Thursday, August 15, 2019

Madurai Bench Quashes Order Stating Procedural Irregularity

The Madurai Bench of Madras High Court, on 01 August 2019, passed a Judgment quashing an Order of The Joint Director, Medical, Rural Health and Family Welfare, Virudhunagar.

The Judgment states that, "there is no proof to establish that the copy of the enquiry report was furnished to the writ petitioner
enabling him to submit his objection. No second show cause notice was also issued for the purpose of getting explanations from the writ petitioner. In view of the procedural irregularity committed by the respondents in
communicating the copy of the enquiry report and providing an opportunity to the writ petitioner to submit his further explanation, this Court is of the opinion that the writ petition is necessarily to be remanded to the authority concerned for the purpose of complying with the procedures.

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Wednesday, August 14, 2019

Equivalence to Degree from Bharathidasan University Ordered

The Madurai Bench of Madras High Court, on 01 August 2019, in a Judgement, directed the  Principal Secretary to the Government, Department of Higher Education, Secretariat, Chennai to obtain report from the Equivalence Committee and consider the petitioner's claim (regarding the Equivalence  to his M.Sc., Degree (Statistics and Informatics) awarded by the Bharathidasan University) and pass appropriate orders, by following the procedures under the Government Orders, within a period of four months from the date of receipt of the report from the Equivalence Committee, and also communicate the same to the petitioner.
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TNPSC Vacancies to be Filled From Reserve List of Select Candidates

The High Court of Judicature at Madras on 01 Aug 2019, in response to a prayer of the petitioner to "direct the respondents (TNPSC) to appoint the petitioner as Assistant Commissioner Hindu Religious & Charitable Endowment Department for the vacancy that arose in the year 2011&12, has ordered in favour of the petitioner.

The respondent had communicated that, "supplementary selection could not be made for the vacancy caused due to cancellation of provisional selection" of a certain person.  The petitioner has put to challenge this communication, in the present writ petition.

The learned counsel appearing for the petitioner would submit that the petitioner ought to have been automatically appointed on the basis of her name finding a place in the “reserve result”, since, it is incumbent upon the Commission to maintain a wait list in case of any vacancy arising due to disqualification of any selected candidate or non joining of any candidate and the vacancy can be filled up only from the “reserve list” to be maintained by the Commission.
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Tuesday, August 13, 2019

Lawyer Fees : Tamil Nadu Legal Services Authority

Under the instructions of the National Legal Servic s Authority, New Delhi, the Tamil Nadu State Legal Services Authority has issued a circular dated 17 Oct 2016 detailing the fees and Honoraria payable to it's Panel Lawyers appearing in different courts, inclusive of Subordinate Courts, Tribunals Courts and the Supreme Court.
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Sue within 3 Years for Survey Correction of Boundaries: HC Madurai Bench



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In a case at the Madurai Bench of the Madras High Court, involving among other prayers, a prayer for the decree for making alteration in the resurvey plan, the judgment delivered dated 01 August 2019, states that, according to Section 14 of Tamil Nadu Survey and Boundaries Act, 1923, "Institution of a suit in Civil Court within three years to establish rights claimed in respect of the boundary of the property surveyed" adding that, "Any person deeming himself aggrieved by the determination of any boundary under Sections 9, 10, 11, 12~A or 12~B may, subject to the provisions of Parts II and III of the Limitation Act, 1963 (Central Act 36 of 1963) institute a suit within three years from the date of the notification under Section 13 to set aside or modify the said determination and the survey shall, if necessary, be altered in accordance with the final decree in the suit and the alteration, if any, shall be noted in the record."

The Judgment further quoting one of it's earlier Judgment in this regard, added that, "in the absence of modification by a decree in a suit under Section 14, the survey isconclusive of the correction of the boundaries.Therefore,  the court reasons that "the bar to a suit imposed by Section 14 of the Act applies only to correction of boundaries and not to questions of title."

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Monday, August 5, 2019

Tamil Nadu eRegistration Rules 2019

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In exercise of powers under the relevant clause, sub_section, section of the Registration Act 1908, the Inspector General of Registration, under prior approval of the government of the state, as required under the clause, subsection, section of the Act, had made the Rules, attached here in.
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Divergent Orders

The G.O(Ms)No 172 Abstract states ad verbatim as follows: "Disaster Management - Corona Virus Disease (Covid-19) - Infection preventi...