Chennai Court July 2000 Judgments
M. Siluvi Rajan Vs. Director of School Education, College Road, Chenna ...
Court: Chennai
Decided on: Jul-13-2000
Reported in: 2000(3)CTC242
ORDERJudgment pronounced by S. Jagadeesan, J.1. The appellant was originally appointed as Middle School Assistant on 16.6.1982, in the fourth respondent's school. Subsequently on 7.6.1993 hewas promoted as B.T. Assistant. The P.G. Assistant post in Economics fell vacant on 31.5.1997. Before ever the post fell vacant, on 15.5.1997, the appellant made a request to consider his name for the post of P.C. Assistant. On 2.6.1997, the fourth respondent appointed fifth respondent in the vacancy of P.C. Assistant (Economics). Challenging the same, the appellant filed a writ petition in W.P.No.9654 of 1997. The learned Single Judge by the order dated 24.4.1998 dismissed the said writ petition. As against the same, the present appeal is filed.2. Mr.R.Subramaniam, learned counsel for the appellant contended that Rule 15(4) of the Tamil Nadu Private Schools (Regulations) Rules 1974 contemplates that 'the promotion should be made from among the qualified teacher in the same school and only if no qua...
Tag this Judgment!K.G. Subramania Pillai and Sons Vs. State of Tamil Nadu
Court: Chennai
Decided on: Jul-13-2000
Reported in: [2006]148STC151(Mad)
N.K. Jain, Actg. C.J.1. The above tax case appeals have been placed before us on a reference made by a division Bench consisting of Bakthavatsalam, J. and Raju, J. (as his Lordship then was) by order dated June 30, 1992 dissenting with the view of the judgment of a co-ordinate Bench of this Court in the case of K.O. Angumanickam v. Joint Commissioner II, Office of the Commercial Taxes [1994] 92 STC 166 on the question as to whether the commodity called 'Nannari syrup' would fall within the ambit of entry 91 of the First Schedule to the Tamil Nadu General Sales Tax Act, 1959 for reconsideration by a larger Bench.2. Before we proceed with to answer the reference, a brief factual history of the case requires appreciation. The appellant, a dealer in syrup and an assessee on the file of the Assistant Commercial Tax Officer V, Madurai was subjected to assessment for the assessment year 1976-77 under Section 7 of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as 'the Act'...
Tag this Judgment!The State of Tamil Nadu Rep by the District Collector, Erode and 2 Oth ...
Court: Chennai
Decided on: Jul-12-2000
Reported in: 2000(3)CTC273
ORDER1. The plaintiff filed a suit before the District Munsif Erode, for a declaration and injunction.2. The case of the plaintiff is that the plaintiff belongs to Kattu Naicken community, which is a scheduled tribe. The Revenue authorities. Erode, after enquiry issued a certificate to that effect. The plaintiff finished his school education at Erode and joined Chickia Naicker College, where he finished his graduation. Throughout, the plaintiff has been residing only in Erode and has disclosed Erode as the place of his permanent residence. When the plaintiff applied for permanent certificate, the plaintiff was directed to approach the revenue authorities in Madurai District viz., Periakulam Taluks, and obtain the same. Therefore, the suit is filed by the plaintiff for a declaration that he belongs to Hindu Kattu Naicken Community and that for a mandatory injunction, requiring the respondents to issue permanent certificate without requiring the plaintiff to approach the revenue authorit...
Tag this Judgment!Neg. Micon a/S Alsvoj 21 Dk 8900 Rangers Denmark Vs. Nepc India Limite ...
Court: Chennai
Decided on: Jul-11-2000
Reported in: [2004]120CompCas784(Mad); 2000(3)CTC107
ORDERJudgement pronounced by A.S. Venkatachalamoorthy, J.1. The above appeal has been filed against the order of the learned single Judge dismissing the petition filed by the appellant herein under Section 433 (e) and (f) read with Section 434(1) and 439 of the Companies Act, 1956, wherein the appellant herein prayed for winding up of respondent Company viz, NEPC India Limited.2. The Appellant/petitioner initiated the said proceedings viz., C.P.No.17 of 1999 contending that it is a Company, incorporated under the Laws of Denmark, having its registered office at Alsvoj 21 DK - 8900, Randers, Denmark with various objects as set out in the said petition. It is the case of the appellant that there has been business transactions between the parties and under minutes No.NEPC-024 dated 16.6.1997 substituted at the request of the respondent by the revised minutes NEPC-025 dated 16.6.1997 and letter No.NEPC-026 dated 17.6.1997 and NEPC-027 dated 17.6.1997, respondent confirmed that a sum of DKK...
Tag this Judgment!Nippon Enterprises South Partnership Firm Vs. Union of India (Uoi)
Court: Chennai
Decided on: Jul-11-2000
Reported in: 2002(142)ELT528(Mad)
ORDERY. Venkatachalam, J. 1. This writ petition is filed by the writ petitioner invoking Article 226 of the Constitution of India for the relief sought for, to call for the records of the proceedings of the Public Notice No. 206/90, dated 20-114990 issued by the Addl. Collector of Customs and to forbear the respondents from including the sale price on high seas sale for arriving at the assessable value for the purpose of levy of duty. 2. In support thereon, the writ petitioner has filed an affidavit wherein he has narrated all the facts and circumstances that forced him to file this writ petition' and requested this Court to allow this writ petition. 3. The respondents filed counter rebutting all the material allegations that levelled against them one after another and requested this Court to dismiss this writ petition for want of merits. 4. Heard both sides. 5. The point for consideration is as to whether there are any valid grounds to allow this writ petition or not? 6. This Court pu...
Tag this Judgment!V. Sreedevi Vs. V. Varadarajan
Court: Chennai
Decided on: Jul-11-2000
Reported in: (2000)IIMLJ834
V.S. Sirpurkar, J.1. This appeal pertains to a decree of divorce passed in between the appellant v. Sreedevi and V. Varadarajan. They were married on 4-6-1971 at Secunderabad. Both of them are Hindus. V. Varadarajan filed H.M.O.P. No. 737 of 1992 for divorce on the ground of cruelty and desertion against the present appellant V. Sreedevi. That petition was allowed in part on 28-1-1992 wherein the husband was granted a decree for judicial separation. The said decree for judicial separation remained in force as it was not appealed against and the husband Varadarajan thus filed a further petition for a decree of divorce, which was registered as F.C.O.P. 938 of 1993. This was on the ground that the , decree for judicial separation passed on 28-1-1992 had remained in force for one year therefore under Section 13(1-A) the husband was entitled to the decree of divorce. The wife/appellant herein opposed this petition on various grounds alleging that it was the petitioner who was guilty of misb...
Tag this Judgment!Elango Vs. State
Court: Chennai
Decided on: Jul-11-2000
Reported in: 2005CriLJ4343
R. Balasubramanian, J.1. The appellant in this appeal is the convicted accused in S. C. No. 66 of 1992 on the file of the Fifth Additional Sessions Judge, Madras. The appellant/ accused was charged and tried for offences falling under Sections 304-B and 498-A of the Indian Penal Code. The learned trial Judge found him guilty in respect of both the offences and sentenced him to undergo rigorous imprisonment for seven years for the former offence and to undergo rigorous imprisonment for two years together with a fine of Rs. 500/- for the latter offence, carrying a default sentence. Both the sentences were directed to run concurrently. It is the correctness of the said judgment that is being questioned in this appeal before this Court.2. Heard Mr. A. Pakiaraj learned counsel appearing for the appellant as well as Mr. R. Karthikeyan learned Government Advocate appearing on the criminal side for the respondent/State. The argument of the learned counsel for the appellant is that, even admitt...
Tag this Judgment!P.N. Palani Vs. Mico Plast Industries and anr.
Court: Chennai
Decided on: Jul-10-2000
Reported in: 2001ACJ1007
K. Sampath, J. 1. In an accident involving the vehicle belonging to the respondent No. 1 and insurer, the respondent No. 2, the appellant suffered serious injuries. The appellant filed M.C.O.P. No. 2706 of 1991 before the Motor Accidents Claims Tribunal, Madras, claiming compensation in a sum of Rs. 1,00,000.2. The Tribunal has awarded a sum of Rs. 42,000. The claimant has filed the appeal for the balance sum of Rs. 58,000. The respondents have not filed any appeal questioning the finding that the accident was due to the rash and negligent driving of the vehicle belonging to the respondent No. 1. The finding is confirmed.3. As regards the quantum, the claimant has suffered injuries in the right upper arm and the right leg and the disability has been quantified at 20 per cent. For medical expenses, he made a claim for a sum of Rs. 21,000 which was supported by vouchers and the Tribunal has awarded a sum of Rs. 20,000. As regards the injuries suffered by the claimant, the Tribunal has aw...
Tag this Judgment!D. Matsa Gandhi Vs. Tamil Nadu Slum Clearance Board Rep. by Its Chairm ...
Court: Chennai
Decided on: Jul-07-2000
Reported in: II(2000)ACC771; AIR2000Mad443; 2000(3)CTC24; (2000)IIMLJ830
ORDER1. The petitioner has approached this Court to issue a writ of mandamus directing the respondent- Tamil Nadu Slum Clearance Board to pay a just and fair amount of compensation for the death of her daughter Meena. 2. The case of the petitioner is briefly stated as hereunder: According to her she married one G.Mani and they have three sons and three daughters. Her first daughter Meena was bom in November, 1976. She was working in an Export Garment Factory on 22.7.1992 she went to her grant parents' house in Rani Anna Nagar after days work at the factory. She went to draw water from the well number 8, opposite to Block No. 16 as usual, as there was no water available in the taps in the house. Water from the well is usually drawn from the holes left on the concrete slab covers over the well.On-that fateful day, the concrete slab was wet and slippery due to rain. Her daughter Meena while trying to draw water slipped and fell into the well through the draw hole and consequently she died...
Tag this Judgment!K.R. Mohammad Ali Vs. Minor Santhosh, Rep. by Guardian Mothu and Next ...
Court: Chennai
Decided on: Jul-07-2000
Reported in: 2000(3)CTC468
ORDER1. The respondent in the Rent Control Original Petition No.8 of 1990 is the petitioner herein and he has come forward to institute the above Civil Revision Petition against the fair and decretal Order dated 25.11.1999 made in I.A.No.85 of 1996 in R.C.O.P.No.8 of 1990 passed by the Rent Controller and the I Additional District Munsif, Salem. 2. The original petitioner in the R.C.O.P. is the landlady viz., R. Amsavani Ammal who is reportedly dead. The second and third respondentsherein namely, Minor Santhosh and V.Shiyamala Rani have come to be impleaded as legal representatives of the deceased petitioner R.Amsavani Animal as per the order dated 25.11.1999 made in I.A.No.85 of 1996 by the court below which is under challenge before this Court. 3. The contentions of the petitioner herein is that Minor Santhosh and V. Shiyamala Rani should not have been impleaded as legal representatives of the deceased R. Amsavani Ammal at all, since according to the revision petitioner, the rights o...
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