Chennai Court June 1997 Judgments
T.N.K. Govindaraju Chetty and Co. Private Limited Vs. Tamil Nadu Elect ...
Court: Chennai
Decided on: Jun-26-1997
Reported in: (1997)2MLJ571
AR. Lakshmanan, J.1. The above writ appeal filed under Clause 15 of the Letters Patent is directed against the order of Kanakaraj, J., dated 1.2.1995 in Writ Petition No. 751 of 1992 on the file of this Court, The learned Judge passed the following order:The writ petition is for the issue of a writ to declare that the levy of electrical consumption charges under H.T. Tariff VII is illegal and claiming the levy under H.T. Tariff VI.2. Learned Counsel for the respondent brings to my notice a letter No. SE : MEDC : C : AAQ : H.T. A/c. No. 2068/D 519/92, dated 24.2.1992 conceding the prayer of the petition. Consequently, nothing survives in this writ petition and it is dismissed as infructuous. No costs.2. According to the appellant, the letter dated 24.2.1992 relied on by the counsel for the Electricity Board was not even shown to them and they are not aware of the contents of the same, and that the learned Judge has also not extracted the contents of the said letter in his order. Accordi...
Tag this Judgment!K. R. Venkatesan Vs. Wealth Tax Officer and ors.
Court: Chennai
Decided on: Jun-26-1997
Reported in: (1998)146CTR(Mad)268
KANAKARAJ, J. :The appellant owns immovable properties at Coimbatore as Karta of an HUF. He had been filing voluntary returns under s. 14(1) of the WT Act, 1957 (hereinafter referred to as the Act) and the respondents had been accepting the returns and passing orders. For the asst. yr. 1984-85, the appellant filed a return on 18th June, 1984, disclosing a net wealth of Rs. 3,17,800. The first respondent accepted the return, completed the assessment and passed orders under s. 16(1) of the Act, by an order, dt. 8th September, 1986. Similarly, for the asst. yr. 1985-86, a return was filed on 29th November, 1985, disclosing a net wealth at Rs. 4,41,900 and the same was accepted and an order was passed on 8th September, 1986. By a notice, dt. 15th February, 1991, the first respondent invoked s. 17 of the Act and proposed to assess the escaped wealth both for the asst. yrs. 1984-85 and 1985-86. By a notice, dt. 1st October, 1991, the first respondent referred the valuation of the properties ...
Tag this Judgment!Asstt. Collector of Cus., Madras Vs. Sun Paper Mill Ltd.
Court: Chennai
Decided on: Jun-24-1997
Reported in: 1997(95)ELT187(Mad)
A.R. Lakshmanan, J.1. The writ Appeal is directed against the order of Shivaraj Patil, J., dated 27-7-1995 in W.P. No. 4881 of 1985, allowing the said writ petition filed by the respondent herein and directing the appellant herein to consider the application dated 14-8-1983 made by the respondent for refund of the duty paid, which application was received by the appellant on 1-9-1983, on its merits and in accordance with law without reference to the period of limitation contemplated under Section 27 of the Customs Act, 1962 (hereinafter referred to as the Act).2. In this appeal, the only contention raised and which we are considering is, whether the direction given by the learned single Judge that the appellant shall consider the application dated 14-8-1983 made by the respondent for refund of duty, which was received by the Department on 1-9-1983, on its merits and in accordance with law without reference to the period of limitation contemplated under Section 27 of the Act, is valid i...
Tag this Judgment!The Association of Managements of Private Colleges, by Its General Sec ...
Court: Chennai
Decided on: Jun-24-1997
Reported in: 1997(3)CTC76
ORDERShivaraj Patil, J.1. In all these writ petitions except in W.P. Nos. 7594 of 1997 and 8010 of 1997, the petitioners have challenged the G.O. Ms. No. 245 Higher Education (El) Department, dated 7.5.1997, and have sought for quashing the same. W.P. No. 7594/97 is filed by the Association of Managements of Private Colleges praying to issue a writ of certiorari to quash the proceedings No. Na.Ka. 76222/R4/96, dated 9.4.1997 issued by the Director of Collegiate Education-respondent No. 2 in the said writ petition. W.P. No. 8010 of 1997 is filed by Madurai Kamaraj and Manonmaniyam Sundaranar University Teachers' Association seeking a writ of mandamus directing the State Government to extend the said G.O.Ms. No. 245 dated 7.5.1997 to all the educational institutions in Tamil Nadu whether aided or unaided self-financing colleges, in conformity with Unnikrishnan's case, viz., Unnikrishnan J.P. and Ors. v. State of Andhra Pradesh and Ors. : [1993]1SCR594 . This writ petition was brought bef...
Tag this Judgment!The Association of Managements of Private Colleges, by Its General Sec ...
Court: Chennai
Decided on: Jun-24-1997
Reported in: (1998)2MLJ676
ORDERShivaraj Patil, J.1. In all these writ petitions except in W.P.Nos.7594 of 1997 and 8010 of 1997, the petitioners have challenged the G.O.Ms.No.245, Higher Education (E1) Department, dated 7.5.1997, and have sought for quashing the same. W.P.No.7594 of 1997 is filed by the Association of Managements of Private Colleges praying to issue a writ of certiorari to quash the proceedings No.Na.Ka.76222/R4/96, dated 9.4.1997 issued by the Director of Collegiate Education-respondent No. 2 in the said writ petition. W.P.No.8010 of 1997 is filed by Madurai Kamaraj and Manonmaniyam Sundaranar University Teachers' Association seeking a writ of mandamus directing the State Government to extend the said G.O.Ms.No.245, dated 7.5.1997 to all the educational institutions in Tamil Nadu whether aided or unaided self-financing colleges, in conformity with Unnikrishnan's case, viz., Unnikrishnan, J.P. and Ors. v. State of Andhra Pradesh and Ors. : [1993]1SCR594 . This writ petition was brought before u...
Tag this Judgment!Assistant General Manager, Canara Bank (Personal Wing) Vs. Sri S. Raja ...
Court: Chennai
Decided on: Jun-24-1997
Reported in: (1998)1MLJ346
AR. Lakshmanan, J.1. This writ appeal is directed against the order, dated 1.8.1994 made in Writ Petition No. 4220 of 1985 by P.S. Mishra, J. (as he then was). The facts of the case are as follows:The respondent filed Writ Petition No. 4220 of 1985 for quashing the Clauses 3 (b)(ii) and (iii) of Memo No. 142 of 1984, dated 20th March, 1984 for promotion from scale II. He contended that the Banker's policy in awarding additional marks to officers in the junior management cadre scale I with qualifications like Chartered Accountants, Law qualification etc., is illegal, that those officers should not be given additional marks and that the grant of additional marks for promotion violate ArticleS 14 and 16(1) of the Constitution of India. It is useful to extract the promotion policy from Junior Management Grade Scale I to Middle Management Grade Scale II, which had been finalised after discussion with CBOA. The norms for promotion for the year 1984 in Canara Bank are furnished as below:CANAR...
Tag this Judgment!Limenaph Chemicals Vs. Union of India
Court: Chennai
Decided on: Jun-23-1997
Reported in: 1997(95)ELT195(Mad)
Raju, J.1. The above writ appeal has been filed against the order of the learned single Judge of this Court dated 29-1-1993 in W.P. No. 3788 of 1989, whereunder the learned single Judge was pleased to dismiss the writ petition filed for the issue of a writ of certiorari to call for and quash the proceedings of the Collector of Central Excise in Order No. 43/89, dated 31-1-1989. 2. The learned Judge has elaborately narrated the relevant facts and also extracted certain paragraphs from the order of the Collector of Central Excise in appreciating the contentions of parties on either side. 3. The appellant - Limenaph Chemicals, carrying on business at Rajapalayam, is engaged in the manufacture of a product marketed under the name 'Janathacem' and the product is said to be manufactured by burning lime stone. The appellant claimed the product to be conforming to 'Sagol cement' and was clearing the product under Tariff Item No. 23 of the I schedule to the Central Excises and Salt Act, 1944, a...
Tag this Judgment!Presidency Kid Leathers (P) Ltd. Vs. Regional Provident Fund Commissio ...
Court: Chennai
Decided on: Jun-23-1997
Reported in: (1999)IIILLJ980Mad
Ar. Lakshmanan, J.1. The Writ Appeal is directed against the order of GULAB C. GUPTA, J., as he then was, in W.P. No. 4454 of 1986 dated September 2, 1994. The said W.P. No. 4454 of 1986 was filed by the appellant aggrieved by the order of the respondent dated September 17, 1985 imposing damages under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act), ranging from 20% to 100% on the amount due. In this case, the appellant has delayed in making payment for five specific periods viz., March, 1975 to October, 1975, December, 1975 to April, 1976, June, 1976, August, 1976 to January, 1978 and March, 1978 to February, 1980. The duration for which the payment has been delayed is specified in each case in the statement annexed to the impugned order. A show cause notice was served on the appellants requiring them to show cause why damages made under Section 14-B of the Act should not be levied against them for the delay i...
Tag this Judgment!Regional Director, Employees' State Insurance Corporation Vs. Henry Wo ...
Court: Chennai
Decided on: Jun-23-1997
Reported in: (2000)IIILLJ582Mad
V. Kanagaraj, J.1. The respondent before us had fifed a petition before the Employees' State Insurance Court (in short, Insurance Court) seeking a declaration that the respondent company do not fall within the purview of the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act), and that the order of the appellant under Section 45-A of the Act, dated October 27, 1982, cannot be enforced.2. The respondent-company is engaged in the preparation of bakery products. After issuing notice to the respondent-company, the appellant had made an assessment under Section 45-A of the Act, on the basis of the verification made by the Inspector of the Department. The contention of the respondent-company before the Insurance Court was that the order, dated October 27, 1982, is illegal and unenforceable against the company. The appellant contended that for the period from March 31, 1968 to January 31, 1981, the sales offices are also covered under the Act and the respondent was requi...
Tag this Judgment!Christu Raj Vs. Kanagam @ Gnanaprakasi and anr.
Court: Chennai
Decided on: Jun-23-1997
Reported in: I(1998)DMC634
Jayarama Chouta, J.1. This petition is filed under Section 482 of Code of Criminal Procedure by the petitioner against the order of maintenance passed by the Judicial Magistrate, Eranial in M.C. No. 18 of 1989 which was confirmed by the Sessions Judge, Kanyakumari in Criminal Revision Petition No. 40 of 1993.2. The respondents who are wife and daughter of the petitioner filed a maintenance petition under Section 125 of the Code of Criminal Procedure against the petitioner for maintenance of Rs. 400/- to the wife and Rs. 350/- to the child. A counter has been filed on behalf of the husband wherein he has admitted the relationship. However, he has stated that the first respondent (Wife) is employed as a teacher, and she has been drawing a sum of Rs. 2,500/- per month. There is no question of the respondents living in poverty, and respondent is working for the last 11 years. He has also stated that he is ready to produce the receipts to prove that the respondent is drawing salary. On beha...
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