Chennai Court April 2007 Judgments
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C. Arivazhagan Vs. the State of Tamil Nadu, Rep. by Its Secretary, Lab ...
Court: Chennai
Decided on: Apr-10-2007
Reported in: [2007(115)FLR470]; (2007)IIILLJ229Mad
P. Sathasivam, J.1. Aggrieved by the common order of the learned Single Judge dated 4.2.2002 passed in W.P. Nos. 2663 to 2669 of 1996, the workmen/respondents therein filed the above writ appeals. Since the grievance expressed and relief prayed for are one and the same, all these matters can be disposed of identically by the following common order.2. According to the workmen/appellants herein, they had been continuously working in the Municipality right from the year 1989 and they were terminated from service with effect from 2.7.1994. When their rights were disputed before the Labour Court, objection was raised by the Municipality, contending that the employees are Government servants and the provisions of the Industrial Disputes Act are not applicable to them. The Labour Court, Salem, after rejecting the objection of the Municipality as to the maintainability and after considering the claim of the workmen, agreeing with their case on merits, passed common award dated 8.12.1995 and di...
The Tamil Nadu Electricity Board, Rep. by Its Superintending Engineer, ...
Court: Chennai
Decided on: Apr-10-2007
Reported in: 2007(4)CTC225; (2007)5MLJ1297
P. Jyothimani, J.1. The unsuccessful defendants, Tamil Nadu Electricity Board in both the Courts below are the appellants. The plaintiffs filed the suit for a declaration that the order of the second defendant, namely, the Assistant Divisional Engineer Distribution, P.D.R. Coimbatore Electricity System, Coimbatore-23 dated 16.04.1987 marked as Ex.A.1 is opposed to law and rules governing the Electricity Board and the terms and conditions of supply and for an injunction against the defendant Board from disconnecting the electricity supply. 2. The plaintiff's case was that he is the owner of the electricity connection No. 1182 SIDCO having obtained on 29.01.1986 with permission to use 125 H.P. and he has been using various machines within the power limit and in fact the third defendant has tested the same on 26.03.1987 and the horsepower used by the plaintiff was found to be 123.5 H.P. While so by the letter, dated 16.04.1987 the second defendant has alleged that the plaintiff has used e...
M.M. Shanmugasundaram, Vs. Balasubramanian,
Court: Chennai
Decided on: Apr-10-2007
Reported in: (2007)4MLJ1221
P. Jyothimani, J.1. The plaintiffs in the trial court are the appellants and they have filed a suit in O.S. No. 151 of 1986 for declaration of their title in respect of B schedule property which is the southern moity of 'A' Schedule, Ramanujamkoodam Street, Ponnamallee Village bounded on the North Shanmugasundaram house and west by street, with linear measurements of 19' Northsouth and 200' Eastwest, comprised in Survey No. 115/74. The A schedule property measuring 38' Northsouth and 200' Eastwest. The said suit is also filed for delivery of possession of B schedule property and for the past mesne profits apart from the claim of future mesne profit.2. The admitted fact is that the suit property originally belonged to Masilamani mudaliar whose first wife was Meenakshiammal through whom was born the only daughter namely Visalakshi ammal @ Saraswathi who died in the year 1965 and her two sons namely Sabapathy and Murugesan also died in the year 1975 and 1972 respectively and the plaintiff...
Uco Bank Rep. by the Chief Manager, Chennai MaIn Branch Vs. Digboi Ref ...
Court: Chennai
Decided on: Apr-10-2007
Reported in: I(2008)BC469; (2007)3MLJ346
P. Sathasivam, J.1. Aggrieved by the order of the learned Single Judge dated 16.12.2003 made in W.P. No. 12589 of 2000, UCO Bank, Chennai has filed the above writ appeal. 2. For convenience, we shall refer the parties as arrayed before the learned Single Judge.3. According to the petitioner Bank, the bank issued Guarantee No. 579/94 on 6.12.1994 at the request of M/s.AICAM Engineering Ltd. for Rs. 22,61,171.40 favouring Indian Oil Corporation Ltd. towards advance payment and security deposit in relation to contract work of fired heaters for Digboi Refinery Project. This guarantee was originally valid until midnight of 5.12.1995. 4. Similarly, the petitioner issued another guarantee to Indian Oil Corporation Ltd., Assam Oil Division, Digboi on 18.12.1996 bearing No. 387/96 for Rs. 19,76,368/- against a contract work of erection of equipment machinery fabrication and related civil and structural works for Digboi Reformer Project valid upto the midnight of 7.3.1997.5. The petitioner bank ...
N. Vidhyasagar Vs. the Deputy Manager, Syndicate Bank
Court: Chennai
Decided on: Apr-10-2007
Reported in: (2007)6MLJ1246
S. Tamilvanan, J.1. This writ appeal is directed against the order, dated 20.06.2003, made in W.P. No. 1778/95 by the learned single judge, dismissing the writ petition, whereby the appellant herein had challenged the charge memo, dated 15.04.1994, issued upon him by the respondent.2. The brief facts of the case are as follows:The appellant herein was employed as Sub-Manager of the Syndicate Bank, Kodambakkam Branch. During the relevant period between 04.02.1985 and 21.07.1986, one Mrs.Kamatchi Srinivasan, an employee had obtained jewel loan from the Bank, by pledging her jewels. The jewels were to be kept in safe custody under double lock system, as per procedure followed by the Bank. Out of two keys, one was with the petitioner and the other was with the Assistant Manager and accordingly, the petitioner was a custodian of the key. It was found at the time of redemption of the jewels pledged in the Bank that the same had been substituted and hence, a criminal prosecution was initiated...
T. Nagarajan Vs. the Director of School Education,
Court: Chennai
Decided on: Apr-10-2007
Reported in: (2007)3MLJ344
ORDERK. Chandru, J.1. This writ petition is filed to issue a writ of certiorari to call for the records relating to the proceedings dated 22.3.2007 on the file of the Governing Body represented by the Correspondent St.Patrick's Anglo Indin Higher Secondary School, Gandhi Nagar, Adyar, Chennai, the third respondent and to quash the same.2. The petitioner is a teacher, working in the 3rd respondent school. The school is affiliated to the Anglo- Indian School Board and also receiving aid from the State. Therefore, the petitioner contends that the writ petition will lie against the said school.3. In the present writ petition what is challenged is the charge memo dated 22.3.2007 issued to the petitioner, making certain allegations against him. Learned Counsel for the petitioner submits that whatever the allegations that has been made, the petitioner cannot be accused, as the incident had taken place in the capacity of his being a parent, as his son is studying in the said school. This defen...
C.N. Krishnan (Deceased) and ors. Vs. the Management of Indra Cotton M ...
Court: Chennai
Decided on: Apr-10-2007
Reported in: (2007)IILLJ700Mad
V. Dhanapalan, J.1. Challenge to this writ appeal is the order dated 11.09.1998 passed by a learned Single Judge of this Court in and by which the order dated 19.11.1986 of the second respondent Labour Court in C.P. No. 628 of 1987 is confirmed.2. Subsequent to filing of this writ appeal, the appellant has died and his legal heirs, viz., wife, sons and daughters have been impleaded in this writ appeal as appellants 2 to 9.3. The facts giving rise to this writ appeal, are, as follows:The first appellant who was employed under the first respondent for 25 years, was issued a Charge Memo 17.04.1982, on two grounds, viz., for being negligent in work and for speaking in an indifferent manner to his supervisor. He was placed under suspension on 15.04.1982 and was subsequently terminated from service on 04.10.1982. Aggrieved by his termination, the first appellant raised an Industrial Dispute and the second respondent Labour Court passed an award on 19.11.1986, quashing the order of dismissal ...
M.O.P. Iyengar Charities Rep. by Its Secretary Vs. the Special Tahsild ...
Court: Chennai
Decided on: Apr-10-2007
Reported in: 2007(2)CTC270; (2007)4MLJ119
ORDERA. Kulasekaran, J.1. This writ petition is listed today for admission and I heard the learned Senior Counsel appearing for the petitioner, Mr. B. Mani, learned Counsel for respondent Nos. 1 and 2 and Mr. T. Mathi, learned Counsel for respondent No. 3.2. The prayer in this writ petition is for a Writ of Certiorarified Mandamus calling for the records of the first respondent dated 3.1.2007, being the distraint warrant notice bearing Sl. No. 5626 in respect of premises bearing No. 41, Bunder Street, Kothaval Chavadi, Chennai 600 001, consequent to the demand contained in the impugned letter of the second respondent dated 10.10.2006 vide CMWSSB/Area II/R4/7498/2006 and the demand contained in intimation slip dated 14.8.2006 vide Sl. No. 238 for CMC Bill No. 02/030/1575/000000/1 and quash the same and forbear the respondents, their men, agents or any one acting under them or for them from in any manner attaching the property or for bringing for distraint auction properties (both movabl...
South India Corporation Ltd. Vs. Commercial Tax Officer and anr.
Court: Chennai
Decided on: Apr-09-2007
Reported in: (2009)19VST598(Mad)
ORDERK. Raviraja Pandian, J.1. O.P. No. 766 of 2003 was filed before the Tamil Nadu Taxation Special Tribunal praying to call for the records on the files of the second respondent in C.T.R.A. No. 2 of 2002 dated March 18, 2003, quash the same, while directing the second respondent to rectify its proceedings in C. T. A. No. 160 of 2002 dated May 20, 2002 and set aside the imposition of surcharge and additional surcharge imposed on the tax paid under Section 7C of the Tamil Nadu General Sales Tax Act, 1959 and penalty imposed in TNGST No. 307515/94-95 dated November 30, 2001.2. O.P. No. 772 of 2003 was filed before the Tamil Nadu Taxation Special Tribunal praying to call for the records on the file of the second respondent in C.T.A. No. 160 of 2002 dated May 20, 2002 in so far as it has confirmed the imposition by the first respondent herein by his proceedings in TNGST No. 307515/94-95 dated November 30, 2001, of surcharge and additional surcharge on the tax paid under Section 7C of the ...
Anantham Ammal, Vs. Kamalambal (Exparte),
Court: Chennai
Decided on: Apr-09-2007
Reported in: (2007)4MLJ44
P. Jyothimani, J.1. The unsuccessful plaintiffs in the Courts below are the appellants in the above second appeal. The plaintiffs filed the suit for declaration of title and possession apart from rendering of accounts. The suit property is described as comprised in R.S. No. 202/14 in 0.10 cents manai with thatched house bearing Door Nos. 7 and 8, Thoothukudi Town and circle, Nagapattinam District, of course with boundaries on all the four sides. The plaintiff laid the case on the basis that the said properties were originally owned by Ramu Chettiar, husband of the first plaintiff and father of plaintiffs 2 to 4, and his purchase was under a registered sale deed dated 04.10.1939, marked as Ex.A-26 and he was in possession till his death in 1961 by residing in the said house. He is also stated to have mortgaged the said house, by way of Mortgage Deeds, on 11.04.1944 and 27.07.1943 marked as Exs.A-23 and A-24 respectively. It is the case of the plaintiffs that after the death of Ramu Chet...
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