Chennai Court November 2007 Judgments

Shri. C.V. Sunny, Prop. Pavizham Vs. the Asst. Commissioner of

Court: Income Tax Appellate Tribunal ITAT Chennai

1. This appeal by the assessee is directed against the order of the Learned Commissioner of Income-tax (Appeals) dated 29.08.2005. Ground No. 1: The CIT(Appeals) is not correct in upholding the assessment order passed Under Section 143(3) r.w. Section 158BC which is opposed to law, facts and circumstances of the case. Ground No. 2: The CIT(Appeals) is not correct in stating at para 2.6 "The first , third and the fourth grounds are general in nature for which no separate discussion is called for".Since these two grounds were not pressed at the time of hearing, they are dismissed accordingly and an endorsement has been made in the file by the assessee in this regard. (i) The CIT (Appeals) is not correct in coming to the conclusion that AO was justified in resorting to the estimation of undisclosed income for all the years falling in the block period. (ii)When the assessee himself had already disclosed income prior to search towards profits earned over and above the book profit for asses...

M. Rani Munirathinam Vs. the State of Tamil Nadu Rep. by Secretary to ...

Court: Chennai

Reported in: (2008)1MLJ532

ORDERP. Jyothimani, J.1. The writ petition challenges the G.O.(D) No. 426, Municipal Administration and Water Supply (TP2) Department, dated 12.9.2007 passed by the first respondent. By the said impugned Order, the Government by exercise of its power under Section 40-A of the Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the 'Act') and accepting the resolution passed by the Councillors of Pallipattu Town Panchayat by way of 'No Confidence Motion' against the petitioner, being the President directs the removal of the writ petitioner as Chairman of Pallipattu Town Panchayat, Tiruvellur District from the office of the Chairman of the said Town Panchayat. Originally the petitioner was elected as a Ward Councillor of No.1, Pallipattu Town Panchayat and thereafter, she was elected by majority of ward members as Town Panchayat President, which was allowed for ladies quota on 28.10.2006. There are totally 15 members in the Town Panchayat.2. It is the case of the peti...

Jaleel Ramjan Sha Vs. State Represented by Inspector of Police

Court: Chennai

Reported in: 2008(1)CTC619

S. Palanivelu, J.1. This revision is filed against the order, dated 14.08.2007, passed in Crl.M.P. No. 80 of 2007 in S.C. No. 140 of 2006 by the I Additional Sessions Judge, Krishnagiri, whereby the prayer of the petitioner for recalling the P.T. Warrant and releasing him from judicial custody and also for setting aside the remand order was rejected.2. The facts in a nutshell are as under:2.1. On 06.07.2002, at about 08.20 p.m., at T.Nagar, Chennai Thiyagaraja Road, in front of Andhra Bank, one advocate, by name, Madanagopal was brutally shot dead by the accused by name Iqbal Mansuri from Madhya Pradesh, in pursuance of a conspiracy among the accused involved in the case. The said advocate was stated to have been defending the offenders, who were booked under the N.D.P.S. Act, in Madhya Pradesh. Totally, seven accused were on the array, who were reported to have hatched a conspiracy to physically eliminate the said Madanagopal. The present petitioner was originally ranked as third accu...

Fareeda Textiles Rep. by Its Managing Partner, Mr. Mohammed Rafee Vs. ...

Court: Chennai

Reported in: IV(2008)BC411; 2008(3)CTC416

ORDERM. Venugopal, J.1. Heard the learned Counsel for the petitioner/defendant in both the revision petitions.2. The petitioner in both these revisions is the defendant in O.S. No. 493/2003 on the file of VII Assistant Judge, City Civil Court, Chennai. The respondent herein is the plaintiff in the suit.3. The respondent herein has laid a suit for recovery of Rs. 1,51,636.86 with future interest from the revision petitioner/defendant in regard to the supply of textile goods. The suit was posted for filing written statement on 14.10.2003 and no written statement was filed.4. It is represented by the learned Counsel for the revision petitioner that the case was not there in the cause list of the Court prepared and pasted in Court Hall of the trial Court and subsequently at the instance of respondent/plaintiff's counsel the bundle was taken up for hearing and at that point of time there was no representation on the side of the revision petitioner/defendant and the Trial Court was forced to...

Chitrapandi Vs. Janakaraj,

Court: Chennai

Reported in: 2008CriLJ1087

ORDERS. Palanivelu, J.1. This petition has been filed, praying for a direction to the Court of Sessions, Magalir Neethi Mandram at Coimbatore, to take additional evidence in S.C. No. 311 of 2003.2. Revision petitioner is father of the deceased Maheswari. The deceased Maheswari was married off to first accused on 26.02.2001 and they were living with second and third accused, who are parents of first accused, as a joint family in Manupatti Village.3. It is alleged that due to the cruelty perpetrated by all the accused on Maheswari and demand of dowry in question to the tune of Rs. 3.00 lakhs and to get a separate house from her parents, there were some misunderstandings among Maheswari and accused 1 to 3. It is further stated that on 09.01.2003 at about 09.00 a.m., the deceased consumed two packets of chemical poison called 'Sani Powder' with an intent to commit suicide and she was admitted to Government Hospital, Udumalpet, where she breathed her last. Post-mortem examination was conduc...

Pudukottai Central Co-operative Bank Ltd. Rep. by Its Special Officer ...

Court: Chennai

Reported in: (2008)ILLJ588Mad; (2008)3MLJ456

S. Palanivelu, J.1. These appeals have been filed, one by the management and the other by the workman, against the order, dated 24.06.2003, made in W.P. No. 5544 of 1995, whereby the writ petitioner/workman was directed to be reinstated in service with continuity of service, but without back wages.2. For the sake of convenience, the litigative status of the parties is referred to as per the Writ Petition.3. Petitioner joined the services of the respondent bank in 1970 as a Junior Supervisor. In 1978, he was dismissed from service on certain charges. In view of the settlement arrived at on 29.02.1980, which was the outcome of conciliation proceedings initiated before the Assistant Commissioner of Labour, Pudukottai, he was absorbed as a fresh entrant from 01.03.1980, as a Clerk. Ever since 1977, he was also the General Secretary of the Pudukottai Central Co-operative Bank Employees' Union, which is affiliated to A.I.B.E.A. Since he had been espousing the cause of labour community, voici...

Chairman, Tamil Nadu Electricity Board and Superintending Engineer, Ta ...

Court: Chennai

Reported in: (2008)1MLJ103

S. Tamilvanan, J.1. This appeal has been preferred against the Judgment and Decree, dated 29.07.1994 made in O.S. No. 81 of 1992 on the file of the Subordinate Court, Arni.2. The respondents/defendants are the Legal Representatives of one V.Shanmugam, who died on 27.09.1989 at about 10 a.m, while he set his feet on a severed live electric wire that had fallen on the ground in an agricultural field, belonging to one Munuswamy Naidu in S.U. Vanam, Arni Taluk and died of electrocution instantaneously. After the death of Shanmugam, it was reported to the police, FIR was registered and postmortem was also conducted. The Tahsildar, Arni issued Death Certificate, Ex.A.2 and also Legal Heirship Certificate, Ex.A.3. It is not in dispute that the first respondent is the wife and the respondents 2 and 3 are the minor children and as such they are the Legal Heirs of the deceased.3. Before the trial court, on the side of the respondents, the first respondent was examined as P.W. 1, apart from anoth...

A. Rajasingh, Vs. the Food Inspector, Lakkampatty Panchayat

Court: Chennai

Reported in: 2008CriLJ642

ORDERS. Palanivelu, J.1. This petition has been filed, praying to quash the complaint in C.C. No. 246 of 2004 on the file of Judicial Magistrate No. I, Gobichettipalayam, Erode District.2. Fourth petitioner is a manufacturer of wheat flour, under the name and style 'Naga Whole Wheat Atta'. It is stated in the petition that the product is of high quality and has earned goodwill in the market, which is known for its huge demand. The respondent filed a complaint in C.C. No. 246 of 2004, alleging that he obtained samples of fourth petitioner's product, by name, Naga Whole Wheat Atta, and despatched the same for examination to Food Analysis Laboratory, King Institute Campus, Guindy, Chennai, on 10.12.2002 and the result disclosed that there was no adulteration. However, the complaint goes to the effect that packet has been misbranded as 'Best within four months' in stead of 'Best before...months from manufacture or packaging'.3. The gravamen of the complaint is that the above said misbrandi...

Tamil Nadu State Transport Corporation (Kumbakonam Dn-ii) Ltd. Rep. by ...

Court: Chennai

Reported in: (2008)ILLJ460Mad; (2008)1MLJ694

S. Palanivelu, J.1. This appeal is filed against the order, dated 21.01.2003, made in W.P. No. 5354 of 2000, whereby the order of dismissal passed by the second appellant, dated 19.12.1998, which was confirmed by the first appellant in appeal, dated 23.10.1999, was set aside, with a direction to reinstate the respondent/writ petitioner, with all consequential benefits.2. Respondent, who filed the Writ Petition, was serving as a Driver in the second appellant Corporation. While he was driving a bus, bearing registration No. T.N.45/N/1045 along Karur-Erode main road, an accident took place near Nathamedu Junction, by a head-on collision of the bus with a tipper lorry, bearing registration No. T.N.33/Y-5006. In the gruesome accident, ten passengers, who were travelling in the bus, died and seven others were injured and both the vehicles got damaged. With regard to the accident, the Conductor of the bus, by name Murugesan, lodged a complaint with Karur Police Station in Crime No. 348 of 19...

Skins Tane Co. Rep. by Its Partners and A.M. Abdul Khader Vs. Central ...

Court: Chennai

Reported in: (2008)1MLJ483

C. Nagappan, J.1. The unsuccessful defendants 1 and 3 have preferred this appeal against the judgment and decree dated 25.4.1994 made in O.S. No. 11102 of 1988 on the file of 18th Assistant Judge, City Civil Court, Madras.2. The respondent herein filed the suit seeking for a judgment and decree directing the defendants to pay the plaintiff a sum of Rs. 70,459.92/- with interest at the rate of 16.5% per annum from the date of plaint till the date of realisation and for costs of the suit.The case of the plaintiff is that the first defendant is a partnership Firm and defendants 2 to 7 are its partners and the first defendant opened a current account with the plaintiff on 12.9.1987 in respect of its leather business and it was regularly issuing cheques to various parties and the plaintiff has been honouring those cheques and the first defendant issued three consecutive cheques all dated 20.11.1987 for Rs. 29,789/-; Rs. 334/- and Rs. 75,000/- respectively and all the three cheques were draw...