Chennai Court August 2007 Judgments
Urc Construction (P) Ltd. Rep. by Its Executive Director, S. Palanisam ...
Court: Chennai
Decided on: Aug-18-2007
Reported in: (2007)6MLJ475
ORDERA. Kulasekaran, J.1. The petitioner has come forward with this writ petition praying for a Writ of Certiorari to call for the entire records of the respondents which culminated in the impugned proceedings of the third respondent in Ref.BHEL/HPCL/CVL/101 dated 27.07.2006 and quash the same as illegal.2. The petitioner company is one of the engineering contractors. The respondents herein invited tenders for the work of construction of civil and structural work for CPP expansion project at HPCL, Visakapattinam in which the petitioner company has participated and became successful and the work order was also issued by the second respondent to the petitioner on 09.09.2004. The time granted for completion of the work was 10 months. According to the petitioner, the respondents delayed in releasing the drawings, work front etc., and therefore, they could not complete the work in time. It is the case of the respondents that the delay is on the part of the petitioner in mobilising its resou...
Tag this Judgment!Jayamani, Vs. B. Radhakrishnan and
Court: Chennai
Decided on: Aug-18-2007
Reported in: 2009ACJ536
P.P.S. Janarthana Raja, J.1. This Civil Miscellaneous Appeal is filed by the claimants against the Judgment and Award dated 13.12.1994 made in MACTOP No. 343/91 on the file of the Motor Accidents Claims Tribunal, Sub-Court, Namakkal.2. The background facts in a nutshell are as follows:The claimants are the wife, mother and the son of the deceased. The first respondent is the owner of the car and he was set exparte. The second respondent is the Insurance Company. It was stated in the Claim Petition that the deceased Ramasamy was 32 years of age at the time of accident. On 05.04.1991 at about 8.00 p.m., while the deceased Ramasamy was getting into the well with the help of a rope to clean the oil engine, suddenly slipped and fell down as a result of which he sustained injuries all over the body. Then he was taken from the well and was put up in a Taxi bearing Registration No. TNX 1629 and was taken to the Namakkal Hospital. On the way to the hospital the said Taxi dashed against the Elec...
Tag this Judgment!The Managing Director, Tamil Nadu State Transport Corporation (Coimbat ...
Court: Chennai
Decided on: Aug-18-2007
Reported in: (2008)2MLJ510
S. Palanivelu, J.1. Transport Corporation has tiled this appeal, aggrieved over the award, made in M.C.O.P. No. 123 of 1998 on the file of Motor Accident Claims Tribunal, Udumalapet, in awarding a compensation of Rs. 1,86,000/-as against the claim of Rs. 10,00,000/-, for the death of a minor child, by name, Mohanapriya.2. Respondents/claimants 1 and 2 are parents of the deceased Mohanapriya, who was aged about 3 years at the time of accident. First respondent Chinnasamy was the first informant, as regards the accident. In Ex.A-1, copy of the F.I.R., he stated that on 27.09.1997, at about 12.00 Noon, while his daughter was playing outside his house, a bus belonging to the appellant Corporation dashed against her, due to which she got into an unconscious condition. Then, the child was removed to Government Hospital, Udumalpet, where she died. He reiterates the contents of the F.I.R., in his oral evidence.3. P.W. 2, who claimed to have witnessed the accident, deposed that he was running a...
Tag this Judgment!S. Bhaskaran and S. Ganga Devi Vs. R. Loganathan
Court: Chennai
Decided on: Aug-18-2007
Reported in: 2007(5)CTC821; (2007)6MLJ290
R. Banumathi, J.1. These appeals are directed against the dismissal of applications for revocation of the Letters of Administration granted in O.P. No. 157/2001 and declining stay of all further proceedings in pursuance of Letters of Administration granted on 17.09.2001. Since both appeals arose out of common order and questions involved are one and the same, both appeals were heard together.2.Brief facts necessiated for disposal of these appeals are as follows:The property in question is the self acquired property of one Purushothaman, who died on 1.4.1998, leaving his wife P. Ranganayaki as the only legal heir. The appellants have purchased the property from the said Ranganayaki under two Sale Deeds dated 15.02.1999 and the appellants are said to be in possession and enjoyment of the property. The respondent, who is the brother of Purushothaman has filed C.S. No. 227/1999 on 26.3.1999 against Ranganayaki as well as the appellants, seeking a Decree for cancellation of two Sale Deeds e...
Tag this Judgment!United India Insurance Company Ltd. Vs. Sundaram,
Court: Chennai
Decided on: Aug-18-2007
Reported in: 2009ACJ1658; 2008(1)CTLJ38(Mad)
R. Sudhakar, J.1. The appeal is filed by the insurance company challenging the award dated 26.9.2000 and made in M.C.O.P.No. 310 of 1999 on the file of the Motor Accidents Claims Tribunal (Principal District Court), Perambalur.2. On the quantum of compensation, a plea is raised in the appeal memorandum, however, the learned Counsel for the appellant now fairly states that such contention is not seriously disputed.3. The accident in this case occurred on 28.8.1999 at about 7.30 p.m. on National Highways NH 45. The deceased in this case one Ganesan aged about 25 years was travelling on a two wheeler (TVS 50) and proceeding towards Trichy side. When he was nearing a place called Chinnaru Bridge, due to the dazzling light of an oncoming bus, he hit the rear side of a lorry, which was parked on the left side of the National Highway and in that accident, he suffered serious head injury. He was admitted in Perambalur Government Hospital and then on the way to Trichy Government Hospital he die...
Tag this Judgment!S. Jayaseelan Vs. the Director of Adi Dravidar and Tribal Welfare and ...
Court: Chennai
Decided on: Aug-17-2007
Reported in: (2007)6MLJ54
ORDERK. Venkataraman, J.1. The petitioner has come forward with the present writ petition challenging the order of Second respondent dated 27.02.2007 in an by which the petitioner was placed under suspension.2. The facts in nutshell which is necessary for the disposal of the present writ petition is as follows:The case of the petitioner is that he was working as Head. Master, Government Adi Dravidar Middle School, Maduravoil, Chennai and attained the age of super-annuation on 28.02.2007. Though he is entitled to get re-employment and continue in service till 31.05.2007, due to his health conditions he did not seek re-employment. On 28.02.2007 he was relieved from service. After his retirement, the second respondent forwarded the impugned order of suspension dated 27.02.2007 and the same was served on 02.03.2007. The impugned order of suspension was passed by the second respondent under Rule 17(c) of the Tamil Nadu Civil Services (Classification, Control and Appeal) Rules stating that a...
Tag this Judgment!Wardex Pharmaceuticals P. Ltd. Vs. Assistant Commissioner of Income-ta ...
Court: Chennai
Decided on: Aug-17-2007
Reported in: [2008]307ITR387(Mad)
1. K. Raviraja Pandian J.-This appeal is filed by the assessee against the order of the Income-tax Appellate Tribunal, Madras 'C' Bench made in I. T. A. No. 128/Mds/2005 dated February 9, 2007, The relevant assessment year is 2001-02. The substantial question of law formulated for entertainment of the appeal is as follows:Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that the financial assistance received under the West Bengal Industrial Promotion (Assistance to Industrial Units) Government of West Bengal Scheme, 1994, is a revenue receipt chargeable to tax ?2. The facts of the case are as follows:3. The appellant was engaged in the business of manufacture and trading of drugs and pharmaceuticals products. For the assessment year 2001-02, the appellant filed its return of income on October 31, 2001, admitting an income of Rs. 3,81,69,370. The return was processed under Section 143(1) on January 29, 2003, and a refund of Rs. 9,18,004 was is...
Tag this Judgment!Yashumathi Doshi and Etc. Vs. State Bank of Travancore
Court: Chennai
Decided on: Aug-17-2007
Reported in: AIR2007Mad312
ORDERV. Dhanapalan, J.1. Since the orders impugned in these writ petitions and the case of the petitioners are one and the same, these writ petitions are decided by this common order. For the sake of better comprehension, they are referred to by their names.2. Yashumathi Doshi, the petitioner in W.P. No. 25193 of 2007 is the wife of Harshad Doshi, the petitioner in W.P. No. 25194 of 2007 and these two have filed the present writ petitions seeking a certiorarified mandamus calling for the impugned communication dated 16-7-2007 of the second respondent and quash the same insofar as it relates to condition No. 2 that the possession taken over was symbolic and would be handed over to the petitioners only on 'as is where is' condition and consequently direct the respondents to handover actual possession after receiving the payment of a sum of Rs. 22,38,311.47 and comply with all the other terms and conditions as set out in their acceptance contained in the impugned communication dated 16-7-...
Tag this Judgment!J.K.K. Nataraja Dental College and Hospital Vs. the Union of India (Uo ...
Court: Chennai
Decided on: Aug-17-2007
Reported in: (2007)6MLJ1033
ORDERV. Dhanapalan, J.1. The petitioner has filed this petition seeking a writ of certiorarified mandamus calling for the proceedings of the first respondent made in F.No.V.12017/2006-DE dated 23.07.2007 and the decision of the second respondent dated 09.07.2007 made in DE.3(36)-2007 B-7230 and quash the said proceedings of respondents 1 and 2 respectively and consequently direct the respondents to accord permission to the petitioners' college for the increase in the intake of students from 40 to 100 in the B.D.S. from the academic year 2007-2008 .2. The case of the petitioner in a nutshell, is as under:The petitioner which is a Dental College and Hospital was established in the year 1987 with an intake of 40 students and is affiliated to Dr. MGR Medical University. Desirous of increasing its intake to 100 students for the B.D.S. Course, the petitioner submitted an application in September 2006 to the first respondent enclosing Essentiality Certificate issued by the State Government. I...
Tag this Judgment!Tamil Nadu Self Financing Colleges of Education Management Association ...
Court: Chennai
Decided on: Aug-17-2007
Reported in: (2007)6MLJ478
ORDERP. Jyothimani, J.1. The common question involved in all these cases relate to the challenge to G.O.Ms.No.214 High Education (G1) Department dated 04.07.2007, filed by the Management Association of Self Financing Colleges of Education as well as some of the Self Financing Institutions imparting instructions on B.Ed., course relating to three clauses in the said Government Order, viz.,(i) Reservation of Seats;(ii) Selection and Counselling by Single Window System; and (iii) Government quota in the Colleges of Education.2. Presently there are 200 B.Ed., Colleges throughout the State of Tamil Nadu, which are granted recognition by the National Council for Teacher Education (in short, 'NCTE'), Southern Regional Committee, Bangalore, and these institutions are imparting UG level and P.G. degree programme, viz., B.Ed., and M.Ed., courses and they are fulfilling the norms and standards as prescribed by the NCTE.3. B.Ed., programme is one year course, wherein students after having complete...
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