Chennai Court March 2007 Judgments
Coimbatore Pioneer Mills Limited Vs. Commercial Tax Officer and anr.
Court: Chennai
Decided on: Mar-23-2007
Reported in: (2008)15VST547(Mad)
ORDERK. Raviraja Pandian, J.1. The prayer in the writ petitions is as follows:to issue a writ of mandamus forbearing the first respondent from taking any coercive steps against the petitioner for demanding and collecting the arrears of sales tax and penalty for the assessment years 1996-97, 1997-98 and 1998-99 till the statutory remedies are over as provided under the Central Sales Tax Act, 1956 and Tamil Nadu General Sales Tax Act, 1959 and Rules, 1959.2. The facts of the case proceed as follows:The petitioner-company is a dealer under the first respondent. For the assessment years 1996-97 to 1998-99, the first respondent has completed the assessment and levied penalty in respect of the claim made by the reduced rate of tax and exemption under C, H and F forms and they have not filed required declaration forms. Aggrieved by the same, the petitioner filed appeals before the Appellate Assistant Commissioner who remanded the matter to the assessing officer after setting aside the penalty...
Tag this Judgment!A. Asokan Vs. the Ii 558 Kudhiraichandal Primary Agricultural Co-op. B ...
Court: Chennai
Decided on: Mar-23-2007
Reported in: (2007)3MLJ164
ORDERK. Chandru, J.1. I have heard the arguments of Mr. S.Venkataraman, learned Counsel appearing for the petitioner and Mr. V.R. Thangavelu, learned Government Advocate, taking notice for the respondents and have perused the records.2. In the first writ petition being W.P. No. 40249 of 2006, the petitioner prays that the first respondent Co-operative Society should be directed to pay the subsistence allowance to him in terms of G.O. Ms. No. 55 Cooperation, Food and Consumer Protection Department dated 24.3.2000 with effect from 01.4.2003 and continue to pay the same till the completion of the disciplinary proceedings initiated subsequent to the charge memo dated 27.5.2000. In the second writ petition (W.P. No. 42041 of 2006), the petitioner has challenged the show cause notice dated 28.9.2006 asking the petitioner to submit his explanation on the findings of the enquiry officer dated 27.4.2006 was sought for. 3. Mr.S.Venkataraman, learned Counsel appearing for the petitioner contended...
Tag this Judgment!Management, Chennai Central Cooperative Bank Ltd. Vs. the Joint Commis ...
Court: Chennai
Decided on: Mar-23-2007
Reported in: 2007(2)CTC604; [2007(114)FLR762]; (2007)3MLJ699
ORDERN. Paul Vasanthakumar, J.1. By consent of both sides, the writ petition itself is taken up for final disposal.2. Petitioner seeks to quash the order dated 10.11.2005 in PGA. No. 41 to 61 of 2005 passed by the first respondent confirming the order dated 10.3.2005 in PG. No. 185 to 196 of 2000 and PG. No. 64 to 73 of 2001 passed by the second respondent.3. The brief facts necessary for disposal of the writ petition are as follows.(a) Petitioner/Chennai Central Co-Operative Bank Ltd., is a Society registered under the Tamil Nadu Co-Operative Societies Act, 1983, which is challenging the order granting payment of additional gratuity to respondents 3 to 23. Respondents 3 to 23 have filed claim petitions before the second respondent/Controlling Authority under the Payment of Gratuity Act, 1972, in P.G. Nos. 185 to 196 of 2000 and P.G. Nos. 64 to 73 of 2001. The second respondent passed orders on 16.11.2000 and 23.7.2001 stating that the respondents 3 to 23 herein are entitled to additio...
Tag this Judgment!The Deputy Commissioner of Civil Supplies and the Assistant Commission ...
Court: Chennai
Decided on: Mar-23-2007
Reported in: (2007)3MLJ196
S.J. Mukhopadhaya, J.1. Learned single Judge, by impugned order dated 1.3.06 passed in W.P. No. 5831/06, having directed to release the vehicle in question (mini van bearing Registration No. TN-21-E-4993) on certain conditions, the present appeal has been preferred by the authorities of the State against such order.2. The only plea taken is that the impugned order dated 1.3.06 was passed without giving opportunity to the appellants, who were the respondents in the writ petition and without taking into consideration the relevant facts and merits of the case.3. The impugned order dated 1.3.06 passed by the learned single Judge in W.P. No. 5831/06 reads as follows:The petitioner seeks for the issuance of a writ of mandamus to direct the first respondent to release the mini van bearing Registration No. TN-21-E-4993 seized on 25.01.2006 by the second respondent at No. 104, Kandasami Koil Street, Kosapet, Chennai 600 012 to the petitioner.2. According to the petitioner, he is the owner of th...
Tag this Judgment!V. Maheswari Vs. the Secretry, Tamil Nadu Manual Labour Social Securit ...
Court: Chennai
Decided on: Mar-23-2007
Reported in: (2007)2LLJ963Mad; (2007)3MLJ295
ORDERK. Chandru, J.1. The petitioner is the wife of late K.Velu, who was an Auto Rickshaw driver at Salem Town. He got himself registered under the Tamil Nadu Manual Labour Social Security and Welfare Board [for short, 'Board'] and his Registration No. is 06 Auto 1009. He was running an Auto Rickshaw bearing Registration No. TDL 3731 owned by one K.Abdul Vahab. By virtue of his membership, the petitioner is eligible to avail the benefit of the Tamil Nadu Manual Workers' Social Security and Welfare Scheme, 2001 framed under Section 3 of the Tamil Nadu Manual Workers (Regulation of Employment and conditions of work) Act, 1982 [for short, 'Manual Workers Act'].2. Unfortunately, on 22.5.2001, the petitioner's husband met with an accident while he was driving the auto near Padri Nagar, Salem and sustained grievous injuries. The Inspector of Police, Shevapet Police Station, Salem registered a case in this regard in Crime No. 397 of 2001 dated 22.5.2001. As he succumbed to injuries, Post Mort...
Tag this Judgment!itc Limited Rep. by Its Constituted Attorney, Subhatosh Banerjee Vs. t ...
Court: Chennai
Decided on: Mar-22-2007
Reported in: 2007(2)CTC577; (2007)5MLJ897; (2007)7VST367(Mad)
ORDERA.P. Shah, C.J.1. Constitutional validity of the Tamil Nadu Tax on Entry of Goods into Local Areas Act, 2001 ('Act' for short), and various notifications issued by the State Government in exercise of the powers conferred by Section 15 of the Act is questioned in these writ petitions and connected writ appeals.2. Tamil Nadu State enacted the Act to provide for the levy of tax on entry of goods into local areas for consumption, use or sale therein, being Tamil Nadu Act 20 of 2001. Section - 3 empowers the State Government to levy and collect tax on entry of scheduled goods into any local area for consumption, use or sale therein at such rate not exceeding 30% ad valerom, as may be specified by the State Government. Goods liable for levy of tax under the Act on entry in the specified local areas at the specified rates are those set out in the schedule annexed to the Act. Section 15 of the Act contains power of the State Government to amend the schedule and armed with that power the S...
Tag this Judgment!T. Tamilarasan Vs. Arokkiasamy, Thomas and Devasagayam
Court: Chennai
Decided on: Mar-22-2007
Reported in: 2007(3)CTC456; (2007)3MLJ857
P. Jyothimani, J.1. The plaintiff in the trial court is the appellant in the second appeal. The suit was filed for a permanent injunction against the defendants from interfering with the plaintiff's possession of the property which is to an extent of 459 sq. metres of house site with thatched shed and mamool pathway rights comprised in R.S.F.No. 1044/3 in Pallapalayam Village, Perundurai Taluk, Erode District.2. The claim of the plaintiff was based on the patta issued by the Special Tahsildar on 31.05.1993 which was marked as Ex.A1. It was further the case of the plaintiff that the defendants who have nothing to the do with property have attempted to interfere and demolished the thatched shed which has resulted in filing the above said suit.3. On the other hand, the defendants in the written statement have categorically stated that the plaintiff is the absolute owner of the property situated in R.S.F.No. 1044/3 as per the Patta dated 31.05.93. However, in the later part of the written ...
Tag this Judgment!Tamil Nadu Petro Products Ltd. Vs. Assistant Commissioner (Ct) and ors ...
Court: Chennai
Decided on: Mar-22-2007
Reported in: (2009)20VST327(Mad)
ORDERK. Raviraja Pandian, J.1. The prayer in the writ petition is for the issuance of a writ of certiorarified mandamus to direct the third respondent to re-dispose the stay petition in T.P. No. 92 of 2004.2. The case of the petitioner is that in respect of the assessment year 1996-97, an assessment order has been made under CST on the ground that the transactions of the petitioner are inter-State sales. That order has been confirmed by the appellate authority and the matter is now pending before the Tribunal. During the pendency of the appeal before the Tribunal, at the instance of the petitioner, in a stay application for collection of taxes, the Tribunal has passed an interim order granting stay of payment of 75 per cent of the disputed tax on condition of the petitioner making the balance disputed tax of 25 per cent on or before April 10, 2007 and directed to furnish security for the remaining amount. The correctness of the said order is now canvassed before this Court.3. It is con...
Tag this Judgment!Eastern Common Effluent Treatment Company Private Limited, Represented ...
Court: Chennai
Decided on: Mar-22-2007
Reported in: (2007)3MLJ361
ORDERK. Chandru, J.1. The petitioners in these writ petitions were admittedly party to the judgment of the Division Bench of this Court made in W.P. Nos. 29791 of 2003 and 39368 of 2003, which were disposed on 22.12.2006 in Noyyal River Ayacutdars Protection Association v. The Government of Tamil Nadu, Represented by its Secretary and Ors. In those writ petitions, apart from several other directions, this Court imposed fine on the Common Effluent Treatment Plants [for short, 'CETPs'] on the basis of 'polluter pays principle'. Paragraph 30(a)(i) of our judgment dated 22.12.2006 reads as follows:Para 30: (a)The CETPs are given time up to the 31st of July, 2007 to achieve the Zero Liquid Discharge (ZLD) of trade effluents subject to the following conditions-(i) The concerned CETPs are directed to pay a fine on pro rata basis at the rate of six paise per litre from 1st January, 2007 to 31st March, 2007; at the rate of eight paise per litre from 1st April, 2007 to 31st May 2007; and at the ...
Tag this Judgment!Thiru Anjaya and Vs. Tmt. L. Lakshmi,
Court: Chennai
Decided on: Mar-22-2007
Reported in: 2009ACJ1354; (2007)6MLJ1807
K. Venkataraman, J.1. The opposite parties in W.C. Case No. 230 of 1999 on the file of the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour-I), Chennai are the appellants in this appeal. The claimants thereon are the respondents herein.2. The respondents/claimants have preferred the claim application before the above referred Authority claiming compensation for the death of one Lakshmaiah, husband of the first respondent and father of the other respondents.3. The short facts of the matter which need to be stated for the purpose of the present appeal is as follows:The deceased Lakshmaiah was working as a auto driver under the first appellant herein. He was paid a sum of Rs. 100/- as daily wages for the above said work. Usually, he used to drive the auto belonging to the first appellant herein in day time between 7.00 A.M. and 7.00 P.M. and after that, the said auto of the first appellant was used to be driven by another auto driver from 7.00 P.M. to next day mornin...
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