Reported in : 2007(2)CTC243; (2007)2MLJ881
.....cause stating that if she failed to do so, a final order would be passed. on receipt of the said notice, a detailed reply was sent narrating all the facts and pointing out that the sale was made only after a period of 27 years and therefore, there was no violation of the conditions of the assignment, as alleged in the notice. it was also stated that the lay out was approved and transactions were also made in respect of the said lands and there was no dispute in that regard. further, on a perusal of the records, it was clear that there was no conditional assignment of the lands in s. no. 161/1 said to have been made in favour of rosikhan. even though there were no further communications from the third respondent, the second respondent had issued instructions to the sub-registrar, arakonam, not to register the sale deeds in respect of the said lands. therefore, the sub-registrar, arakonam, had refused to register the sale deed and he had insisted that those who were purchasing house plots in s. no. 161/1 should produce adi-dravidar community certificates with the intention of avoiding persons belonging to other communities from purchasing the house sites. accordingly, the.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)CTC231; (2007)2MLJ1162
.....04.08.2004 made in o.s. no. 105 of 2003 on the file of additional district and sessions judge (fast track court no. iii), coimbatore.2. the brief facts leading to the filing of this appeal are as follows:(i) the suit is for recovery of money directing the first defendant to pay rs. 19,25,000/- with subsequent interest at the rate of 18% per annum and for proper account of all the goods sold and shipped to the second defendant after 05.12.1997 till the date of the suit and to direct the first defendant, namely, m/s. vijayeswari textiles ltd., coimbatore, represented by its director to pay a commission of 5% thereon with interest at the rate of 18% per annum. (ii) when the suit was posted on 15.10.2003, the plaintiff and his counsel were not present and hence the suit was dismissed for default. the counsel for the plaintiff filed i.a. no. 223 of 2004 and prayed for restoration of the suit, which was dismissed for default. he has stated that the plaintiff is an old man living in germany. he has travelled to india on many occasions to attend the courts. the trial could not be commenced. on the day when the matter was listed, he could not appear in the court in time and the matter.....
Tag this Judgment! Ask ChatGPTReported in : (2007)2LLJ289Mad
.....same and to direct the respondents herein to reinstate the petitioner in service with all backwages, monetary and other attendant benefits.the brief facts of the case, as stated by the petitioner, are as follows:2. it is stated by the petitioner that he was appointed as a front office assistant in the tamil nadu tourism development corporation limited, through the employment exchange, in the year, 1983. while so, on 15.10.1997, he was placed under suspension. on 24.10.1997, a charge memo was framed containing the charges on 11 counts. though the petitioner had submitted his explanation denying the charges, an enquiry was conducted and the petitioner was found to be guilty of the charges. hence, he was removed from service by the proceedings of the second respondent in proceedings no.5757/o.ni.1/1997, dated 23.12.1998. the petitioner had filed an appeal to the board of directors. since the appeal was kept pending and it had not been disposed of, the petitioner had moved this court by way of a writ petition in w.p.no.3200 of 2003, praying for a writ of mandamus to direct the respondents therein to pass an order on the petitioner's appeal. by an order, dated 3.2.2003, this court had.....
Tag this Judgment! Ask ChatGPTReported in : II(2007)ACC104; 2008ACJ378
.....a permit for its use on road. the apex court further held that the state is empowered to levy tax on all the vehicles which are designed and manufactured for use on the road. the case on hand relates to claim for compensation and therefore, the said decision is not applicable to the facts of the case. 9. in national insurance co. ltd. v. swaran singh reported in : air2004sc1531 , the supreme court has held in paragraph 102 (iii) is as follows:the breach of policy conditions, e.g., disqualification of driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of section 149, have to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence, fake or invalid driving licence or disqualification of the driver for driving at the relevant time, are not in themselves defences available to the insurer against either the insured or the third parties. to avoid its liability towards insured, the insurer has to prove that the insured was guilty of negligence and failed to exercise reasonable care in the matter of fulfilling the condition of the policy regarding use of vehicles by duly licensed driver or one who was not.....
Tag this Judgment! Ask ChatGPTReported in : 2007ACJ1960; 2007(2)CTC318; (2007)3MLJ148
.....the functional disability of the knee due to the injury and in the shoulder, it may not be appropriate to interfere with the finding of the fact based on expert evidence. following the full bench judgment of this court reported in : (2006)4mlj362 (cholan roadways corporation ltd., kumbakonnam v. ahmed thambi and ors.), the separate compensation for disability is liable to be deducted and accordingly compensation of rs. 1,00,000/- for permanent disability is deducted from the final award. 13. the next contention of the learned counsel for transport corporation is that the tribunal has erred in awarding compensation of rs. 75,000/- for pain and suffering and it is excessive. placing reliance on decisions reported in : 2003(3)ctc106 (s. achuthan v. m. gopal and anr.) and (new india assurance company limited v. k. kartheeswaran and anr.), learned counsel for the claimant submitted that the compensation for pain and suffering has to be sustained. 14. in a decision reported in : 2003(3)ctc106 (s. achuthan v. m. gopal and anr.), the injured suffered compound fracture of left tibia and fibula, closed fracture shaft of left femur, compound fracture of 3rd proximal phalanx of left.....
Tag this Judgment! Ask ChatGPTReported in : II(2007)ACC226; 2008ACJ2480
.....madras as inpatient for effective expert treatment for the head injuries, which were critical and serious. the appellant was doing business in sago factory, earning rs. 7,500/- per month. according to the appellant, the accident took place only due to the rash and negligent driving of the second respondent. the fourth respondent is the insurer of the motor cycle owned by the appellant. the appellant claimed rs. 2,50,000/- as compensation from all respondents. 3. the third respondent insurance company resisted the claim of the appellant contending that the motor-cycle was not driven rashly and negligently by the second respondent and it is the appellant, who drove the motor-cycle recklessly. they denied any insurance coverage for the vehicle bearing registration no. tns 4409 driven by the second respondent. 4. the fourth respondent insurance company also resisted the claim of the appellant, disputing the avocation and earning capacity of the appellant. they contended that the injuries sustained by the appellant is due to the rash and negligent driving of the appellant himself and therefore, they are not liable to compensate the appellant and prayed for dismissal of the claim.....
Tag this Judgment! Ask ChatGPTReported in : (2007)3MLJ349
.....of the family pension and gain by it.provident fund, pension or gratuity: provident fund, or pension, or gratuity are deferred payments of satisfactory service, savings and contributions of the deceased employee. these amounts his family would have in any case been entitled to get whether the employee died a natural death or died in an accident. they ought not to be taken into consideration for determining the amount of just compensation as they cannot be termed as pecuniary benefits.life insurance: payment received for life insurance cannot also be considered as a benefit received by the widow or dependants of the deceased. insurance money was payable because premiums were paid by the deceased and a contract was entered into for such payment on death. the tortfeasor cannot be permitted to gain by the deduction of the insurance policy amount.(iv) in dharambir singh v. shanti devi and ors. reported in , the delhi high court has held that,12... the tribunal has also erred in making deductions with respect to payments received by the respondents on account of gratuity, provident fund and for lumpsum payment. these deductions are no longer valid deductions in the eyes of law.(v).....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)CTC619; (2007)3MLJ11
.....to be paid being obviously less than the amount required to clear the debt of the bank, such transaction cannot be completed.(4) keeping in view the facts and circumstances of the case and particularly long passage of time, it would be most inequitable to enforce such an agreement and instead the plaintiff can be adequately compensated.10. while considering the first submission, it is necessary at this stage to notice certain aspects which have transpired during pendency of the appeal. while the appeal was being heard by a division bench on an earlier occasion, such division bench referred the question relating to validity or otherwise of the agreement to a larger bench by order dated 8.12.1997. the full bench of this court examined the question and answered the reference in the decision reported in 1999 (ii) ctc 181. since such opinion has been furnished by the full bench in the very case arising between the parties or even otherwise such decision being that of a full bench, is obviously binding on us as well as on the parties at least for the time being and this bench is bound to follow the opinion of the full bench. it is therefore necessary to refer to the relevant opinion of.....
Tag this Judgment! Ask ChatGPTReported in : (2007)6MLJ468
.....judge of this court quashed such notice on the ground that notice was vitiated due to non-application of mind and non-consideration of the relevant facts. w.a. sr. no. 24962 of 2000, which had been filed after a delay of 213 days, was dismissed and the review application filed against such order of dismissal was also dismissed. such decision had therefore become final and binding between the parties and in such view of the matter, the first defendant ceased to be a statutory tenant. at that stage, the plaintiff issued notice to the first defendant calling upon the defendants to deliver vacant possession. in such notice, keeping in view the provisions contained in the madras city tenants protection act, 1921, now renamed as the chennai city tenant's protection act, 1921, the first defendant was given option to purchase the disputed property as per the value determied by any approved valuer. subsequently, a further notice dated 18.3.2000 was issued whereunder the plaintiffs offered compensation of rs. 50,000/- to the first defendant for the superstructure erected by it. a further notice was issued on 6.10.2001. however, the first defendant had not responded to the notice and.....
Tag this Judgment! Ask ChatGPTReported in : (2007)211CTR(Mad)116; [2007]292ITR362(Mad)
.....& 3589/mds/1990 for the assessment years 1986-87 and 1987-88 raising the following substantial questions of law for consideration:1. whether in the facts and circumstances of the case, the tribunal was right in holding that depreciation should be allowed on stand by spare parts even though they were not taken for use during the year?2. whether in the facts and circumstances of the case, the tribunal was right in holding that the expenses related to obtaining fixed deposits from the public is a revenue expenditure liable for deduction?2. the facts, in brief, are as under:2.1. the assessment years with which we are concerned are 1986-87 and 1987-88. the assessee filed its returns, inter alia, claiming depreciation on standby items such as, spare parts in respect of critical parts of plant and machinery for both the assessment years. in so far as the assessment year 1987-88 is concerned, the assessee claimed deduction of expenses relating to the issue of fixed deposits as revenue expenditure. the assessing officer, however, rejected the said claims of the assessee.2.2. on appeal, the commissioner of income-tax (appeals), as regards depreciation on stand-by items, held that they.....
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