Chennai Court December 1998 Judgments
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Mohammed Asif Vs. the State of Tamil Nadu Represented by the Chief Sec ...
Court: Chennai
Decided on: Dec-03-1998
Reported in: 1999(2)CTC339
ORDER1. Rule Public Prosecutor takes notice. Heard immediately with consent of the parties.2. The writ petition herein involves an unusual but interesting question of law. The petitioner questions the decision on the part of the Government to appoint more than one Special Public Prosecutor for conducting the trial against the petitioner.3. Following facts would highlight the controversy:The petitioner was a Minister for Rural Industries of Government of Tamil Nadu in the cabinet headed by Selvi. J. Jayalalitha. He has presently been prosecuted for various offences including the offences under the Prevention of Corruption Act. These prosecutions are pending before the Special Courts. The petitioner is concerned with the case covered by CB CID/Hq Crime No. 17 of 96 and that one Thiru. G. Krishnamurthy, the 5th respondent herein, was appointed as a Special Public Prosecutor by G.O.Ms.No. 118, Public (Special A) Department, dated 28.1.1997. He further points out that the Government, by G.O...
R. Ravichandran Vs. Collector of Salem Dist. and ors.
Court: Chennai
Decided on: Dec-03-1998
Reported in: (1999)IMLJ773
ORDER1. Ravichandran, the petitioner herein, in this writ petition has sought for a Writ of Certiorari by calling for the records of the Collector of Salem, the first respondent in his proceedings in Roc. No. 116604/89 (D. 10), dated 10-1-1991 and to quash the order.2. The facts that are required for the disposal of the writ petition could be summarised by follows:--The petitioner claims that he belongs to Konda Reddy community which is one of the communities listed as a Scheduled Tribe under the Constitution (Scheduled Tribes) Order, 1950. He applied for the post of Clerk-cum-Cashier in the Banking Services Recruitment Board. He was selected in the written test and the interview. He produced his community certificate dated 14-9-1978 issued by the Tahsildar. On the basis of the said certificate, the Banking Services Recruitment Board sponsored the petitioner to the UCO Bank, the second respondent herein for appointment. However, the second respondent-Bank directed the petitioner to pro...
Hotel Tamil Nadu (a Unit of Tamil Nadu Tourism Development Corpn. Ltd. ...
Court: Chennai
Decided on: Dec-03-1998
Reported in: (2001)IIILLJ10Mad
Toom Meenakumari, J.1. This writ petition is filed for issuance of a writ of certiorari calling for the records of the first respondent in I.D. No 26S of 1985 and quash his award, dated October 27, 1989.2. When the case came up for hearing, Sri T.S. Gopalan, learned counsel appearing for the petitioner, has contended that the Labour Court was not right in observing that the second respondent workmen have worked for more than 240 days, that there was no basis for the above observation of the Labour Court, and that it was not supported by any material.3. However, a reading of the award passed by the Labour Court shows that the petitioner-management has not proved their contentions satisfactorily by producing the documents before the Labour Court. As there was no evidence to show that the workmen have worked for less than 240 days, the Labour Court has come to the conclusion that the workmen have worked for more than 240 days. The other finding by the Labour Court is that the petitioner-m...
Saptoor Primary Co-operative Bank Ltd. Vs. Deputy Commissioner of Labo ...
Court: Chennai
Decided on: Dec-03-1998
Reported in: [1999(82)FLR170]; (2000)IIILLJ823Mad; (1999)IMLJ476
P. Sathasivam, J.1. Aggrieved by the proceedings of the Deputy Commissioner of Labour, Madurai, dated October 31, 1990, the first respondent herein in P.S.A. No. 11 of 1990 the petitioner-Co-operative Bank has filed the above writ petition.2. The case of the petitioner is briefly stated hereunder:The third respondent herein filed application under Section 4 of the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (hereinafter referred to as 'the Act'), read with Rule 5 (1) of the Tamil Nadu Payment of Subsistence Allowance Rules, 1981 (hereinafter referred to as 'the Rules'), before the second respondent on October 6, 1989, claiming subsistence allowance of Rs. 1,889.86 for the period May 8, 1987, to April 24, 1988. The said application was filed along with a petition to condone the delay of 15 months in presenting the application. The petitioner filed a counter opposing the main claim as well as the petition for condonation. The second respondent in his proceedings dated June 4, 1...
Sadakathulla Appa College Represented by Its Secretary and Corresponde ...
Court: Chennai
Decided on: Dec-03-1998
Reported in: (1999)1MLJ450
ORDERT. Meenakumari, J.1. The writ petition is for the issue of writ of certiorarified mandamus to call for the records of the second respondent ending with his order No.O.Mu.No. 18404/A4/89, dated 23.5.1989 and quash the same and direct the respondents 1 to 3 to pay the grant in respect of the three laboratory Assistants namely, Zakir Hussain, S.M.A. Syed Mohamed and S. Mohamed Ibrahim appointed by the petitioner.2. The petitioner is the Secretary and Correspondent of Sadakathullah Appa College, Tirunelveli. The above college was established by a Society namely Sadakathullah Appa Educational Society, Tirunelveli. The Society is registered under the Societies Registration Act. The college was started in the year 1971 by the members of Muslim minority community for the benefit of the Muslims of that particular area. The case of the petitioner is that the college is a minority institution as defined under Section 2(7) of the Tamil Nadu Private Colleges Regulation Act, 1976 and it is a mi...
M.D.Spl. 88 Saptoor Primary Co-operative Bank Ltd. Represented by Its ...
Court: Chennai
Decided on: Dec-03-1998
Reported in: (1999)1MLJ476
ORDERP. Sathasivam, J.1. Aggrieved by the proceedings of the Deputy Commissioner of Labour, Madurai dated 31.10.1990. First respondent herein in P.S.A.No. 11 of 1990 the petitioner Co-operative Bank has filed the above writ petition.2. The case of the petitioner is briefly stated hereunder:The third respondent herein filed application under Section 4 of the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (hereinafter referred to as the 'Act') read with Rule 5(1) of the Tamil Nadu Payment of Subsistence Allowance Rules, 1981 (hereinafter referred to as the 'Rules') before the second respondent on 6.10.1989 claiming subsistence allowance of Rs. 1,889.86 for the period 8.5.1987 to 24.4.1988. The said application was filed along with a petition to condone the delay of 15 months in presenting the application. The petitioner filed a counter opposing the main claim as well as the petition for condonation. The second respondent in his proceedings dated 4.6.1990 declined to condone the de...
R. Ravichandran Vs. the Collector of Salem District and ors.
Court: Chennai
Decided on: Dec-03-1998
Reported in: (1999)1MLJ773
ORDERM. Karpagavinayagam, J.1. Ravichandran, the petitioner, herein, in this writ petition has sought for a writ of certiorari by calling for the records of the Collector of Salem, the first respondent in his proceedings in Roc. No. 116604/89 (D.10), dated 10.1.1991 and to quash the order.2. The facts that are required for the disposal of the writ petition could be summarised as follows: The petitioner claims that he belongs to Konda Reddy community which is one of the communities listed as a Scheduled Tribe under the Constitution (Scheduled Tribes) Order 1950. He applied for the post of clerk-cum-cashier in the Banking Services Recruitment Board. He was selected in the written test and the interview. He produced his community certificate dated 14.9.1978 issued by the Tahsildar. On the basis of the said certificate, the Banking Service Recruitment Board sponsored the petitioner to the UCO. Bank, the second respondent herein for appointment. However, the second respondent-Bank directed ...
Commissioner of Income-tax Vs. Prasad Productions (P.) Ltd.
Court: Chennai
Decided on: Dec-02-1998
Reported in: [2001]247ITR445(Mad)
A. Subbulakshmy J.1. The assessee is a private limited company. The assessment year involved is 1983-84. The assessee claimed investment allowance on purchase and installation of cameras, laboratory machines and other equipment. According to Section 32A of the Income-tax Act, 1961, the assessee is entitled for investment allowance in respect of any machinery or plant installed and used mainly for the purposes of the business of manufacture or production of any article or thing, not being an article or thing' specified in the list in the Eleventh Schedule. The assessee being engaged in processing and drying plant where exposed films in various stages are processed into positive films used for projection in the cinema theatre, claimed investment allowance. The Revenue contended that the assessee was engaged in the manufacture of cinematograph films and, therefore, ineligible to be granted investment allowance under Section 32A of the said Act. The Tribunal has held that the assessee was ...
Commissioner of Income-tax Vs. Prasad Productions P. Ltd.
Court: Chennai
Decided on: Dec-02-1998
Reported in: [2001]249ITR502(Mad)
A. Subbulakshmy, J. 1. The assessee is a private limited company. The assessment years involved are 1979-80 and 1980-81. The assessee claimed investment allowance on purchase and installation of cameras, laboratory machines and other equipments. According to Section 32A of the Income-tax Act, 1961, the assessee is entitled for investment allowance in respect of any machinery or plant installed and used mainly for the purposes of business of manufacture or production of any article or thing, not being an article or thing specified in the list in the Eleventh Schedule. The assessee being engaged in processing and drying plant where exposed films in various stages are processed into positive films used for projection in the cinema theatre, claimed investment allowance. The Revenue contended that the assessee was engaged in the manufacture of cinematograph films and, therefore, ineligible to be granted investment allowance under Section 32A of the said Act. The Tribunal has held that the a...
V. Bhaskaran Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Dec-02-1998
Reported in: (1999)IIMLJ154
ORDERM. Karpagavinayagam, J.1. V. Baskaran, the petitioner herein has sought for the issuance of a Writ of Certiorarified Mandamus by calling for the records in Na.Ka.Adhi.8.28172/88 dated 28-2- 1991 on the file of the District Collector, Madurai, the second respondent herein and to quash the same and to forbear the Zonal Manager, Syndicate Bank, Madras, third respondent herein, from placing reliance on the impugned order.2. The facts that are required for the disposal of the writ petitions are as follows :--The petitioner claiming that he hails from Kattunaicken community, a Scheduled Tribe, applied for the appointment of clerical cadre job in the Banking Services Recruitment Board, Southern Region. He was selected for appointment as Clerk in the Bank of Zonal Manager, Syndicate Bank, Madras, third respondent. The said allotment was made under the Scheduled Tribe category. Though the job was allotted on the basis of the Tahsildar's certificate dated 25-11-1981 and the certificate of A...
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