Chennai Court April 2000 Judgments
Indian Airlines Canteen Workers' Union Vs. Director Personnel, Indian ...
Court: Chennai
Decided on: Apr-20-2000
Reported in: (2000)IIILLJ979Mad
P. Sathasivam, J.1. All the above writ petitions relate to casual workers. Since the issue is one and the same, they being disposed of by the following common order. In Writ Petition No. 17381 of 1991, Indian Airlines Canteen Workers' Union through its President has prayed to issue a writ of mandamus directing the respondents, namely, management of the Indian Airlines to regularise all the canteen workers working in the respondent Indian Airlines Canteen at Madras and those who put in 240 days of work during their tenure as casual workers. In Writ Petition No. 14134 of 1997, the petitioners numbering 11, aggrieved by the employment notice, dated June 4, 1997, filed the said writ petition seeking for quashing of the notice and for direction to the respondent to grant the petitioners regular appointment as helpers, loaders, safaiwalas, peons or other equivalent posts or to regularise their services therein. In the other writ petitions, similar prayers have been made by loaders, casuals, ...
Tag this Judgment!Essem Garments and ors. Vs. D. Balasubramaniam and ors.
Court: Chennai
Decided on: Apr-19-2000
Reported in: [2003]115CompCas279(Mad)
V. Bakthavatsalu, J.1. The respondent in all these cases filed four separate complaints under Section 138 of the Negotiable Instruments Act 1881, alleging that accused Nos. 2 and 3 are partners of the first accused and that the accused issued a cheque and that the cheque when presented for collection was dishonoured and that after issuing statutory notice, the complaints are filed. Accused Nos. 1 and 2 filed a petition under Section 245 of the Criminal Procedure Code, 1973, for discharge. The third accused has also filed a separate petition for discharge under Section 245 of the Criminal Procedure Code. In the above petition, it is contended by the third accused that he did not participate in the day-to-day affairs of the firm and that he was not in charge of the business of the firm and as such the complaint is not maintainable as against him. Accused Nos. 1 and 2 have stated in the above petition that the complainant has not averred in the complaint that the second accused was in cha...
Tag this Judgment!Binny Ltd. (Engineering Division) Vs. Assistant Commissioner of Labour ...
Court: Chennai
Decided on: Apr-19-2000
Reported in: [2000(87)FLR264]; (2000)IILLJ969Mad; (2000)IIMLJ706
R. Jayasimha Babj, J.1. The question which has been argued at considerable length before us is one which concerns the true scope of Section 4 of the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (Act 43 of 1981). That provision reads as under :'4. Recovery of money due from an employer: Where any money is due to an employee from an employer under this Act, the employee himself or any other person authorised by him in this behalf, or in case of the death of the employee, his legal representative may, without prejudice to any other mode of recovery make an application to the Government in such manner as may be prescribed for the recovery of money due to him, and if the Government, after giving the employer an opportunity of being heard, in such manner as may be prescribed are satisfied that any money is so due, they shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue: Provided that every ...
Tag this Judgment!Adyar Venkataratnam Nagar Residents Welfare Association Vs. Pannai Par ...
Court: Chennai
Decided on: Apr-19-2000
Reported in: 2000CriLJ4322
ORDERV. Kanagaraj, J.1. This contempt application has been filed by the petitioner-Welfare Association praying to punish the respondent for wilful disobedience of the order of this Court made in W.M.P. No. 19945 of 1996 in W.P. No. 14569 of 1994, dated 8-10-1996 as confirmed by the order dated 10-3-1997 thus committing contempt of this Court.2. In the affidavit filed in support of the contempt application, the petitioner would submit that the petitioner-Association is a society registered under the provisions of the Tamil Nadu Societies Registration Act; that the petitioner along with the above writ petition, filed two writ miscellaneous petitions, the first one in W.M.P. No. 19445 of 1996 praying for an injunction restraining the respondents 2, 3, 4 and 6 from interfering with the upkeep, and maintenance of the disputed space by the petitioner-Association and this Court was pleased to admit the writ petition and granted an order of injunction on 8-10-1996 and when the above W.M.P. cam...
Tag this Judgment!The Commissioner Hr and Ce Administration Department Nungambakkam High ...
Court: Chennai
Decided on: Apr-18-2000
Reported in: 2000(2)CTC559
ORDER1. A person walking along the streets of what is now known as Chennai-1, will see many buildings on which stone slabs have been embedded and inscribed with the word '-------- Chetty Charities denoting an endowment created by the ' Arya Vysyai Community'. This Community is well known for its benevolence and piety. The intent and purpose behind these endowments is to secure to the founder spiritual benefits by the performance of charitable acts as Justice R.Sengottuvelan in his commentaries on the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 notes' In the Hindu system there is no line of demorcation between religion and charity. On the other hand charity is regarded as part of religion. This is because the Hindu Religion recongnises the existence of life after death and it believes in the law of Karma according to which good or bad deeds of a man produce corresponding results in the life to come. Therefore, all Hindu Sages concur in holding that charitable gifts ar...
Tag this Judgment!Tirunelveli District Clay Products (Tiles and Bricks) Manufacturers As ...
Court: Chennai
Decided on: Apr-18-2000
Reported in: 2000(4)CTC626
ORDER1. The petitioner, Tirunelveli District Clay Products Manufacturers Association, prays for the issue of a writ of declaration declaring that the Seigniorage fee prescribed under Appendix-II of the Tamil Nadu Minor Mineral Concession Rules Per Cart load of upto 10 cubic feet would mean10 cubic feet of unquarried earth equivalent to 21-1/2 cubic feet of quarried Minerals which can be converted into 7 cart loads or one lorry load.2. According to the petitioner, the members of the Petitioner Association are manufacturers of Bricks and Tiles and they depend on the clay/silt/earth from Government Lands and Private lands for their livelihood. The petitioner asserts that seven cart loads will be equivalent to one Lorry load (a-1/2 Units) approximately and therefore the petitioner and its members are entitled to remove 21-1/2 cubic feet of mineral. If one lorry of mineral (150 cubic feet) is lifted, the petitioners are liable to pay seigniorage fee for seven cart loads. If ten cubic fee of...
Tag this Judgment!Kaliammai Vs. State
Court: Chennai
Decided on: Apr-17-2000
Reported in: 2000CriLJ3440
I. David Christian, J.1. This appeal is preferred by the petitioner Kaliammai against the order passed in Cri. M.P. No. 372 of 1999 in SC No. 115 of 1998, on the file of II Additional Sessions Judge, Thanjavur dated 18-8-1999.2. The petitioner Kaliammai is the wife of late Karuppiah and the petitioner and Karuppiah were residents of Melapoongudi village in SivagangaTaluk in Sivagangai District. The petitioner Kaliammai is residing in her house in the native village where her children are also residing. The husband of Kaliammai, namely late Karuppiah was running a hotel under the name and style 'Nithyakalyani Hotel' at Mary's corner in Thanjavur Town. Said Karuppiah was residing in a house nearby situated in Pappupillai colony and looking after the hotel business. On 21-9-1997 Karuppiah left the hotel at 2-00 p.m. in the afternoon and went to his house to take rest. Karuppiah used to return to the hotel by 8-00 or 8-30 p.m.One Sivaraman, a nephew of late Karuppiah was assisting Karuppia...
Tag this Judgment!P. Kalaivani and 2 Others Vs. the State of Tamil Nadu Rep. by Its Comm ...
Court: Chennai
Decided on: Apr-12-2000
Reported in: 2000(2)CTC292
ORDER1. The issue involved in all the three writ petitions is common and by consent of both the counsel, all the writ petitions are taken up for joint disposal. 2. The petitioner in W.P.No.18722 of 1994 is the owner of an extent of 1078.8 sq.ft in Survey No. 590/6A1N of Sevilimedu by virtue of Document No.1712 of 1993 on the file of Sub-Registrar's office, Kanchipuram. 3. The petitioner in W.P.No.18723 of 1994 is the owner of the land to an extent of 3 cents in Survey No.590/6B5 of Sevilimedu Village under Document No.2049/89,dated 18.10.89 on the file of Joint Sub-Registrar No. II, Kancheepurarm. 4. The petitioner in W.P.No.18724 of 1994 claims to be owner the land to an extent of 3 cents in Survey No.590/4AID of Sevilimedu village. He has not furnished the particulars with regard to the sale deed, in his favour . 5. The petitioners herein have filed these writ petitions to quash the notification under Section 4(1) of the Land Acquisition Act in G.O.R.No.177, dated 25.6.75 published i...
Tag this Judgment!The Life Insurance Corporation of India, Southern Zonal Office, L.i.C. ...
Court: Chennai
Decided on: Apr-12-2000
Reported in: 2000(3)CTC93; [2000]245ITR224(Mad)
ORDER1. Writ Petition No.3797 of 2000 is filed by the Life Insurance Corporation of India, Southern Zonal Office against the proceedings of theCommissioner of Income Tax holding that the additional conveyance allowance is taxable as part of salary income. 2. Writ Petition No.5987 of 2000 is filed by the Association consisting of Development Officers in the office of Life Insurance Corporation of India praying for the issue of a writ of mandamus to forbear the respondents and other Assessing Authorities under the Income Tax Act from levying, assessing and demanding income tax from the members of the petitioner Association in respect of additional conveyance allowance. 3. The officers of the Life Insurance Corporation of India are paid additional conveyance allowance as part of their remuneration. According to the petitioners, this allowance is specifically granted to meet the expenses wholly, necessarily and exclusively incurred, in the performance of the duties. On the basis of the dem...
Tag this Judgment!Ashok Kumar Etc. Vs. Director of Technical Education and ors.
Court: Chennai
Decided on: Apr-12-2000
Reported in: AIR2000Mad431
ORDERK. Sampath, J.1. Notice of motion was ordered in all the writ petitions. After service of notice, the third respondent appeared, filed counters and by consent the main writ petitions themselves are taken up.The petitioners in the writ petitions are III year B.E. Degree course students in the third respondent College. Pursuant to a complaint given against them in Alanthurai Police Station, a case has been registered as Cr. No. 44/2000 under Sections 147, 341, 342 and 323 of the Indian Penal Code. The charge against them is that they manhandled a group of eight second year students in Alanthurai Village. The affected second year students lodged a complaint with the third respondent/College also, resulting in a show cause notice being issued by the third respondent College on 26-2-2000 calling upon them to give their explanations in writing to the Principal within a week from the date of receipt of the show cause notice, as to why disciplinary action should not be taken against them ...
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