Chennai Court March 2007 Judgments
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Metso Minerals (Mumbai) Private Ltd. (Formerly Known as Mukund Mcnally ...
Court: Chennai
Decided on: Mar-02-2007
Reported in: (2009)20VST672(Mad)
K. Raviraja Pandian, J.1. The petitioner filed O.P. No. 841 of 2003 before the Special Tribunal praying to call for the records on the file of the first respondent in TNGST/0961395/98-99 and quash the order dated January 31, 2000 while directing the first respondent to pass a revised order by imposing 11 per cent tax under serial number 33 of Part D to the First Schedule of the Tamil Nadu General Sales Tax Act, 1959 on the cranes transferred by the petitioners to the Chennai Port Trust and grant consequential refund of tax of Rs. 1,98,53,594. O.P. No. 842 of 2003 is filed by the petitioner praying to call for the records on the file of the first respondent in L. Dis. 3040/2003 and quash the proceedings dated March 19, 2003. Those original petitions are converted to these writ petitions on being transferred to the file of this Court.2. Heard the learned Counsel and perused the materials available on record.3. The assessment order is under challenge in Writ Petition No. 35346 of 2005. Pu...
Kalaichelvi and ors. Vs. T. Elamasivan and anr.
Court: Chennai
Decided on: Mar-02-2007
Reported in: II(2007)ACC373
P.D. Dinakaran, J.1. The above appeal is directed against the award dated 27.1.2000 made in M.C.O.P. No. 219 of 1995 on the file of the Motor Accident Claims Tribunal (Sub Court), Vridhachalam.2. The claimants are the appellants. In the accident that took place on 13.7.1993, one Kasirajan, who originally filed the claim petition, suffered injuries and lost consciousness. While he was taking treatment, he died in the hospital itself on 14.10.1996. The appellant/claimants, who are his widow, children and mother claimed Rs. 3,00,000 as compensation. The Tribunal awarded a sum of Rs. 70,000 against which the present appeal has been filed by the claimants for enhancement of compensation.3. The learned Counsel for the appellants mainly argued that the Tribunal has failed to consider that the deceased was in-patient all along and the deceased was the only earning member of his family.4. Considering the evidence on record, the Tribunal fixed a sum of Rs. 18,000 as annual income of the deceased...
The Spl. Tahsildar and Land Acquisition Officer, Tamil Nadu Housing Sc ...
Court: Chennai
Decided on: Mar-02-2007
Reported in: (2007)2MLJ1085
P.D. Dinakaran, J.1. The above appeals are directed against the order dated 25.11.2003 made in LAOP Nos. 47 and 48 of 1993 on the file ofAdditional District Judge (Fast Track Court No. 4), Poonamallee.FACTS OF THE CASE2.1. The Tamil Nadu Housing Board, by its resolution No. 385 dated 29.7.1973 resolved to acquire lands for the purpose of providing housing facilities to the industrial workers in and around Ambattur area under Ambattur Neighbourhood Scheme. Accordingly, the lands of an extent of 56 cents and 115 cents located in Survey Nos. 513/2 and 566, Ambattur Village and Taluk, Tiruvallur District were acquired, pursuant to the notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') published in the Tamil Nadu Government Gazette on 12.11.1975 and enquiry under Section 5A of the Act conducted on 29.3.1976 and 30.3.1976. 2.2. After complying with the procedure contemplated under the Act and relying upon two documents even dated 22.11.1973 wit...
Amutha Metals Rep. by Its Partner Vs. the Commercial Tax Officer
Court: Chennai
Decided on: Mar-02-2007
Reported in: (2007)9VST478(Mad)
ORDERK. Raviraja Pandian, J.1. The writ petition in W.P. No. 7784 and 7785 of 2007 has been filed seeking the relief of issuance of a writ of certiorari to call for the records of the respondent in his proceedings in TNGST/1240955/2003-04, quash the assessment order dated 22.12.2005 made therein.2. The writ petition in W.P. No. 7785 of 2007 has been filed seeking the relief of issuance of a writ of certiorari to call for the records of the respondent in his proceedings in TNGST/1240955/2001-02, quash the assessment order dated 28.9.2004 made therein.3. I heard the argument of the Learned Counsel appearing on either side and perused the materials on record.4. The orders of assessment are put in issue in these writ petitions. this Court seldom interferes with the orders of assessment as there is an appellate remedy available under the statute itself. But this Court intends to interfere with the present assessment orders on the ground that there is a manifestation of carelessness and call...
Asif Akbani Vs. P.K. Mani
Court: Chennai
Decided on: Mar-02-2007
Reported in: 2007CriLJ2975
ORDERR. Regupathi, J.1. The petitioner is an accused for the offence punishable under Section 138 of the Negotiable Instruments Act. Learned XIII Metropolitan Magistrate, Egmore, Chennai has taken cognizance of the case in C.C. No. 9180 of 2003 and issued process. At this stage, the petitioner/accused has preferred the present petition to quash the proceedings. The statutory notice issued to the petitioner has been returned unserved with a postal endorsement. The learned Counsel for the petitioner contended that such a return should not be construed as deemed service and therefore, the cognizance of the case taken by the learned Magistrate is erroneous and sought to quash the proceedings.2. Per contra the learned Counsel for the respondent/complainant submits that statutory notice has been issued and since the petitioner/accused was not available in the address, it was returned with an endorsement 'addressee long absent and return to sender'. The postal endorsement has been made in the...
Network Fashions Vs. Deputy Commercial Tax Officer
Court: Chennai
Decided on: Mar-01-2007
Reported in: (2009)19VST526(Mad)
ORDERK. Raviraja Pandian, J.1. The petitioner filed O.P. No. 314 of 2004 before the Tribunal praying to call for the records of the respondent in TNGST/0181551/1996-97, set aside the impugned order dated March 20, 1998 in so far as the levy of additional sales tax on the taxable turnover reported by the petitioner for the period from August 1,1996 to March 31, 1997 as the same is against the provisions of the Tamil Nadu Additional Sales Tax Act, 1970 and beyond the taxing powers of the respondent and that original petition stands converted to this writ petition on being transferred to the file of this Court.2. The material facts, which have been stated in paragraphs Nos. 8 and 9 of the affidavit filed in support of the original petition for seeking the relief were that the respondent issued a proposal notice to levy additional sales tax on a taxable turnover of Rs. 61,72,212 after deducting Rs. 10 lakhs from the taxable turnover of Rs. 71,72,212. The petitioner approached the responden...
Contemporary Targett Prafull Pvt. Ltd. Vs. the Commercial Tax Officer
Court: Chennai
Decided on: Mar-01-2007
Reported in: (2007)8VST407(Mad)
ORDERK. Raviraja Pandian, J.1. These writ petitions have been filed praying for the issuance of a Writ of Certiorari calling for the records on the file of the respondent herein in TNGST.Asst. No. 2540693/2000-01 dated 5.11.2003; TNGST.Asst. No. 2540096/2000-01 dated 5.11.2003; TNGST.Asst. No. 2541353/1999-2000 dated 5.11.2003 and TNGST.Asst. No. 2541353/2000-01 dated 5.11.2003 and quash the same as illegal.2. The petitioners are tea brokers, auctioneers and registered dealers under the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as 'the Local Act') as well as the Central Sales Tax Act, 1956, (hereinafter referred to as 'the CST Act'). According to the petitioners, the petitioners conducted their business for and on behalf of the producers of tea and they assist the tea estate owner to sell their products and for the service rendered by the petitioners they receive their brokerage at 1% . For the respective assessment years, the activity of the petitioner has been c...
Tamil Nadu State Transport Corporation Limited Vs. Y. Ranganathan and ...
Court: Chennai
Decided on: Mar-01-2007
Reported in: II(2007)ACC519
P.D. Dinakaran, J.1. The above appeal is directed against order dated 18.8.2005 made in MCOP No. 38 of 2005 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) Erode.2. On 30.8.2001, at about 9.30 a.m., one Sivakumar was driving a Maruti van belonging to the first respondent bearing registration No. PY-01-E-4039 in Gobi-Kolappanu Road At that time, the appellant Corporation bus bearing registration No. TN-33-N-0798, which was coming in the opposite direction, dashed the Maruti van in the front side, due to which, the van got damaged and the driver also sustained injuries. The first respondent claimed a sum of Rs. 1,04,000 towards compensation for the damages of the vehicle.3. On the side of the first respondent, P.W. 1 first respondent, P.W. 2-driver of the Maruti Van, P.W. 3.-Supervisor of Krishna Automobiles, were examined and Exs. PI to P5D receipts for payment towards repair of the vehicle, Ex. P6 receipt for payment of surveyor charges, Ex. P7 FIR copy, E...
iadayam Investments Rep. by Its Managaing Partner S.N. Sankaranarayana ...
Court: Chennai
Decided on: Mar-01-2007
Reported in: II(2007)BC402
A.C. Arumugaperumal Adityan, J.1. This appeal has been preferred against Judgment in STC. No. 1240 of 1997 on the file of the Court of Judicial Magistrate No. V, Coimbatore. The complainant has preferred a private complaint under Section 200 of Cr.P.C for offence under Section 138 of Negotiable Instrument Act. 2. In the private complaint the complainant would alleged that the accused had borrowed Rs. 3,00,000/- from the complainant, a partnership firm which was represented by the complainant, the Managing Partner S.N. Sankaranarayanan. It is the definite case of the complainant that the accused had issued a cheque for Rs. 4,35,000/- dated 17.3.1997 drawn on Bank of Baroda, Coimbatore. The said cheque was issued by the accused to discharge the said loan. When the cheque was presented before the Tamil Nadu Mercantile Bank, Big Bazar Branch, on 18.3.1997, the same was returned on 19.3.1997 with an endorsement 'no sufficient funds'. The accused had issued the cheque with a view to defraud ...
Metropolitan Transport Corporation Ltd. Vs. M. Kamala and anr.
Court: Chennai
Decided on: Mar-01-2007
Reported in: II(2007)ACC531
P.D. Dinakaran, J.1. The above appeal is directed against the award dated 27.3.1998 made in M.C.O.P. No. 1231 of 1996 on the file of the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes), Chennai.2. The Transport Corporation is the appellant. On 13.8.1995 at 4.15 p.m., when the deceased Mohan was travelling as pillion rider in a motor cycle bearing Registration No. TMT 1757 from Aminjikarai to Villivakkam on AnnaNagar, III Main Road the bus bearing Registration No. TN-01-N-1290 belonging to the appellant Transport Corporation came from west to east direction, driven in a rash and negligent manner, dashed against the motor-cycle, and as a result, the pillion rider sustained fatal injuries. Therefore, respondents herein, who are mother and father of the deceased, filed M.C.O.P. No. 1231 of 1996 before the Tribunal claiming a compensation of Rs. 3,00,000. The Tribunal awarded a sum of Rs. 2,25,000 against which the present appeal has been filed by the Transport Corporati...
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