Court : Chennai
..... as advocate general. (ii) the second respondent, who held the post of member of tamil nadu public service commission (hereinafter referred to as "tnpsc") from 16.06.2004 to 26.03.2008, is prohibited from accepting any employment either under the government of india or under the government of tamil nadu as per provision under article 319(d) of the constitution of india. 7. in ..... we are not required to examine other contentions raised by the petitioner including challenge to the explanations (a) and (aa) to article 217(2) inserted by 42nd amendment act, 1976 and 44th amendment act, 1978. the question of constitutional vires is left open and need not be decided in the present case as the respondent no.3 is otherwise eligible under article 217 ..... , articles 165, 217 (2)(b) as well as 319 of the constitution of india. the learned petitioner submitted that the provisions of article 217(2)(b) has been amended by 44th amendment act, which came into force on 20.06.1979 and consequently, the earlier judgments rendered based on the then existing article are not relevant. the learned petitioner also submitted that ..... relevant to incorporate the following paragraphs from the said judgment as hereunder : "significance of explanation (a) and explanation (aa) inserted in article 217(2) vide the forty-fourth constitutional amendment act 46. one of the questions which arises for determination before us is : whether by insertion of explanation (aa) appended to article 217(2)(b), the effect of judgment of .....Tag this Judgment!
Court : Chennai
..... crime no.3068 of 2009 to sections 384 and 506 part i of ipc and section 4 of tamil nadu prohibition of harassment of women (amendment) act, 2002 and section 7 and 13(2) read with 13(1)(d) of prevention of corruption act, 1988 against the police officers (1) rajendran, deputy superintendent of police, (2) v.mohanraj ..... appellant is only an employee of the state government of tamil nadu.52. contending that indian police service officers are the employees of central government, reliance was placed upon the decision of rakesh mittal's case (slp (crl) no.8074 of 2008). in the said case, rakesh mittal belongs to the i ..... transfer of investigation to cbi is not restricted to only constitutional court under article 226 of constitution of india. as held in the decision of (2008) 3 scc 54.[divine retreat centre v. state of kerala and others], the nomenclature of the petition is not decisive. the high court can ..... of such post or position is vested on such person. the appellant working as inspector general of police in west zone, coimbatore from 10.9.2008 to 19.02.2010. thereafter he served as assistant commissioner of police, chennai and then as inspector general of police (armed forces), chennai. he ..... chennai on 15.6.2011.6. during investigation, it was found that appellant while working as inspector general of police, west zone, coimbatore during 2008-2009 under whose jurisdiction ccb, tirupur also comes, abused his official position and extorted money to the extent of rs.2.85 crores from the .....Tag this Judgment!
Court : Delhi
..... death is caused in connection with dowry demand, section 113-b of the evidence act also comes into play. both these sections 304-b indian penal code and section 113-b of the evidence act were inserted by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths. ..... .p. v. raj gopal asawa and anr. : (2004) 4 scc470 balwant singh and anr. v. state of punjab : (2004) 7 scc724kaliyaperumal and anr. v. state of tamil nadu : (2004) 9 scc157 kamesh panjiyar @ kamlesh panjiyar v. state of bihar : (2005) 2 scc388 harjit singh v. state of punjab : (2006) 1 scc463 biswajit haider @ ..... at by the trial court are perverse or there is misapplication of law or any legal principle. in ghurey lal vs. state of uttar pradesh : (2008) 10 scc450 the hon?ble supreme court has laid down the following principles before granting leave to appeal against an order of acquittal: 1. the ..... therefore vide order dated 30.06.2008, case was committed to the court of sessions. 3. to bring home the guilt against the respondents, prosecution examined 21 witnesses in all. material witnesses ..... of her marriage, therefore, all the accused persons were chargesheeted for offences u/s 498a/304-b/34 ipc. i) vide order dated 11.02.2008, ld. mm took the cognizance of the offence and subsequently, since the offence u/s 304-b was exclusively triable by the court of sessions, .....Tag this Judgment!
Court : Chennai
..... , it could declare the transfer to be null and void. but that does not apply to the land owners. in fact, there is no such provision in the land acquisition (tamil nadu amendment) act prohibiting the transfer of the land by the land owner during the acquisition proceedings, although it is impliedly understood that the land owner, who suffered the land acquisition proceedings, shall not ..... consider the petitioner's representation dated 5.10.2005 as per section 48-b of the land acquisition act and pass appropriate orders on merits and in accordance ..... under section 48-b of the land acquisition act, 1894. however, apprehending forcible eviction, the petitioner came to this court by filing w.p.nos.33042, 34471 to 34474 of 2005 challenging the notice issued by the tamil nadu housing board and this court, by disposing off the writ petitions by order dated 11.8.2008, issued a direction to the first respondent to ..... pune municipal corporation case. paragraphs 19 and 20 of the said judgment may be usefully extracted hereunder:- ''19. now, this is admitted position that award was made on 31.01.2008. notices were issued to the landowners to receive the compensation and since they did not receive the compensation, the amount (rs.27 crores) was deposited in the government treasury. can .....Tag this Judgment!
Court : Chennai
Reported in : (1992)1MLJ582
..... as the validity of the said act was not challenged, no writ would lie. the petitioner/appellant then filed the instant petition.3. we have the advantage of ..... registered under the societies' registration act. earlier to the instant petition, he filed w.p. no. 1852 of 1990 seeking to restrain the state of tamil nadu from manufacturing and thereby doing business or trade in the so-called cheap liquor. that was dismissed on the ground that the state government was acting under the tamil nadu prohibition (amendment act 12 of 1990 and so long ..... the return of the respondent herein in the writ petition in which in short a history of various amendments to the law is available ..... that such country liquor is indian-made foreign spirit; or'.8. in section 32 of the principal act, in the third proviso, for the expression 'illicit arrack', wherever it occurs, the expression 'illicit country liquor' shall be substituted.9. (1) the tamil nadu prohibition (amendment) ordinance, 1990 is hereby repealed....the most of offending provisions thus according to the petitioner-appellant are .....Tag this Judgment!
Court : Chennai
Reported in : 2004(4)CTC327; (2004)4MLJ370
..... has been issued with any right of renewal and that such licences issued shall cease to be valid on the expiry of 28.11.2003. this ordinance was replaced by tamil nadu prohibition (amendment) act (act 2 of 2004). this is the subject matter of challenge in these appeals. 3. mrs. nalini chidambaram, learned senior counsel, appeared for some of the petitioners, while mr ..... to renew their licences for the excise year 2003-2004 holding that the amending act scuttles the vested right of those licensees. the said judgment was challenged by the government in the supreme court and sought for the stay and the stay has not been granted. thereafter, the tamil nadu prohibition (amendment) ordinance, 2004 was issued introducing a non-obstante clause with retrospective effect ..... rights should not result in arbitrariness. in the light of the above legal principles, we shall now test the validity of the impugned amendment. 10. section iv-c(1-a) was introduced in tamil nadu prohibition act, 1937, by state act 31 of 2003 by which, for the first time, a retail vending right was created in tasmac. the same was brought into ..... petitions were filed challenging the same and meanwhile, ordinance no.8 of 2003 was promulgated repealing tamil nadu liquor vending rules introducing sub-sections 1-b and clauses (a), (b) and (c) after sub-section 1-a in section 17-c of the tamil nadu prohibition act granting exclusive privilege for retail vending to tasmac which was also empowered to appoint cooperative societies as .....Tag this Judgment!
Court : Chennai
Reported in : AIR1979Mad246
..... -9-1971, the operation of the prohibition act 1937was suspended by the tamil nadu prohibition (suspension of operation) act, 33 of 1971, with effect from 1-9-1971. later, the tamil nadu prohibition (revival of operation (amendment)) act 1974 revived the operation of the prohibition act 1937 with effect from 1-9-1974. the said act of 1974 also brought in certain amendments to the 1937 act. in the original act, a new sec. 24-a was ..... introduced which provided for the auction of the privilege of selling by retail any liquor or article containing any such liquor. subsequently by tamil nadu act 1 ..... trace briefly the history of legislation relating to prohibition in the state of tamil nadu. in the year 1936, purporting to exercise legislative power under entry 31 of list ii of the government of india act, 1935, the madras legislature enacted the madras prohibition act, 1937. the preamble to the said act stated that it was expedient to bring about prohibition, except for medicinal, scientific, industrial or such .....Tag this Judgment!
Court : Chennai
Reported in : 1994CriLJ1882
..... dowell whisky and even admitting that during the material time when offence was committed, he had consumed the same, it is not an offence after amendment to section 4(1)(j) of the tamil nadu prohibition act, 1937 by the tamil nadu prohibition (amendment), act, 1990 (t.n. act no. 12 of 1990), read with notification under section 4(1)(j)(i) by g.o. no. 330, home ..... . prohibition and excise (v), dated 9th march, 1990, published in tamil nadu government gazette on march 10, 1990. in the instant case, the offence is alleged to ..... have taken place on 9-4-1991 when the amendment act ..... (ii) any intoxicating drug; or';' 5. in pursuance of the amendment, the government of tamil nadu, issued a notification dated 10-3-1990, which is as follows :- notification by government ... home, prohibition and excise department ..specification of certain liquors for purpose of certain clause of tamil nadu prohibition act. (g.c. ms. no. 330, home, prohibition and excise (v), 9th march, 1990). no. 11, (2)/ .....Tag this Judgment!
Court : Rajasthan
Reported in : 2001(3)WLC419; 2003(1)WLN255
..... were) in a identical matter have upheld the validity of the similar provision of the tamil nadu prohibition (second amendment) ordinance, 1982. in that case, writ petitions were filed challenging to the constitutional validity of certain sections of the tamil nadu prohibition act and amended act, 1983 and the tamil nadu liquor transit rules, 1982 framed thereunder. the broad out lines of challenge were:(a ..... we may usefully, extract and reproduce para-12 of the above judgment:the scheme of the act and the amendment act, is a consistent whole, regulating production, manufacture, possession, transport, purchase or sale of intoxicating liquors. the amendment act was enacted to prohibit mixing or permitting to mix methanol in arrack or intoxicating drug or failure to take reasonable ..... precautions to prevent acts or omissions of mixing methanol in arrack or intoxicating drug or to be in possession thereof ..... l.m. bharadwaj, made an elaborate and very impressive submissions with reference to the provisions of the constitution of india, identical provisions in the acts enacted by the state of tamil nadu, state of karnataka, state of andhra pradesh and the government of u.p., countering the submissions made by the learned counsel for the petitioners .....Tag this Judgment!
Court : Chennai
Reported in : AIR1990Mad124
..... was on aud from 1-7-1983, the wholesale purchase was taken over by second respondent and thereafter petitioner-company could not sell its products in tamil nadu. prohibition was re-imposed in tamil nadu by amendment act 33 of 1986, which came into force on 1-1-1987, in and by which, second respondent was conferred with exclusive privilege of wholesale purchase of imfs products ..... by the said g.o., the policy decision taken by the government is hit by any of these three factors. since the five manufacturers licensed under s. 17b of the tamil nadu prohibition act, refused to lower prices, a decision was taken to call for all india tenders. they were also allowed to submit their tenders. thereafter, they having agreed for reduction in ..... a power to regularise the manufacture, sale and possession of medicinal and toilet preparations containing alcohol.19. mr. k. vadivelu, learned counsel would then refer to the provisions of the tamil nadu prohibition act, 1937 to pinpoint that, when state government deals with liquor, it was not carrying on trade, business, commerce or intercourse, and that even under the statute it had been made ..... duty at rs. 8/- per proof litre under s. 18-b of tamil nadu prohibition act 1937 (hereinafter called as act) and vend fee of re. 1/-under rule 6 of the tamil nadu distillery rules, 1981 on rectified spirit supplied to them for manufacture of imfs. it was by g.o.ms. no. 753, prohibition & excise, dated 2-9-1983, government had exempted imfs manufacturers from .....Tag this Judgment!