Chennai Court September 2003 Judgments
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M. Sathiamoorthi Vs. State Rep. by Spe/Cbi/Acb
Court: Chennai
Decided on: Sep-09-2003
Reported in: 2004CriLJ1623
ORDERV. Kanagaraj, J. 1. Petitioner as accused No.3 in C.C.No. 25 of 2001 has filed the above criminal revision case against the order dated 10.04.2003 passed in Crl.M.P.No.108 of 2001 in C.C.No.25 of 2001 by the Court of Special Judge for CBI Cases cum IX Additional Sessions Judge, Chennai. 2. The petitioner has filed the Crl.M.P.No.108 of 2001 under Section 91 of Code of Criminal Procedure seeking production of the documents referred to in the petition.3. The prosecution case is that the petitioner/A3 was involved in a criminal conspiracy between 1995-96 at Chennai, Trichy, Nagapattinam, Red Hills and other pleas to commit criminal misconduct and cheat the Government of India and Government of Tamil Nadu in the matter of construction/erection of cremation sheds under JRY schemes by using JRY funds and in pursuance of the conspiracy the petitioner/A3 initiated the proposal on 21.06.1995 for the said construction and erection of cremation sheds under JRY at an exorbitant rate of Rs.30,...
The Manager, R.C. Schools, Salem Social Services Society and the Headm ...
Court: Chennai
Decided on: Sep-08-2003
Reported in: (2003)3MLJ835; 2003(4)CTC65
R. Jayasimha Babu, J.1. The appellant school is a minority school run by the Salem Diocese Society. It run 43 schools all of which have been recognised under the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act 1973. A common seniority list is maintained of all the teachers working in all these schools. The society has been effecting transfers of its teachers from one school to another, such transfers being authorised under the Rules of the society which rules are made part of the service conditions of the employees by the undertaking obtained from the teachers in their service registers that they will be bound by the rules of the society.2. The 1st respondent is one of the teachers employed in the school run by the appellant at Salem. He along with many others, said to number about fifty, were transferred in the year 1998. Though all the others took up their places at the schools to which they were posted, the 1st respondent resisted the transfer and filed a wr...
Polaris Software Lab. Limited Rep. by Its Company Secretary Vs. Suren ...
Court: Chennai
Decided on: Sep-08-2003
Reported in: (2004)ILLJ323Mad; (2003)3MLJ557
R. Banumathi, J.1. The plaintiff Company - Polaris Software Lab Ltd., is a software Company in India, having its offices all-over the country and also throughout the world. According to the plaintiff Company, it has taken several steps in its business for rapid growth of Software Industries. The plaintiff Company engaged the services of the defendants, whose services were terminated in the month of April, 2003. Now temporary injunction is sought for restraining the defendants from committing any act in breach of the Undertaking dated April 25, 2002;ii) restraining the defendant from divulging any information and confidential information and maintaining confidentiality;iii) Also restraining them from giving out any adverse publicity to the media. Earlier by order of this Court, dated April 17, 2003, ex parte interim order of injunction was granted.2. The details of the Original Applications are as noted below:O. A. 374 of 2003Interim injunction from disclaiming any confidential informat...
Ranipet Greaves Employees Union, Represented by Its General Secretary ...
Court: Chennai
Decided on: Sep-05-2003
Reported in: (2004)IILLJ622Mad
ORDERP. Sathasivam, J.1. By consent of all parties main writ petition itself is taken up for disposal. Ranipet Greaves Employees Union and Greaves Labour Union have filed the above writ petition questioning the order of the Labour Officer-I, Vellore in No.129, NO. 1926/2001 dated 08-03-2002 in and by which he conveyed his inability to conduct Union elections.2. The case of the petitioner is briefly stated hereunder:Both the petitioners are Trade Union registered under the Trade Unions Act, 1926. The petitioner Union believes in democratic election, electing the workers representatives by all the workers in the industry. The Greaves Limited has a factory at Ranipet, manufacturing diesel engines for Auto Rickshaws and pump sets. It employs about 350 permanent workers. The first petitioner union has on its roll 200 members and the 2nd petitioner union has 100 membership. Originally the factory at Ranipet was under the control and management of Enfield India Limited. There was a settlement...
Pharmaceutical Manufacturers' Association of Tamil Nadu Vs. the Govern ...
Court: Chennai
Decided on: Sep-05-2003
Reported in: (2004)ILLJ657Mad
ORDERP. Sathasivam, J.1. By consent of both parties main writ petition itself is taken up for disposal. Pharmaceutical Manufacturers' Association of Tamil Nadu, aggrieved by the fixation of minimum rates of wages for the employment in Medical and Sales Representatives under Minimum Wages Act, 1948 in G.O.(2D) No. 39 Labour and Employment (J1) dated 6th November, 2000, has filed the above writ petition to quash the said notification on various grounds.2. The case of the petitioner Association is briefly stated hereunder:The petitioner is a Society registered under the Societies Registration Act. The pharmaceutical industries who are members of the petitioner Association are all manufacturing units engaged in the manufacture of various types of medicines. There are various types of pharmaceutical industries and they can be classified into big, medium and small industries depending upon the total turn over, number of persons employed, capital outlay etc. Many of the pharmaceutical compani...
Around the World Travel and Tours P. Ltd. and ors. Vs. Union of India ...
Court: Chennai
Decided on: Sep-05-2003
Reported in: (2004)190CTR(Mad)463; [2004]268ITR473(Mad)
P. Sathasivam, J.1. Around the World Travel and Tours Private Limited and 13 other travel agencies have filed the above writ petition, seeking to issue a writ or declaration declaring that tax shall be deducted at source under Section 194H of the Income-tax Act, 1961, only in respect of the commission actually paid or payable by respondents Nos. 4 to 21 to the petitioners on the face value of the tickets and no tax can be deducted in respect of the discount or rebate on the price of the tickets allowed by the airlines to the customers against the listed price of the tickets.2. While admitting the writ petition on July 25, 2003, this court in W. P. M. P. No. 25809 of 2003, granted interim injunction and ordered notice to the respondents. Pursuant to the notice, British Airways--13th respondent, has filed W. V. M. P. No. 1661 of 2003, for vacation of the interim injunction granted on July 25, 2003, in W. P. M. P. No. 25809 of 2003.3. Heard Mr. V. Ramachandran, learned senior counsel for ...
Murugan Textile Agencies Rep. by Its Proprietor, T.S. Muthusivan Vs. t ...
Court: Chennai
Decided on: Sep-04-2003
Reported in: [2005]139STC102(Mad)
ORDERK.P. Sivasubramaniam, J.1. The petitioner prays for writ of certiorarified mandamus to call for the records relating to the order of the first respondent dated 8.5.2001, to quash the same and to direct the second respondent to issue to the petitioner, Certificate of Settlement under the Samadhan scheme under Tamil Nadu Sales Tax, Entertainment Tax and Luxury Tax (Settlement of Dispute) Act, 1999 (Tamil Nadu Act 12/1999)2. The following facts are sufficient to dispose of this petition. The petitioner was held liable for payment of Tamil Nadu sales tax and he opted for the Samadhan scheme under the Tamil Nadu Sales Tax, Entertainment Tax and Luxury Tax (Settlement of Dispute) Act, 1999 (Tamil Nadu Act 12/1999) (hereinafter referred to as 'the Act'). A certificate under Form 2 was issued directing the petitioner to make a payment computed in terms of the scheme in one lumpsom within 30 days of the receipt of certificate with 0.5% interest per month from the date of accrual to the dat...
General Marketing and Manufacturing Co. Ltd. Vs. R. Devaraj and the Pr ...
Court: Chennai
Decided on: Sep-04-2003
Reported in: (2004)ILLJ495Mad; (2003)3MLJ816
R. Jayasimha Babu, J.1. A workman, who had put in thirteen years of service and who according to the employer had stolen some pencils and stationary worth Rs. 10/-, had allegedly submitted his resignation. The letter of resignation sets out that it was to have an immediate effect. That letter is dated 8.12.1988. On the same day the employer sent a letter to the workman in these terms, ' We refer to your letter dated 8.12.88 submitting your resignation from the service of this company with immediate effect. In terms of your employment you are required to give one month's notice of resignation or pay one month's salary in lieu of notice. As you have not given one month's notice, you will be required to pay one month's salary in lieu thereof. Your resignation is accepted subject to this with immediate effect.As you have handed over charge we are advising the Accounts Department to settle your dues.' Although, it was stated that the dues are to be settled by the accounts department, those ...
K. Marimuthusamy @ Marimuthu Vs. Mahalatchumi
Court: Chennai
Decided on: Sep-04-2003
Reported in: 2003(4)CTC326; (2003)3MLJ548
ORDERA. Kulasekaran, J.1. This revision petition was posted today for admission. I heard the counsel for the petitioner.2. The defendant is the petitioner. The respondent/ Plaintiff has filed a suit O.S. No. 538 of 1994 before the Additional District Munsif Court, Namakkal for recovery of possession, arrears of rent and for damages at the rate of Rs. 250/- per month from the date of filing the suit till realisation. The respondent herein has filed an application IA No. 169 of 2003 under Order VI Rule 17 CPC for amendment of the plaint seeking for declaratory relief and also to change the measurements of the suit property. The court below allowed the petition for amendment, which is challenged in this revision.3. Before the court below, the respondent herein has marked Ex.P1 dated 13-11-1992, original deed of settlement executed by his father in his favour and Ex.P2 dated 11-02-1993 another original deed of settlement executed by his father in his favour. The reports of the advocate com...
M. Ponnupandian Vs. Selvabakiyam,
Court: Chennai
Decided on: Sep-03-2003
Reported in: (2003)3MLJ590
ORDERS. Sardar Zackria Hussain, J.1. Both the Civil Revision Petitions are filed against the common order in E.A. Nos. 72 of 2003 and 71 of 2003 respectively in E.P. No. 178 of 2001 in O.S. No. 6 of 1992 on the file of the Principal Sub Court, Thenkasi. The parties are described as per their rankings in the suit.2. The first respondent Selvabakiyam filed O.S. No. 6 of 1992 on the file of the Sub Court, Thenkasi against her son, Ponnu Pandian, the first defendant and her daughters, the defendants 2 and 3 and 2 others claiming partition of one-third share. The suit was resisted and after contest, preliminary decree for partition was passed on 8.9.1997. Pursuant to the preliminary decree, final decree was also passed on 14.7.2000. The plaintiff Selvabakiyam filed Execution Petition in E.P. No.178 of 2001 on 19.10.2001. In the Execution Petition, respondents 2 to 4, namely defendants 2 to 4 remained absent and were set ex parte. The first defendant, namely, the revision petitioner entered ...
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