Chennai Court March 2006 Judgments
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A. Kannivel Chettiar Vs. M.K. Govindaraja Mudaliar
Court: Chennai
Decided on: Mar-29-2006
Reported in: AIR2006Mad208; II(2007)BC708; 2006(3)CTC23; (2006)2MLJ405
A. Kulasekaran, J.1. The unsuccessful defendant, who lost the case before the courts below, is the appellant herein. The respondent herein has filed a suit in O.S. No. 179 of 1997 for recovery of Rs.50,000/- based on a pronote dated 22.10.1994 and the same was decreed. The appeal preferred by the appellant herein before the Additional District Judge, Fast Track Court No.2, Kancheepuram in A.S. No. 29 of 2002 was also dismissed, hence, the present second appeal.2. This second appeal has not been admitted and it stands at the stage of 'notice of motion' and now it is taken up for final disposal. For the sake of convenience, the parties to the proceedings shall be referred according to their rank in this second appeal.3. The case of the respondent herein is that the appellant borrowed a sum of Rs.50,000/- from him and executed a pronote, Ex.A2 dated 22.10.1994, agreeing to repay the said amount with interest at the rate of 36% per annum. The said amount was paid by way of cash by the resp...
K. Muniasamythevar Vs. Dy. Superintendent of Police and anr.
Court: Chennai
Decided on: Mar-29-2006
Reported in: AIR2006Mad255
ORDERR. Banumathi, J.1. The petitioner seeks for a Writ of Mandamus forbearing the Respondents from interfering with the conducting of Bullock Cart Race in connection with the 'Maha Kumbhabishegam' Festival of Sree Nondi Karuppanasamy, Sree Ayyanar, Sree Peria Karuppanasamy, Sree Muneeswarar Kovil, Thaniankoottam Village, Kadaladi Taluk, Ramanathapuram District.2. Case of the petitioner could briefly be stated thus:The petitioner is the Vice President of Karisalkulam Panchayat in Ramanathapuram District. It is stated that in Sree Nondi Karuppanasamy, Sree Ayyanar, Sree Peria Karuppanasamy, Sree Muneeswarar Kovil, Temple, 'Maha Kumbhabishegam' Festival is conducted and the two days Festival is scheduled on 3-4-2006 and 4-4-2006. Village people are said to have arranged for a Bullock Cart Race (Rekla Race) in connection with the 'Maha Kumbhabishegam'. 3. According to the petitioner, the Rekla Race is customary and hereditary function and has deep rooted religious sentiments. The Bullock ...
T. Jagadeesan Vs. the Director General, Central Industrial Security Fo ...
Court: Chennai
Decided on: Mar-28-2006
Reported in: (2006)2MLJ140
ORDERN. Paul Vasanthakumar, J.1. In this writ petition, petitioner challenges the transfer order issued by the 4th respondent in his office memorandum No. E.38014(1)/1/ 2 006/Adm/302, dated 21.2.2006.2. Petitioner is working as Head Constable in Central Industrial Security Force Unit, Trichy Airport. By the impugned order, he has been transferred to Imphal, Manipur, on the ground of reduction of strength. The ground of attack raised in the affidavit is that the petitioner has got two sons and his first son is studying B.E. Degree course in a private Engineering College, Thackalay, Kanyakumari District and his second son is studying in 11th standard in a school at Nagercoil, Kanyakumari District. According to the petitioner, the first respondent issued circular on 30.10.2005, wherein it is stated that the persons having children studying in 9th and 11th standard during the current academic year 2005-006, are earmarked as affected persons and in para 4 of the circular it is further state...
Selvi. R. Anbarasi Vs. the Chief Engineer (Personnel), Tamil Nadu Elec ...
Court: Chennai
Decided on: Mar-28-2006
Reported in: (2006)2MLJ200
ORDERN. Paul Vasanthakumar, J.1. The prayer in this writ petition is to issue a writ of certiorarified mandamus calling for the records relating to the orders passed by the second respondent dated 17.10.2004 and quash the same and consequently direct the respondents to provide compassionate appointment to a suitable post to the petitioner.2. The brief facts necessary for the disposal of this writ petition is that the petitioner's father, named S. Rajendran was employed as helper in the respondent Board and he died on 27.09.1996 by an accident while in service leaving behind the legal heirs, namely, the wife, three daughters, one son, mother and father. The petitioner's mother made a representation to the respondent Board requesting to provide employment assistance on compassionate ground to her. The said representation was rejected on 29.05.1998 by the second respondent on the ground that the educational qualification certificate produced by the petitioner's mother was not genuine. The...
Dr. N. Shahida Begum Vs. State of Tamil Nadu, Rep. by Its Secretary to ...
Court: Chennai
Decided on: Mar-28-2006
Reported in: (2006)2MLJ143
ORDERN. Paul Vasanthakumar, J.1. Prayer in the writ petition is to issue a writ of certiorarified mandamus calling for the records relating to the order dated 31.12.2002 and the consequential order dated 14.9.2005 passed by the second respondent and quash the same and direct the second respondent to pay the full pension and other pensionary benefits due to the petitioner.2. The brief facts necessary for disposal of the writ petition are as follows.(a) Petitioner while working as Civil Assistant Surgeon, attached to the Government Hospital, Kaveripattinam, Dharmapuri District, received a charge memo dated 21.8.1990 on the allegations that while she was working in the Government Hospital, Sendamangalam, demanded a sum of Rs. 50/- and accepted Rs. 30/- from one Perumal @ Singaram, Son of Ramasamy Gounder of Perumalpalayam for admitting her wife as an inpatient in the Government Hospital, and that demanded Rs. 50/- and accepted Rs. 30/- from one Ganesan, Son of Chinna Goundar, Muthuganapat...
The University of Madras rep. by Its Registrar Vs. Dr. MaA. Selvaraasa ...
Court: Chennai
Decided on: Mar-28-2006
Reported in: 2006(3)CTC1; (2006)3MLJ608
A.P. Shah, C.J.1. This writ appeal has been filed by the University of Madras challenging the order of the learned single Judge setting aside the order of compulsory retirement passed by the appellant University by way of punishment imposed on the respondent. 2. Briefly stated the facts leading to this appeal are as follows:The respondent was serving as a Professor in the Department of Tamil Language of the appellant University. When the appellant University created a Department of Contemporary Tamil Literature, on 11.5.1998, he was appointed as its Head. By order dated 19.11.1999 the respondent was placed under suspension for various acts of indiscipline. A charge memo was issued in respect of the misconduct committed by him. The charge against the respondent was that despite written instructions issued in Letter No. D.1(A)/TE/99/10 dated 24.2.1999 and also in the Letter No. D.1(A)/TE/99/392 dated 24.2.1999 based on the resolution of the Syndicate dated 12.2.1999, prohibiting any form...
K. Arumugam Vs. the Secretary to Government, Government of Pondicherry ...
Court: Chennai
Decided on: Mar-27-2006
Reported in: (2006)2MLJ159
ORDERN. Paul Vasanthakumar, J.1. The prayer in this writ petition is to issue a writ of certiorarified mandamus calling for the records in Ref. No. PEC/ESTT/E5/COMP.APPT/20 05/No.4776 on the file of the third respondent and quash the order dated 12.10.2005 and direct the first respondent to appoint the petitioner on compassionate grounds in Group 'D' category or any post equivalent thereto with all service benefits with effect from 14.11.2002.2. The brief facts necessary for disposal of this writ petition, as stated in the affidavit is that the second respondent is a registered Society which established the third respondent College. It is a Government College as the Society is sponsored by the Government of Pondicherry. The petitioner's father, named M. Kannappan was appointed as Helper in the second respondent College initially on daily wages from the year 1986 and subsequently absorbed in the Group 'D' category of the regular establishment of the College. The petitioner's father was ...
Marg Constructions Ltd. Vs. Deputy Commissioner of Income Tax
Court: Income Tax Appellate Tribunal ITAT Chennai
Decided on: Mar-24-2006
Reported in: (2006)102TTJ(Chennai)997
1. In this appeal, the assessee has raised two issues by way of 9 grounds. The summarised issues are as under: (1) Whether the lease transactions entered by the assessee with 6 parties are sham transactions or genuine transactions for allowance of claim depreciation in the given facts and circumstances of the case, And further whether the asset was purchased by the assessee before 31st March, 2001 and put to use (2) Whether the amount received from Das Lagerway Windfarm Ltd. (DLWL) being claimed as advance is income of the assessee for the relevant assessment year or not, in the given facts and circumstances of the case 2. For the assessee, Shri K. Ravi, the learned senior chartered accountant argued and for the Revenue, Shri Shaji P. Jacob, the learned Departmental Representative argued, 3. The assossee filed the following paper books and written submissions: (1) Paper book 1 consisting of pp. 1 to 149. In this paper book, the assessee has filed the details of lease transactions. (2)...
D.C. Mangalraj Vs. Indian Bank
Court: Chennai
Decided on: Mar-24-2006
Reported in: [2007]138CompCas525(Mad)
M. Thanikachalam, J.1. This is an application under Order XIV, Rule 8 of the original side rules read with Order IX, Rule 13 of the Code of Civil Procedure, 1908, to set aside the ex parte decree dated June 20, 2001, in C.S. No. 566 of 1993.2. The respondent Indian Bank, as plaintiff has filed the suit for recovery of a sum of Rs. 4,11,389 against the applicant/defendant and against his property also, since it appears, he had executed a mortgage deed, seeking preliminary decree, to be followed by final decree for the sale of the hypotheca.3. The records would reveal that when the suit was posted for hearing, counsel appearing for the applicant/defendant reported no instructions. Therefore, this Court setting aside the applicant/defendant ex parte, granted an ex parte decree as prayed for on June 20, 2001.4. As submitted before this court, though a preliminary decree has been passed on June 20, 2001, no final decree proceeding has been initiated, as mandated under law. However, the appl...
Arokia Raj Morais Vs. Mabia Bibia Rani Morais and ors.
Court: Chennai
Decided on: Mar-24-2006
Reported in: II(2007)DMC209; [2006(4)JCR90(Mad)]; (2006)2MLJ537
ORDERM. Thanikachalam, J.1. This is a suit filed by the husband to dissolve the marriage between himself and the first respondent on the ground of adultery, under Section 10 of the Divorce Act, 1869, hereinafter called 'the Act'.2. The marriage between the petitioner and the first respondent was solemnised on 3.5.1995 in accordance with the Christian Rites and Customs, at St. Andrews Church, Madras-600 112. After the marriage, both were living happily in the matrimonial home. At the time of the marriage, the first respondent was working as a teacher and obtaining permission from the petitioner, she continued to work as a teacher even after the marriage also.3. In the month of September 1995, the family members of the petitioner and the first respondent including the petitioner and the first respondent went to Mysore for sight-seeing, where they happened to meet a teacher of Holy Cross Convent, Villupuram, where the first respondent did her school studies. On seeing the teacher, the fir...
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