Chennai Court March 2005 Judgments
State of Tamil Nadu, Rep. by Its Secretary to Government, Transport De ...
Court: Chennai
Decided on: Mar-28-2005
Reported in: (2005)IIILLJ407Mad; (2005)2MLJ490
Markandey Katju, C.J. 1. These writ appeals are against the impugned common order dated 23.03.1999 passed by the learned single Judge. 2. The respondents/writ petitioners were suspended pending enquiry onserious charges of corrupt practices and financial irregularities to the tuneof crores of rupees committed by them during 1993-1996 when they were at thehelm of affairs of the respective State Transport Corporations, viz. ManagingDirector of the Transport Corporations.3. To appreciate the nature and gravity of the financial irregularities committed by the writ petitioners/respondents, we quote the five charges mentioned in the charge sheet dated 21.08.1996 issued byG.O.Ms.No.170 to the respondent/writ petitioner M. Veerappan in W.A.No.103 1 of 1999 arising out of W.P.No.8422 of 1997.'Charge No.I: He, while serving as the Managing Director, Jeeva Transport Corporation Limited, Erode during the period from 26.12.1994 to 11.07.1996purchased Bus Body Kit and Seat Assemblies during the peri...
Tag this Judgment!National Small Industries Corporation Ltd. Rep. by Its Regional Genera ...
Court: Chennai
Decided on: Mar-28-2005
Reported in: (2005)IIILLJ284Mad; (2005)3MLJ126
Markandey Katju, C.J.1. This writ appeal has been filed against the impugned order of the learned single Judge dated 3.1.2005.2. We have heard the learned counsel for the parties and perused the records.3. The order dated 26.4.1990 of the appellant Corporation states that the second respondent herein has been engaged as an Apprentice Trainee (Shop Assistant) for a period of two years on a consolidated salary. It is alleged in the petition filed by the respondent that on 1.5.1992 without any reason or enquiry, the Management had removed him from service orally although he served continuously for more than 240 days. He has also alleged that his termination was in violation of the provisions of Section 25F of the Industrial Disputes Act. It was also alleged that the same post was re-advertised which means that there were vacancies and his juniors were retained in service. An Industrial Dispute was referred to the I Additional Labour Court, Chennai, which was decided in favour of the workm...
Tag this Judgment!Commissioner of Central Excise Vs. Chemplast Sanmar Ltd.
Court: Chennai
Decided on: Mar-24-2005
Reported in: 2009(239)ELT398(Mad); (2005)2MLJ253
ORDERMarkandey Katju, C.J.1. This is a reference application under Section 35(H)(1) of the Central Excise Act, 1944 by which the following substantial question of law is sought to be referred for our opinion:-'Whether MODVAT credit could be allowed at a later date without following any procedures as prescribed under Chapter V (AA) of the erstwhile Central Excise Rules, 1944.'2. Heard the learned counsel for the parties.3. The assessee M/s. Chemplast and Plastics India Limited, Mettur Dam is the manufacturer of various inorganic and organic chemicals falling under Chapters 28 & 29 respectively of the schedule to the Central Excise Tariff Act, 1985. The assessee is manufacturing chlorine falling under sub heading No. 2801.10 of Schedule to the aforesaid Act, and a portion of the chlorine so manufactured is being removed for the manufacture of Hydrochloric Acid classifiable under sub heading No. 28 06.10 of the said Act, and exemption in respect of chlorine has been claimed as per Notific...
Tag this Judgment!Indian Bank, Rep. by Its Chairman and Managing Director, Vs. S. Madhav ...
Court: Chennai
Decided on: Mar-24-2005
Reported in: 2005(5)CTC245
Markandey Katju, C.J.1. This writ appeal has been filed against the order of the learned single Judge dated 12.03.2002.2. We have heard learned counsel for the parties and perused the record.3. The respondent was a clerk in the service of the appellant/bank, and he was also the Vice President of the Indian Bank Employees' Union (IBEU) which had a Current Account in the same bank. The respondent was given charge sheet dated 08.03.1997 alleging that on 18.01.1996 he had opened a Savings Bank Account in the name and style of S. Madhavan, Organiser, Indian Bank Employees' Union (M.L.)/S.B.A/c.No.16270 at the Tiruppur Branch of the bank. It was further alleged that he had collected and retained 11 cheques in his capacity as Vice President of the Indian Bank Employees' Union. He was Vice President of I.B.E.U only till 18.12.1995 when he lost the election. Hence, he should have returned the cheques to I.B.E.U., but instead a new S.B. Account No.16270 was opened by him on 18.01.1996 in the nam...
Tag this Judgment!The Institute of Chartered Accountants of India, Rep. by Its Secretary ...
Court: Chennai
Decided on: Mar-24-2005
Reported in: AIR2005Mad287; (2005)2MLJ369
Markandey Katju, C.J.1. These writ appeals have been filed against the common order of the learned single Judge dated 13.07.1998 passed in W.P.Nos.5925 and 5926 of 1989. 2. We have heard learned counsel for the parties and perused the record. 3. The petitioner in both the writ petitions (1st respondent in both the writ appeals herein) is a practising Chartered Accountant and was a member of the Institute of Chartered Accountants of India. The petitioner alleged in his affidavit filed in support of Writ Petition No.5925 of 1989 that he was a partner of M/s.Shri & Co, a reputed Chartered Accountant firm which was started in Madras in 1938. It is alleged that the said firm had wide range of clientele belonging to both public and private sectors, and also of individuals, firms companies and trusts. It was also functioning as Tax Consultants and Tax Representatives. The profession of Chartered Accountants is governed by the Chartered Accountants Act, 1949 (herein after referred to as the Ac...
Tag this Judgment!R. Radha Vs. B. Saraswathy
Court: Chennai
Decided on: Mar-24-2005
Reported in: 2005(2)CTC272; (2005)3MLJ78
ORDERT.V. Masilamani, J.1. The petitioner has preferred this Civil Revision Petition against the order passed by the X Assistant Judge, City Civil Court, Madras in E.A. No. 138 of 1996 in E.P. No. 2022 of 1985 in O.S. No. 4683 of 1982 dated 25.11.1997.2. The respondent/decree holder obtained an exparte decree dated 9.1 1.1982 against the petitioner herein in O.S. No. 4683 of 1982 for specific performance of an agreement of sale and proceeded to execute the decree in E.P. No. 2022 of 1985. The executing court having considered the rival contentions of the parties ordered delivery of the property. Since the warrant was returned on account of obstruction, the respondent filed applications in E.A. No. 3675 of 1985 for removable of superstructure put up by the obstructors and delivery of possession, E.A. No. 3676 of 1985 for police aid and E.A. No. 3677 of 1985 for direction to break open the lock. Afterwards, as per the orders of the executing court, the property was delivered 6.9.1985 aft...
Tag this Judgment!The State of Tamil Nadu, Rep. by Its Secretary to Government, Health a ...
Court: Chennai
Decided on: Mar-24-2005
Reported in: (2005)2MLJ374
Markandey Katju, C.J.1. This writ appeal has been filed against the impugned order of the learned single Judge dated 23.02.2004.2. We have heard the learned counsel for the parties and perused the record.3. The writ petitioner (respondent in this appeal) alleged in his affidavit filed in support of the writ petition that his forefathers were hereditary Siddha Medical Practitioners. Following his predecessors, he also started practising Siddha Medicine along with his father. After his father's demise in October 1966, the writ petitioner started independent practice. He alleged that he has got more than 30 years of practice to his credit, and his medical practice is essential and indispensable to the people of his village and the surrounding areas.4. The State of Tamil Nadu has issued notification G.O.Ms.No.2103 dated 17.11.1981 framing Rules for the registration of traditionally trained and/or hereditary practitioners of Indian Medicine in Tamil Nadu. The writ petitioner has alleged tha...
Tag this Judgment!C.M.S. Evangelical Suvi David Memorial Higher Secondary School Committ ...
Court: Chennai
Decided on: Mar-24-2005
Reported in: 2005(2)CTC161; (2005)2MLJ335
D. Murugesan, J.1. This reference arises in the following circumstances.2. A Division Bench in the judgment reported in K. ARIVANANTHAPANDIAN AND ANR. v. NADAR MAHAJANA SANGAM ETC. AND THREE ORS. 1994 WLR 779 has held that the Registrar alone can register a society and it is before whom Form VII is submitted and any change in the membership or in the Committee should also be reported to him as per Section 15(2) read with Rule 17 in Form VII, it is necessary for the Registrar to be sure of the persons who are elected to the committee of each and every society which comes under his jurisdiction. The Division Bench has also held that wherever Form VII is filed and the correctness of it is challenged by one or other party being the members of the society/Sangam, he can enquire and find out as to whether who are elected to the Committee. On such enquiry, if the Registrar comes to the conclusion that Form VII filed is not correct and nobody has been elected, it will be open to him to give a ...
Tag this Judgment!G. Bernatsan Vs. the District Collector and the Commissioner, Panchaya ...
Court: Chennai
Decided on: Mar-24-2005
Reported in: (2005)2MLJ327
Markandey Katju, C.J.1. This writ appeal has been filed against the impugned judgment of the learned single Judge dated 19.11.2004.2. We have heard the learned counsel for the parties, and have perused the impugned judgment and the record.3. The petitioner/appellant had applied for the post of Pharmacist in Pudukuruchi Siddha Dispensary through the Perambalur District Employment Office, and was called for an interview and short listed for the said post. He joined duty on 01.10.99.4. Thereafter the Commissioner, Panchayat Union, Devakottai, Sivagangai/second respondent herein wrote letter dated 24.8.99 to the District Siddha Medical Officer, Sivagangai for ratification of the petitioner's appointment. The District Siddha Medical Officer, Sivagangai wrote a reply letter dated 26.8.99 to the Commissioner, Panchayat Union, Devakottai, Sivagangai stating that as per Government letter Naka No.6734/E.M. of 0/1/91-1 dated 12.2.91 the Panchayat Union Commissioner, has got power to appoint quali...
Tag this Judgment!The Commissioner, Corporation of Chennai Vs. Dr. D. Dhakshinamurthi, A ...
Court: Chennai
Decided on: Mar-24-2005
Reported in: (2005)2MLJ482
D. Murugesan,J.1. This Writ Appeal is directed against the order of the learned single Judge dated 14.02.2003 made in W.P. No. 15430/1999.2. The first respondent herein was employed as Assistant Pathologist in Public Health Laboratory, Health Department, Corporation of Chennai. According to him, he made an application to the Commissioner, Corporation of Chennai on 30.12.1996 for voluntary retirement from service on the expiry of three months and on completion of 20 years of service in the appellant Corporation. As per the said letter, he should retire voluntarily with effect from 1.4.1997. In the mean time, he submitted a letter to the Health Officer, Corporation of Chennai, on 13.01.1997 for grant of medical leave from 20.1.1997 for a period of 30 days. After availing the medical leave, he submitted a letter on 1.4.1997 for settlement of retirement benefits. By letter 9.4.1997, the Commissioner, Corporation of Chennai, informed the petitioner that his request for voluntary retirement ...
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