Chennai Court April 2006 Judgments
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Aoki India Limited and anr. Vs. Mira International and anr.
Court: Chennai
Decided on: Apr-06-2006
Reported in: 2006(3)ARBLR503(Madras); (2006)3MLJ411
S. Rajeswaran, J.1. This OP has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the Act') to set aside the award passed by the sole arbitrator, the 2nd respondent, dated 08.10.2003.2. The 1st petitioner was engaged in the production and export of compressed precision moulded rubber products. The 2nd respondent-arbitrator was inducted as a director in the board of the 1st petitioner. The entire unit was looked after by the 2nd respondent-arbitrator who had also appointed his brother Mr. P.V. Balakrishnan as Chief Executive Officer of the company. The 2nd respondent and the said P.V. Balakrishnan were in-charge of the day-to-day activities of the 1st petitioner-company.3. An agreement was entered into on 23.12.1998 between the petitioners and the 1st respondent towards consultancy services for the management of the production unit of the company. The petitioners incurred heavy loss in the business and the unit was closed. By notice dated 28....
Manuelmony Matriculation School, Rep. by Its Secretary Vs. the Princip ...
Court: Chennai
Decided on: Apr-05-2006
Reported in: 2006(2)CTC723; (2006)2MLJ354
ORDERN. Paul Vasanthakumar, J.1. Prayer in the writ petition is to issue a writ of declaration, declaring that the Industrial Disputes Act, 1947, is not applicable to the private schools recognised under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, by virtue of the President assent to the said Act under Article 254(2) of the Constitution of India, which overrides the labour legislations including the Industrial Disputes Act, 1947, as decided by the Apex Court and quash the same as without jurisdiction.2. The brief facts as could be seen from the affidavit are that the petitioner School is a minority unaided School, governed by the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. The second respondent was originally appointed as a Peon-cum-Messenger on temporary basis in the petitioner school and according to the management, the second respondent failed to attend duty regularly and committed many omissions and commissions. Therefore, h...
Rayala Corporation P. Ltd. Vs. Union of India (Uoi) and ors.
Court: Chennai
Decided on: Apr-05-2006
Reported in: [2007]288ITR452(Mad)
K. Mohan Ram, J.1. The prayer in the writ petition is for the issuance of a writ of declaration declaring that in the petitioner's case where an appeal I.T.A. No. 103 (Madras) of 2005 is pending under Section 253 of the Income-tax Act, 1961, before the Income-tax Appellate Tribunal, Chennai, the proviso to Section 275(1)(a) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), does not nullify the availability to the third respondent of the period of limitation of six months from the end of the month when the order of the Income-tax Appellate Tribunal, Chennai, is received by the third respondent herein.2. With the consent of both learned Counsel, the writ petition itself is taken up for final disposal.3. The facts that are necessary for the disposal of the above writ petition are set out below:4. Against the assessment order of the third respondent dated March 29, 2004, and the penalty proceedings initiated under Section 271(1)(c) of the Act, the petitioner-company has f...
Dr. T. Vijayendradas and Dr. Indira Vijayendradas Vs. M. Subramanian a ...
Court: Chennai
Decided on: Apr-05-2006
Reported in: AIR2006Mad288; 2006(3)CTC702; (2006)2MLJ362
S. Ashok Kumar, J.1. The defendants 5 and 6, husband and wife, who lost their case before the trial court and the first appellate court are the appellants herein. 2. The brief facts which led to the filing of the suit in O.S.No:1183 of 1982 on the file of the District Munsif, Coimbatore, are as follows:-The suit property in an extent of 8 cents and 116 sq.ft., within the Coimbatore Corporation limits is a house plot and the same belonged to the third defendant, Venugopal. By a registered sale deed dated 12.11.1970, the third defendant sold the suit site to the plaintiff Sakunthala for a sum of Rs.6,000/= and possession was also delivered. But the property tax arrears for two half years at Rs.67.40 per half year was in arrears payable by the vendor. Admittedly, the sale was not informed to the Municipality both by the purchaser (plaintiff) and by the vendor, the third defendant and consequently, no mutation of records was effected. A suit in O.S.No:986 of 1973 was filed by the Coimbator...
K. Palanikumar Vs. the Director General of Police,
Court: Chennai
Decided on: Apr-05-2006
Reported in: 2006(2)CTC794; (2006)2MLJ304
ORDERN. Paul Vasanthakumar, J.1. Prayer in the writ petition is to quash the punishment of removal from service issued by the original authority/4th respondent by his proceedings dated 11.5.2000, as confirmed by the appellate authority/3rd respondent by his order dated 12.6.2000 and further confirmed by the reviewing authority/2nd respondent by his order dated 20.9.2002 and by the first respondent herein in mercy petition by order dated 2.8.2003 and consequently direct the respondents to reinstate the petitioner into service with all service and monetary benefits.2.(a) The brief facts of the case are that the petitioner joined as Grade-II Constable on 24.5.1999 and he was posted at the Tamil Nadu Special Police VI-Battallion, Madurai. At the time of selection, a declaration was directed to be submitted and accordingly the petitioner on 19.2.1999 furnished the verification form (declaration) declaring that he was not involved in any criminal offence and that he correctly submitted the d...
Pushpanjali Silk Private Limited Rep. by Its Director Sanjiv Kumar Jhu ...
Court: Chennai
Decided on: Apr-05-2006
Reported in: 2006(203)ELT21(Mad)
ORDERK. Mohan Ram, J.1.Considering the narrow scope, within which the matter lies, by consent of the learned counsel for both the parties, the writ petition itself is taken up for final disposal . 2. This writ petition has been filed for the issuance of a writ of mandamus directing the third respondent to release Mulberry Raw Silk imported under Bill of Entry No.875113 dated 15.9.2005 as per Sales Contract No.IE/PSR-RS03/2005, dated 17.2.2005 in terms of the Final Order No. 174/2006 dated 20.3.2006 of the Customs, Excise and Service Tax Appellate Tribunal.3. It is the case of the petitioner that the petitioner challenged the order of the third respondent by filing an appeal before the Commissioner of Customs (Appeals), Chennai, on 30.1.2006, along with a request for earlier hearing/disposal of the appeal. The Appellate Commissioner taking into account the urgency in the matter and the various representations made in this regard by the petitioner, heard the appeal on 6.2.2006. 4. On 16....
Dxn Herbal Manufacturing India (P) Ltd. Vs. Ito and ors.
Court: Chennai
Decided on: Apr-05-2006
Reported in: (2006)204CTR(Mad)378
ORDERK. Mohan Ram, J. When WP Nos. 9539 and 9540 of 2006 came up for admission today, Mrs. P.S. Pushya Sitaraman, learned senior counsel standing counsel for the Income Tax Department took notice for the respondents 1 and 2 herein.2. Learned senior standing counsel submitted that WP No. 8619 of 2006 filed by the sixth respondent in WP Nos. 9539 and 9540 of 2006 is also connected with the above two writ petitions and in that writ petition, she had entered appearance and the same is also listed as Item No. 66 and all the writ petitions may be taken up for hearing.3. Considering the narrow scope of the issue involved in all the three writ petitions, the learned senior counsel Mr. V. Ramachandran and learned senior standing counsel for Income Tax Department submitted that the writ petitions may be taken up for final disposal and accordingly, the writ petitions are taken up for final disposal.4. The short facts that are necessary for disposal of these writ petitions as culled out from the a...
Sree Arumugam Teacher Training College Being Managed by Arumuga Mudali ...
Court: Chennai
Decided on: Apr-04-2006
Reported in: (2006)3MLJ65
ORDERD. Murugesan, J.1. As the petitioners have approached with a common grievance, all the writ petitions are taken up together for hearing and disposed by this common order.2. Sree Arumugam Teacher Training College, the petitioner in W.P.Nos.8685 & 8186 of 2006, obtained recognition from the National Council for Teacher Education on 18.11.2005 to start the Secondary (B.Ed.) Course of one year duration from the academic session 2005-2006. It also obtained the No Objection Certificate from the State Government on 23.12.2005. As the students admitted in the said college should write the examination and obtain the degrees from Thiruvalluvar University, affiliation for the course is a pre-condition for allowing the students to write the examination. Therefore, the college applied for affiliation to the respondent-University on 20.12.2004. There were exchange of communications relating to the consideration of the application for affiliation and finally the University granted its provisiona...
Kothanramappa Vs. Thimmaiah and ors.
Court: Chennai
Decided on: Apr-04-2006
Reported in: AIR2006Mad304; (2006)3MLJ82
A. Kulasekaran, J.1. The first defendant in O.S. No. 468 of 1979 before the District Munsif Court, Hosur is the appellant in this second appeal. The said suit was filed by the deceased Ramaiah for partition of the suit properties. During the pendency of the suit, the said Ramaiah died and the plaintiffs 2 to 4/respondents 1 to 3 herein were impleaded as his legal heirs.2. The trial court decreed the suit thereby allotted 8/28 shares in favour of the first plaintiff and directed the first defendant to put the plaintiffs in possession of the suit properties. On appeal, the first appellate Court confirmed the decree and judgment of the trial court and dismissed the first appeal, hence the present second appeal has been filed.3. For the sake of convenience, the parties shall hereinafter be referred to as plaintiffs and defendants as they were arrayed before the trial court.4. The suit properties were originally acquired by Chinnamunusamy through a oral sale from his brother Patha Munusamy....
S. Prema and ors. Vs. State of Tamil Nadu, Rep. by Its Secretary to Go ...
Court: Chennai
Decided on: Apr-04-2006
Reported in: (2006)2MLJ750
ORDERN. Paul Vasanthakumar, J.1. Petitioners seek to set aside the letter of the second respondent dated 24.10.1997 in this writ petition.2. The brief facts necessary for disposal of the writ petition as stated in the affidavit are that the petitioners are working as Typists and they have acquired the qualification for further promotion to the post of Assistant. When the question of promotion to the post of Assistant came up for consideration among the Junior Assistants and Typists, the Government passed orders fixing the ratio of 4:1 in G.O.Ms. No. 224 Personnel & Administrative Reforms Department, dated 8.3.1984, that is 4 posts for Junior Assistants and one post for the Typists. As objections were raised by the Typists for the said ratio, the Government stayed implementation of the said ratio. Some of the Typists filed writ petition before this Court and challenged the ratio, which was subsequently transferred to the Tamil Nadu Administrative Tribunal in T.A. No. 1449 of 1989. The s...
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