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Chennai Court July 2008 Judgments

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Jul 01 2008

Rajarajeswari Packaging Products Vs. Dev Fasteners Ltd.

Court: Chennai

Decided on: Jul-01-2008

Reported in: [2008]144CompCas351(Mad); (2008)7MLJ433

M. Chockalingam, J.1. This appeal challenges an order of the learned single judge dismissing the Company Petition No. 568 of 2000 (Rajearajeswari Packaging Products v. Dev Fasteners Ltd. 2002 108 Comp Cas 715, whereby the appellant came with the request for winding up the respondent-company for the reasons stated therein.2. Learned Counsel for the appellant is heard. Despite service of notice, the respondent has not appeared. The grounds on which the order of the learned single judge is assailed, are looked into.3. The case of the appellant in short is that the respondent-company having its registered office in Madras, was manufacturing fasteners (bolts and nuts) for the automobile industries; that the appellant-company, a sole proprietorship concern, was manufacturing the corrugated boxes, and they supplied the same for packaging the products of the respondent-company; that by way of supply, there was an outstanding balance of Rs. 42,544; that whenever there was an outstanding, it was...


Jul 01 2008

The New Indian Assurance Co. Ltd. Vs. Prabhu and ors.

Court: Chennai

Decided on: Jul-01-2008

Reported in: 2010ACJ336

S. Manikumar, J.1. In all these civil miscellaneous appeals, the appellant / insurance company has taken up the plea that, as per the terms of the policy, the Company is statutorily bound to pay compensation only to the number of persons for whom there is a risk coverage and that the Tribunal has erred in fastening the liability on the insurance company to pay compensation in respect of all the claimants. As the question of law and facts involved in these appeals are common, they are being disposed of by a common order.2. Facts leading to the appeals are as follows:On 21.10.1997, 17 persons travelled in a lorry bearing registration No. TCQ 8479, owned by the second respondent and insured with the appellant's company. Due to the rash and negligent driving of its driver, the vehicle capsized. As a result, 15 persons sustained injuries, out of which, 13 died. Legal representatives of the deceased and the injured, filed separate claim petitions before the Motor Accident Claims Tribunal, Pr...


Jul 01 2008

R. Kaaruppan Vs. Govt. of India and ors.

Court: Chennai

Decided on: Jul-01-2008

Reported in: AIR2008Mad264

A.K. Ganguly, C.J.1. Heard Mr. R. Kaaruppan, the petitioner appearing in person in connection with his petition, which has been filed in public interest. In this petition, the prayer is for a direction upon the first and second respondents to extend the crop loan waiver scheme to all the farmers throughout India, irrespective of the area of lands held by them.2. The main thrust in the argument is that the Government of India has announced a waiver of Rs. 71,360 crores of loan taken by the farmers. Various newspaper reports and materials from the internet have been annexed to the writ petition to show that the policy which has been formulated in working out this aforesaid loan waiver scheme benefits only farmers having land upto 5 acres. The petitioner submits that the aforesaid scheme, therefore, is discriminatory inasmuch as it excludes farmers having more than five acres of land from the benefit of the said scheme. The petitioner further submits that despite the announcement of such ...


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