Chennai Court February 2007 Judgments
Vantage Leathers India (P) Limited Vs. the Secretary, Tamilnadu Sales ...
Court: Chennai
Decided on: Feb-22-2007
Reported in: (2007)8VST412(Mad)
ORDERK. Raviraja Pandian, J.1. The petitioner is a manufacturer and seller of leather garments. For the assessment year 1992-93, the petitioner reported a total and taxable turnover of Rs. 4,74,80,849/- and Rs. 25,87,939/- respectively. The said turnover included the turnover relating to the sale proceeds of REP licenses. Though in the total turnover, the said proceeds has been shown, it was not reported as a taxable turnover and tax paid since at the time of filing of the monthly returns for the assessment year 1992-93 it was uncertain whether the turnover of sale of REP licenses is taxable. The issue has been decided by the Division Bench of this Court in the case of P.S. Apparels v. Deputy Commercial Tax Officer, T. Nagar East Assessment Circle, Madras reported in (1994) 94 STC 139 dated 4.4.1994 confirmed by the Supreme Court in the case of Vikas Sales Corporation and Anr. v. Commissioner of Commercial Taxes and Anr. reported in (1996) 102 STC 106 dated 1.5.1996. The second respond...
Tag this Judgment!Muniammal and ors. Vs. Behtania Residents Welfare Society, Rep. by Its ...
Court: Chennai
Decided on: Feb-22-2007
Reported in: 2007(3)CTC725
ORDERR. Banumathi, J.1. This revision is directed against the Order in E.P. No. 87/1993 in O.S. No. 214/1984 [dated 17.09.1996], ordering execution of the Sale Deed in favour of Respondent/Decree-Holder Society.2. Suit for Specific Performance and Decree passed thereon, had been subject matter of several rounds of litigation for more than two decades. Necessary facts for disposal of this Revision Petition are as follows:2.1. Revision Petitioners are legal heirs of one Govindasami. The said Govindasami entered into an Agreement of Sale to sell his lands measuring 1.13 acres in S. No. 166/2 situated in Valasaravakkam Village, Saidapet Taluk to Bethania Residents Welfare Society, represented by its President Jayavelu and Secretary Arul Sekar, under the Agreement dated 23.09.1979. Since Govindasami failed to execute the Sale Deed, Society filed a suit in O.S. No. 214/ 1984 for Specific Performance of Contract of sale on the file of Sub Court, Poonamallee and the same was decreed in favour ...
Tag this Judgment!Tvl Ragam Polymers Vs. Commercial Tax Officer
Court: Chennai
Decided on: Feb-22-2007
Reported in: (2008)12VST43(Mad)
ORDERK. Raviraja Pandian, J.1. The petitioner filed O.P. No. 1260 of 2003 before the Tribunal praying to quash the order of assessment passed by the respondent in TNGST No. 126868/93-94 dated 30-9-2003 consequent to the remand order of the Appellate Assistant Commissioner (CT)-IV, Chennai passed in petitioner's Appeal in AP. No. 312 of 1999 dated 17-7-2001 as violative of the principles of natural justice and against the provisions of the TNGST Act since the same has been passed without issuing a notice and without following the directions of the Appellate Authority issued in the petitioner's aforesaid Appeal which is binding on the respondent herein.2. The facts, in short, are:For the assessment year 1993-94 the petitioner was originally assessed, on the basis of the returns filed and books of accounts produced, in the year 1996. Later on, on the basis of the inspection report of the Enforcement wing officials (D3 proposals) the respondent revised the order of assessment for the asses...
Tag this Judgment!National Insurance Co. Limited Vs. K. Ellammal and ors.
Court: Chennai
Decided on: Feb-22-2007
Reported in: II(2007)ACC551
P.D. Dinakaran, J.1. The above appeals are directed against the common order dated 15.4.2002 made in M.C.O.P. Nos. 3087, 3274, 3091, 3291, 4396, 3535, 3914, 3093, 3089, 3088, 3092, 3090, 3534 and 3536 of 1998 on the file of Motor Accident Claims Tribunal (VI Judge, Court of Small Causes), Chennai.2. Brief facts leading to the filing of these appeals are that on 10.2.1998 at 7.30 a.m. while the first respondent/claimant in all these matters were travelling in a mini lorry bearing Registration No. TN-04-Z-7117 along with their goods from Koyambedu Market to Ponneri the driver of the said lorry driven it in a very rash and negligent manner As a result, the lorry capsized, all of them fell down and sustained grievous injuries. They had filed claim petitions seeking compensation from the owner of the said mini lorry and the insurance company. The Tribunal held that as the driver of the said mini lorry applied sudden brake, the accident took place and the lorry capsized, as a result of which...
Tag this Judgment!E. Sekar Vs. Sampath Rajkumar
Court: Chennai
Decided on: Feb-21-2007
Reported in: (2007)0MLJ0; 2007(34)PTC0(Mad)
ORDERR. Banumathi, J.1. Aggrieved by the concurrent findings of Rent Control Authorities ordering eviction on the ground of wilful default, the Tenant has preferred this revision.2. Relevant facts in nutshell for disposal of this revision are as follows:2.1.The demised premises is a portion at No. 4/3, Karaneeswarar Koil Street, 2nd Lane, Mylapore, Chennai-4, rented for residential purposes on a monthly rent of Rs. 25/-. The Tenant is a chronic defaulter and he was sending rents only by Money Order. Rent was paid upto July, 1989 and Tenant has committed default from August 1999 to February 2003, amounting to Rs. 1,075/-. The Landlord filed Eviction Petition on the ground of wilful default. 2.2. The Tenant has resisted the Eviction Petition contending that he was sending rent at Rs. 25/- per month by money order and the Landlord was accepting the same but the Landlord claimed rent at Rs. 90/-. Earlier Landlord filed RCOP No. 3063/1994 for additional accommodation and the said RCOP was d...
Tag this Judgment!United India Insurance Company Ltd. Vs. Sulochana,
Court: Chennai
Decided on: Feb-21-2007
Reported in: 2008ACJ1818
Chitra Venkataraman, J.1. This is an appeal by the Insurance Company against the order of the Tribunal questioning the liability to pay the compensation. There is a Cross Objection also by the claimants seeking enhancement of the compensation.2. It is seen that the accident occurred on 9.10.1995 at 4.00 a.m., resulting in the death of the motor cyclist Sekar. The claimants are the wife, mother and the minor child of the deceased. The deceased was stated to be 40 years old at the time of the accident. The claimants made a claim petition for a sum of Rs. 25,00,000/-. The Tribunal found that the accident was due to the negligent driving of the van driver. On the basis of the evidence of P.W.2, the eye-witness, and in the absence of any evidence to the contrary, the Tribunal fastened the liability on the first respondent, who was insured with the second respondent/appellant herein. The Tribunal noted that the deceased was a Lecturer in the Arignar Anna Arts College and fixed the compensati...
Tag this Judgment!E.G. Ravi Vs. Jayashree
Court: Chennai
Decided on: Feb-21-2007
Reported in: I(2007)DMC878
P.D. Dinakaran, J.1. The above appeal is directed against the order dated 30.10.1998 passed in H.M.O.P. No. 174 of 1995 on the file of Family Court, Coimbatore wherein the petition filed by the petitioner/appellant herein to declare his marriage with the respondent-wife under Section 12(1)(a) of the Hindu Marriage Act was dismissed.2. The facts, in brief, are as follows:The marriage of the petitioner husband with the respondent wife was solemnised on 28.7.1993 at Tirukoilur in accordance with Hindu rites and customs. The marriage was not consummated and the respondent wife herself revealed that she is unfit for sexual acts. The petitioner was prepared to take her to the doctor, but the respondent wife rejected the same. The petitioner had a house for rent and they lived separately in spite of which the respondent did not change her attitude. Originally the respondent wife volunteered for annulment of marriage. Even in the negotiation, it was agreed to file a joint petition for divorce....
Tag this Judgment!Mohammed Thaiyub Vs. Abdul Rasheed and ors.
Court: Chennai
Decided on: Feb-21-2007
Reported in: (2008)2MLJ838
ORDERS. Ashok Kumar, J. 1. Aggrieved over the fair and decreetal orders passed in I.A. No. 414 of 2005 in O.S. No. 217 of 2001 dated 12.4.2006 on the file of the Court of District Munsif-cum-Judicial Magistrate Court, Kattumannar Koil, the civil revision petition is filed.2. Brief facts of the case are as follows:The petitioner is the plaintiff, who filed a suit for permanent injunction restraining the defendants from interfering with the plaintiff's possession and enjoyment of the suit property. In the said suit three advocate commissioners were appointed and they had filed their reports. The respondents/defendants have filed an application in I.A. No. 414 of 2005 to scrap the reports filed by the earlier commissioners and appoint a fresh commissioner to measure the property and note down the physical features of the suit properties and to submit his report. Though the earlier reports were not scraped, the learned District Munsif-cum-Judicial Magistrate, Kattumannar Koil allowed the s...
Tag this Judgment!R.P. Jayakumar Vs. R. Jayanthi
Court: Chennai
Decided on: Feb-21-2007
Reported in: II(2007)DMC163
1.This appeal is by the petitioner who sought an order of dissolution of the marriage between the appellant and the respondent, and for granting a decree of divorce under Section 13(1)(i-b) of the Hindu Marriage Act, 1955.2. It is seen that the marriage between the appellant and the respondent was solemnized according to the Hindu rites on 17.1.1994. The parties herein lived together till March 1994. It is stated that even during that period, there was no compatibility between them; that in the meanwhile, the respondent conceived and thereafter moved to her parents' house where she delivered a female child on 18.10.1994. He stated that he had not met the respondent wife thereafterwards for the past six years and the marriage had broken totally. The appellant alleged that the respondent had deserted the appellant and he had offered to take custody of the daughter, to which the respondent refused. Since there was no chance of settling the differences between the parties, the appellant ha...
Tag this Judgment!Azalea Veronica Vs. State Rep. by Inspector of Police
Court: Chennai
Decided on: Feb-21-2007
Reported in: 2007CriLJ3038
ORDERK.N. Basha, J.1. Learned Counsel for the petitioner submits that the petitioner has come forward with this petition seeking the relief of quashing the first information report in Crime No. 81 of 2003 on the file of the respondent police dated 07.06.2003, pending investigation.2. Learned Counsel for the petitioner submits that the petitioner is said to have left Chennai on 04.06.2003 to reach U.S. on 06.06.2003 and the petitioner was deported to Chennai on the ground that she has gone to U.S.A. on a forged visa. It is also submitted by the learned Counsel for the petitioner that the complaint was given by the Senior Immigration Officer to the respondent police and the respondent police, in turn, registered a case against the petitioner under Section 12(1)(b) of the Passport Act.3. Learned Counsel for the petitioner submits that this petition for quashing is filed on legal ground that as per Section 167(5) Cr.P.C., the investigating agency could have completed the investigation with...
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