Chennai Court January 2006 Judgments
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State of Tamil Nadu, Represented by Secretary to Government, Rural Dev ...
Court: Chennai
Decided on: Jan-06-2006
Reported in: (2006)2MLJ595
ORDERP. Sathasivam, J.1. Aggrieved by the order of Tamil Nadu Administrative Tribunal, Chennai dated 11-6-2002, made in Original Application No. 1507 of 2001, Rural Development Department, Finance Department and Director of Rural Development, Government of Tamil Nadu have preferred the above writ petition.2. Tamil Nadu Arasu Uraga Kudineer Thitta Thozhil Nutpa Min Paniyalargal Sangam, first respondent herein, through its President A.N. Angamuthu filed the above Original Application praying for direction to the respondents therein (Rural Development and Finance Department) to implement G.O.Ms. No. 511, Finance (PC) Department dated 1 -8-1992 and G.O.Ms. No. 468, Finance (Pay Cell) Department dated 31-8-1998 in order to revise the pay scale of the members of the applicant based on their representation submitted from the year 1994 onwards and also on 19-10-2000 to enable them to receive all consequential monetary benefits (vide amended prayer in O.A. No. 1507/2001). According to the membe...
M. Kulam Mohamed Vs. the General Manager, Southern Railway,
Court: Chennai
Decided on: Jan-06-2006
Reported in: (2006)IILLJ642Mad; (2006)1MLJ408
ORDERP. Sathasivam, J.1. The petitioner by name M. Kulam Mohamed challenges the order of the Central Administrative Tribunal, Madras Bench dated 30.09.2002 made in Original Application No. 695 of 2001 and as a consequential relief he seeks direction to respondents 1 and 2 to reinstate him in service with all attendant benefits.2. According to the petitioner, he joined the services of the Indian Railways in April 1977 as Ticket Collector. On 08.07.2000, he was promoted to the post of Chief Travelling Ticket Inspector Grade II. On 16.09.2000, he took up the examination for further promotion to the post of Assistant Commercial Manager. While so, on 26.09.2000, he received an order of dismissal dated 12.09.2000, stating that the President of India was purportedly satisfied on the basis of information available that his activities were such as to warrant his dismissal from service and that was not expedient to hold an enquiry in the interest of the security of the State as per Sub-clause ( ...
Gandhi Vs. Saminatha Gounder and anr.
Court: Chennai
Decided on: Jan-06-2006
Reported in: AIR2006Mad155
ORDERP. Jyothimani, J.1. The first defendant in the suit has filed the present second appeal. The first respondent herein, as the plaintiff, has filed the suit for partition and possession. The first defendant/appellant herein has defended the suit on various grounds, including ouster in respect of right of using a well. The first defendant has also filed his additional written statement to the effect that the suit is bad for partial partition for the reason that when the plaintiff in his evidence has admitted that the jewel called 'Kasu Malai' being 15 sovereigns was available, which was the subject matter of a panchayat, the non-inclusion of such a valuable jewel belonging to the family will be fatal to the suit for partition. The Trial Court, having held that in the third item of the suit property, namely the well, the plaintiff has a right of partition since he is deemed to have been in constructive possession thereof, came to the conclusion that the plaintiff is not entitled to th...
Viswapriya Financial Services and Securities Limited, Rep. by Its Dire ...
Court: Chennai
Decided on: Jan-05-2006
Reported in: (2006)1MLJ202; [2006]68SCL521(Mad)
M. Karpagavinayagam, J.1. M/s.Viswapriya Financial Services and Securities Limited, Chennai, a Non-Banking Financial Company obtained a Certificate of Registration from the Reserve Bank of India in the year 1998. The said certificate had been cancelled by the order dated 6.8.2005 by RBI. 2. Questioning the said order, the petitioner filed the writ petition raising various issues. The learned single Judge ultimately, dismissed the petition directing to avail the alternative remedy available under Sub-section (7) of Section 45-IA of the Reserve Bank of India Act, 1934 (hereinafter referred to as 'the Act'. 3. Hence, this writ appeal.4. The main grounds urged on behalf of the petitioner are three-fold:(1) When a Certificate of Registration is cancelled by the Reserve Bank as per the first proviso to Sub-section (6) of Section 45IA, prior opportunity ought to have been given by sending a rectification notice for taking necessary steps to comply with the provisions or conditions. No such op...
Balamurugan Vs. State by Inspector of Police
Court: Chennai
Decided on: Jan-05-2006
Reported in: 2006CriLJ1214
N. Paul Vasanthakumar, J.1. The first accused in S.C. No. 157 of 2001 on the file of Principal Sessions Court, Villupuram, challenges his conviction under Section 302 I.P.C. and the sentence of imprisonment for life and fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for six months, imposed on him, by judgment dated 19.12.2002.2. To prove its case, the prosecution examined PW-1 to PW-14, marked Exs.P-1 to P-18 and produced Mo-1 to MO-10 series.3. The case of the prosecution as could be seen from the oral and documentary evidence is briefly narratted as follows:(a) The deceased Kala is the wife of A-1 Balamurugan. A-2 Muniyammal is the mother of A-1. A-3 Iyappan is the son-in-law of A-2. PW-1 Saradambal and PW-2 Vijaya are mother and elder sister of the deceased Kala respectively. PW-4 Raji is the husband of PW-2.(b) The marriage between A-1 and the deceased Kala was a love marriage. The second and third accused had been insisting the first accused for second marriage w...
Sahu Cylinders and Udyog (P.) Ltd. Vs. Registrar of Companies
Court: Chennai
Decided on: Jan-05-2006
Reported in: 80(2007)ACC37
F.M. Ibrahim Kalifulla, J.1. This appeal has been preferred as against the order of the Company Law Board, dated 16-5-1997, passed in Company Petition No. 134/80-A/SRB/97 - Sahu Cylinders & Udyog (P.) Ltd., In re [1998] 91 Comp. Cas. 381 : [1997] 13 SCL 24 (CLB - Chennai).2. The brief facts which are required to be stated are that the appellant-company, which is a private limited company, issued and allotted 18,000 irredeemable preference shares to one shareholder other than redeemable preference shares as on 6-8-1983. Subsequently, another 2,700 irredeemable preference shares other than redeemable preference shares came to be allotted to five shareholders on 14-12-1985. Section 80A came to be introduced by the Companies (Amendment) Act, 1988, with effect from 15-6-1988. The said section stipulated that all irredeemable preference shares should be redeemed by the company within a period not exceeding five years from the date of commencement of the Companies (Amendment) Act, 1988, and i...
Vardhaman Trade Links Vs. Tamil Nadu Taxation Special Tribunal and ors ...
Court: Chennai
Decided on: Jan-05-2006
Reported in: (2008)14VST495(Mad)
ORDERK. Raviraja Pandian, J.1. This writ petition has been filed against the order dated February 16, 2004 made in O.P. No. 440 of 2003. The petitioner is a registered dealer under the Tamil Nadu General Sales Tax Act, 1959 and doing business of importing and trading textile fabrics, which are coated and known commercially as man-made textiles, PVC coated fabric and flocking fabric PVC coated. The said goods are classified for the purpose of payment of duty on such imports as textiles under entry 59.03 of the customs tariff falling under the heading textiles fabrics impregnated and coating covered or laminated with plastics other than those of heading 59.02. The relevant entry 59.03 reads as follows:59.03 Textile fabrics, impregnated, coated, covered or laminated with plastics, other than those of heading No.59.02.2. It is the case of the petitioner that the petitioner paid the customs duty as provided under the relevant customs tariff applicable at the time of import and in addition t...
Commissioner of Income-tax Vs. Ignifluid Boilers (i) Ltd.
Court: Chennai
Decided on: Jan-05-2006
Reported in: (2006)203CTR(Mad)458
K. Raviraja Pandian, J. 1. This appeal has been filed by formulating the following substantial question of law for our consideration : Whether, on the facts and circumstances of the case, the Tribunal was right in holding that moneys retained by the contractors, as a percentage of the bills raised to be paid after the contract is completed is to be treated as income only when the moneys are actually received, even though the appellant is following a mercantile system of accounting 2. The appellant is the industrial company carrying on the business of erection and sales of boilers. In the returns, the assessee worked out the profit before taxation at Rs. 82,43,982. As per the contract, the assessee entered into a contract with M/s. Sirpur Paper Mills for erection of boilers wherein there is a specific clause that 10 per cent. of the contract price would be retained by the principal contractor and it would be paid after one month subject to the satisfactory performance of the boilers. Th...
Murugesan Vs. the Manager, R.C. Schools,
Court: Chennai
Decided on: Jan-04-2006
Reported in: 2006(1)CTC263; [2006(109)FLR433]
ORDERP. Jyothimani, J.1. This writ petition is filed challenging the order of the first respondent dated 29.05.1998 terminating the petitioner's services and also for a direction to reinstate him with backwages, continuity of service and other benefits.2. The case of the petitioner is that he joined as a regular Secondary Grade Teacher in the Tuticorin Diocese on 18.10.1973, having worked for three years prior to the said date as a substituted teacher under various schools within the control of the Diocese. The Diocese is having 122 Primary Schools, 70 Middle Schools, 8 High Schools and 1 6 Higher Secondary Schools in Tuticorin, Tirunelveli and Kanyakumari Districts and all the Schools are aided by the Government of Tamil Nadu and the Schools are governed by the provisions of c Act, 1973 and Rules made thereunder. It is the further case of the petitioner that he was awarded Selection Grade on completion of 10 years and Special Grade after completion of 20 years of service and he has pu...
D. Raju @ Munusamy Vs. Pondicherry Engineering College Rep. by Its Pri ...
Court: Chennai
Decided on: Jan-04-2006
Reported in: (2006)1MLJ403
ORDERP. Jyothimani, J.1. W.P. No. 9983 of 2000 is filed challenging the order of the first respondent, the Principal, Pondichery Engineering College, dated 30.7.1996 and for a direction to issue fresh seniority list by placing the petitioner as No. 2 in the seniority list and above the second respondent.2. Pending the above writ petition, since the second respondent was further promoted as Assistant Librarian from the post of Library Assistant, the petitioner filed the subsequent writ petition No. 784 of 2003 challenging the order of the first respondent dated 28.11.2002, in which the second respondent was promoted to the post of Assistant Librarian and also for a direction to consider the petitioner to be promoted as Assistant Librarian with effect from 31.10.2002.3. The case of the petitioner is that, he had joined in the first respondent College as an Attender on 13.1.1987, in which post, he was regularised on 1.9.1989. The said post is stated to be Group 'D' post. Subsequently, the...
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