Chennai Court June 1993 Judgments
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J. Devi (Minor) Vs. Government of Tamil Nadu and Another
Court: Chennai
Decided on: Jun-21-1993
Reported in: AIR1994Mad293
ORDER1. The writ petition is for the issue of a writ of mandamus directing the respondents to select and admit the petitioner for first year M.B.B.S. Course 1992-93 under physically handicapped quota in any of the Government Medical Colleges in Tamil Nadu.2. The petitioner had applied for selection to the First Year M.B.B.S. Degree Course for the academic year 1992-93 under the Special Category, i.e., under the Physically Handicapped quota. Three seats are reserved for this special category. Though there are various categories under Physically Handicapped group, we are concerned with category (g) of Annexure VII, which reads -'Hand function within normal limit without any aid.'The petitioner had secured 185.50 out of 200 marks in the qualifying examination and 44.6 marks in the Entrance Examination and sought admission into First Year M.B.B.S. Course under the said special category, i.e., under the category physically handicapped. The petitioner had sent two certificates -- one from Dr...
K. Manickavasagam Vs. Managing Director, Twad Board and ors.
Court: Chennai
Decided on: Jun-18-1993
Reported in: (1994)ILLJ949Mad; (1993)IIMLJ351
ORDERSomasundaram, J.1. This writ petition has been filed for the issue of a writ of declaration for declaring that Regulation 19(2)(C)(ii)(3)(C) of Tamilnadu Water Supply and Drainage Board Service Regulations, 1972 is illegal and void.2. The Tamilnadu Water Supply and Drainage Board (hereinafter referred to as 'TWAD Board') was formed on April 14, 1971 by an Act called the Tamilnadu Water Supply and Drainage Board Act, 1970 (hereinafter referred to as the Act). The Regulations governing the service conditions of the Officers and employees of the TWAD Board called Tamilnadu Water Supply and Drainage Board Service Regulations, 1972 (hereinafter referred to as the Regulations) were made under Sub-sections (1) and (2) of Section 73 of the Act and these Regulations were issued on December 13, 1972. The employees of the TWAD Board are classified under various services such as TWAD Board General Service, TWAD Board Engineering Service, TWAD Board Engineering Subordinate Service, TWAD Board ...
Twad Board Employees' Union (Citu) Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Jun-17-1993
Reported in: [1994(68)FLR57]
ORDERA.R. Lakshmanan, J. 1. By consent of both parties, the main writ petition itself is taken up for final disposal. 2. Notice of motion was ordered by this Court on 25.7.1991. The respondents were served as early as on 13.8.1991. The Additional Secretary to Government, Labour and Employment Department, Secretariat, Madras-9, has filed a counter affidavit on behalf of the first respondent, State of Tamil Nadu. 3. The writ petitioner is the TWAD Board Employees Union (CITU), represented by its General Secretary. The writ petition has been filed by them for a certiorarified mandamus to call for the records of the first respondent in G. O. Ms. No. 1690, Labour Department and letter No. 116580/B1/89-8 and quash the orders dated 14.9.1989 and 10.6.1991 and refer the industrial dispute raised by the petitioner union vide representation dated 27.12.1988 for adjudication by the Labour Court at Madurai. 4. I have heard Mr. K. Chandru for the petitioner and Mr. Sengottuvel, Government Advocate ...
Neyveli Lignite Corporation Ltd., Represented by the Secretary Vs. P.R ...
Court: Chennai
Decided on: Jun-17-1993
Reported in: (1993)2MLJ523
ORDERA.R. Lakshmanan, J.1. By consent of parties, the main writ petitions have been taken up for disposal.2. In these writ petitions, the Neyveli Lignite Corporation prayed for issue of writ of certiorarified mandamus by calling for the records leading to the award of the 3rd respondent/Subordinate Judge, Vridhachalam, made on 13.1.1992 in L.A.O.P. Nos. 121 and 149 of 1981 and to quash the same and consequently direct the 3rd respondent to proceed with the reference in accordance with law. The writ petitions were admitted by this Court on 13.7.1992, and interim stay of the awards in question was granted on the same day. The 1st respondent has filed a common counter affidavit in both the writ petitions. I have heard the arguments of Mr. N.A.K. Sharma, for the petitioner and Mr. R. Krishnamurthi, learned Senior Counsel for the 1st respondent.3. According to Mr. N.A.K. Sharma, the writ petitioner is aggrieved that the awards in question have been passed without hearing the petitioner, whi...
Twad Board Employees Union (Citu) Represented by Its General Secretary ...
Court: Chennai
Decided on: Jun-17-1993
Reported in: (1993)2MLJ540
ORDERA.R. Lakshmanan, J.1. By consent of both parties, the main writ petition itself is taken up for final disposal.2. Notice of motion was ordered by this Court on 25.7.1991. The respondents were served as early as on 13.8.1991. The Additional Secretary to Government, Labour and Employment Department, Secretariat, Madras-9, has filed a counter affidavit on behalf of the first respondent, State of Tamil Nadu.3. The writ petitioner is the TWAD Board Employees Union (CITU), represented by its General Secretary. The writ petition has been filed by them for a certiorarified mandamus to call for the records of the first respondent in G.O.Ms. No. 1690, Labour Department and letter No. 116580/B1/89-8 and quash the orders dated 14.9.1989 and 10.6.1991 and refer the industrial dispute raised by the petitioner union vide representation dated 27.12.1988 for adjudication by the Labour Court at Madurai.4. I have heard Mr. K. Chandru for the petitioner and Mr. Sengottuvel, Government Advocate for th...
Durairaju Naidu Vs. the State of Tamil Nadu and Others
Court: Chennai
Decided on: Jun-16-1993
Reported in: AIR1994Mad68
ORDERSomasundaram, J.1. This writpetition has been filed for the issue of a writ of declaration, declaring Rule 39 of the Tamil Nadu Minor Mineral Concession Rules. 1959 (hereinafter referred to as Rules), as unconstitutional, illegal and null and void.2. According to the petitioner he was granted lease with respect to quarry in Survey No. 782/1 in Kulathur village and he has been agitating for the renewal of the said lease. His further case is that he apprehends that the respondent can exercise their prerogative under the impugned Rule to grant lease to somebody else and that he has filed the present writ petition in order to safeguard his interest.3. Entry 54 of List I of the seventh Schedule to the Constitution of India reads as follows:'Regulation of mines and mineral development to the extent of which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.'Entry 23 of List II of the same Schedule to th...
A. Rukumani and anr. Vs. V. Gopalaswamy and anr.
Court: Chennai
Decided on: Jun-16-1993
Reported in: (1993)2MLJ598
Thangamani, J.1. Appellants are the plaintiffs in O.S. No. 1501 of 1980 on the file of learned Principal Subordinate Judge of Coimbatore. They are the daughters of one Krishnama Naidu and his wife Papammal alias Thulasiammal. One P.K. Venugopal is their brother. In 1938 Krishnama Naidu was convicted by the Sessions Court, Coimbatore on a murder charge and he was hanged. It is the case of the appellants that the suit property measuring Sacres and 36 cents in Survey No. 4, Goodalore village is their ancestral lands. After the death of their father, they inherited the same, as his legal heirs. Respondents are their distant dayathies. Since the two sisters were married, their younger brother P.K. Venugopal was mostly remaining with the respondents and cultivating the lands with their assistance. He was treated as one among the members of the respondent's family. From 1978 his whereabouts were not known. The appellants, suspect some foul play on the part of the respondents in the disappeara...
Ashok Leyland Ltd. Vs. Collector of Central Excise
Court: Chennai
Decided on: Jun-14-1993
Reported in: 1993(44)ECC88; 1993(68)ELT65(Mad)
ORDER1. The petitioner challenges an Order of the first respondent passed in CW/52/13/4/82-CX ADJ. I dated 11-9-1984.2. The petitioner is a Company incorporated under the Companies Act and engaged in the business of manufacture of heavy duty motor vehicles and industrial and marine engines. In the course of its business, the petitioner utilises manufacturing capacities of automobile ancillary industries in accordance with recognised practice of the trade and in accordance with the policy of the Government of India to encourage such small scale industries. In that way, the petitioner had entrusted to the second respondent certain job works by supplying raw materials to the second respondent. After receiving the finished/semi finished articles from the second respondent, the petitioner used the same in the course of manufacture of its excisable goods which it then clears after payment of appropriate excise duty. The controversy is, whether the petitioner is to be treated as `manufacturer...
Tamil Nadu Minority Educational Institution Protective Council Vs. the ...
Court: Chennai
Decided on: Jun-11-1993
Reported in: (1993)2MLJ309
ORDERSrinivasan, J.1. This writ petition has been filed by Tamil Nadu Minority Educational Institutions Protective Council for issuing of writ of mandamus directing the respondents who are the Educational Authorities and the Government to permit the students of the institutions mentioned in Annexures 3,5 and 6 in the Judgment of this Court in P.M. Joseph v. State of Tamil Nadu by Secretary, Education Department and Ors. W.P. No. 9494 of 1992, dated 27.4.1993, to sit for examination to be conducted by the respondents and pass further orders.2. In W.P. No. 9494 of 1992 we quashed the orders of recognition granted in favour of the institutions mentioned in Annexure 5 and Annexure 6 excepting one Institution by name Annai Sathiya Teachers' Training Institute (Women), Chidambaram, South Arcot District, our order is passed on the reasoning that none of the institutions complied with the requirements of G.O.Ms. Nos. 535 and 536, dated 17.5.1989. The validity of G.O.Ms. No. 536 was upheld by u...
K.M.L. Narasimhan, Larsen and Tourbo Ltd. and Another Vs. Union of Ind ...
Court: Chennai
Decided on: Jun-08-1993
Reported in: AIR1994Mad83; 1994(46)ECC72
ORDER1. Uarson & Toubro Limited, ECC Construction Group (for short 'company') is having its Principal Office at Manapakkam, Madras-600089 while its Registered Office is at 'I., and T House'. Ballard Estate Bombay. The Principal Office of the Company, it is said, looks after the construction work, such as bridges, stadia, airports etc., in India and abroad. The company, amoung other workshops and units, is stated to have an approved workshop within KFTZ (viz. Kandla Free Trade Zone) in Gujarat State, functioning under the control of the Madras Office. 2. The Indian Engineering Industry, in recent times, it is said, has made rapid progress and has been in a position to secure valuable foreign contracts. The Principal raw material required by the industry is steel. Although Steel Industry is a key industry in Indian economy, the price of indigenous steel is much higher than the price of steel in the international market. The JPC (viz. Joint Plan Committee). It is said, announced a substan...
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