Chennai Court March 2009 Judgments
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Reliance Generators Pvt. Ltd. Vs. Commercial Tax Officer
Court: Chennai
Decided on: Mar-24-2009
Reported in: (2009)26VST507(Mad)
D. Murugesan, J.1. The writ appeal raises the following question:Whether the provisions of the Tamil Nadu General Sales Tax Act, 1959 relating to the appeal and revision shall apply to an order of rectification made under Sub-section (4) of Section 55 of the said Act?2. The appellant (hereinafter referred to as 'the company') is carrying on the business of supplying, installing, testing and commissioning of diesel generators. Its transactions are exclusively with Government Departments and predominantly with Bharat Sanchar Nigam Limited. The company is an assessee under the provisions of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as 'the Act') on the file of the Commercial Tax Officer, Vadapalani II Assessment Circle (hereinafter referred to as 'the CTO'). For the assessment year 2000-01, the company reported a total and taxable turnover of Rs. 7,99,58,648 and Rs. 4,53,09,582, respectively, in respect of works contract. The Commercial Tax Officer determined the...
T. Elamathiyan and ors. Vs. the State of Tamil Nadu Rep. by Its Secret ...
Court: Chennai
Decided on: Mar-23-2009
Reported in: (2009)5MLJ324
ORDERK. Chandru, J.1. The petitioners have filed the writ petition seeking for a direction to the respondents to fix the scale of pay of the petitioners on par with that of bifurcated Instructors/P.G.Teachers based on the principle of ''Equal Pay for Equal Work' from the date of fixing their regular scale of pay pursuant to G.O.Ms. No. 712 dated 28.5.1990 and G.O.Ms. No. 967 dated 16.10.1992 and G.O.Ms. No. 834, dated 23.9.1994.2. The writ petition was admitted on 28.1.2003. Pending the writ petition, this Court declined to grant any interim relief.3. The case of the petitioners was that the teachers working in High Schools with diversified courses with subjects like Engineering, Commerce, Agriculture and Home Science were allowed to be utilised as vocational Instructors in Higher Secondary Courses. Therefore, G.O.Ms. No. 1719, Education, dated 14.9.1978 was passed permitting the utilisation of erstwhile bifurcated staff to teach in the Higher Secondary Classes. The Government also san...
The Southern India Cotton Waste Merchants and Exporters Association an ...
Court: Chennai
Decided on: Mar-20-2009
Reported in: (2009)24VST605(Mad)
ORDERK. Chandru, J.1. The first writ petition is filed by the Southern India Cotton Waste Merchants and Exporters Association seeking for a direction to the respondents to forbear from demanding Central Sales Tax (CST) on inter-State sale of waste cotton effected by the members of the Association over and above 4% as indicated in G.O.Ms. No. 693, CT & RE Department, dated 19.6.1982 of the second respondent. A list of members of the petitioner Association has been included in the typed set filed along with the writ petition.2. W.P. No. 615 of 1998 was filed by the petitioner Abba Traders challenging the order of the fourth respondent (DCTO, Coimbatore, R.S. Puram West Circle) dated 19.12.1997 wherein the Central Sales Tax was sought to be levied at 10% on the cotton waste not covered by 'C' forms.3. Notice was ordered in both the writ petitions on 21.1.1998. This Court also granted an interim injunction restraining the respondents from demanding more than 4%. Subsequently, this Court by...
The Chief Engineer(General) Public Works Department, Vs. M. Thanasekar ...
Court: Chennai
Decided on: Mar-19-2009
Reported in: (2009)5MLJ1
D. Murugesan, J.1. This appeal raises the question as to whether recovery could be ordered in respect of erroneous payment made to an employee. The respondent was appointed as Nominal Muster Roll employee under the Control of the Chief Engineer, Public Works Department during the year 1970. After completion of 10 years of service, his service was regularised as Fitter with effect from 01.01.1991 and thereafter he was accorded selection grade on completion of 10 years of service in the said post. His scale of pay as Fitter was prescribed as per pay rules at Rs. 1200-2040/- Thereafter it was revised after the Pay Commission Recommendations to Rs. 4000-6000/- by the proceedings of the Assistant Executive Engineer, dated 15.07.1996 and arrears due with effect from 01.01.1991 was also extended to the petitioner. However, by proceedings of the Executive Engineer, Public Works Department, dated 23.10.2002 directed recovery of excess payment of salary (i.e) he is entitled only to Rs. 3625-4900...
The Commissioner Corporation of Chennai Vs. L. Jaganathan and the Prin ...
Court: Chennai
Decided on: Mar-18-2009
Reported in: (2009)5MLJ256
ORDERR. Banumathi, J.1. Petitioner - Corporation of Chennai challenges the award of Principal Labour Court in I.D. No. 111/99 dated 12.08.2004 whereby the Labour Court ordered reinstatement of 1st Respondent with backwages.2. Brief facts which led to the filing of writ petition are as follows:(i) 1st Respondent was appointed as permanent labour from 03.01.1978 and he has worked as permanent labour till the date of compulsory retirement awarded to him on 04.04.1998.(ii) It is alleged that while in service 1st Respondent misbehaved with his colleagues and superiors in drunken condition while on duty for which he was also fined Rs. 40/- in Saidapet XI Court . 1st Respondent was frequently absenting and was irregular in his duty and also misbehaved with his colleagues and superiors. As many as 15 charges were framed against the 1st Respondent. 1st Respondent was suspended and he refused to receive the suspension order on 05.06.1996. (iii) One Raghava Rao, Executive Engineer was appointed a...
The Divisional Manager, the New India Ass. Co. Ltd. Vs. Sasikumar and ...
Court: Chennai
Decided on: Mar-18-2009
Reported in: (2009)5MLJ268
M. Venugopal, J.1. The appellant/New India Assurance Company Limited, Pondicherry has preferred this Civil Miscellaneous Appeal, dis-satisfied with the award dated 12/9/2003 passed in M.C.O.P. No. 339 of 2001 by the Motor Accident Claims Tribunal - Principal Sub-Judge, Cuddalore awarding a total compensation of Rs. 11,05,000/- (Rupees eleven lakhs and five thousand only) together with interest at 9% p.a., from the date of filing of the petition till date of payment.2. The facts of the claim in brief are as follows:On 11/9/2000, at about 18.00 hours, when the first respondent/claimant was standing at Karaikadu bus stop, waiting for the bus, at that time, the Motor Cycle bearing Registration No. TN31B-3202 came from Cuddalore side to Virudhachalam side in a rash and negligent manner at a high speed and hit against the first respondent/claimant, as a result of the accident, the first respondent/claimant sustained a head injury and grievous injuries. Immediately, after the accident, the fi...
A. Sankar Vs. Arulmighu Angalaparameswari
Court: Chennai
Decided on: Mar-18-2009
Reported in: AIR2009Mad140
G. Rajasuria, J.1. This second appeal is focussed by the defendant, animadverting upon the judgment and decree dated 27-10-2005 passed by the learned Additional District Judge, Fast Track Court No. 2, Chennai in A.S. No. 406 of 2004 confirming the judgment and decree dated 30-6-2004 passed by the learned I Assistant Judge, City Civil Court, Chennai in O.S. No. 5203 of 1997, which was one for eviction of the defendant from the suit property; payment of arrears of past rent and also damages for use and occupation till delivery of possession of the suit property by the defendant. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.2. The respondent/plaintiff herein filed the suit as against the defendant/appellant seeking the following main reliefs:- directing the defendant to quit and deliver vacant possession of the schedule mentioned property herein to the plaintiff.- to pay a sum of Rs. 3,492/- being the arrears of r...
National Insurance Co. Ltd. Vs. Deivanai and ors.
Court: Chennai
Decided on: Mar-17-2009
Reported in: AIR2009Mad124
S. Palanivelu, J.1. On 3.3.1992 at about 6.30 p.m. while the deceased Kandasamy was riding his bi-cycle, his father Sengamalai Padayachi was sitting on the back seat. While the cycle was proceeding along Ammamapalayam Road near Bungalow Kadu, a tractor bearing registration No. TN-27-Z-2151 was driven by its driver in a rash and negligent manner and dashed against the cycle from the back and hence the accident occurred. Both of them sustained serious injuries and were removed to Government Hospital, Attur. Kandasamy was referred to M.K.G.M.C. Hospital, Salem, for further treatment, however, on the way, he died. He was aged about 28 years at the time of accident. He was an agriculturist and tapioca broker. Agricultural lands to the extent of 2.49.5 hectare belong to the family of the deceased. He was earning not less than Rs. 2,000/- per month. The first petitioner is wife of the deceased, second and third petitioners are minor sons and fourth and fifth petitioners are parents of the dec...
Phosphate Chemicals Export Association Inc. Vs. Southern Petrochemical ...
Court: Chennai
Decided on: Mar-17-2009
Reported in: [2009]150CompCas524(Mad); (2009)5MLJ1249
S. Rajeswaran, J.1. This petition has been filed by M/s. Phosphate Chemicals Export Association Inc., Illinois, U. S. A. to wind up the company. According to the petitioner, the respondent placed an order for supply of approximately, 6,81,000 m.t. of Di-Ammonium Phosphate (DAP) as per Export Sales Contract No. 01433 dated June 27, 2001, on cash against documents, 180 days from the date of bill of lading. The petitioner shipped the contracted quantity of DAP to the respondent in two shipments. The first shipment of 32,950.754 m.t. DAP was sent under bill of lading dated June 1, 2001 and the second shipment of 34,999.480 m.t. of DAP was sent under bill of lading dated June 12, 2001. The total value of DAP was US $ 11,675,325.70 payable within 180 days. Both the shipments were duly accepted by the respondent on arrival.2. In terms of the agreement, the payment for the first shipment of US $ 5,687,959.16 became due and payable on November 28, 2001 and the payment of US $ 5,987,361.04 under...
A. Arul Vs. State of Tamil Nadu Rep. by Its Secretary Public Works Dep ...
Court: Chennai
Decided on: Mar-16-2009
Reported in: (2009)5MLJ220
ORDERK.N. Basha, J.1. The petitioner has come forward with this writ petition seeking for the relief of a direction in particular a writ of Mandamus directing the third respondent to reimburse the medical expenses as per G.O.Ms. No. 18, Finance (Allowance-1) Department, dated 9.1.1992, G.O.Ms. No. 141, Finance (Salaries) Department, dated 26.2.1996 and circular dated 6.10.1999 read with letter dated 30.11.1998, along with penal interest of 18% from 19.3.1996 to till date.2. The case of the petitioner, as seen from the affidavit of the petitioner, is that he was working as the Record Clerk in the Public Works Department under the control of the third respondent herein.3. It is submitted that the employees of the said Department are governed by G.O.Ms. No. 18, Finance (Allowance-1) Department, dated 9.1.1992 regarding the medical aid. The scheme was formulated for constitution of fund to grant assistance to Government employees for surgery. For this purpose, a special corpus fund, namely...
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