Chennai Court December 2004 Judgments
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Madura Sugars Staff Union Vs. Madura Sugar Mills (Rep. by Its Chief Ex ...
Court: Chennai
Decided on: Dec-14-2004
Reported in: (2005)IILLJ5Mad
Markandey Katju, C.J. 1. This writ appeal has been filed against the impugned order of the learned single Judge, dated October 20, 2004.2. We have heard the learned counsel for appellants and have perused the impugned order. The appellants complained of violation of the provisions of Section 25-C of the Industrial Disputes Act read with Section 25-M.3. It is well settled that if a workman complains of violation of a provision of the Industrial Disputes Act he has to approach forum created by that Act, i.e., either the Labour Court or the Industrial Tribunal by raising an industrial dispute. In the present case, the appellants have riot raised an industrial dispute and straightway have approached this Court under Article 226 of the Constitution of India. In our opinion, the writ petition itself should not have been entertained and should have been straightway dismissed on the ground of alternative remedy of raising industrial dispute as held by the Supreme Court in Uttar Pradesh State B...
S.P. Lakshmanan Vs. the Secretary to Government, Highways Department, ...
Court: Chennai
Decided on: Dec-10-2004
Reported in: 2005(1)CTC324
ORDERPrabha Sridevan, J.1. By consent the main writ petition itself is taken up for final disposal.2. The Government of India had received a loan from the International Bank for Reconstruction and Development (hereinafter called 'the Bank') towards the cost of upgradation of government roads and for meeting the cost of Enhanced Periodical Maintenance. The first respondent invited bids enhanced periodical maintenance of Government roads on 5.12.2003. Bid was open to all bidders from eligible source country as defined in the guidelines, bidders from India registered with Tamil Nadu or other State Governments were also eligible to participate in the bid. Bids were invited for eight contracts MC-1 to MC-8. This writ petition is with regard to MC-5 which relates to roads in Tiruchy and Thanjavur District.3. The instructions to bidders contains the details regarding to bidding documents, preparation of bids, submission of bids, bid opening and evaluation, award of contract. Some of the claus...
Punjab National Bank Ltd. Vs. A.K. Jayaprakash and anr.
Court: Chennai
Decided on: Dec-10-2004
Reported in: 2005(1)CTC283; [2005(106)FLR278]; (2005)IILLJ289Mad
ORDERA.K. Rajan, J.1. This petition has been filed against the order passed by the appellate authority under the Tamil Nadu Shops and Establishment Act, 1947.2. The first respondent was employed in the Bank and during the year 1981, charges were framed against him on the ground that he granted loans exceeding his limits and granted overdrafts without getting permission from the headquarters and that he discounted the cheques without the approval and did not furnish the returns in time. The second charge memo relates to granting of loan without obtaining security, not recovered the discounted cheques and granted overdrafts to one Industry without the approval of the head office. On these charges, an enquiry was conducted and after completing the formalities, the delinquent officer/first respondent was dismissed from the services.3. Against the dismissal order, he moved the appellate authority under the Tamil Nadu Shops and Establishments Act. The appellate authority found that there was...
Janaki Devi Vs. R. Vasanthi and ors.
Court: Chennai
Decided on: Dec-09-2004
Reported in: 2005(1)CTC11; (2005)1MLJ357
ORDERM. Thanikachalam, J.1. The unsuccessful first respondent in T.O.S. No. 10/91, unable to resist the claim of the petitioner/plaintiff/the first respondent herein, who sought for, grant of letters of administration, in respect of the Will dated 4.7. 1974, executed by one Lakshmi Bai, is the appellant.2. Brief facts leading to the grant of letters of administration are as follows:(a) Tmt. Lakshmi Bai, who died on 22.6.1981 had executed a Will on 4.7.1974, at Madras, in favour of the plaintiff/first respondent herein, which was her last Will, attested by one Kanmani and A.T. Venkatesan. The plaintiff/first respondent is the step sister of the executant, Tmt. Late Lakshmi Bai. Out of love and affection, she executed the Will in favour of the plaintiff/first respondent, cancelling the previous Will executed by her, in favour of Vasudevan, and another previous Will in favour of Kannan Lal Prasad.(b)The plaintiff/first respondent herein filed a suit in O.S. No. 886/1993, on the file of th...
Videocon Power Limited, Rep. by Its Authorised Signatory, Mr. Kuldeep ...
Court: Chennai
Decided on: Dec-09-2004
Reported in: 2005(3)ARBLR399(Madras); 2004(5)CTC668
ORDERS. Ashok Kumar, J.1. The above Execution Petition has been filed under Sections 44, 47, and 49 of the Arbitration and Conciliation Act, 1996, read with Order XXI, Rule 12, CPC and Order XIV, Rule 8 of the Original Side Rules for enforcement of the foreign arbitral award dated June 21,' 2004. When this Execution Petition was filed, the Registry did not number it and only gave the S.R number on entertaining a doubt whether the Execution Petition is maintainable or not.2. The brief facts of the contentions raised by the petitioner/decree holder are as follows:The petitioner is a public limited company incorporated under the Indian Companies Act, 1956. The respondent is the Tamil Nadu Electricity Board. Between the petitioner and the respondent there was an arbitration proceedings before a foreign arbitral tribunal consisting of three members viz., (i) Mr.V.V.Veeder, Q.C., (the Chairman of the Tribunal appointed by the Secretary General of the Permanent Court of Arbitration at the Hag...
Suresh Alias Sankar Vs. State by Inspector of Police
Court: Chennai
Decided on: Dec-09-2004
Reported in: 2005(1)CTC192
ORDERN. Dhinakar, J.1. The appellant was tried before the Additional Sessions Judge, Karaikal, on an allegation that at about 11.00 a.m. on 26.1.2000, he strangled his wife Latha, who was pregnant by five months, to death. The learned Sessions Judge, finding the appellant guilty, sentenced him to imprisonment for life.2. The case of the prosecution is this:Baby (PW-1) is the sister of the deceased Latha and the deceased is the wife of the appellant. The appellant married the deceased Latha in the year 1999 and after the marriage, they were residing together in a portion of the house at No. 18, Gnanaprakasam Street, Karaikkal, owned by Therasa (PW-2). PW-1 was living in another locality and working as servant-maid in the house of a soda-factory owner. After the marriage, the deceased was not visiting PW-1 though she used to visit her at the work-spot.On 26.1.2000, PW-2 heard the appellant scolding his wife for not giving him money. After getting some money from his wife, he went to a te...
Pandiyan and ors. Vs. the Inspector of Police
Court: Chennai
Decided on: Dec-08-2004
Reported in: 2005(1)CTC90
ORDERN. Dhinakar, J.1. A-1 and A-5 to A-7 in S.C. No. 146/97 are the appellants in the above appeal. They were tried along with five other accused before the learned Sessions Judge, Chengalpattu. In this judgment, for the sake of convenience, the appellants as well as the five other accused will be referred as A-1 to A-9 in the same order as they were arrayed before the learned Sessions Judge.2. A-1 to A-9 were charged under Section 148, IPC under charge No. 1 and A-1 to A-4 and A-5 to A-9 were charged under Section 302, IPC under charge Nos. 2 and 3 for causing the death of Kannan (D-1) and Dilliraj (D-2) respectively. The allegation against them in the said charges is that at 10.30 p.m. on 31.3.96, A-1 to A-9 formed themselves into an unlawful assembly with the common object of murdering Kannan (D-1) and Dilliraj (D-2) and in furtherance of the said common object, A-1 to A-4 attacked Kannan (D-1) with patta knives and caused his death and that A-5 to A-9 attacked Dilliraj (D-2) and c...
Assistant Commissioner of Income Vs. Smt. N. Sasikala
Court: Income Tax Appellate Tribunal ITAT Chennai
Decided on: Dec-07-2004
Reported in: (2005)92TTJ(Chennai)1196
1. This appeal by the Revenue is directed against the order of the CIT(A), dt. 23rd Jan., 1994, on the ground that the CIT(A) erred in deleting the addition made towards unexplained opening cash balance available with the assessee to the tune of Rs. 6,50,000.2. The brief facts of the case are that for the asst. yr. 1991-92, the assessee has filed a statement of affairs of her proprietary concern, M/s Vinoth Video Vision, wherein she has shown the opening balance of cash at Rs. 6,57,642.60. The AO doubted this keeping of huge amount as physical cash balance in her custody as she has kept small amount of Rs. 1,84,180 in Canara Bank current account, Kelleys Branch. The AO, therefore, called for the explanation from the assessee for keeping this huge amount in her physical possession. The assessee explained that this amount was subsequently deposited in the bank and used for the purchase of property. The AO was of the opinion that there was no necessity to keep such amount of cash and eve...
Director General of Foreign Trade, Ministry of Commerce and anr. Vs. R ...
Court: Chennai
Decided on: Dec-07-2004
Reported in: 2004(5)CTC696
ORDERMarkandey Katju, C.J.1. This writ appeal has been filed against the order of the learned single Judge dated 23.1.2004.2. We have heard the learned counsel for the parties and perused the impugned judgment and the records.3. The writ petitioner was the second transferee of a licence granted for exporting leather and leather products by the Export and Import Control Trade Organisation, Chennai, on 22.9.1999. Originally, the licence was granted for the period from 22.9.1999 to 20.2.2001. Subsequently, it was transferred to one M/s. M.B. Vir Enterprises on 20.2.2001 and the period of the licence was extended, in terms of the policy, till 20.8.2001.4. The Directorate of Revenue Intelligence seized several licences including the licence in question on 23.4.2001 on the allegation of tampering. The licence in question was found to be in order and therefore, returned to the writ petitioner on 16.8.2001. His licence period was to expire on 20.8.2001. He made an application for extension of ...
Nataraja Agencies, Rep. by Its Proprietor, G. Natarajan, Dealer, India ...
Court: Chennai
Decided on: Dec-07-2004
Reported in: 2005(1)CTC394
ORDERMarkandey Katju, C.J.1. This writ appeal has been filed against the order dated 2.11.2004, passed by the learned single judge, rejecting the interlocutory application for interim injunction filed by the appellant herein.2. The appellant, who is running a petroleum retail-outlet in Pondicherry, filed the writ petition, challenging the grant of dealership to the fourth respondent herein by the second respondent. In the said writ petition, the appellant filed an interlocutory application for grant of interim injunction, restraining the respondents 2 and 4 from starting a retail outlet within one kilometer's radius of his retail outlet. The learned single Judge dismissed the injunction application against which, the present appeal has been filed.3. The Supreme Court in Mithilesh Garg v. Union of India, : AIR1992SC443 , held that a rival businessman cannot file a writ petition, challenging the setting-up of a similar unit by another businessman, on the ground that establishing a rival ...
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