Chennai Court August 2006 Judgments
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The Secretary, National College Vs. Dr. N. Baskaran, Reader and Head o ...
Court: Chennai
Decided on: Aug-25-2006
Reported in: (2006)4MLJ580
S. Manikumar,J.1. This Writ Appeal has been filed challenging the order of the learned single Judge, dated 24.03.2006 in W.P. No. 34327 of 2005 directing the Secretary, National College, Dindigul Road, Tiruchirapalli 620 001, the appellant herein, to make necessary application to the education department seeking permission to fill up the temporary vacancy to be caused by relieving the first respondent from the date of passing of the order. The 3rd respondent has been further directed to pass orders on the said application within a period of 10 days, keeping in view of the directions issued in the proceedings dated 11.07.1991. The appellant has also been directed to relieve the first respondent forthwith, so as to enable him to join duty in the fourth respondent University.2. The brief facts leading to the Writ Appeal are as follows:The first respondent is a Doctorate in Philosophy, working as a Reader and Head of the Department of Philosophy in the appellant college. When applications ...
Kumaran Chemicals Vs. the Executive Engineer-v, Electricity Department ...
Court: Chennai
Decided on: Aug-25-2006
Reported in: (2006)4MLJ637
ORDERPrabha Sridevan, J. 1. The petitioner was issued with a show cause notice on 08.08.2006, alleging that on 07.08.2006 when the H.T. service connection was inspected by the Asst. Engineer / Urban and the Junior Engineer / T.R. Pattinam in the presence of the petitioner's employee, malpractice's were found their as follows:a) The sealed GI pipe leading from the secondary side of the Metering cubicle to the High Tension Static Meter had been tampered with and had been opened in one of the joints to enable clandestine access to the wires connecting the secondary side to the Meter. b) A sharp pin like object had been pierced through one of the wires and using a separate wire, the sharp pin like object was found connected to the ground earth, in the Transformer structure.Since this amounted to an alternate path for the current, the respondent held that this was theft of energy, since the current actually consumed by the consumer would not be fully recorded by the meter. 2. The petitioner...
R. Aravazhi Vs. the Secretary, the Selection Committee, the Director o ...
Court: Chennai
Decided on: Aug-25-2006
Reported in: (2006)4MLJ1290
ORDERP. Sathasivam, J.1. Dr. R. Aravazhi has filed the above Writ Petition seeking for the issuance of a writ of declaration to declare that Clause 50(b) of the Prospectus issued by the first respondent for the selection of candidates for admission to the Super Speciality Courses in Tamil Nadu Government Medical Colleges for the session 2006-2007 is null and void and arbitrary and consequently direct the first respondent to select the candidate for super speciality course 'D.M. Cardiology' in the Tamil Nadu Government Medical Colleges for the session 2006-2007 without awarding any mark for their service in Primary Health Centres.2. The case of the petitioner, in brief, is stated hereunder:According to him, he belongs to a Most Backward Community and studied M.B.B.S. in Tanjore Medical College, later; he completed M.D. (General Medicine) in Madurai Medical College in March, 2001. After completing the same, he joined the medical services of the second respondent on 31.05.2001 and was pos...
G. Muthu Vs. the Management of Tamil Nadu State Transport Corporation ...
Court: Chennai
Decided on: Aug-25-2006
Reported in: (2007)ILLJ9Mad; (2006)4MLJ1669
K. Venkataraman, J.1. The writ appeal is filed against the order passed in W.P. No. 70 of 2005 dated 06.01.2005.2. The appellant in the writ appeal has filed W.P. No. 70 of 2005 for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 26.03.2002 passed by the respondent in Ref.No.Niruvagam/A4/5348/2001 discharging him from service on medical grounds and to quash the same and for a direction to reinstate him in a suitable alternative employment with pay protection, continuity of service, back wages and all other attendant benefits and for costs.3. The case of the appellant is that he joined the services of the respondent Corporation as a driver on 26.08.1993. Later his services was regularised with effect from 24.07.1994. Thereafter, he was promoted as senior driver. While he was working at Ellis Nagar Branch, the respondent Corporation by its order dated 04.02.2002 directed him to appear before the Regional Medical Board, Madurai, to as...
N. Jayamurugan Vs. Commercial Tax Officer and anr.
Court: Chennai
Decided on: Aug-24-2006
Reported in: (2008)17VST416(Mad)
ORDERK. Raviraja Pandian, J.1. The writ petition is filed seeking for the relief of issuance of a writ of certiorarified mandamus to call for the records of the first respondent in Rc. 1668/2004/A3 dated July 8, 2004 and quash the same as illegal, unlawful and unconstitutional and direct the second respondent to fix the tax liability on a right person after conducting necessary enquiry and ascertaining the facts.2. The facts of the case are:The Himalayan Lottery Centre has been inspected by the Enforcement Wing Officials, Chennai on September 8, 1986 at No. 206, Triplicane High Road, Chennai-5 and found that the said company being a dealer in the lottery tickets had not registered themselves under the Tamil Nadu General Sales Tax Act, 1959. No day to day accounts were maintained. No stock books have been maintained for the lottery tickets available. No purchase bills have been produced for the goods worth Rs. 49,541 available at the time of inspection. On the basis of the inspection re...
J. Mohana Vs. the Commissioner of Police and ors.
Court: Chennai
Decided on: Aug-24-2006
Reported in: (2006)4MLJ525
ORDERP. Sathasivam, J.1. The petitioner by name J.Mohana, a resident of Rajaji Nagar 4th Street, Red Hills Road, Villivakkam, Chennai-49, has filed this Public Interest Litigation, seeking for the issuance of a writ of mandamus, directing respondents-1 to 4 to take appropriate and immediate action in the matter against 5th and 6th respondents as per law to control the menace of noise pollution emanating from the Evangelical Church of India at Door No. 27/152, Red Hills Road, Rajaji Nagar, Villivakkam, Chennai-49.2. In the affidavit filed in support of the above Petition, it is stated that the house of the petitioner comes within Zone No. 4 and Division/Ward No. 62 of the Corporation of Chennai and adjoining her house on the northern and eastern sides, situates the Church run by the 5th and 6th respondents. For the past one year, the sound emanating from the said Church during the time of prayer and other services has reached and surpassed unbearable proportions with the decibel levels ...
Bharat Heavy Electricals Ltd. Vs. the Esi Corporation Rep. by Its Regi ... Overruled
Court: Chennai
Decided on: Aug-24-2006
Reported in: 2006(5)CTC546; [2007(112)FLR954]; (2007)IIILLJ265Mad; (2006)4MLJ1447
ORDERElipe Dharma Rao, J.1. On an order of reference dated 11-04-2000 passed by a learned single Judge in the above writ petition, the matter is placed before us for consideration of the following issue:Whether in an enquiry initiated under Section 45-A of the Employees State Insurance Act, the contractors of the principal employer should be made as parties or not? 2. The reference arose under the following fact situation:Employees State Insurance Corporation (in short ESI Corporation') issued a notice dated 3-9-1992 to Bharat Heavy Electricals Limited (in short 'BHEL') pointing out that they had not till then paid the employer's as well as the employees' contribution as per the provisions of the Employees State Insurance Corporation Act (in short 'the Act') and that the Corporation is proposing to determine the contribution payable under Section 45-A of the Act. The notice also afforded an opportunity to BHEL to explain their stand. The notice also made clear that in the event of any ...
Consumer Action Group Rep. by Its Trustee Tara Murali Vs. the State of ...
Court: Chennai
Decided on: Aug-23-2006
Reported in: 2006(4)CTC483
ORDERA.P. Shah, C.J.1. W.P. Nos. 18898 of 2000, 19998 of 2001 and 24316 of 2002 have been filed by the Consumer Action Group challenging the constitutional validity of the amended provisions of Section 113-A of the Tamil Nadu Town and Country Planning Act, 1971, hereinafter be referred to as 'the Act' as also the Application, Assessment and Collection of Regularisation Fee (Chennai Metropolitan Area) Rules, 1999, hereinafter be referred to as 'the Rules'.2. Section 113-A was introduced through the Tamil Nadu Town and Country Planning (Amendment) Act, 1998 (Tamil Nadu Act 58 of 1998), whereby the Government is empowered, on an application being made by the person affected, to exempt any land or building developed immediately before the date of commencement of this Amending Act, from all or any of the provisions of the Act or Rules or Regulations made thereunder, by collecting regularisation fee at such rate not exceeding Rs.2,000/- per square metre. The constitutional validity of Sectio...
Krishna Reddy Vs. State and anr.
Court: Chennai
Decided on: Aug-23-2006
Reported in: 2007CriLJ1253
ORDERK.N. Basha, J.1. Mr. A. Ragunathan, learned Senior counsel for the petitioner, who is the father of the deceased in this case, submitted that the petitioner has come forward with this petition for cancellation of bail granted to the second respondent/first accused herein, who has been arrayed as A-1, out of the three accused in this case, by the Principal Sessions Judge, Pondicherry.2. The learned Senior counsel before proceeding to make his submissions, challenging the order of bail, brought to the notice of this Court in respect of the facts of the case, pointed out that this is a case of husband killing his wife and further the case is based on circumstantial evidence and there are clinching circumstances, as per the materials collected by the Investigating Agencies. The learned Senior Counsel submitted that there are seven circumstances implicating the first accused/the second respondent herein, viz.(i) Both the first accused and his wife / deceased were the residents of Hyder...
Commissioner of Income Tax Vs. Nellai Trading Automobile Agency
Court: Chennai
Decided on: Aug-23-2006
Reported in: (2006)205CTR(Mad)635; [2007]288ITR557(Mad)
P.P.S. Janarthana Raja, J. 1. The above tax case appeal is directed against the order of the Income-tax Appellate Tribunal in ITA No. 182/Mds/2004 dated 27.01.2006, raising the following substantial question of law.1. Whether in the facts and circumstances of the case, the Tribunal was right in deleting the penalty under Section 271(1)(c) when the assessee has undisputedly concealed the particulars of his income and furnished inaccurate particulars of such income?2. Whether in the facts and circumstances of the case, the Tribunal was right in holding that the explanation that the stock received in March were not included in their inventory as they remained unpacked is sufficient to avoid penal action Under Section 271(1)(c)?2.1. The revenue is the appellant. The relevant assessment year is 1996-97 and the corresponding year ended on 31.3.1996. The assessee is a firm engaged in the business of dealership in motor cycles, mopedes and spares of TVS Suzuki Ltd. The assessee filed its retur...
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