Chennai Court April 2005 Judgments
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Tamil Nadu Government (Converted) RWO Association, rep. by It's Presid ...
Court: Chennai
Decided on: Apr-19-2005
Reported in: (2005)2MLJ589
ORDERR. Balasubramanian, J.1. In all these writ petitions common order passed by the Tamil Nadu Administrative Tribunal in one review application and several connected original applications are in challenge. Review Application No. 93 of 1992 was filed to review the earlier order of the Tribunal passed on 8.11.1991 in O.A.Nos.540 of 1989, 846 of 1989 and 270 of 1990 and in the connected original applications namely, O.A.Nos.3007 of 1990, 1830 of 1992, 4030 of 1993, 4087 of 1993, 4158 of 1993, 4221 of 1993 5930 of 1993, 6026 of 1996, 6250 of 1996, 6679 of 1996 and 7351 of 1996 various reliefs were asked for, for the first time either individually or by joining with more than one applicant in those original applications. The writ petitioners were originally appointed as Village Level Workers, hereinafter referred to as 'VLW' for brevity sake, in Agriculture Department, who later on during 1970 to 1978 came to the services of the Rural Development Department as Gramasevaks. There was a dis...
The Commissioner, Corporation of Chennai Vs. V. Sumathi and V. Suresh ...
Court: Chennai
Decided on: Apr-19-2005
Reported in: (2005)3MLJ230
Markandey Katju, C.J.1. This writ appeal has been filed against the impugned order of the learned single Judge dated 19.3.2004 passed in Writ Petition No. 18781 of 1996.2. We have heard the learned counsel for the appellant and have perused the record and find no merit in this appeal.3. The writ petitioner, since deceased, was a widow. Her husband late C. Venkataiah was appointed as temporary worker from 4.3.1978 and it is alleged that he was made permanent on 26.2.1987 and was working as sanitary worker under the Corporation of Madras. He is missing from 24.12.1987, regarding which, the writ petitioner (his widow) has filed a complaint, but he is still missing. The writ petitioner claimed family pension which has been granted by the learned single Judge who has allowed the writ petition.4. Learned counsel for the appellant has invited our attention to Rule 49 (2-A) of the Tamil Nadu Pension Rules (hereinafter referred to as the 'Rules') which states as follows:' The family pension pay...
Tamilaga Asiriyar Koottani Rep. by the General Secretary V. Annamalai ...
Court: Chennai
Decided on: Apr-19-2005
Reported in: (2005)3MLJ252
Markandey Katju, C.J.1. This writ appeal has been filed by an Association calling itself as Tamilaga Asiriyar Koottani.2. The writ petition was filed for a mandamus forbearing the respondents from implementing the G.O. Ms. No. 13 School Education (C2) Department dated 9.2.2005 till the end of the academic year 2004-05 i.e. 31 .5.2005 and for a consequential direction to the respondents to consider the grievance of the elementary school Head Masters working in the upgraded middle schools as per G.O.Ms. No. 39 dated 21.3.2002 and G.O. Ms. No. 135 dated 23.8.2002 for replacement, transfer and postings in the month of June 2005.3. As per G.O. Ms. No. 13, 676 elementary schools were upgraded as middle schools and directions were given to fill up the post of Headmasters in such upgraded middle schools from the Headmasters in elementary schools on the pay scale of Rs. 5300-150-8300 and B.T. Assistants and Tamil teachers on the pay scale of Rs. 5500-200-9000. 4. In our opinion, the appellant h...
Jolen Inc., Rep. by Its Constituted Attorney Mr. Puran Chand Chawla Vs ...
Court: Chennai
Decided on: Apr-18-2005
Reported in: [2006]130CompCas462(Mad); (2005)3MLJ81; 2006(33)PTC256(Mad)
P. Sathasivam, J.1. Aggrieved by the common order dated 08.02.2005, vacating the interim injunction granted earlier, applicant therein filed the above appeals.2. For convenience, we shall refer the parties as arrayed before the learned single Judge.3. The brief facts which are required for the purpose of disposal of the appeals are stated hereunder:(a) The petitioner has filed the suit for permanent injunction restraining the respondents from using the mark / name 'JOLEN' as part of Company name / trading style, website address, E-mail ID, from using the trade dress, viz., bluish green carton with white lettering as well as the distinctive shaped container and from coming out with any advertisements, announcements or making any publicity to the effect that JOLEN has been changed or renamed as OLINA. (b) According to the petitioner, it carries on an established business as manufacturer of a wide range of cosmetic products, including inter alia, crime bleach to pale hair and marketing th...
R. Soundararajan Vs. R. Sivaprakasam and ors.
Court: Chennai
Decided on: Apr-18-2005
Reported in: (2005)3MLJ142
P. Sathasivam, J.1. The above original side appeal has been filed against the order dated 25.11.2004 made in Original Application No. 309 of 2002, in and by which the learned Judge appointed one Mr. A. Shaik Pareeth, Advocate, Chennai as Receiver, to take charge of the suit properties.2. The brief facts which are required for disposal of the above appeal alone are stated hereunder:(a) The first defendant in CS. No. 306 of 2002 is the appellant in the above appeal. Respondents in this appeal are plaintiff and defendants 2 to 5. According to the plaintiff R. Sivaprakasam, his father late E. Ramadoss Chetty, died intestate leaving behind him the following as his legal heirs.(i) Mrs. Mangaleshwari (wife-D2)(ii) Mrs. R. Rajalakshmi (first daughter - D3)(iii) R. Sivaprakasam (first son - plaintiff / applicant)(iv) R. Soundararajan (second son - D1)(v) R. Nithyakalyani (second daughter - D4)(vi) R. Santhavalli (third daughter - D5)(vii) Alamelu Ammal - mother of the deceased Ramadoss Chetty.T...
Mrs. N. Poongodi and Mr. V. Neelakantan Vs. Tata Finance Limited
Court: Chennai
Decided on: Apr-18-2005
Reported in: AIR2005Mad270; 2005(3)ARBLR423(Madras); 2005(4)CTC577; (2005)3MLJ370
P. Sathasivam, J.1. The Above Original Side Appeal has been filed against the order of the learned Single Judge dated 20-10-2004, made in Application No. 91/2004 in I.N. No. 183/2003 in and by which the debtors were asked to pay Rs. 5 lakhs out of Rs. 14 lakhs due on or before 29-10-20 04.2. Heard Mr. R. Krishnamurthy, learned senior counsel for appellants and Mr. Vasudevan for respondent.3. The respondent herein, namely, M/s. Tata Finance limited obtained an award for Rs. 10,89,782/- as compensation on arrears of monthly hire charges being contract balance at 18 per cent per annum on the said principal amount of Rs. 6,97,540/- with effect from 18-10-2000 and also Rs. 17,250/- towards arbitration cost and fees by an arbitration award dated 24-7-2001. It is their claim that the said debtors have not paid any amount towards the award dated 24-7-2001 to the petitioning creditor. According to the petitioning creditor, as on 10-11-2003, a sum of Rs. 14,91,615-42 was due from the debtors joi...
National Insurance Company Limited Vs. Subramani @ Mani and ors.
Court: Chennai
Decided on: Apr-18-2005
Reported in: III(2005)ACC530
P.D. Dinakaran, J.1. The above appeals are directed against the judgment and decree dated 26.03.2003 made in MACTOP Nos. 983 and 1170 of 2000 on the file of the Motor Accidents Claims Tribunal (IV Judge, Court of Small Causes) at Chennai, whereby the Tribunal has allowed the claim petitions and awarded compensation of Rs.3,00,000/- and 3,34,000/- with 9% interest from the date of the claim petition for the death of the deceased Dillibabu and Purushottaman respectively.2. According to the claimants in the respective claim petitions, who are parents of the deceased Dilli Babu and Purushottaman respectively, on 7.5.1999 at about 1 a.m. when the deceased in the respective claim petitions were travelling in a motor cycle bearing Registration No.TN-04-Y-7762 from North to South on Tiruvattiyur High Road, the lorry belonging to the third respondent bearing Registration No.TSA-220 0, which was being driven in a rash and negligent manner by its driver dashed against them, as a result, both of t...
The Managing Director, Tamilnadu State Transport Corporation Limited V ...
Court: Chennai
Decided on: Apr-18-2005
Reported in: III(2006)ACC448
P.D. Dinakaran, J.1. The appeal arises out of an judgment and decree dated 03.04.2003 made in M.A.C.T.O.P. No. 159 of 1998, whereby the Motor Accidents Claims Tribunal, Panrutti, Cuddalore District has allowed the claim petition and awarded a compensation of Rs.45,000/- (Rupees Forty five Thousand only) with interest at 9% p.a., for the injuries sustained by the respondent/claimant, in a motor accident said to have taken place on 30 .10.1997 at 12.30 hours, on the Chennai - Trichy GST Road at Pidagam Cinema Theatre. 2. According to the respondent/claimant, on 30.10.1997 at about 12.3 0 hours, when the claimant was travelling in a motor cycle as pillion rider from south to north on Chennai-Tiruchy GST Road, at Pidagam Cinema Theatre, the bus bearing Registration No. TN-21-N-0378 belonging to the appellant/Corporation, being driven in a rash and negligent manner, hit against the claimant, as a result of which the claimant sustained grievous injuries.3. A claim petition in M.C.O.P. No. 15...
Tamil Nadu Civil Supplies Corporation Limited Through Senior Regional ...
Court: Chennai
Decided on: Apr-18-2005
Reported in: 2005(2)CTC516; (2005)2MLJ581
S.K. Krishnan, J.1. Aggrieved by the judgment and decree passed by the learned Single Judge of this Court in C.S. No. 135 of 1988, dated 21.11.1997, the plaintiff has preferred this original side appeal.2. The case of the plaintiff, in-brief, is as follows: a. The plaintiff, which is a Corporation, instituted the suit against the defendant for the recovery of Rs.2,47,854.80 as compensation as the defendant caused damage to the plaintiff by breaching the contract entered by the defendant with the plaintiff under Ex.A.23 on 24.12.1983 for disposing of the rice bran of both raw and boiled rice, for the quarter commencing from 1.1.1984 to 31.3.1984. b. The plaintiff called for tenders to lift the Rice Bran of raw and boiled rice for the quarter ending on 31.3.1984. Since the defendant offered the highest bid, his offer was accepted by the plaintiff and a proceedings was issued by the Senior Regional Manager on 21.1.1984 in regard thereto. c. Thereafter, the defendant requested the plaintif...
The New India Assurance Co. Ltd. Vs. Sarasu,
Court: Chennai
Decided on: Apr-18-2005
Reported in: I(2006)ACC359; 2007ACJ672; (2005)3MLJ146
P.D. Dinakaran, J.1. The insurance company is the appellant. In this appeal, the appellant has called in question the correctness of the order dated 17.11.2003 made in W.C. No. 192 of 2002 passed by the Deputy Commissioner of Labour, Salem, awarding a sum of Rs. 2,45,711/- as compensation to the respondents 1 to 3 on account of the death of one Thiru. Palaniappan, who was working as a driver of the lorry bearing Registration No. TN-28-F-2944, belonging to the fourth respondent herein. The first respondent is the wife of the deceased workman and the respondents 2 and 3 are his children.2.1. The respondents 1 to 3 had made a claim petition in W.C. No. 192 of 2002 before the Deputy Commissioner of Labour, Salem under Section 3 of the Workmens Compensation Act, 1923 (hereinafter referred to as 'the Act'), seeking compensation from the fourth respondent herein and the appellant herein, on the ground that the workman died in an accident that has occurred in the course of employment. Accordin...
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