Chennai Court September 2007 Judgments

Christian Medical College, Vellore Association, Rep. by Its Secretary ...

Court: Chennai

Reported in: (2008)1MLJ604

ORDERR. Sudhakar, J.1. The writ petition has been filed, challenging the order of the Permanent Committee for Common Entrance Test for Private Professional Educational Institutions in Tamil Nadu dated 12.7.2005.2. Pursuant to the direction of the Supreme Court in : AIR2003SC3724 in Islamic Academy of Education v. State of Karnataka, a Special Committee was formed to ensure that the tests conducted by the association of colleges is fair and transparent. Para 19 of the Apex Court decision is as follows:19. We now direct that the respective State Governments do appoint a permanent Committee which will ensure that the tests conducted by the association of colleges is fair and transparent. For each State a separate Committee shall be formed. The Committee would be headed by a retired Judge of the High Court. The Judge is to be nominated by the Chief Justice of that State. The other member, to be nominated by the Judge, would be a doctor or an engineer of eminence (depending on whether the i...

The Managing Director, Tamil Nadu State Transport Corporation Ltd. Vs. ...

Court: Chennai

Reported in: 2008ACJ1503; 2007(5)CTC435; (2007)6MLJ1605

P.P.S. Janarthana Raja, J.1. This Civil Miscellaneous Appeal is filed by the Transport Corporation against the award and decreetal order passed by the Motor Accidents Claims Tribunal, Sub Court, Bhavani made in MACTOP No. 449 of 2001 dated 29.01.2004.2. Background facts in a nutshell are as follows:On 28.5.2001 about 5.00 hours, the deceased Shanmugham was travelling in the Tamil Nadu State Transport Corporation bearing Registration No. TN-33-N-0646 at the Erode-Bhavani Road. The bus stopped at Sakthi Road near Kamaraj Nagar bus stop. While the deceased was getting down from the bus and when the deceased's one leg was on the road and the another leg on the foot-board, the driver of the bus suddenly took the bus in a rash and negligent manner, without noticing the deceased, due to which the deceased fell down on the road and sustained fatal injuries. Immediately the deceased was taken to Erode Government Hospital and was admitted, but later he died in the hospital. The claimants are the...

The Dravida Munnetra Kazhagam Charitable Trust by Its Chairman and Man ...

Court: Chennai

Reported in: (2008)1MLJ700

ORDERF.M. Ibrahim Kalifulla, J.1. This writ petitioner seeks to challenge G.O.Ms. No. 939, Revenue, dated 12.10.1995. The petitioner is a Charitable Trust as has been declared for the purpose of Section 29(k) of the Tamil Nadu Urban Land Tax Act. The said declaration has been made by the Government of Tamil Nadu in G.O.Ms. No. 514, Revenue, dated 3.3.1975 which reads as under:Specification of Dravida Munnetra Kazhagam Charitable Trust, Madras as Charitable Institution for purposes of Section 29(k) of the Tamil Nadu Urban Land Tax Act..G.O.Ms. No. 514, Revenue Dated 3.3.1975.No. II(2), Revenue/958/75 - In exercise of the powers conferred by Clause (K) of Section 29 of the Tamil Nadu Urban Land Tax Act 1966 (Tamil Nadu Act 12 of 1966) the Governor of Tamil Nadu hereby specified the Dravida Munnetra Kazhagam Charitable Trust, Madras as a 'Charitable' Institution for the purpose of the said Section.C.V.S.Mani,Secretary to Government.2. The shorts facts which are required to be stated are t...

M. Srinivasa Rao Vs. the Assistant Commissioner of Income Tax

Court: Chennai

Reported in: 2007(5)CTC483; (2008)219CTR(Mad)40; (2008)1MLJ113

ORDERA. Kulasekaran, J.1. The petitioner has filed the above writ petition praying for a Writ of Certiorarified Mandamus to call for the records of the respondent in PAN:AAQ PsS9354S/AY 88-89 & 89-90/B.R. XIV dated 23.07.2007 and quash the notice dated 23.07.2007 and direct the respondent to grant the refund claimed by the Petitioner with interest for the assessment year 1989-1990.2. The petitioner is an assessee under the Income Tax Act. The original assessment for the assessment year 1989-1990 was made on 28.02.1992 on a total income of Rs.4,20,170/-, which was accepted except for the addition of Rs.3,96,000/-, which was alleged as unexplained amount under the head other sources, in which the respondent department has claimed that a search was conducted in 1988, based on seizure of a receipt of a demand draft for Rs.3,96,000/- obtained from Vijaya Bank, Triplicane Branch, Chennai on 25.04.1988 in favour of M/s. S.M.S. Gardens, Coimbatore, the petitioner has explained that the said am...

Indian Bank, Rep. by Its Manager, Rasipuram Tk and Post Namakkal Distr ...

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

K. SAMPATH J. {Open Court} The Opposite party in COP No.159/2001 on the file of the District Consumer Disputes Redressal Forum, Salem, is the appellant herein. The complainant had deposited moneys with the opposite party. On maturity the complainant wanted the money to be repaid. Meanwhile the opposite party had received a communication from the Deputy Superintendent of Police, C.B.I., instructing the opposite party to freeze the account and not to pay the amount. The complainant therefore went before the District Forum, Salem. The District Forum allowed the complaint on the reasoning that the opposite party bank did not produce any order from any court calling upon the opposite party to freeze the account. It is as against that the present appeal has been filed. 2. We have gone through the materials on record. When the opposite party had received specific instructions from the C.B.I. directing freezing of the account, it was but proper that the opposite party should have honoured th...

The South Indian Bank Ltd, Nungambakkam Branch Rep. by Its Senior Mana ...

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

K. SAMPATH J. [Open Court] There was a bill discounting and overdraft facility given by the opposite parties to the complainant along with Letter of Credit for sending handloom goods to foreign countries. Upon the clearance of the bill by the foreign purchaser, the opposite parties adjusted the amount towards the amount already advanced to the complainant and also debited service charges. The 1st opposite party had been debiting interest at 13% p.a. on the overdraft amount, according to the complainant, against the RBI guidelines. The 1st opposite party debited a sum of Rs.2,47,880/- on 30/9/1997 without furnishing details as to how this amount was arrived at. According to the complainant, the 1st opposite party had already debited the necessary interest, service charges, etc, to their account and this amount of Rs.2,47,880/- had been debited to the complainants account without a bona fide reason. The complainant questioned the 1st opposite party by letter dated 3/11/97. There was no ...

Nepc India Limited (Formerly Nepc Micon Limited) Vs. Atlantic Bridge A ...

Court: Chennai

Reported in: (2008)1MLJ76; [2009]94SCL296(Mad)

P.K. Misra, J.1. The above appeal is filed against the order dated 21.12.2001 passed in Company Petition No. 186/1997, wherein the learned Single Judge has admitted the company petition filed under Section 439 read with Sections 433(e) and 434 of the Companies Act, 1956 for winding up of the present appellant company and directing the advertisement of such petition. The present respondent had filed such company petition.2. The appellant company was initially incorporated as a Private Limited Company, which was subsequently converted to a Public Limited Company. The present respondent (the petitioner in the company petition) is an international firm of Aviation Consultants. The appellant company, with a view to start business relating to Aviation, had engaged the present respondent as Consultants since 1992. For the purpose of convenience, the respondent, who had filed the company petition for winding-up, is referred to as 'the petitioner' and the present appellant is referred to as 'th...

S.S. Rajan Vs. State

Court: Chennai

Reported in: 2008CriLJ639

ORDERT. Sudanthiram, J.1. The petitioner is the sixth accused in C.C. No. 571 of 2003 on the file of the learned Special Judge for Narcotic Drugs and Psychotropic Substances Act, 1985.2. The case of the prosecution is that on 13-2-2003 at 2.30 p.m., while the Inspector of Police, T. Kallupatti Police Station, was going on raid, he found 300 Ganja plants being cultivated by accused 1 to 5 in the guava garden which belongs to the peti-tioner/A-6.3. Learned Counsel for the petitioner submitted that though this petitioner is the owner of the land, without his knowledge, the first accused who is the watchman of the garden with the connivance of accused No. 2 to 5 cultivated Ganja in the land. Even as per the materials available with the prosecution except the fact the petitioner is the owner of the land, there is no other material either to show that the petitioner had the knowledge about the cultivation of the Ganja or accused 1 to 5 acted on the instructions from this petitioner/accused.4...

Ranipet Lorry Owners' Welfare Association rep. by Its Joint Secretary ...

Court: Chennai

Reported in: (2007)6MLJ517

P.K. Misra, J.1. In this batch of writ petitions, which have been filed by various owners of Transport Vehicles and also by Associations representing the lorry owners or the private bus owners of the State as well as of other States, the main relief claimed is for a declaration that Section 8-B(1)(b) and Section 8-B(2) of the Tamil Nadu Manual Workers (Regulation and Employment of Conditions of Work) Act, 1982, hereinafter referred to as 'the Act', as illegal, unconstitutional and void. 2. The basic allegations in all these writ petitions are as follows:The owners of transport vehicles, including buses and lorries are liable to pay road tax which is required to be paid within the stipulated period. On the basis of Circular No. 118/99, dated 28.12.1999, the Regional Transport Officers of various places are insisting upon payment of 1% of such quarterly tax payable as Labour Welfare Fund.3. The petitioners have raised two contentions objecting to such action. It is first contended that t...

Eka Ratchagar Sabai Higher Secondary School, Rep. by Its Correspondent ...

Court: Chennai

Reported in: (2008)1MLJ322

P.K. Misra, J.1. First Appellant, namely, Eka Ratchagar Sabai Higher Secondary School, is a religious minority aided school. First respondent joined such school on 1.7.1982 as Tamil Pandit, which was in B.T. Assistant Cadre. Subsequently, the High School was upgraded as Higher Secondary School. In 2001, on retirement of the Headmaster, Mrs. Patti Jeeva Malar, who was working as a Post Graduate Assistant in Tamil, was appointed as Headmistress with effect from 1.6.2001. The dispute in the present appeal relates to filling up of consequential vacancy in the post of P.G. Assistant in Tamil. At that stage, Appellant No. 2 was appointed by direct recruitment as P.G. Assistant in Tamil. According to the case of Respondent No. 1, such appointment of Appellant No. 2 as P.G. Assistant in Tamil is in violation of Rule 15(4)(ii)(i) of Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974. 1.1 Respondent No. 1 filed W.P. No. 11120 of 2001 seeking for a direction to promote her as P.G. Ass...