Chennai Court January 1994 Judgments
V. Radhakrishnan Vs. State of Tamil Nadu and Another
Court: Chennai
Decided on: Jan-31-1994
Reported in: AIR1995Mad196
ORDERSrinivasan, J.1. The prayer in this petition is for issue of a Mandamus directing the respondents to consider and pass orders on the memorandum dated 28-7-1993 and subsequent reminders submitted by the petitioner's Association for modifying G.O.Ms. No. 535 Education (UI) Department, dated 17-5-1989, within such time as may be prescribed by this court.2. By G.O.Ms. No. 535, dated 17-5-1989, the Government prescribed rules for grant of recognition to private teacher trading Institutes. This applies to non-minority institutions, while the minority institutions are governed by G.O. Ms. No. 536 of the same date. The validity of both the G.Os. was upheld by this Court and the Supreme Court. The Petitioner Association has made an application to the Government for amending G.O. Ms. No. 535. The prayer in the writ petition is to direct the Government to consider the application. We do not think it proper for this court to issue directions to the Government to consider applications for amen...
Tag this Judgment!S. Vijayasankar Vs. the Secretary to Govt. of Tamil Nadu, Education De ...
Court: Chennai
Decided on: Jan-31-1994
Reported in: AIR1995Mad303
ORDER1. The prayer in the writ petition is to issue a writ of mandamus directing the respondents to admit the petitioner herein either in the third respondent college, or in any other Engineering College under the free seat Category as provisionally selected by the 2nd respondent in his proceedings Ref. No. 9000/31/93 dated 30-8-1993 in respect of the petitioner's registration No. 313153.2. The petitioner, after completing Higher Secondary Course, Vocational Education during 1990-92 appeared for the improvement examination in September, 1992, in respect of Mathematics, General Machinist Theory. It seems the petitioner wanted to score higher marks with ambition to get a seat in Engineering course and appeared for the improvement examination for the second time in March, 1993. The petitioner, appeared for the entrance examination, conducted by Anna University in June, 1993, in which he applied for First year B.E. course with the marks obtained in the second improvement examination in Mar...
Tag this Judgment!Sundaram Alias Balasundaram Vs. State
Court: Chennai
Decided on: Jan-31-1994
Reported in: 1994CriLJ2490
1. This appeals is by the accused Sundaram alias Balasundaram who has been convicted under section 376 I.P.C. and sentenced to undergo rigorous imprisonment for ten years. 2. The case against the accused is that PW 1 Nagmani was born to PW 3 Karuppusamy on 11-6-1971. She was studying in eighth standard in a school at Neelikonamapalaum. On 21-12-1985 Saturday as the school was only for half a day she came to her house at 12.30 p.m. Her father and mother had left for work. At 5.30 p.m. when she was sweeping with a broomstick in the bed room the accused who was living in the neighbouring street came into the bed-room, closed and bolted the door from inside, and threatening to kill her if she would shout he pushed her down, opened her blouse, tore the bracier and pressed her breasts and lifted her petticoat and had sexual intercourse with her. Then he got up and opening door went away. PW 1 had pain in her private part and her chest, and she was crying. 3. At that time PW 2 Nagarajan who w...
Tag this Judgment!M. Gnana Vanitha Mary, Correspondent, Anni Mary Teacher Training Insti ...
Court: Chennai
Decided on: Jan-31-1994
Reported in: (1994)2MLJ268
Srinivasan, J.1. The first of the writ petitions is filed by the correspondent of Annai Mary Teacher Training Institute (for Men and Women) for issue of a writ of declaration declaring that G.O.Ms. No. 645, Education, dated 20.7.1992 providing for Teacher Training Courses in Government-aided Institutions which do not conform to the standards prescribed in G.O.Ms. Nos. 535 and 536, Education, dated 17.5.1989 as illegal, improper and violative of Article 14 of the Constitution of India. In the second writ petition, which is filed by the Correspondent of Annai Velankanni Teachers Training Institute, the prayer is to issue a mandamus forbearing the respondents therein from in any manner conducting or running the Diploma Course in Teachers Education or admitting the students to the first year Diploma Course or to the second year Teacher Training Course in the academic year 1993-94 and subsequent years so long as the institutions as detailed in Annexure-I do not satisfy or fulfil the conditi...
Tag this Judgment!K.N. Sankaranarayanan and Another Vs. Shree Consultations and Services ...
Court: Chennai
Decided on: Jan-28-1994
Reported in: [1994]80CompCas558(Mad); (1993)IIMLJ298
Thangamani, J. 1. The appellants claim to be the managing director and director respectively of Senka Carbon P. Ltd., the second respondent herein. Some of the shareholders of the company entertained a grievance against them that from its very inception, the financial affairs of the company have been grossly mismanaged and the second appellant has made personal gain at the cost of the company and its shareholders. The entire action on the part of the appellants are mala fide, a gross abuse of power, inequitous and motivated exclude the majority shareholders and unjustly enrich themselves. Both have connived together in managing the affairs of the company in such manner so as to make vast secret profits. Thereupon, the present first respondent, Shree Consultations and Services P. Ltd., came forward with Company Petition No. 59 of 1992 before the Company Law Board, Principal Bench, New Delhi, seeking a declaration that the appellants have ceased to be directors of the company, appointmen...
Tag this Judgment!Vasantha Mills Ltd. Vs. Industrial Reconstruction Bank of India and Ot ...
Court: Chennai
Decided on: Jan-28-1994
Reported in: [1995]83CompCas216(Mad)
Srinivasan, J.1. These three applications have been posted before us as directed by the Chief Justice on a reference by a single judge. The first application is filed by the first respondent in O.P. No. 137 of 1987. The prayer is for discharging the advocate-receiver appointed in Application No. 1153 of 1987 and directing him to hand over possession of the mills and its assets in his custody to the chairman-cum-managing director at the petitioner-company pursuant to the order of the Appellate Authority for Industrial and Financial Reconstruction, dated September 27, 1993. The necessary facts are in short as follows : The company by name Vasantha Mills Limited, which was promoted in 1923, fell on evil days. In 1980, Sri Arvind Kikani took over the management of the company by acquiring controlling interest and undertook modernisation of the mill with term loans from IDBI and IRBI. The scheme could not be completed, as the institution did not disburse the entire amount of their loans due...
Tag this Judgment!Welcome Match Works Vs. Union of India
Court: Chennai
Decided on: Jan-28-1994
Reported in: 1994(71)ELT884(Mad)
ORDERA.R. Lakshmanan, J. 1. In these batch of Writ Petitions, the validity of Notification No. 140 of 1981 dated 2-7-1981 issued under Rule-8 sub-rule (1) of Central Excise Rules, 1944 is in question.2. By the said notification, the petitioners who are manufacturers of matches without aid of power have been denied the concessional rates of excise duty which they were entitled to in terms of an earlier Notification No. 42 of 1981. The petitioners in these Writ Petitions have therefore questioned the amendment issued under the impugned notification.3. In order to appreciate the questions involved and raised in these Writ Petitions, it is necessary to set out a few relevant facts also to trace briefly the history of the excise duty levied on matches. Excise duty was levied on matches for the first time in 1934. Upto 1948-49, match factories were classified for the purpose of excise into two types viz., industries producing not more than 100 gross boxes per day and rest with a higher outpu...
Tag this Judgment!Pitchaimani and Others Vs. the State
Court: Chennai
Decided on: Jan-27-1994
Reported in: 1995(1)ALT(Cri)114; 1994CriLJ2606
Thangamani, J. 1. Appellants are accused 1 to 3 in S.C. No. 110 of 1986 on the file of learned Sessions Judge, Tirunalveli. They were charged as under on the allegation that on account of prior enmity at about 2.30 p.m. on 26-9-1985 at Pirai Kudiyiruppu village in furtherance of their common intention to commit the murder of one Anandapandi Nadar, A-1 Pitchaimani beat on his head with a pounder (vernacular matter omitted), while A-2 Ponnuswamy cut on his right flank and A-3 Muthammal cut on his 'Nadi' with aruvals and caused his death. When his son PW 1 Baskaran tried to prevent the assault, A-1 Pitchaimani beat him with pounder and A-2 Ponnuswamy cut him with aruval and caused injuries. Charge No. Accused Nature of charge I A-1 under section 302 IPC II A-2 and A-3 under section 302 r/w 34 IPC III A-1 under section 324 IPC (for causing hurt to P.W. 1 Baskaran) IV A-2 under section 324 IPC (for causing hurt to P.W. 1 Baskaran) 2. The prosecution examined 18 witnesses, filed 29 exhi...
Tag this Judgment!Santhanam Vs. Collector of C. Excise and Customs, Madurai-2
Court: Chennai
Decided on: Jan-27-1994
Reported in: 1994(46)ECC204; 1995(79)ELT564(Mad)
ORDERKanakaraj, J.1. On 28-8-1982 the officers attached to the Customs Circle, Rameswaram conducted a search of one of the huts belonging to one Anthony of Ariyankundu Village. Though the said Anthony was not present, the officers recovered 20 polythene parcels from the hut. They were seized for contravention of Section 11 of the Customs Act, 1962 (hereinafter called 'the Act') read with Section 3 of the Imports and Exports (Control) Act, 1947. The respondents proceeded with the investigation and recorded statements from several persons including the said Anthony. The investigation disclosed that the petitioner was involved in smuggling activities and was using the said hut of Anthony for concealing the contraband articles. Later on it is stated that the witnesses retracted from their statements. The petitioner was examined and a show cause notice dated 23-2-1983 was issued. The petitioner submitted his explanation. By an order dated 28-10-1983 the subject goods were confiscated and a ...
Tag this Judgment!Medopharma Vs. Supdt. of Central Excise, Madras
Court: Chennai
Decided on: Jan-27-1994
Reported in: 1994(70)ELT505(Mad)
ORDER1. All these writ petitions relate to the propriety of claiming Modvat Credit on the inputs purchased by the petitioners from the open market without properly complying with Rule 57-G of the Central Excise Rules. The writ petition have been filed at various stages of the proceedings initiated by the respondents. W.P. No. 5036 of 1988 has been filed by Medopharm, a partnership firm, challenging the order dated 7-3-1988, which is only a show cause notice seeking to recover the amount of Modvat Credit wrongly availed of, and proposing to impose penalty for the violation of the Rules. 2. W.P. No. 9006 of 1988 has been filed by the said Medopharm represented by its Managing Partner questioning the order of the first respondent dated 8-2-1988 made on an appeal, confirming the demand for the amount of Modvat Credit wrongly availed of by the petitioner and imposing a penalty for the violation of the Rules. W.P. No. 9007 of 1988 has been filed by Medopharm Pharmaceuticals by its Proprietri...
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