Chennai Court September 2006 Judgments
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Kamaldeep Synthetic Ltd., by Managing Director V. Nandakumar Vs. Indus ...
Court: Chennai
Decided on: Sep-08-2006
Reported in: [2007]139CompCas52(Mad); (2007)1CompLJ190(Mad)
ORDERM. Thanikachalam, J.1. By the consent of either counsel, the main writ petition itself is taken up for final disposal.2. The brief facts,leading to this writ:(a) The writ petitioner, for the purpose of manufacture and marketing of all kinds of man-made fibers in various forms, being a qualified entrepreneur, approached the respondent Bank, for term loan, in the year 1992. After much effort, financial assistance was provided to the petitioner and this petitioner also executed several documents and performed several acts, as set out in the Letter of Intent (in short LOI) dated 20.5.1993. Because of the respondents involvement, not only directing the petitioner to nominate its members, but also vetted and approved the names of independent Directors, thereby securing majority for its nominee and independent Directors, effectively and factually interfered in all the affairs of the petitioner company, resulting financial restrain to meet several commitments. The failure of the Marketing...
Bapalal and Co. Exports Vs. the Joint Commissioner of Income Tax (Osd)
Court: Chennai
Decided on: Sep-08-2006
Reported in: (2007)208CTR(Mad)330; [2007]289ITR37(Mad)
ORDERV. Dhanapalan, J.1. By consent of the learned Counsel on either side, the writ petition itself is taken up for final disposal.2. The prayer in the writ petition is for issuance of a writ of certiorari calling for the assessment order dated 31.03.2006 passed by the respondent for the assessment year 2000-2001 in PA/GI/No.21340-B/AACFB1608H and quash the same.3. The case of the petitioner in nutshell is as follows:a. The petitioner is a firm reconstituted on 21.06.1999 and it has been carrying on business in plain and studded gold and silver jewellery and articles in general and such other businesses as the partners deem fit. It is an Income Tax assessee and has been paying Income Tax to the respondent Department regularly.b. During the assessment year 2000-2001, it had conveyed one of its properties in Mumbai for a sum of Rs. 2,47,50,000/- in exchange of another property in Mumbai for a sum of Rs. 92,40,000/-. The total cost of transaction along with the cost of registration was Rs...
S. Sivakumar and ors. Vs. the Deputy Inspector of Factories, Div. No. ...
Court: Chennai
Decided on: Sep-08-2006
Reported in: (2006)IIILLJ888Mad; (2006)4MLJ1794
ORDERElipe Dharma Rao, J.1. This writ petition has been referred to us to decide the issue whether a petition under the Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act (in short 'the Act') can be filed by a dismissed employee or not. 2. The present writ petition was filed challenging the order dated 26-2-1999 passed by the first respondent authority rejecting the application filed by the Industrial Oxygen Company Employees' Union on behalf of the writ petitioners for conferment of permanent status. The writ petitioners claim that they have been working under the second respondent Management continuously for a period of more than 480 days within a period of two calender years and, therefore, they are entitled to the conferment of permanent status.3. The first respondent rejected the claim on the grounds that the writ petitioners at the relevant point of time were not in the employment of the second respondent Management and, therefore, there was no re...
The Union of India (Uoi) Rep. by Its Secretary to Government, Ministry ...
Court: Chennai
Decided on: Sep-08-2006
Reported in: 2006(4)CTC460; (2006)4MysLJ826
P.K. Misra, J.1. W.P. No. 10937/2003 and W.P. No. 11076 of 2003 have been filed for issuing writ of mandamus directing the first respondent to undertake an immediate and wholesome review of the present Coastal Regulatory Zone Classification relating to Chennai City and to declare ecologically and architecturally significant areas including the stretch on the Marina from the Santhome Church to the High Court, Madras as Coastal regulation Zone-I (CRZ-I).2. During pendency of such writ petitions, the Government took a decision not to demolish the college building and to construct the secretariat at a different place.3. While the writ petitions were pending, the Central Government amended the earlier notification relating to Coastal Regulatory Zone. Such amendment was challenged in W.P. No. 15518/2003, which was filed by the Member-Secretary, Chennai Metropolitan Development Authority. Such writ petition was entertained by a learned Single Judge and an order of interim stay of such notific...
The Chairman and Managing Director, Tamil Nadu Housing Board Vs. Pushp ...
Court: Chennai
Decided on: Sep-08-2006
Reported in: (2006)4MLJ1405
P. Sathasivam, J. 1. The Chairman and Managing Director of Tamil Nadu Housing Board, Chennai 600 035, aggrieved by the order of the learned single Judge dated 07.03.2002 passed in W.P. No. 20227 of 1994, filed the above appeal.2. For the sake of convenience, we shall refer the parties as arrayed in the writ petition.3. Questioning the land acquisition proceedings, the first respondent herein/writ petitioner, filed W.P. No. 20227 of 1994 projecting various points. The learned single Judge, after finding that the award came to be passed after expiry of two years from the date of declaration made under Section 6 of the Land Acquisition Act (in short 'the Act'), which is not permissible and that the impugned proceedings were 6th one, after unsuccessful five occasions in acquiring the land, quashed the entire land acquisition proceedings and allowed the writ petition. Questioning the same, as said earlier, the Tamil Nadu Housing Board/requisitioning body alone has filed this appeal and the ...
V.S.B. Sikkandar Vs. K.M. Khader Gani and the Tamil Nadu State Wakf Bo ...
Court: Chennai
Decided on: Sep-08-2006
Reported in: 2006(5)CTC346; (2006)4MLJ1800
P.D. Dinakaran, J.1. The appellant is the plaintiff, who laid O.S. No. 192 of 1993 before the learned Principal Sub Judge, Nagapattinam, for declaration to declare that he is the sole trustee of the Wakf, known as 'Sikkandhar Trust of Nagore'; for permanent injunction restraining the first defendant in interfering with the plaintiff's management in the Trust and for various other reliefs, on the following facts and circumstances:2.1. The plaintiff is a resident of Nagore and he hails from an affluent and pious family of Muslims. His ancestor one Sikkandhar Rowthar, who scrupulously followed the Mohammedan tenets, dedicated the suit schedule properties to a Wakf and a Wakf Deed came to be registered on 16.12.1904. The said Sikkandhar Rowthar, being the founder of the Trust, constituted himself the Wakif and in terms of the Wakf, after the lifetime of the said Sikkandhar Rowthar, his son-in-law one Yusuff Serang shall be the Wakif and after his death, a male descendant of the family woul...
Solaiappa Sami Modern Rice Mills Rep. by Its Proprietor R. Balakrishna ...
Court: Chennai
Decided on: Sep-08-2006
Reported in: (2007)1MLJ878
P.K. Misra, J.1. In this batch of writ petitions, the petitioners have challenged the right of the respondents to levy penalty for low power factor. Prayer in most of the writ petitions is for issuing mandamus forbearing respondents from levying such penalty. However, in W.P. Nos. 4939, 4940 and 1499 of 2001 a prayer has been made for quashing G.O.Ms. No. 3 Energy (A2) Department dated 7.1.2000. In W.P. Nos. 13461 and 10777 of 2005 prayer has been made for issuing a declaration that low power factor penalty may be declared as ultra vires.2. The petitioners, who have obtained service connection, have contended that levy of such penalty is illegal as such levy is not contemplated under the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948. It is submitted that under these Acts, penalty is contemplated for violation of some order but there is nothing in these Acts which authorises levy of penalty for low power factor. It is also contended that impositio...
Management of Pachamalai Estate Vs. Smt. Mani
Court: Chennai
Decided on: Sep-08-2006
Reported in: (2006)4MLJ1753
M. Jaichandren, J.1. The present Letters Patent Appeal has been filed against the order passed by the learned single Judge, dated 8.2.2002, made in C.M.A. No. 1332 of 1996.2. It is the case of the appellant/Management that the respondent in the present appeal had filed a claim petition under Section 10(1) of the Workmen's Compensation Act claiming compensation for the death of Selvan, on 18.10.1993.3. It was stated by the applicant/respondent that the deceased Selvan was employed by the respondent and on 18.10.1993, while the deceased Selvan was doing work in a drench, he had chest pain and died thereafter. The applicant/respondent is a dependant of the deceased-workman being his wife and that the monthly wages of the deceased was Rs. 1,000/- and the deceased at the time of his death was aged 45 years. The applicant claimed a lumpsum payment of Rs. 67,776/- and prayed for an appropriate award before the Commissioner for Workmen's Compensation, Coimbatore in W.C.Case No. 67 of 1994.4. T...
M. Ajmal Khan Vs. the Election Commission of India Rep. by Its Chief E ...
Court: Chennai
Decided on: Sep-07-2006
Reported in: 2006(5)CTC21; (2007)1MLJ91
ORDERA.P. Shah, C.J.1. The Election Commission of India with a view to improving the fidelity of the electoral rolls and to evolve methods to check impersonation and eradicate bogus voting decided to undertake the project of putting the photographs in the electoral roll itself so as to achieve the purpose of proper identification of the electors at the polling stations. Accordingly, the Commission during the year 2003 undertook pilot projects in two Assembly Constituencies in Kerala and two Assembly Constituencies in Harayana. In view of the encouraging results, the Commission issued a direction vide its communication dated 18.12.2003 to the Chief Electoral Officers of all the States and Union Territories. Pursuant to the directions issued from time to time in this regard the work had begun in various States for preparing electoral rolls with photographs. So far as the State of Kerala and the Union Territory of Pondicherry are concerned, the preparation of electoral rolls with photogra...
R. Kumar and ors. Vs. State of Tamil Nadu Rep. by Its Secretary to Gov ...
Court: Chennai
Decided on: Sep-07-2006
Reported in: (2007)2MLJ384
K. Chandru, J.1. The appellant in W.A. No. 1070 of 2006 had filed W.P. No. 18050 of 2005 challenging the order of the first respondent in G.O.Ms. No. 92 Highways (HW1) 25.4.2005 published in Gazette No. II(2)/HW/(340e-2)/2005 under Section 15(1) of the Tamil Nadu Highways Act, 2001 in so far as it relates to acquisition of the property of the petitioner situate at Government Manavari Survey No. 277-5 (Part) now sub-divided as 277-5B, No. 44 Kottiwakkam Village, Tambaram Taluk, Kancheepuram District, beyond 23 feet from the existing western boundary of the petitioner's land as per the sanctioned plan and master plan of the second respondent. The other five land owners, viz., the appellants in W.A. No. 1071 of 2006 have filed writ petition in W.P. No. 18051 of 2005 for similar relief. This, according to the appellants / petitioners, is that the acquisition made in respect of the land in question, and was inconsistent with the petitioners' lawful right, which had become final under the pr...
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