Chennai Court April 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Oriental Insurance Company Limited Vs. Mohan and ors.
Court: Chennai
Decided on: Apr-25-2003
Reported in: III(2003)ACC649
P. Sathasivam, J.1. The Oriental Insurance Company, Virudhunagar, aggrieved by the order of the Workmen's Compensation Commissioner (Deputy Commissioner for Labour), Madurai, dated 8th August, 1994 made in W.C. No. 171 of 1993 has preferred the above appeal.2. In respect of grievous injuries sustained in a motor vehicle accident that took place on 30th November, 1992, the first respondent herein - applicant has prayed for a compensation of Rs. 1,04,960/- before the Deputy Commissioner for Labour. Before the said Authority, the applicant himself was examined as A.W. 1 and Dr. L.T. Thulasi Raman as A.W. 2 and marked Exs. A-1 to A-12 in support of his claim for compensation. On the side of the management, no one was examined, however, the Insurance Company has marked Exs. R-1 and R-2 in support of their defence. The Authority, after considering all the materials, after holding that the applicant sustained injuries in the course of his employment, based on the evidence of the Doctor, disab...
Emaresan Vs. Radha
Court: Chennai
Decided on: Apr-24-2003
Reported in: (2003)2MLJ561
N.V. Balasubramanin, J.1. This appeal arises out of a suit for partition. 2. The appellant is the defendant and the respondent in the appeal is the plaintiff. The appellant and the respondent are the brother and sister and the parties are hereinafter referred to as arrayed in the plaint. The plaintiff filed the suit for partition claiming 50% of the share in the suit property and for mesne profits and for other incidental reliefs. The case of the plaintiff is that the suit property belonged to her mother Ellammal, which was purchased by her by two registered deeds of sale dated 27.5.1938 and 2.5.1939. According to the plaintiff, her mother Ellammal was in possession and enjoyment of the suit property and she has also put up superstructure and she was the absolute owner of the suit property and she was in enjoyment of the suit property till her date of death on 18.10.1976. She has stated that Ellammal died intestate leaving behind the plaintiff and the defendant to succeed to her estate...
M.G. Pictures (Madras) Limited Vs. Assistant Commissioner of Income-ta ...
Court: Chennai
Decided on: Apr-24-2003
Reported in: (2003)185CTR(Mad)185; [2003]263ITR83(Mad); (2003)3MLJ9
V.S. Sirpurkar, J. 1. This appeal is directed at the instance of the assessee against the order passed by the Income Tax Appellate Tribunal, Madras 'B' Bench. It seems to have been admitted for motion hearing on the basis on the following substantial question of law:'1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal is correct in holding that the amended provisions if Section 40A(3) is not applicable to the facts of the case and that the entire amount added has to be sustained and not only 20% of the amount paid?2. Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in holding that the amendment to the provisions of Section 40A(3) is not a procedural one but a substantive one?'Following facts would be necessary to appreciate the controversy involved. 2. The assessee company, which was incorporated on 9-12-1992, is engaged in production and distribution of motion pictures mainly in Tamil language. There was a sear...
A. Silveira Vs. Managing Director, Indian Overseas Bank,
Court: Chennai
Decided on: Apr-24-2003
Reported in: (2003)IILLJ1027Mad; (2003)2MLJ239
C. Nagappan, J. 1. Both the writ appeals are directed against the order of the learned single Judge, dated 11.12.1997, in W.P. No. 17347 of 1994.2. The writ petitioner is the appellant in W.A. No. 300 of 1998. Respondents 1 to 4 in the writ petition are the appellants in W.A. No. 843 of 1998.3. The writ petitioner joined the services of the first respondent Bank as an unpaid probationary clerk in 1944 and reached the position of Deputy General Manager at the Central Office, Madras and was due to retire on superannuation on 29.2.1988. On 27.2.1988, the petitioner was served with a letter from the third respondent placing him under suspension in terms of Regulation 12(1)(a) of the Indian Overseas Bank Officer Employees' Conduct and Discipline & Appeal Regulations, 1976 on the ground that enquiry into the charges levelled against him on 15.2.1986 was contemplated. On the same day, the petitioner was served with another letter from the General Manager intimating him that in view of the sus...
income-tax Officer Vs. Balaji Chit Fund and ors. (No. 1)
Court: Chennai
Decided on: Apr-24-2003
Reported in: (2004)186CTR(Mad)293; [2003]264ITR428(Mad)
A. Packiaraj, J.1.This revision has been filed by the complainant, namely, the Income-tax Officer, Ward-I(2), Coimbatore, against the orders passed by the Judicial Magistrate No. 2, Coimbatore, in Crl. M. P. Nos. 1581 to 1584 of 1998 in C. C. Nos. 306 to 309 of 1989 on his file, discharging the accused of offence under Section 245(2) of the Code of Criminal Procedure.The circumstances under which the said order has come to be passed are as follows :'(a) The first accused firm was carrying on business in chit funds and money-lending. Every year it was paying interest to the depositors and the interest is either credited to their accounts or paid to them. Under the provisions of the Income-tax Act, 1961, by virtue of Section 194A, the firm is liable to deduct tax at the prescribed rates out of interest payable to the depositors either at the time of payment or crediting the interest to the accounts of the depositors, whichever is earlier. The firm concerned has to necessarily file a decl...
income-tax Officer Vs. Balaji Chit Fund and anr. (No. 2)
Court: Chennai
Decided on: Apr-24-2003
Reported in: (2004)186CTR(Mad)291; [2003]264ITR445(Mad)
A. Packiraj, J.1. This revision has been filed by the complainant, namely, the Income-tax Officer, Ward-I(2), Coimbatore, against the orders passed by the Judicial Magistrate No. 2, Coimbatore, in Crl. M. P. No. 1580 of 1998 in C. C. No. 305 of 1989 on his file, discharging the accused of offence under Section 245(2) of the Code of Criminal Procedure.2. The circumstances under which the said order has come to be passed are as follows :'(a) The complainant filed a complaint against the accused for offence under Sections 120B, 193, 420, 468 and 471 of the Indian Penal Code and Sections 276C and 277 of the Income-tax Act, 1961. The allegation is that A-1, Balaji Chit Funds is a company of which A-2, A-3 and one Nalini are the partners. (b) The allegation against the accused is that a declaration was filed by A-2, on behalf of A-1 under Section 184(7) of the Income-tax Act for continuation of registration of A-1 in respect of the assessment year 1981-82 and the same was presented before th...
The Secretary, Selection Committee, Directorate of Medical Education V ...
Court: Chennai
Decided on: Apr-23-2003
Reported in: 2003(2)CTC513; (2003)2MLJ414
ORDERB. Subhashan Reddy, C.J.1. This writ appeal raises an important point as to whether a seat vacant in a particular reserved category can be allotted to a candidate outside the said category basing upon merit. 2. It is not a case relating to class reservation. But, reservation was carved out in admissions to MDS Course for the year 2002-2003 for service candidates. Out of the 14 seats available, 7 were earmarked for in-service candidates, who were working in hospitals, and the rest were for non-service candidates, who passed out B.D.S. The prospectus was issued prescribing 40% minimum cut off mark for admission, but one of the candidate i.e., 3rd respondent herein, did not secure 40%. Yet, he was granted admission in service quota to fill up the 50% reservation, which was challenged and the said challenge was upheld by the learned single Judge vide order dated 21.11.2002, passed in W.P.No.21565 of 2002. Aggrieved against the said order, the present writ appeal has been filed. 3. Pro...
H.E.T.C. Educational Society Represented by Its Director - Projects Dr ...
Court: Chennai
Decided on: Apr-23-2003
Reported in: (2003)2MLJ568
R. Jayasimha Babu, J. 1. Hindustan Engineering Training Centre (HETC) Educational Society is registered under the Societies Registration Act, 1860 and runs six educational institutions. The object of the society is to impart higher education in medical, dental, engineering and other subjects. In the year 1997 it resolved to start a new dental college in the name of Hindustan Institute of Dental Science at Karapakkam, in Kancheepuram District near Chennai. 2. On 07.02.2001 it applied to the Government of India under Section 10-A which was introduced with effect from 27th August 1992 into the Dentists Act, 1948 by Act 30 of 1993, and in accordance with the Establishment of New Dental Colleges Regulations, framed by the Dental Council in exercise of it's powers under Section 10-A read with 20 of the Dentists Act. That proposal was returned to the petitioner on the 23rd of February, 2001 pointing out certain deficiencies and after some of those deficiencies were removed, the proposal was a...
Maragathammal Vs. Seetha Alias Muthammal and Two ors.
Court: Chennai
Decided on: Apr-23-2003
Reported in: 2003(3)CTC540
ORDERPrabha Sridevan, J. 1. The following substantial questions of law were framed at the time of admission: '(1) Whether the Lower Court erred in holding that the Will alleged have been executed by Sankaravadivammal is true and genuine without correctly appreciating the evidence on record to show the existence of grave suspicious circumstances? (2) Whether the Lower Court is right in accepting the evidence of the only attestor examined and holding that the Will dated 12.3.1982 is proved especially when all the attestors are not examined as there are various suspicious circumstances? (3) Whether the Lower Court is right in going into the question of title between competing claimants in the suit for redemption?' The defendant is the appellant. The suit was filed by the respondent for redemption of the mortgage and for other reliefs. According to the respondent-plaintiff, the suit properties belonging to Sankaravadivammal were mortgaged to the first defendant whose legal representative...
Chandrasekar @ Sekar Vs. State of Tamil Nadu, Rep. by the Inspector of ...
Court: Chennai
Decided on: Apr-22-2003
Reported in: 2003(2)CTC367
ORDERN. Dhinakar, J.1. As the Reference and the appeal arise out of a common sessions case, we dispose them of by the following common judgment.2. The appellant, challenging his conviction and sentence of deathimposed by the learned II Additional Sessions Judge, Chennai, for anoffence of murder, has preferred the above appeal and the learned SessionsJudge has made the reference for the confirmation of death sentence imposedupon him. The appellant, who, in this judgment, will be referred to as 'theaccused', was tried on a charge of murder with an allegation that at 2.00 a.m.on 3.9.2001, he caused the death of his son, Shanmugasundaram @Shanmugam, by cutting his neck and severing it and that during the courseof the same transaction, he attempted to murder P.Ws. 1 and 2. The learnedSessions Judge, as stated earlier, finding the accused guilty under Section302, I.P.C. and sentencing him to death, imposed a sentence of seven yearsR.I. under Section 307, I.P.C. framed under Charge No. 2 for ...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »