment act, the court below has granted 1/10th share to the plaintiff and passed preliminary decree for partition.9. learned counsel for the appellant made the ..... fertile and income yielding properties. the 1st defendant has been realising enormous income therefrom. for the purpose of avoiding tax laws and land reforms act, the subsequent acquisitions were made in the names of plaintiff and defendants 1, 2 and 9, though the acquisitions were made from out of .....Tag this Judgment!