Chennai Court March 1993 Judgments
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Sunshine International and anr. Vs. the Collector of Customs and ors.
Court: Chennai
Decided on: Mar-09-1993
Reported in: 1993(42)ECC282
ORDERBakthavatsalam, J.1. The prayer in the writ petition No. 2501 of 1993 is as follows:.to issue a writ of certiorarified mandamus calling for the records of the proceedings of the Deputy Collector of Customs in order No. S8/305/92-Gr.H dated 9.10.1992, quash the same, direct the respondents to release the goods in accordance with the past practice.2. The prayer in the writ petition W.P. No. 2503 of 1993 is as follows:.to issue a writ of certiorarified mandamus calling for the records of the proceedings of the Deputy Collector of Customs in order S8/297/92-Gr.I. & II dated 15.10.1992, quash the same and direct the respondents to release the goods in accordance with the past practice..3. Though the petitioners are different, the issue raised in both the writ petitions is one and the same. The petitioner in W.P.No. 2501 of 1993 imported 13000 kilograms of cassia from Singapore valued at Rs. 3,49,906/- and when he filed bill of entry No. 30327 dated 4.9.1992 for clearance of the goods f...
N. Palaniappan and ors. Vs. the Regional Transport Authority
Court: Chennai
Decided on: Mar-09-1993
Reported in: (1993)1MLJ623
ORDERK.S. Bakthavatsalam, J. 1. The prayers in all these writ petitions are one and the same, viz., for a direction to the respondent to dispose of the applications of the petitioners for the grant of two contract carriage permits dated 13.11.1992.2. Learned Counsel for the petitioners contends that the applications submitted by the petitioners to the respondent had been returned on the ground that the order of this Court passed by Srinivasan, J., in W.P. No. 17779 of 1992 on 19.11.92 will apply to the petitioner therein alone. According to the learned Counsel the respondent has not applied its mind and it ought to have passed orders on merits as held by Srinivasan, J. in the application submitted by the petitioners.3. Learned Government Advocate takes notice.4. After going through the endorsement of return made by the respondent and on going through the affidavit filed in support of the writ petition, I am of the view that the respondent has understood the implication of the order pas...
Vincent Vs. Tneb and anr.
Court: Chennai
Decided on: Mar-08-1993
Reported in: (1994)ILLJ220Mad; (1993)IMLJ624
ORDERJanarthanam, J.1. The petitioner J. Vincent, it is said, was functioning as Assistant Divisional Engineer in the services of the Tamil Nadu Electricity Board (respondent 1). While so functioning, he was served with a Memo No. SE/RE/ST/Confl. 20/ 82, dated June 30, 1982 issued by the Superintending Engineer/Rural Electrification, Madras, for initiation of disciplinary proceedings cataloguing various charges framed against him. Likewise the Superintending Engineer, Chen-galpattu Electricity System, Kancheepuram, served a memo No. Sec/Adm.2/JA.1/DP.PR/ 448/83 dated April 5, 1983 on him cataloguing various charges.2. Two sets of charges, if proved are liable to be vitiated with penalty of removal or dismissal from service as stated above, were inquired into by the Chief Engineer (Personnel), Tamil Nadu Electricity Board, Madras-600 002 (respondent 2) and after the conclusion of the inquiry, he submitted a report to respondent-1 Board holding the petitioner guilty of certain grave char...
M/S. P.T. Bell and Co., Madras Vs. the Union of India and Others
Court: Chennai
Decided on: Mar-05-1993
Reported in: AIR1993Mad312
ORDER1. The petitioner, M/s. P. T. Bell & Co., Publishers and Book-sellers, is locatedat No. 15, Sunkurama Chetty Street, Madras-1. They are having a telephone number, being 2,5,6,3,4. They, it is said, had been using the telephone facility for well over 18 years and the bill at any point of time during those period did not exceed Rs. 400/- to Rs. 500/-and only during the years 1983-84 they used to get telephone billing in astronomical figures, not having any relevance or commensuration of the real user of the telephone. This should have been on account of some defect or other either in the mechanical installations or in the meter reading apparatus and the process of reading.2. The following bills were raied for the dates as mentioned below Bills dated 7-8-19S3 for Rs. 8,509/-; 7-10-1983 for Rs. 5,414-50; 7-12-1983 for Rs. 8,409/-; 7-2-1984 for Rs. 13,068/- and 7-4-1984 for Rs. 6,001/-; thus totalling to Rs. 41,401 -50. The petitioner has therefore asked for disconnection of STD facili...
i.T.C. Ltd. Vs. Collector of Central Excise and anr.
Court: Chennai
Decided on: Mar-05-1993
Reported in: 1993(43)ECC98
ORDERVenkataswami, J.1. In all these cases, the point raised for consideration is covered by a Division Bench Judgment of this Court reported in Union of India v. Asia Tobacco Co. Ltd. : [1992]196ITR318(Mad) and the Division Bench has held that the notification issued under Section 25 of the Act to become effective and enforceable required to be published and the publication means not only printing it, but also making it known to the public in the sense of making available copy of the Notification for sale to the public. In the cases on hand the date of notification, when it was made available and other details are given as below:--_____________________________________________________________________________W.P. No. Notification involved with date Date when madevailable to the public_____________________________________________________________________________4552/87 284/82 dated 30.11.82 08.12.92 [sic 82?]4553/87 - do - - do -4588/87 100/85 dated 25.03.85 15.04.854589/87 201/85 dated 0...
R. Ranganatha Reddy Vs. the State of Tamil Nadu and ors.
Court: Chennai
Decided on: Mar-05-1993
Reported in: (1993)2MLJ106
ORDERSrinivasan, J.1. The petitioner is a transport operator from Kerala State with contract carriage permit granted under Section 74 of the Motor Vehicles Act, 1988 read with Rule 144(b) of the Kerala Motor Vehicles Rules. The permit is valid from 11.7.1991 to 10.7.19%. Under the permit, the petitioner is entitled to operate the vehicle in the State of Kerala, Karnataka and Maharashtra from Tellicherry to Bombay (via) Kannoor, Poyyanur, Kasargode, Mangalore, Udupi, Kunhapur, Ankola, Archilghat, Hubli, Dharward, Padayam, Nipani, Kolhapur, Sathura, Pune and Bombay. It was made conditional subject to counter-signature by the State Transport Authorities of Karnataka and Maharashtra on tax payment basis and also that the vehicle shall commence operation only after the permit is duly counter-signed by the State Transport Authorities. The petitioner obtained a special permit under Section 88(8) of the Act on 30.8.1991 valid from 1.9.1991 to 7.9.1991. Under the said permit, the petitioner was...
R. Veerabadhra Pillai Vs. the Tribunal for Recognised (P) Schools (Sub ...
Court: Chennai
Decided on: Mar-05-1993
Reported in: (1993)2MLJ218
ORDERJanarthanam, J.1. The petitioner R. Veerabhadra Pillai, having the educational qualifications, namely, B.A. (Tamil), B.Sc., (Botany) and B.T. joined as a B.T. Science Assistant in Zamindarani Kamulammal Memorial Higher Secondary School (then known as Victoria Memorial High School) of which the Secretary and Correspondent of the school committee is the third respondent) on 9.6.1960. Similarly the 4th respondent R. Kamaraj, having educational qualifications, namely, B.Sc., and B.Ed., joined as a B.T. Science Assistant in the third respondent's school on 25.8.1975. The petitioner, while functioning as such, obtained Post Graduate Degree, namely, MA in Tamil in 1964. Likewise, the fourth respondent also got the Post-Graduate degree, that is, MA in Tamil in 1978.2. During the academic year 1978-79, Government of Tamilnadu by its G.O.Ms. No. 2464, Education, dated 19.11.1977 upgraded many a High School in the State of Tamilnadu as Higher Secondary Schools, with a new pattern of educatio...
M. Muthuswamy Kandiar Vs. State of Tamil Nadu
Court: Chennai
Decided on: Mar-04-1993
Reported in: AIR1993Mad243; (1993)IMLJ217
ORDER1. The Government's (respondent) declining to sanction State Freedom Fighter's pension to one M. Muthuswamy Kandiar, a resident of Palanjur village, Pattukkottai Taluk, Thanjavur District (petitioner) in its Letter No. 18283/84-1, Public (PPIII) Department, dated 3-3-1984 is the subject-matter of challenge now praying for the issue of a Certiorarified Mandamus.2. Learned Counsel appearing for the petitioner, in a bid to assail the impugned order would raise three contentions:(1) The order impugned is a non-speaking one; (2) It suffers from the vice of violation of principles of natural justice in not affording any opportunity at all to the petitioner; and (3) The singling out of the petitioner, in refusing to grant the Freedom Fighter's pension as prayed for by him, pure and simple, discriminatory, inasmuch as persons placed in similar circumstances had been favoured with the grant. 3. Learned Additional Government Pleader would however strike a discordant note to all these submi...
G. Sumathi Vs. the Director of Medical Education, Madras and Others
Court: Chennai
Decided on: Mar-04-1993
Reported in: AIR1993Mad328
ORDERK. S. Bakthavatsalam, J.1. Theprayer in the writ petition is issue a writ of mandamus or direction in the nature of writ, directing the respondents to give admission for the petitioner in the first year M.B.B.S. course in the Government Madras Medical College, Madras-600003 with College Code 01 for her entrance No. 222609 in the year 1992-93 session or in the ensuing session of the first year M.B.B.S. course in Madras Medical College.2. The short point that arises for conside-ration in this case is whether the petitioner is entitled to a seat in the first year M.B.B.S. course for the academic year 1992-93, under the special category Item V of Annexure-I. In Annexure-I, about 53 seats are reserved for nine categories out of which Item V is for 'Tamil language'. Guidelines with regard to the selection under the head 'Tamil Language' is provided for in Annexure-VIII. Annexure-VIII reads as follows :'Tamil Language The following categories of students only shall be made eligible to a...
The Union of India, and Others Vs. Rizwan International
Court: Chennai
Decided on: Mar-04-1993
Reported in: AIR1993Mad336; 1993(42)ECC183; (1993)IMLJ569
ORDERSomasundaram, J.1. This Writ Appeal has been filed against the order in W.P. 10444 of 1992, issuing a 'Writ of Mandamus directing the appellants herein to issue a licence for the export of the goods to the value of U.S. Dollars 75,000/- against the letter of credit No. 41-2432445-031.2. The respondent, a partnership firm, is recognised exporter. The main products of export is musical instruments parts made out of red sanders wood. The respondent has installed the necessary infrastructures for carrying on its export business by setting up a production facility at No. 1, Riswan Madhavaram. Red Sanders wood is widely used by Japaness for making the musical instrument known as 'Shamisen'. Export of Red sanders musical instruments and chips, powder and koto-parts had been taking place in the past several years from Tamil Nadu as per the exports and imports policy prevailing up to 31-3-1992, The export of the said products was on the basis of the licence issued by the Chief Controller o...
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