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Chennai Court October 2007 Judgments

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Oct 04 2007

The Chairman, Tamilnadu Housing Board and the Executive Engineer and A ...

Court: Chennai

Decided on: Oct-04-2007

Reported in: (2007)6MLJ419

ORDERElipe Dharma Rao, J.1. The Government of Tamil Nadu, on the request of the petitioners, issued a notification under Section 4(1) of the Land Acquisition Act, 1894 in G.O.Ms. No. 799 Housing and Urban Development, dated 13.8.1982 to acquire lands in an extent of 183.35 acres in Telngupalayam village for the purpose of construction of houses under Anna Nagar Neighbourhood Scheme. Aggrieved, W.P. Nos. 4079 of 1989 and 14235 of 1988 were filed by the respondents 1 to 15 and 1 to 9 respectively in these review applications. Though initially interim stay was granted, the same was vacated by a learned single Judge on 20.2.1994. Aggrieved, the respondents 1 to 15 and 1 to 9 in these review applications have filed W.A. Nos. 258 and 1069 of 1994 and the First Bench of this Court, while taking-up the said writ appeals along with the writ petitions, has allowed the writ petitions. The said decision of the First Bench of this Court was challenged before the Honourable Supreme Court by the peti...


Oct 04 2007

J. Sinu Simon Vs. the Debts Recovery Appellate Tribunal and

Court: Chennai

Decided on: Oct-04-2007

Reported in: 2007(5)CTC671; (2007)6MLJ503

ORDERN. Paul Vasanthakumar, J.1. Petitioner seeks to quash the order passed by the Debt Recovery Appellate Tribunal, Chennai, the first respondent herein, in IN-164/2007, against the order made in I.A. No. 207 of 2007 in O.A. No. 373 of 2003 on the file of the Debt Recovery Tribunal, Coimbatore, and to direct the first respondent to reject the application in O.A. No. 373 of 2003.2. The brief facts necessary for disposal of the writ petition as could be seen from the pleadings are as follows:(a) Petitioner borrowed overdraft machinery loan from second respondent Bank for his business purpose. Three persons, namely, C.V. Jose William, S. Mary and Benjamin Jacob have deposited the title deeds of their property as collateral security for the said loan. Petitioner has not borrowed any other loan from the second respondent, nor he stood as guarantor for any other loan with the second respondent.(b) The said three persons, who stood as Guarantors have also given guarantee for sanction of the ...


Oct 03 2007

Deputy Commissioner of Income Tax, Special Range-i Vs. Chola Textiles ...

Court: Chennai

Decided on: Oct-03-2007

Reported in: (2008)218CTR(Mad)123

K. Raviraja Pandian, J.1. The Revenue has filed this appeal against the order of the Income Tax Appellate Tribunal made in ITA. No. 1265/Mds/1993, dated 12.3.2001. The relevant assessment year is 1991-1992.2. The facts as culled out from the statement go as follows:3. We heard the argument of the learned Counsel for the Revenue and the learned Counsel for the assessee and perused the materials available on record.The assessee is a closely held company and had filed a return on 27.12.1991 declaring taxable income of Rs. 27,79,910/-. Intimation under Section 143 was given on 13.1.1992 and the same was rectified under Section 154 of the Income Tax Act on 17.3.1992. Aggrieved by the rectification, the assessee filed an appeal and the same was dismissed by the Commissioner of Income Tax (Appeals) vide order dated 9.7.1992. The assessee claimed deduction under Section 80HH at 20% and 80-I at 25% of the income returned. The Assessing Officer passed orders granting relief under Section 80I on ...


Oct 03 2007

J. Naval Kishore Vs. D. Swarna Bhadran,

Court: Chennai

Decided on: Oct-03-2007

Reported in: 2008(1)CTC97; (2007)5MLJ1417

R. Banumathi, J.1. This intra-court appeal is preferred against the Judgment and Decree in T.O.S. No. 29/1993 dated 22.12.2000, granting probate in respect of Will of late Javantharaj, in favour of Executor of the Will - Swarnabadran2. The parties are related as under:Javantharaj (23.07.1991)|------------------------------------------------------------------------| | | | | | |Champalal Mahendra Kumar Naval Kishore Parasmul Vimala Manjula Suseelagone in adoption Defendant ----------daughters---------Beneficiary3. Brief facts giving rise to this appeal are as follows:Plaintiff is a good friend of Testator Javantharaj. Javantharaj had properties and leased-hold rights in Madras City and Rajasthan and had other assets. By the suit Will, the Testator appointed the plaintiff as Executor and is said to have bequeathed his properties in favour of his last son Parasmul and grandsons - Vijayakumar S/o Mahendra Kumar, Devkiran S/o Naval Kishore and P.Prasanth Kumar S/o Parasmul. The Will had been...


Oct 01 2007

Commissioner of Income Tax Vs. Rane Brake Linings Ltd.

Court: Chennai

Decided on: Oct-01-2007

Reported in: (2008)216CTR(Mad)188

K. Raviraja Pandian, J.1. The appeal is filed by the Revenue against the order of the Tribunal, Madras 'B' Bench made in ITA No. 1346/Mad/2005 dt. 4th April, 2007. The relevant asst. yr. is 2000-01.2. The facts culminating in filing the appeal are as follows:The assessee is engaged in the manufacture of automobile ancillary products and railway brake blocks. For the asst yr. 2000-01, the AO completed the assessment on a total income of Rs. 3.70 crores. The CIT having found that the order of assessment was erroneous and prejudicial to the interest of the Revenue, as the assessee had utilised borrowed funds for investment in shares of group companies, the amount of interest paid which were claimed as a deduction, issued show-cause notice on 25th Feb., 2005 stating that the failure of the AO to look into the above aspect has resulted in an erroneous assessment prejudicial to the interest of Revenue. After giving a due opportunity to the assessee, the CIT passed a detailed order under Sect...


Oct 01 2007

B.N. Devadas Vs. University Grants Commission Rep. by Its Secretary an ...

Court: Chennai

Decided on: Oct-01-2007

Reported in: 2008(1)CTC644; (2008)3MLJ325

Acts/Rules/Orders: Andhra Pradesh (Telungana Area) Public Societies Registration Act, 1350F; Institute of Chartered Financial Analyst India University, Tripura Act, 2004; Institute of Chartered Financial Analysts of India University Sikkim Act, 2004; Institute of Chartered Financial Analysts of India University Act, 2005; University Grants Commission Act, 1956 - Sections 2, 5, 6 and 22; Maharashtra Educational Institutions (Transfer of management) Act, 1976; All India Council for Technical Education Act; National Council for Teacher Education Act; Bar Council of India Act; Private Universities Act; Companies Act, 1956 - Section 25; Constitution of India - Article 246; University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003; Chhattisgarh Niji Kshetra Vishwavidhyalaya (Sthapana Aur Viniyaman) Santhodhan Adhiniyam, 2002; Chhattisgarh Niji Kshetra Vishwavidhyalaya (Sthapana Aur Viniyaman) (Sanshodhan) Adhiniyam, 2004Cases Refer...


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