Chennai Court February 2003 Judgments
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Employees State Insurance Corporation, Rep. by Regional Director Vs. S ...
Court: Chennai
Decided on: Feb-21-2003
Reported in: (2003)IILLJ895Mad; (2003)2MLJ494
R. Jayasimha Babu, J. 1. Section 46 of the Employees' State Insurance Act (hereinafter referred to as 'the Act') sets out the benefits available to the persons covered by that Act. That Section provides, inter alia, that subject to the provisions of the Act, the insured persons --- an 'insured person' is defined in Section 2(14) of the Act as a person who is or was an employee in respect of whom contributions are or were payable under this Act and who is, by reason thereof, entitled to any of the benefits provided by this Act --- shall be entitled to, as provided in sub-clause (c) 'periodical payments' if ' . . . suffering from disablement as a result of an employment injury sustained as an employee under this Act, and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit)'.2. Thus, for the purpose of claiming the benefit of periodical payment, the insured person must have incurred the disa...
Palani Municipal Council Through Its Commissioner Vs. C. Sadasivam and ...
Court: Chennai
Decided on: Feb-20-2003
Reported in: (2003)1MLJ760
D. Murugesan, J.1. Since the issues involved in both the second appeals are common, they are taken up together for final disposal. 2. The appellant in both the second appeals is Palani Municipal Council through its Commissioner. The respondents in both the appeals are the tenants of the appellant in respect of the shops in Palani bus stand. They became lessees of the shops in the public auction held on 19.12.83 on monthly rent. They entered into lease agreements with the appellant Council. The lease agreements entitled the respondents to be lessees till 31.3.86. Complaining non payment of rent by the respondents, the appellant filed two separate suits for recovery of rental arrears and those suits were decreed. Subsequent to that, the appellant filed O.S.Nos.369 and 360 of 1989 claiming damages for unauthorised occupation of the shops by the respondents for the periods from 1.4.86 to 31.8.86 and from April 1986 to March 1987 respectively. The trial Court after considering the materials...
Christian Medical College and Hospital Vs. the Deputy Commissioner of ...
Court: Chennai
Decided on: Feb-20-2003
Reported in: (2003)IIILLJ804Mad
ORDERE. Padmanabhan, J.1. The petitioner, Christian Medical College and Hospital, Vellore has prayed for the issue of a writ of certiorari to call for the records connected with P.G. No. 96/96 to 111/96 and 208 of 1996 on the file of the Controlling Authority under the Payment of Gratuity Act, and quash the order No. N.Dis.1.2.1346/98, dated 13.1.1998 made by the first respondent, Deputy Commissioner of Labour (Appeals) (Appellate Authority under the Payment of Gratuity Act, 1972) and further direct that the appeals of the petitioner be taken on file without insisting pre-deposit to be made.2. Notice of motion was ordered during the year 1998. Heard Mr. John, learned counsel for M/s. s. Ramasubramaniam Associates, for the petitioner, Ms. V. Velumani, Additional Government Pleader for the first respondent and non appearing for the respondents 2 to 18.3. By a common order passed by the Assistant Commissioner of Labour and Controlling Authority under the Payment of Gratuity Act, 1972 in P...
A. Ruckmani Vs. the Correspondent, Gandhiji Aided Middle School,
Court: Chennai
Decided on: Feb-19-2003
Reported in: (2003)2MLJ4
V.S. Sirpurkar, J. 1. The appellant herein challenges the common order passed by the learned Single Judge of this Court in W.P.Nos.11257 of 1995, 13099 of 1995, 15441 of 1995 and 3818 of 1997. Out of these petitions, we are concerned only with the Writ Petition No. 15441 of 1995 which was filed by the present appellant/petitioner. In her petition, she had challenged the order passed by the Joint Director, dated 31.7.1995 whereby her claim for promotion as a Headmistress in the Middle School was turned down. We are not really concerned with the earlier history of litigation, because the Writ Appeal can be disposed of only on the basis of the contentions raised by the appellant and the facts relating to her. 2. It is an admitted position that the appellant was working as Secondary Grade Assistant Teacher right from 1964 in the concerned school. A vacancy for the Middle School Headmaster/Headmistress arose in the month of June, 1993 for that post. However, later on, i.e., in February, 199...
C.R. Rajasekaran Vs. Judicial Magistrate
Court: Chennai
Decided on: Feb-19-2003
Reported in: 2003CriLJ4024; 2003(2)CTC683
ORDERA. Packiaraj, J.1. This revision has been taken on file by the High Court on its Suo Motu jurisdiction on the basis of the letter written by one Rajasekar to the Chief Judicial Magistrate, Nagapattinam on the basis of the orders passed by the Judicial Magistrate, Nagapattinam, in M.C. No.14 of 1999, convicting and sentencing one Janarthanam for offence under Section 228 IPC and directing him to undergo simple imprisonment for six months and to pay a fine of Rs.1000/- in default to undergo two weeks simple imprisonment.2.The brief facts of the case is as follows:-a) One Janarthanam, instituted a private case against his brothers in CC No.2526 of 1996. In that connection, on 09.09.1999, he filed a petition to give a copy of the document sent by the Mayiladuthurai Hospital but the same was returned. Hence on 10.09.1999, he wrote a letter to the Judicial Magistrate, Nagapattinam and a copy thereof marked to the Chief Judicial Magistrate, Nagapattinam, asking him for the reasons as to ...
Nirmala Rani Vs. the State of Tamilnadu, Rep. by the Assistant Commiss ...
Court: Chennai
Decided on: Feb-18-2003
Reported in: 2003CriLJ3108
ORDERV. Kanagaraj, J.1. This criminal original petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in PRC. No. 2 of 2003 on the file of the Court of Judicial Magistrate No. IV, Trichirapalli and to quash the same.2. The petitioner would submit that she is a practising advocate and a social activist engaged in championing the causes of oppressed classes in general and the women-folk in particular; that she is also a member of the District Juvenile Justice Board and the District Advisory Committee; that she is the District Secretary (in-charge) of the All India Democratic Women's Association which is fighting for the cause of women.3. The petitioner would further submit that on 2.4.2002, one Mythili Sivaraman of All India Democratic Women's Association, Chennai, received an anonymous letter to the effect that one Mohana of Swaminathapuram, Thiruverambur, Trichy District was indulging the author of the letter and some other girls in ...
S. Palanisamy Vs. the Bharat Petroleum Corporation Ltd. Rep. by Its Te ...
Court: Chennai
Decided on: Feb-18-2003
Reported in: 2003(2)CTC257
ORDERK. Govindarajan, J.1. The petitioner has filed this writ petition seeking to quash the proceedings dated 16.12.2000 on the file of the second respondent and direct the respondents 1 and 2 to select the petitioner for the L.P.G. Distributor at Palladam, Coimbatore District.2. According to the petitioner, on the basis of the advertisement published in the daily newspaper dated 7.6.1998 calling for applications for selecting a dealer in L.P.G. Distributor at Palladam, the petitioner got the application on payment of cost. The petitioner also submitted his application to the 1st respondent within time. According to the petitioner, he is fully eligible as per the conditions published in the said advertisement. Subsequently, it is the case of the petitioner that, again applications were called for, even for L.P.G. Distributor at Palladam along with other centres. The petitioner obtained fresh application and. sent the said application with necessary particulars. The petitioner appeared ...
Mrs. Vasantha Ramanan Vs. Official Liquidator and ors.
Court: Chennai
Decided on: Feb-18-2003
Reported in: [2003]114CompCas747(Mad); [2003]47SCL710(Mad)
D. Murugesan, J.1. The applicant in all the three company applications is one Mrs. Vasantha Ramanan. The respondents in all the three applications are common. In Company Application No. 1418 of 2001, the applicant has prayed for an order setting aside the award dated June 21, 2000, passed by Justice P. Baskaran, retired judge of this court, in the dispute between the second respondent, namely, M/s. First Garments ., and the company in liquidation, namely, Bharath Tex Fashions Limited, on the ground that the same was obtained by fraud, collusion and hence, not binding on the company or its shareholders and creditors.2. In Company Application No. 1419 of 2001, the applicant has prayed for a direction to the second respondent to submit the statement of accounts and accounts of the of the assets of the company in liquidation and the use of the same belonging to the company from March 1, 1999, to August 17, 2001, when the official liquidator took possession of the factory of the company in ...
T. Govindaraju Naidu Vs. the Special Deputy Collector (La), Tamil Nadu ...
Court: Chennai
Decided on: Feb-17-2003
Reported in: (2003)2MLJ244
ORDERPadmanabhan, J.1. The petitioner prays for the issue of a writ of mandamus directing the respondent to pass an order of enhanced compensation under Section 28-A of The Land Acquisition Act, 1894, relating to his lands comprised in Survey No. 201/2 measuring 50 cents in No. 106, Koyambedu Village on the representations dated 29.5.89 and 29.12.90.2. Heard Mr. David Thiyagaraj, learned counsel appearing for the petitioner and Ms. D. Malarvizhi, learned Government Advocate appearing for the respondent. With the consent of counsel on either side, the writ petition itself is taken up for final disposal.3. The petitioner's land comprised in survey No. 201/2 measuring 50 cents in Koyambedu Village was acquired by the respondent for housing scheme and an award was passed under Section 11 of The Land Acquisition Act in Award No. 1/80 dated 30.1.1980. A sum of Rs. 5,692.50 alone was awarded as compensation. The petitioner had not sought for a reference under Section 18 of The Land Acquisitio...
Garuda Chit and Trading Co. P. Ltd., Vs. Coramandel Indag Products P. ...
Court: Chennai
Decided on: Feb-17-2003
Reported in: (2003)1MLJ707
S. Jagadeesan, J. 1. The appeal is against the judgment and decree dated 1.6.1993 in C.S. No. 287 of 1982 granting the relief of specific performance in favour of the respondent. The respondent herein filed the said suit for specific performance of an agreement of sale dated 28.8.1981 entered into between the respondent and the first appellant, represented by the appellants 2 and 3. The case of the respondent is that the first appellant, represented by their Director Mr. T.V. Raghavan negotiated for the sale of the building and vacant site at No. 46, Cathedral Road, Madras-86 belonging to the first appellant herein. After the terms were agreed, on 28.8.1981 an agreement of sale was signed on behalf of the respondent by its Director Mr. T.V. Raghavan and on behalf of the first appellant by its General Manager and Power Holder Mr. K.S. Hari. On the date of the said agreement a sum of Rs.2 lakhs was paid to the first appellant by way of advance and the sale consideration was fixed at Rs.8...
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