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Chennai Court January 1999 Judgments

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Jan 27 1999

All India Council for Technical Education Vs. Sri Devi Karumari Amman ...

Court: Chennai

Decided on: Jan-27-1999

Reported in: AIR1999Mad206

ORDERS.S. Subramani, J. 1. This is an application to review my order in W.P. No. 18569 of 1998, dated 8-12-1998.2. While disposing of the writ petition, I directed the respondents therein to pass orders on the application of the writ petitioner for issuance of Viability Certificate within a period of three months from the date of my Order, i.e., 8-12-1998. I further declared in my Order that the petitioner herein shall not insist as a condition precedent for the issuance of Viability Certificate, No Objection Certificate from the University or from the State Government. In this Review Application, it is stated by learned Standing Counsel that the State Government as well as the University will have to be consulted and their views also will have to be ascertained for taking any further action, and my order should not stand in the way of the AICTE ascertaining their views also while passing Orders on the application of the petitioner-Trust. Learned counsel relied on two decisions in supp...


Jan 27 1999

Ramish Asari Vs. Tmt.Kurshad Begaum and anr.

Court: Chennai

Decided on: Jan-27-1999

Reported in: (1999)2MLJ179

ORDERS.S. Subramani, J.1. Seventh defendant in O.S.No. 94 of 1997 on the file of District Munsif Court, Madurai town is the revision petitioner herein. This revision is filed under Article 227 of Constitution of India.2. Material facts which necessitated filing of this revision could be summarised thus: Respondents herein filed O.S.No. 1459 of 1996 on the file of District Munsif Court, Madurai against petitioner, Suit was one for permanent prohibitory injunction restraining defendants, their men and agents from interfering with the peaceful possession and enjoyment of suit property therein. Property covered by suit is included in resurvey Nos. 12/1, 112/2 and 12/3. It is not disputed that injunction application filed by plaintiff was dismissed and the matter was taken in C.M.A. and the same was also not successful, it is also not in dispute that a revision was taken against that order which was also dismissed at the admission stage with a direction to dispose of the suit within stipula...


Jan 27 1999

S.M. Thangavel Vs. the Joint Registrar of Co-operative Societies and a ...

Court: Chennai

Decided on: Jan-27-1999

Reported in: (1999)2MLJ762

ORDERS.S. Subramani, J.1. Petitioner seeks issuance of writ of certiorari or any other writ direction or order calling for records of first respondent in his proceedings in Na Ka 4081/97/D4, dated 30.6.1997 and quash the same and pass such further orders.2. Election to the Board of Directors of T.P.Spl.56, v. Nachipalayam Primary Agricultural Co-operative Bank, Vellakoil, Village, Kangeyam was conducted on 11.9.1996. Out of 20 eligible candidates 7 were to be elected. Petitioner and second respondent secured equal number of votes, i.e., 411 votes at 7th place. Since both of them secured equal number of votes, election officer had to draw a lot under Sub-Rule (16) to Rule 52 of Tamil Nadu Cooperative Societies Rules, 1988. Petitioner succeeded in drawing of lot and was declared as successful candidate.3. Second respondent challenged the election under Section 90 of Tamil Nadu Co-operative Societies Act before Deputy Registrar of Co-operative Societies. Deputy Registrar entertained the s...


Jan 25 1999

K. Iqbal Ahmed Vs. Thiru Santhanam, Commissioner, Alandur Municipality

Court: Chennai

Decided on: Jan-25-1999

Reported in: 1999(1)CTC726; (1999)IMLJ767

ORDER1. The respondent filed the writ petition in W.P.No. 18501 of 1997 challenging the award in I.D.No.996 of 1992. Pending the writ petition, the respondent filed the petition in W.M.P.No.29187 of 1997 seeking an order of interim stay of the said award. Originally the interim order was granted and the applicant filed the petition in W.M.P.No. 18748 of 1998 to vacate the interim order, and W.M.P.No. 18749 of 1998 under Section 17-B of the Industrial Disputes Act seeking direction to the writ petitioner to pay the applicant herein the last drawn salary, every month. After hearing the said applications, this Court directed the writ petitioner to pay backwages of Rs.1,38,000 within eight weeks from the date of the order namely, 21.9.1998, and further directed to pay a sum of Rs.900 every month, pending the writ petition, on or before 10th of every succeeding month. Since the said amount was not paid, the applicant caused a notice through his advocate. Inspite of that the writ petitioner/...


Jan 25 1999

Mrs. Saraswathi Vs. V. Balakrishnan

Court: Chennai

Decided on: Jan-25-1999

Reported in: 1999(2)CTC298

Acts/Rules/Orders:Negiotable Instrument Act, 1881 -- Section 138;Code of Criminal Procedure, 1973 -- Section 91Judgment Pronounced by M. Karpagavinayagam, J.1. This revision is directed against the order dismissing the application filed by the petitioner/accused under Section 91 Cr.P.C. to call for certain documents from the Assistant Commissioner of Police, Crime General, Egmore, registered in No. 1873/ACC(G) Camp/ 2.8.1995. 2. The complainant, the respondent herein filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act in the year 1995. Before the trial commenced, the petitioner filed an application on 5.11.1996 stating that the petitioner never borrowed any money from the complainant, that one Indira took away the cheque from the accused and the said Indira misused the same without the knowledge of the accused and that therefore, she filed a complaint to the police on 2.8.1995 and that during the said enquiry by the police, some of the persons w...


Jan 25 1999

V.S. Lakshminarayanan Iyengar and 8 Others Vs. M.C. Arunachala Pillai ...

Court: Chennai

Decided on: Jan-25-1999

Reported in: 1999(2)CTC635

ORDER1. The plaintiffs 1 to 9 who were successful before the trial court and lost before the first appellate court are the appellants in this second appeal. The parties to this appeal will be referred for convenience as arrayed before the trial Court.2. At the time of admission, the following substantial question of law was framed by this Court:'Was not the lower appellate court in error in holding that in view of the decision in Ex.B.2, the jurisdiction of the civil court is barred under section 108 of Act 22 of 1959 and more particularly in view of the decision of this Court in Sri Thulukka Choodamanai Mariammam Temple etc., v. Subramania Pandaram, 1986 (99) L.W. 606 ?'3. The plaintiffs pleaded that they are the hereditary Poojaries and sthanikars of Arulmighu Sri Prasanna Venkataramanaswami Temple, Chinna Thirupathi, that their hereditary rights has been declared in O.S.No. 779 of 1930 as well as in O.S.No. 153 of 1973 on the file of the District Munsif Court, Sankari, that the plai...


Jan 25 1999

Narayanan and ors. Vs. State of Tamil Nadu and ors.

Court: Chennai

Decided on: Jan-25-1999

Reported in: (2001)IIILLJ169Mad

P. Sathasivam, J.1. Aggrieved by the common award in Industrial dispute No. 96 of 1986, etc., dated September 10, 1990, on the file of the Labour Court, Coimbatore, petitioners numbering 14 have filed the above writ petition for quashing the same and also for direction directing the second respondent to reinstate all the 14 persons with back wages and with attended benefits.2. The case of the petitioners is briefly stated hereunder:Petitioners are employees of the second respondent herein. While they are ventilating their grievance through their union, the second respondent filed a complaint before the police. Ultimately at the instance of the management the prosecution launched against the petitioners ended in acquittal. In respect of the same incident the second respondent initiated domestic enquiry and on the basis of the report of the enquiry officer dismissed all the petitioners from service. Thereafter the petitioners raised a separate industrial dispute before the third responde...


Jan 25 1999

P. Nallammal and ors. Vs. State

Court: Chennai

Decided on: Jan-25-1999

Reported in: 1999CriLJ1591

ORDERR. Balasubramanian, J.1. There are three special Calendar Cases namely C.C. Nos. 11 of 1997, on the file of the 13th Additional Special Judge, Chennai; C.C. No. 17 of 1997, on the file of the 12th Additional Special Judge, Chennai and C.C. No. 1 of 1998 on the file of the 11th Additional Special Judge, Chennai. In C.C. No. 11 of 1997, there are two accused, first one being a former Minister in the State of Tamil Nadu and the second one being his wife. The second accused in that case is the sole petitioner in Crl. R.C. No. 190 of 1998. In C.C. No. 17 of 1997, there are seven accused and the first accused is a former Member of the Tamil Nadu Legislative Assembly and former Minister and the other accused are his family members. The first and second accused in this case are the petitioners in Crl. R.C. No. 446 of 1998; the fifth accused in this case is the petitioner in Crl. R.C. No: 447 of 1998; the third and fourth accused are the petitioners in Crl. R.C. No. 448 of 1998; the sevent...


Jan 25 1999

Velappan M.M. Vs. Commissioner, Madurai Municipal Corporation and anr.

Court: Chennai

Decided on: Jan-25-1999

Reported in: [1999(82)FLR372]; (1999)IILLJ182Mad; (1999)IMLJ628

C. Shivappa, J.1. The appellant has challenged the order of the learned single Judge, dated September 29, 1997 passed in W.P. No. 10942 of 1991 inter alia contending that, (1) the learned Judge has rather misapplied the law relating to the disciplinary proceedings, (2) there were no clinching materials to prove the charges levelled against him, and (3) the observation that the writ petition is premature and, hence, no relief can be granted, is unsustainable in law and on facts.2. The appellant was employed by respondent No. 1 and had been working as an Assistant Tester in the Municipal Corporation Electricity undertaking. On the allegation that he was connected with the theft of Palani and in Vahini Ice Factory, Palani, charges were framed against him on the ground that he committed an offence under Sections 39 and 44(c) of the Indian Electricity Act illegally and unjustly by colluding with the proprietor of the Gemini Ice Factory at Palani by tampering the electricity meters. By remov...


Jan 25 1999

G. Poovaiah Vs. the Secretary, Saiva Bhanu Kshatriya College

Court: Chennai

Decided on: Jan-25-1999

Reported in: 1999CriLJ4612

ORDERS.S. Subramani, J.1. Petitioner has filed this contempt application to initiate contempt proceedings against respondent for the alleged violation of this Court's order in W.M.P. 11259 of 1995 in W.P. 7006 of 1995.2. Petitioner herein was appointed in respondent' s college in the year 1971 as Assistant Professor in Physical education. He had applied for leave on loss of pay from 6-3-1981 to 5-3-1983 and the same was sanctioned by the then Secretary of the college. The Director of Collegiate Education came to know that petitioner was working abroad without seeking prior permission and therefore necessary instruction was given to the management/respondent herein to take action against petitioner for going abroad without getting prior permission. Pursuant to the same respondent called for explanation from petitioner. The explanation offered by petitioner was also forwarded to the Director of Collegiate Education.3. Petitioner again applied for extension of leave and the same was not g...


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