Chennai Court February 2008 Judgments
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P. Samiappa Gounder Vs. the Regional Transport Authority and the State ...
Court: Chennai
Decided on: Feb-22-2008
Reported in: (2008)4MLJ1213
P.K. Misra, J.1. The present Review Application has been filed for reviewing the judgment dated 30.4.2003 in W.P. No. 36675 of 2002, whereunder the writ petition filed by the present petitioner was dismissed.2. Since the learned Senior Counsel appearing for the petitioner has made submissions in elaborate manner, it is necessary to notice the relevant facts in some detail.3. Pursuant to the notice issued by the Regional Transport Authority for grant of a stage carriage permit on the route Kangayam to Kodumudi to ply an additional bus, 12 applicants including the petitioner had filed applications. One of the existing operators had filed W.P. No. 5289 of 1994, wherein an interim order was passed to the effect that the applications may be considered but the final decision should not be implemented till the disposal of the writ petition. The Regional Transport Authority, hereinafter referred to as 'the RTA' at that stage, decided to grant permit in favour of Thirumalai Transport Service. U...
A. Palaniappan Vs. the Collector,
Court: Chennai
Decided on: Feb-21-2008
Reported in: (2008)2MLJ1225
ORDERM. Venugopal, J.1. The petitioner has filed this writ petition as a resident in the larger interest of the public Nathamedu, praying for the relief of issuance of Writ of Certiorarified Mandamus calling for the entire records in Na.Ka. No. 39318/2006/l3 dated 27.11.2006 passed by the first respondent viz., the District Collector, Namakkal District and quash the same and consequently directing the first respondent viz., the Collector, Namakkal District to allot permanently the existing burial ground situated in the Government land comprised in Survey No. 112/2 for the Nathamedu Village people for performing their last funeral rites in the burial ground continuously.2. According to the petitioner, in the Mangalam Village Panchayat there are 16 hamlets one among them is the Nathamedu hamlet wherein there are population of 500 persons residing in the Nathamedu hamlet for more than years together for 3 generations by their forefathers and that Village people living in Nathamedu hamlet ...
Indian Overseas Bank Rep. by Its Authorised Officer/Chief Manager, Arm ...
Court: Chennai
Decided on: Feb-21-2008
Reported in: (2008)4MLJ1012
S.J. Mukhopadhaya, J.1. This Writ Appeal has been preferred by the appellant-Indian Overseas Bank against the order of this Court dated 30.1.2008 in Writ Petition No. 1069 of 2008.2. In the said case, while the learned single Judge refused to interfere with the notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, SARFAESI Act) and taking into consideration the order passed by the appellant-Bank, the learned single Judge allowed the respondent-Writ Petitioner to approach the Debts Recovery Tribunal within two weeks from the date of the order and till such time the appellant-Bank was directed to maintain the position as on the date of the order passed in the Writ Petition. It was also made clear by the learned single Judge that the respondent-Writ Petitioner shall not take advantage of the order in any of the proceedings and shall strictly adhere to the time stipulated by the Court.3. The...
M.S. Gnanasoundari Vs. Indian Bank Through Its Asset Recovery Manageme ...
Court: Chennai
Decided on: Feb-21-2008
Reported in: IV(2008)BC64; (2008)3MLJ886
ORDERP. Jyothimani, J.1. This writ petition is for direction against the respondents to give effect to the award dated 7.2.2004 by condoning the delay in payment of award amount and consequently, direct the Debts Recovery Tribunal to record the full satisfaction.2. One M/s. Adams Barter World owned by its proprietor late M.J. Durairaj, availed a term loan of Rs. 72,00,000/- and cash credit of Rs. 25,00,000/- from the first respondent bank on 30.4.1991. The said Durairaj, husband of the petitioner herein died on 16.10.1993 and according to the petitioner, after the death of her husband, the bank has obtained her signature in various papers. Five years after the death of her husband, the first respondent filed O.A. No. 85 of 1998 on the file of Debts Recovery Tribunal, Chennai for recovery of a sum of Rs. 3,59,86,583.07. According to the petitioner, even now the first respondent bank has failed to furnish the statement of accounts since the said account is classified as NPA. On formation...
Gem Granites Rep. by Its General Manager Vs. the Secretary to Governme ...
Court: Chennai
Decided on: Feb-20-2008
Reported in: (2008)4MLJ157
K. Raviraja Pandian, J.1. In this appeal, the correctness of the order dated 5.2.2003 made in W.P. No. 7467 of 2001 rejecting the appellant's request for issuance of a mandamus to direct the respondents to refund the amount deposited by the appellant towards lease amount, security deposit, area assessment, first year dead rent and stamp duty totalling a sum of Rs. 2,78,13,700/- for the grant of lease in G.O.3(D) No. 38 Industries Department dated 20.4.1998 with interest at the rate of 24% per annum from the date of deposit till the date of settlement, has been questioned.2. Mrs. Nalini Chidambaram, learned Senior Counsel appearing for the appellant has assailed the order by contending that when a Division Bench of this Court, in a public interest litigation in W.P. No. 16876 of 2000, has granted the very same relief and the correctness of the same is pending consideration before the Supreme Court by way of Civil Appeal at the instance of the respondents, on the principle of comity, the...
Dr. M. Ponnuswamy, Professor, Department of Tamil Language, University ...
Court: Chennai
Decided on: Feb-20-2008
Reported in: 2008(2)CTC211; (2008)4MLJ538
ORDERN. Paul Vasanthakumar, J.1. By consent of both sides, the writ petition itself was taken up for final disposal.2. Prayer in the writ petition is to quash the resolution No. 89 dated 8.6.2007 passed by the Syndicate of the University of Madras.3. The brief facts necessary for disposal of the writ petition are that by resolution No. 89 dated 8.6.2007, the Syndicate of the respondent University resolved that the Vice-Chancellor be authorised to transfer the faculty members from one department to another department, including Institute of Distance Education in the same discipline/School/Centre as and when required and the same be reported to the Syndicate.4. The apprehension of the petitioner is that the Professor in one department of School in the University can be transferred to another department in the same School or Centre of the University and he will be forced to teach a subject in which he has no specialised knowledge and by virtue of the said resolution, if transfers are effe...
Sri Kalaivani Spinners (P) Limited Vs. the Customs, Excise and Service ...
Court: Chennai
Decided on: Feb-20-2008
Reported in: 2008(127)ECC219; 2008(153)LC219(Madras); 2008(227)ELT515(Mad)
K. Raviraja Pandian, J.1. The Civil Miscellaneous Appeal is filed against the Order No. 786/2005 dated 2.6.2005 in Appeal No. E/563/2004 on the file of the Customs, Excise & Service Tax Appellate Tribunal, Chennai and the same was admitted on the following substantial questions of law:a. Whether 'Duty' referred to in the CENVAT Credit Rules, 2001 means the duty payable under Section 3 or Section 3A of the Central Excise Act, 1944 or reversal of credit?b. Whether the appellant can take credit of excise duty originally paid by the manufacturer, in the circumstances of the case?2. Heard the learned Counsel appearing on either side.3. The appellant purchased capital goods from one M/s. Vairava Textiles Limited, who had purchased the same from the manufacturer of machines. As per Rule 57AC(2) of the erstwhile Central Excise Rules, 1944, the credit of duty paid on capital goods could be availed only upto 50% of the duty paid on such capital goods in the financial year in which it was receive...
Madras Security Printers Rep. by Its Partner, P. Sam Prasad and Roseme ...
Court: Chennai
Decided on: Feb-20-2008
Reported in: 2008(2)CTC24; (2008)220CTR(Mad)350; (2008)4MLJ601
ORDERV. Dhanapalan, J.1. These two Writ Petitions have been filed, one by M/s. Madras Security Printers and the other by M/s. Rosemerta Technologies Pvt. Ltd., praying for a mandamus, directing the respondents to accept the petitioners' bids for issuance of Smart Card based Driving Licence and Vehicle Registration at Regional Transport Offices of Chennai (South), Cuddalore and Sivagangai on 'Build, Own, Operate and Transfer (BOOT) basis and process and consider the petitioners' bids on merit and in accordance with the tender terms along with other bidders.2. According to the petitioners, they are the leading concerns, engaged in the business of security printing and smart card manufacturing, e-governance, system integration and software solution and they have vast experience in smart card manufacturing and participated in several tenders, issued by the State and the Central Government and become successful bidders.3. M/s. Madras Security Printers claim that they are pioneers in India a...
The Commissioner, H.R. and C.E. (A) Department Vs. G. Venkatachalapath ...
Court: Chennai
Decided on: Feb-20-2008
Reported in: (2008)3MLJ775
S. Tamilvanan, J.1. The appeal is directed against the Judgment and Decree, dated 02.05.1980 made in O.S. No. 6 of 1978 on the file of the Sub Court, Nagapattinam.2. The appellant herein was the defendant before the trial court. The suit was originally filed by the first respondent herein before the trial court. After his demise, his Legal Representatives have been impleaded as respondents 2 to 7. As per the case of the plaintiff, a trust known as Gopalakrishna Madam (Mutt) at Ayyadimangalam is his family trust, founded by his grand father, erstwhile hereditary trustee, by name Chinnasamy Naidu, as per the registered Will, dated 22.05.1897, executed by him. It has been further stated that the building of the Madam was constructed in a private land belonged to the respondents' family and a portrait of Lord Gopalakrishna, had been removed from the ancestral house and was fixed by hung in the Madam and that there was no dedication of any property.3. According to the respondents, the expen...
Sivakalai Muthu Vs. the State of Tamil Nadu Rep. by Its Secretary to G ...
Court: Chennai
Decided on: Feb-20-2008
Reported in: (2008)4MLJ495
ORDERP.K. Misra, J.1. Heard the learned Counsel appearing for the parties.2. The primary issue relates to the question of alteration of date of birth of a person in Government employment. The petitioner entered into the Government service on 17.6.1963. At that time, his date of birth was shown as 12.9.1939 in the service records. Subsequently, the petitioner filed O.S. No. 313 of 1992 before the learned District Munsif, Kulithalai, for declaration that his correct date of birth is 29.7.1941 and consequently, for alteration in the service register indicating such correct date of birth. In the said suit, the State Government as well as the Deputy District Educational Officer, Karur, were impleaded as defendants. The civil Court accepted the contention of the petitioner and decreed the suit on 26.11.1993. As is the wont in many such matters, the proposal for filing appeal was initiated much after the disposal of the suit and ultimately, the appeal was filed with delay of 605 days. The I A...
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